108TH CONGRESS
1ST SESSION
H. R. 2658
AN ACT
Making appropriations for the Department of De-
fense for the fiscal year ending September 30,
2004, and for other purposes.
108TH CONGRESS
1ST SESSION
H. R. 2658
AN ACT
Making appropriations for the Department of Defense for
the fiscal year ending September 30, 2004, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2004, for military func-
tions administered by the Department of Defense and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the
Army on active duty, (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets;
and for payments pursuant to section 156 of Public Law
97–377, as amended (42 U.S.C. 402 note), and to the De-
partment 
of 
Defense 
Military 
Retirement 
Fund,
$28,233,436,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the
Navy on active duty (except members of the Reserve pro-
vided for elsewhere), midshipmen, and aviation cadets; and
for payments pursuant to section 156 of Public Law 97–
377, as amended (42 U.S.C. 402 note), and to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund,
$23,052,001,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military Re-
tirement Fund, $8,962,197,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Air
Force on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets;
and for payments pursuant to section 156 of Public Law
97–377, as amended (42 U.S.C. 402 note), and to the De-
partment 
of 
Defense 
Military 
Retirement 
Fund,
$23,121,003,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and
3038 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or
while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and for members
of the Reserve Officers’ Training Corps, and expenses au-
thorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund, $3,568,625,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in con-
nection with performing duty specified in section 12310(a)
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Na-
tional Guard on duty under section 10211, 10305, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$2,140,598,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary
for the operation and maintenance of the Army, as author-
ized by law; and not to exceed $11,034,000 can be used
for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of
the Army, and payments may be made on his certificate
of 
necessity 
for 
confidential 
military 
purposes,
$24,903,992,000: Provided, That of the funds appro-
priated in this paragraph, not less than $355,000,000
shall be made available only for conventional ammunition
care and maintenance: Provided further, That of funds
made available under this heading, $2,500,000 shall be
available for Fort Baker, in accordance with the terms and
conditions as provided under the heading ‘‘Operation and
Maintenance, Army’’, in Public Law 107–117.
OPERATION AND MAINTENANCE, NAVY
For expenses, not otherwise provided for, necessary
for the operation and maintenance of the Navy and the
Marine Corps, as authorized by law; and not to exceed
$4,463,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of
the Secretary of the Navy, and payments may be made
on his certificate of necessity for confidential military pur-
poses, $28,060,240,000.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary
for the operation and maintenance of the Marine Corps,
as authorized by law, $3,440,456,000.
OPERATION AND MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary
for the operation and maintenance of the Air Force, as
authorized by law; and not to exceed $7,801,000 can be
used for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of
the Air Force, and payments may be made on his certifi-
cate of necessity for confidential military purposes,
$26,689,043,000: Provided, That notwithstanding any
other provision of law, that of the funds available under
this heading, $750,000 shall only be available to the Sec-
retary of the Air Force for a grant to Florida Memorial
College for the purpose of funding minority aviation train-
ing.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military
departments), as authorized by law, $16,124,455,000, of
which not to exceed $25,000,000 may be available for the
CINC initiative fund account; and of which not to exceed
$34,500,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or author-
ity of the Secretary of Defense, and payments may be
made on his certificate of necessity for confidential mili-
tary purposes: Provided, That notwithstanding any other
provision of law, of the funds provided in this Act for Civil
Military programs under this heading, $500,000 shall be
available for a grant for Outdoor Odyssey, Roaring Run,
Pennsylvania, to support the Youth Development and
Leadership 
program 
and 
Department 
of 
Defense
STARBASE program: Provided further, That none of the
funds appropriated or otherwise made available by this
Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office
of the Secretary of Defense, the office of the Secretary
of a military department, or the service headquarters of
one of the Armed Forces into a legislative affairs or legis-
lative liaison office: Provided further, That $4,700,000, to
remain available until expended, is available only for ex-
penses relating to certain classified activities, and may be
transferred as necessary by the Secretary to operation and
maintenance appropriations or research, development, test
and evaluation appropriations, to be merged with and to
be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling
on the investment item unit cost of items that may be pur-
chased with operation and maintenance funds shall not
apply to the funds described in the preceding proviso: Pro-
vided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,031,309,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,171,921,000.
OPERATION AND MAINTENANCE, MARINE CORPS
RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger
motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equip-
ment; and communications, $173,952,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Air Force Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,144,188,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL
GUARD
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and
hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and
equipment (including aircraft), $4,325,231,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National
Guard, including medical and hospital treatment and re-
lated expenses in non-Federal hospitals; maintenance, op-
eration, repair, and other necessary expenses of facilities
for the training and administration of the Air National
Guard, including repair of facilities, maintenance, oper-
ation, and modification of aircraft; transportation of
things, hire of passenger motor vehicles; supplies, mate-
rials, and equipment, as authorized by law for the Air Na-
tional Guard; and expenses incident to the maintenance
and use of supplies, materials, and equipment, including
such as may be furnished from stocks under the control
of agencies of the Department of Defense; travel expenses
(other than mileage) on the same basis as authorized by
law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National
Guard Bureau, $4,424,046,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contin-
gency Operations by United States military forces,
$5,000,000, to remain available until expended: Provided,
That the Secretary of Defense may transfer these funds
only to military personnel accounts; operation and mainte-
nance accounts within this title; the Defense Health Pro-
gram appropriation; procurement accounts; research, de-
velopment, test and evaluation accounts; and to working
capital funds: Provided further, That the funds transferred
shall be merged with and shall be available for the same
purposes and for the same time period, as the appropria-
tion to which transferred: Provided further, That upon de-
termination that all or part of the funds transferred from
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to
this appropriation: Provided further, That the transfer au-
thority provided in this paragraph is in addition to any
other transfer authority contained elsewhere in this Act.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
For salaries and expenses necessary for the United
States Court of Appeals for the Armed Forces,
$10,333,000, of which not to exceed $2,500 can be used
for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $396,018,000, to
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Army, or
for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available
to the Department of the Army, to be merged with and
to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $256,153,000, to
remain available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Navy, or
for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available
to the Department of the Navy, to be merged with and
to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $384,307,000,
to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of un-
safe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations
made available to the Department of the Air Force, to be
merged with and to be available for the same purposes
and for the same time period as the appropriations to
which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to
this appropriation.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $24,081,000, to re-
main available until transferred: Provided, That the Sec-
retary of Defense shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts
may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $221,369,000, to
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris at sites formerly used by the Depart-
ment of Defense, transfer the funds made available by this
appropriation to other appropriations made available to
the Department of the Army, to be merged with and to
be available for the same purposes and for the same time
period as the appropriations to which transferred: Pro-
vided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of
Defense (consisting of the programs provided under sec-
tions 401, 402, 404, 2547, and 2561 of title 10, United
States Code), $59,000,000, to remain available until Sep-
tember 30, 2005.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet
Union, including assistance provided by contract or by
grants, for facilitating the elimination and the safe and
secure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weap-
on-related technology and expertise; for programs relating
to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons,
weapons components and weapons technology and exper-
tise, and for defense and military contacts, $450,800,000,
to remain available until September 30, 2006.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $2,180,785,000, to remain available
for obligation until September 30, 2006.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including
ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,533,462,000, to remain available
for obligation until September 30, 2006.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For construction, procurement, production, and
modification of weapons and tracked combat vehicles,
equipment, including ordnance, spare parts, and acces-
sories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes, $1,956,504,000, to remain available for obliga-
tion until September 30, 2006: Provided, That of the
funds made available under this heading, $35,000,000
shall be available only for advance procurement items for
the fifth and sixth Stryker Brigade Combat Teams.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $1,355,466,000, to remain
available for obligation until September 30, 2006.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and
modification of vehicles, including tactical, support, and
non-tracked combat vehicles; the purchase of passenger
motor vehicles for replacement only; and the purchase of
4 vehicles required for physical security of personnel, not-
withstanding price limitations applicable to passenger ve-
hicles but not to exceed $180,000 per vehicle; communica-
tions and electronic equipment; other support equipment;
spare parts, ordnance, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other
expenses 
necessary 
for 
the 
foregoing 
purposes,
$4,547,596,000, to remain available for obligation until
September 30, 2006.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Govern-
ment 
and 
contractor-owned 
equipment 
layaway,
$9,030,148,000, to remain available for obligation until
September 30, 2006.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts,
and accessories therefor; expansion of public and private
plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway, $2,205,634,000, to remain available for obliga-
tion until September 30, 2006.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For construction, procurement, production, and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $941,855,000, to remain avail-
able for obligation until September 30, 2006.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical,
long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of
public and private plants, including land necessary there-
for, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title, as follows:
Carrier Replacement Program, $1,186,564,000;
Virginia Class Submarine, $2,123,221,000;
SSGN Conversion, $1,167,300,000;
Cruiser Conversion, $194,440,000;
CVN Refueling Overhauls, $367,832,000;
Submarine Refueling Overhauls, $123,372,000;
DDG–51, $3,198,311,000;
LHD–1 
Amphibious 
Assault 
Ship,
$355,006,000;
LPD–17, $1,367,034,000;
Minehunter, SWATH, $9,000,000;
Service Craft, $39,480,000;
Landing 
Craft 
Air 
Cushion, 
LCAC,
$73,087,000;
Prior 
Year 
Shipbuilding 
Program,
$899,502,000; and
For outfitting, post delivery, conversions, and
first destination transportation, $348,949,000.
In all: $11,453,098,000, to remain available for obligation
until September 30, 2008: Provided, That additional obli-
gations may be incurred after September 30, 2008, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage
of ship construction: Provided further, That none of the
funds provided under this heading for the construction or
conversion of any naval vessel to be constructed in ship-
yards in the United States shall be expended in foreign
facilities for the construction of major components of such
vessel: Provided further, That none of the funds provided
under this heading shall be used for the construction of
any naval vessel in foreign shipyards.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of
support equipment and materials not otherwise provided
for, Navy ordnance (except ordnance for new aircraft, new
ships, and ships authorized for conversion); the purchase
of passenger motor vehicles for replacement only, and the
purchase of 2 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to
passenger carrying vehicles but not to exceed $245,000
per unit; expansion of public and private plants, including
the land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Govern-
ment 
and 
contractor-owned 
equipment 
layaway,
$4,784,742,000, to remain available for obligation until
September 30, 2006.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manu-
facture, and modification of missiles, armament, military
equipment, spare parts, and accessories therefor; plant
equipment, appliances, and machine tools, and installation
thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; ve-
hicles for the Marine Corps, including the purchase of pas-
senger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary
therefor, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title, $1,200,499,000, to remain available for ob-
ligation until September 30, 2006.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
aircraft and equipment, including armor and armament,
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, Gov-
ernment-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes in-
cluding 
rents 
and 
transportation 
of 
things,
$11,877,051,000, to remain available for obligation until
September 30, 2006.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, in-
cluding spare parts and accessories therefor, ground han-
dling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and in-
stallation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $4,235,505,000, to remain available for obligation
until September 30, 2006.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $1,279,725,000, to remain
available for obligation until September 30, 2006.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment,
and ground electronic and communication equipment),
and supplies, materials, and spare parts therefor, not oth-
erwise provided for; the purchase of passenger motor vehi-
cles for replacement only, and the purchase of 1 vehicle
required for physical security of personnel, notwith-
standing price limitations applicable to passenger vehicles
but not to exceed $243,000 per vehicle; lease of passenger
motor vehicles; and expansion of public and private plants,
Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Gov-
ernment 
and 
contractor-owned 
equipment 
layaway,
$11,195,159,000, to remain available for obligation until
September 30, 2006.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments)
necessary for procurement, production, and modification
of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; the purchase of passenger
motor vehicles for replacement only, including not to ex-
ceed 3 passenger motor vehicles for the Defense Security
Service; the purchase of 4 vehicles required for physical
security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed
$250,000 per vehicle; expansion of public and private
plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the fore-
going purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $3,803,776,000, to re-
main available for obligation until September 30, 2006.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procure-
ment for the reserve components of the Armed Forces,
$100,000,000, to remain available for obligation until Sep-
tember 30, 2006: Provided, That the Chiefs of the Reserve
and National Guard components shall, not later than 30
days after the enactment of this Act, individually submit
to the congressional defense committees the modernization
priority assessment for their respective Reserve or Na-
tional Guard component.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant
to sections 108, 301, 302, and 303 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and
2093), $67,516,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
ARMY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $10,186,272,000, to remain avail-
able for obligation until September 30, 2005: Provided,
That of the amounts provided under this heading,
$10,000,000 for Molecular Genetics and Musculoskeletal
Research in program element 0602787A, shall remain
available until expended.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
NAVY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $14,666,239,000, to remain avail-
able for obligation until September 30, 2005: Provided,
That funds appropriated in this paragraph which are
available for the V–22 may be used to meet unique oper-
ational requirements of the Special Operations Forces:
Provided further, That funds appropriated in this para-
graph shall be available for the Cobra Judy program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
AIR FORCE
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $20,704,267,000, to remain avail-
able for obligation until September 30, 2005.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments),
necessary for basic and applied scientific research, devel-
opment, test and evaluation; advanced research projects
as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation,
lease, and operation of facilities and equipment,
$18,763,791,000, to remain available for obligation until
September 30, 2005.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary
for the independent activities of the Director, Operational
Test and Evaluation, in the direction and supervision of
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to,
and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in
connection therewith, $293,661,000, to remain available
for obligation until September 30, 2005.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For 
the 
Defense 
Working 
Capital 
Funds,
$1,721,507,000.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs,
projects, and activities, and for expenses of the National
Defense Reserve Fleet, as established by section 11 of the
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744),
and for the necessary expenses to maintain and preserve
a U.S.-flag merchant fleet to serve the national security
needs of the United States, $1,066,462,000, to remain
available until expended: Provided, That none of the funds
provided in this paragraph shall be used to award a new
contract that provides for the acquisition of any of the
following major components unless such components are
manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion
system components (that is; engines, reduction gears, and
propellers); shipboard cranes; and spreaders for shipboard
cranes: Provided further, That the exercise of an option
in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award
of a new contract: Provided further, That the Secretary
of the military department responsible for such procure-
ment may waive the restrictions in the first proviso on
a case-by-case basis by certifying in writing to the Com-
mittees on Appropriations of the House of Representatives
and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made
in order to acquire capability for national security pur-
poses: Provided further, That, notwithstanding any other
provision of law, $6,500,000 of the funds available under
this heading shall be available in addition to other
amounts otherwise available, only to finance the cost of
constructing additional sealift capacity.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical
and health care programs of the Department of Defense,
as authorized by law, $15,613,159,000, of which
$14,874,037,000 shall be for Operation and maintenance,
of which not to exceed 2 percent shall remain available
until September 30, 2005; of which $328,826,000, to re-
main available for obligation until September 30, 2006,
shall be for Procurement; and of which $410,296,000, to
remain available for obligation until September 30, 2005,
shall be for Research, development, test and evaluation.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
ARMY
For expenses, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not
in the chemical weapon stockpile, $1,533,261,000, of
which $1,199,168,000 shall be for Operation and mainte-
nance to remain available until September 30, 2005;
$79,212,000 shall be for Procurement to remain available
until September 30, 2006; $254,881,000 shall be for Re-
search, development, test and evaluation to remain avail-
able until September 30, 2005; and no more than
$132,677,000 may be for the Chemical Stockpile Emer-
gency Preparedness Program, of which $44,168,000 shall
be for activities on military installations and $88,509,000
shall be to assist state and local governments.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of
the Department of Defense, for transfer to appropriations
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Op-
eration and maintenance; for Procurement; and for Re-
search, development, test and evaluation, $817,371,000:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
and for the same purpose as the appropriation to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided here-
in, such amounts may be transferred back to this appro-
priation: Provided further, That the transfer authority pro-
vided under this heading is in addition to any other trans-
fer authority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $162,449,000,
of which $160,049,000 shall be for Operation and mainte-
nance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on
the approval or authority of the Inspector General, and
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; and
of which $300,000 to remain available until September 30,
2005, shall be for Research, Development, Test and Eval-
uation; and of which $2,100,000, to remain available until
September 30, 2006, shall be for Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain the
proper funding level for continuing the operation of the
Central Intelligence Agency Retirement and Disability
System, $226,400,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Commu-
nity Management Account, $170,640,000, of which
$26,081,000 for the Advanced Research and Development
Committee shall remain available until September 30,
2005: Provided, That of the funds appropriated under this
heading, $46,100,000 shall be transferred to the Depart-
ment of Justice for the National Drug Intelligence Center
to support the Department of Defense’s counter-drug in-
telligence responsibilities, and of the said amount,
$1,500,000 for Procurement shall remain available until
September 30, 2006 and $1,000,000 for Research, devel-
opment, test and evaluation shall remain available until
September 30, 2005: Provided further, That the National
Drug Intelligence Center shall maintain the personnel and
technical resources to provide timely support to law en-
forcement authorities and the intelligence community by
conducting document and computer exploitation of mate-
rials collected in Federal, State, and local law enforcement
activity associated with counter-drug, counter-terrorism,
and national security investigations and operations.
NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–
183, $8,000,000, to be derived from the National Security
Education Trust Fund, to remain available until ex-
pended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States
shall not apply to personnel of the Department of Defense:
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess
of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is
computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to
its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of De-
fense foreign service national employees serving at United
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall
not apply to foreign national employees of the Department
of Defense in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the
last 2 months of the fiscal year: Provided, That this sec-
tion shall not apply to obligations for support of active
duty training of reserve components or summer camp
training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $2,500,000,000
of working capital funds of the Department of Defense
or funds made available in this Act to the Department
of Defense for military functions (except military con-
struction) between such appropriations or funds or any
subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further,
That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority
or any other authority in this Act: Provided further, That
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, unless for higher pri-
ority items, based on unforeseen military requirements,
than those for which originally appropriated and in no
case where the item for which reprogramming is requested
has been denied by the Congress: Provided further, That
a request for multiple reprogrammings of funds using au-
thority provided in this section must be made prior to May
31, 2004.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash
balances in working capital funds of the Department of
Defense established pursuant to section 2208 of title 10,
United States Code, may be maintained in only such
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further,
That transfers may be made between working capital
funds and the ‘‘Foreign Currency Fluctuations, Defense’’
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of
the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working
capital funds in this Act, no obligations may be made
against a working capital fund to procure or increase the
value of war reserve material inventory, unless the Sec-
retary of Defense has notified the Congress prior to any
such obligation.
SEC. 8007. Funds appropriated by this Act may not
be used to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
SEC. 8008. None of the funds provided in this Act
shall be available to initiate: (1) a multiyear contract that
employs economic order quantity procurement in excess of
$20,000,000 in any 1 year of the contract or that includes
an unfunded contingent liability in excess of $20,000,000;
or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, un-
less the congressional defense committees have been noti-
fied at least 30 days in advance of the proposed contract
award: Provided, That no part of any appropriation con-
tained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance
procurement is not funded at least to the limits of the
Government’s liability: Provided further, That no part of
any appropriation contained in this Act shall be available
to initiate multiyear procurement contracts for any sys-
tems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear
procurement contract can be terminated without 10-day
prior notification to the congressional defense committees:
Provided further, That the execution of multiyear author-
ity shall require the use of a present value analysis to de-
termine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
F/A–18 aircraft;
E–2C aircraft; and
Tactical Tomahawk missile.
SEC. 8009. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are
hereby appropriated pursuant to section 401 of title 10,
United States Code, for humanitarian and civic assistance
costs under chapter 20 of title 10, United States Code.
Such funds may also be obligated for humanitarian and
civic assistance costs incidental to authorized operations
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported as required by section 401(d) of
title 10, United States Code: Provided, That funds avail-
able for operation and maintenance shall be available for
providing humanitarian and similar assistance by using
Civic Action Teams in the Trust Territories of the Pacific
Islands and freely associated states of Micronesia, pursu-
ant to the Compact of Free Association as authorized by
Public Law 99–239: Provided further, That upon a deter-
mination by the Secretary of the Army that such action
is beneficial for graduate medical education programs con-
ducted at Army medical facilities located in Hawaii, the
Secretary of the Army may authorize the provision of med-
ical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients
from American Samoa, the Commonwealth of the North-
ern Mariana Islands, the Marshall Islands, the Federated
States of Micronesia, Palau, and Guam.
SEC. 8010. (a) During fiscal year 2004, the civilian
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not
be subject to any constraint or limitation (known as an
end-strength) on the number of such personnel who may
be employed on the last day of such fiscal year.
(b) The fiscal year 2005 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 2005
Department of Defense budget request shall be prepared
and submitted to the Congress as if subsections (a) and
(b) of this provision were effective with regard to fiscal
year 2005.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8011. Notwithstanding any other provision of
law, none of the funds made available by this Act shall
be used by the Department of Defense to exceed, outside
the 50 United States, its territories, and the District of
Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Per-
sonnel Manual: Provided further, That workyears ex-
pended in dependent student hiring programs for dis-
advantaged youths shall not be included in this workyear
limitation.
SEC. 8012. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8013. None of the funds appropriated by this
Act shall be available for the basic pay and allowances of
any member of the Army participating as a full-time stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is
credited toward completion of a service commitment: Pro-
vided, That this subsection shall not apply to those mem-
bers who have reenlisted with this option prior to October
1, 1987: Provided further, That this subsection applies
only to active components of the Army.
SEC. 8014. None of the funds appropriated by this
Act shall be available to convert to contractor performance
an activity or function of the Department of Defense that,
on or after the date of the enactment of this Act, is per-
formed by more than 10 Department of Defense civilian
employees unless such conversion is based on the result
of a public-private competition that includes a most effi-
cient and cost effective organization plan developed by
such activity or function and the Competitive Sourcing Of-
ficial certifies that the projected savings of the competition
exceed the minimum conversion differential for such activ-
ity or function: Provided, That this section shall not apply
in circumstances in which the Department of Defense pub-
lishes in the Federal Register a determination that compli-
ance would have an adverse impact on national security:
Provided further, That this section and subsections (a),
(b), and (c) of 10 U.S.C. 2461 shall not apply to a com-
mercial or industrial type function of the Department of
Defense that: (1) is included on the procurement list es-
tablished pursuant to section 2 of the Act of June 25,
1938 (41 U.S.C. 47), popularly referred to as the Javits-
Wagner-O’Day Act; (2) is planned to be converted to per-
formance by a qualified nonprofit agency for the blind or
by a qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or (3) is
planned to be converted to performance by a qualified firm
under 51 percent ownership by an Indian tribe, as defined
in section 450b(e) of title 25, United States Code, or a
Native Hawaiian organization, as defined in section
637(a)(15) of title 15, United States Code.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law
101–510; 10 U.S.C. 2301 note), as amended, under the
authority of this provision or any other transfer authority
contained in this Act.
SEC. 8016. None of the funds in this Act may be
available for the purchase by the Department of Defense
(and its departments and agencies) of welded shipboard
anchor and mooring chain 4 inches in diameter and under
unless the anchor and mooring chain are manufactured
in the United States from components which are substan-
tially manufactured in the United States: Provided, That
for the purpose of this section manufactured will include
cutting, heat treating, quality control, testing of chain and
welding (including the forging and shot blasting process):
Provided further, That for the purpose of this section sub-
stantially all of the components of anchor and mooring
chain shall be considered to be produced or manufactured
in the United States if the aggregate cost of the compo-
nents produced or manufactured in the United States ex-
ceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further,
That when adequate domestic supplies are not available
to meet Department of Defense requirements on a timely
basis, the Secretary of the service responsible for the pro-
curement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations that such an acquisition must be made in order
to acquire capability for national security purposes.
SEC. 8017. None of the funds appropriated by this
Act available for the Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) or TRICARE
shall be available for the reimbursement of any health care
provider for inpatient mental health service for care re-
ceived when a patient is referred to a provider of inpatient
mental health care or residential treatment care by a med-
ical or health care professional having an economic inter-
est in the facility to which the patient is referred: Pro-
vided, That this limitation does not apply in the case of
inpatient mental health services provided under the pro-
gram for persons with disabilities under subsection (d) of
section 1079 of title 10, United States Code, provided as
partial hospital care, or provided pursuant to a waiver au-
thorized by the Secretary of Defense because of medical
or psychological circumstances of the patient that are con-
firmed by a health professional who is not a Federal em-
ployee after a review, pursuant to rules prescribed by the
Secretary, which takes into account the appropriate level
of care for the patient, the intensity of services required
by the patient, and the availability of that care.
SEC. 8018. (a) During the current fiscal year and
hereafter, the Secretary of Defense may, by executive
agreement, establish with the government of any North
Atlantic Treaty Organization member nation a separate
account into which residual value amounts negotiated with
that nation in the return of United States military instal-
lations in that nation may be deposited, in lieu of direct
monetary transfers to the United States Treasury. Any
such deposit may be made in the currency of the host na-
tion. Amounts in such an account shall be treated as cred-
its to that host nation and may be used only as specified
in subsection (b).
(b) Amounts deposited by a host nation in an account
as provided for in an agreement under subsection (a) may
be used—
(1) subject to subsection (c), for the construc-
tion of facilities to support United States military
forces in that host nation; or
(2) for such real property maintenance and
base operating costs at United States military instal-
lations in that host nation that are currently exe-
cuted through monetary transfers to such host na-
tion.
(c) A military construction project may be executed
from an account established under this section only if the
project has been previously authorized by law.
(d) In the budget justification materials submitted to
Congress in support of the President’s budget for the De-
partment of Defense for any fiscal year, the Secretary of
Defense shall identify—
(1) amounts anticipated to be received during
that fiscal year in residual value settlements under
this section; and
(2) such construction, real property mainte-
nance, and base operating costs that shall be funded
by the host nation during that fiscal year through
such credits under an agreement under this section.
(e)(1) The Secretary of Defense shall report any exec-
utive agreement with a NATO member nation under this
section to the congressional committees specified in para-
graph (2) not less than 30 days before the conclusion and
endorsement of the agreement.
(2) The committees referred to in paragraph (1) are
the congressional defense committees, the Committee on
International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate.
SEC. 8019. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
pose 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 ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of
Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government.
SEC. 8021. In addition to the funds provided else-
where in this Act, $8,000,000 is appropriated only for in-
centive payments authorized by Section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544): Provided, That
a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or sup-
plier as defined in 25 U.S.C. 1544 or a small business
owned and controlled by an individual defined under 25
U.S.C. 4221(9) shall be considered a contractor for the
purposes of being allowed additional compensation under
section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract
amount is over $500,000 and involves the expenditure of
funds appropriated by an Act making Appropriations for
the Department of Defense with respect to any fiscal year:
Provided further, That notwithstanding 41 U.S.C. 430,
this section shall be applicable to any Department of De-
fense acquisition of supplies or services, including any con-
tract and any subcontract at any tier for acquisition of
commercial items produced or manufactured, in whole or
in part by any subcontractor or supplier defined in 25
U.S.C. 1544 or a small business owned and controlled by
an individual defined under 25 U.S.C. 4221(9).
SEC. 8022. None of the funds appropriated by this
Act shall be available to perform any cost study pursuant
to the provisions of OMB Circular A–76 if the study being
performed exceeds a period of 24 months after initiation
of such study with respect to a single function activity or
48 months after initiation of such study for a multi-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 Vet-
erans Affairs by section 7455 of title 38, United States
Code.
SEC. 8025. (a) The Secretary of Defense shall afford
qualified nonprofit agencies for the blind or other severely
handicapped the maximum practicable opportunity to par-
ticipate as subcontractors and suppliers in the perform-
ance of contracts for the procurement of supplies or serv-
ices that are let by the Department of Defense using funds
appropriated for military functions of the Department of
Defense (other than for military construction or military
family housing).
(b) A business concern that has negotiated with the
Secretary of a military department or the director of a
Defense Agency a subcontracting plan for the participa-
tion by small business concerns pursuant to section 8(d)
of the Small Business Act (15 U.S.C. 637(d)) shall be
given credit toward meeting that subcontracting goal for
any purchase made from a qualified nonprofit agency for
the blind or other severely handicapped.
(c) For the purpose of this section, the term ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind, or a non-
profit agency for other severely handicapped, that has
been approved by the Committee for the Purchase from
the Blind and Other Severely Handicapped under the Jav-
its-Wagner-O’Day Act (41 U.S.C. 46–48).
(d) This section shall apply during the current fiscal
year and hereafter.
SEC. 8026. During the current fiscal year, net re-
ceipts pursuant to collections from third party payers pur-
suant 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 De-
partment of Defense is authorized to incur obligations of
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government
of Kuwait, under that section: Provided, That upon re-
ceipt, such contributions from the Government of Kuwait
shall be credited to the appropriations or fund which in-
curred such obligations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8028. (a) Of the funds made available in this
Act, not less than $32,758,000 shall be available for the
Civil Air Patrol Corporation, of which—
(1) $21,432,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil
Air Patrol Corporation operation and maintenance,
readiness, counterdrug activities, and drug demand
reduction activities involving youth programs;
(2) $10,540,000 shall be available from ‘‘Air-
craft Procurement, Air Force’’; and
(3) $786,000 shall be available from ‘‘Other
Procurement, Air Force’’ for vehicle procurement.
(b) Notwithstanding section 9445 of title 10, United
States Code, or any other provision of law, of the funds
made available to the Civil Air Patrol Corporation in this
Act under the heading ‘‘Aircraft Procurement, Air Force’’,
not more than $770,000 may be transferred by the Sec-
retary of the Air Force to the ‘‘Operation and Mainte-
nance, Air Force’’ appropriation to be merged with and
to be available for administrative expenses incurred by the
Air Force in the administration of Civil Air Patrol Cor-
poration. Funds so transferred shall be available for the
same period as the appropriation to which transferred.
(c) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal State, and
local government agencies.
SEC. 8029. (a) None of the funds appropriated in this
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and
other non-profit entities.
(b) No member of a Board of Directors, Trustees,
Overseers, Advisory Group, Special Issues Panel, Visiting
Committee, or any similar entity of a defense FFRDC,
and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in
a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership 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 construc-
tion 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 include 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 6,321 staff years of technical effort
(staff years) may be funded for defense FFRDCs: Pro-
vided, That of the specific amount referred to previously
in this subsection, 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 submis-
sion 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 during that fiscal year.
(f) Notwithstanding any other provision of this Act,
the total amount appropriated in this Act for FFRDCs
is hereby reduced by $74,200,000.
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 fa-
cility or property under the control of the Department of
Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement re-
strictions 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 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: Pro-
vided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enact-
ment of this Act.
SEC. 8031. For the purposes of this Act, the term
‘‘congressional defense committees’’ means the Armed
Services Committee of the House of Representatives, the
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations
of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representa-
tives.
SEC. 8032. (a) During the current fiscal year and
hereafter, the Department of Defense may acquire the
modification, depot maintenance, and repair of aircraft,
vehicles, and vessels, as well as the production of compo-
nents and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance
activities and private firms.
(b) In the case of a competition conducted under this
section, the Senior Acquisition Executive of the military
department or Defense Agency concerned shall certify that
the successful bid includes comparable estimates of all di-
rect and indirect costs for bids submitted both by Depart-
ment of Defense depot maintenance activities and by pri-
vate firms. The authority of the Senior Acquisition Execu-
tive under this section may be delegated.
(c) Office of Management and Budget Circular A–
76 shall not apply to a competition conducted under this
section.
SEC. 8033. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement 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 Secretary’s blanket waiver of the Buy Amer-
ican 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
purchases 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 agreement 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
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.).
SEC. 8034. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
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, pro-
vided 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 cur-
rent 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 pe-
riod and the same purposes as the appropriation to which
transferred.
SEC. 8036. The President shall include with each
budget 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 re-
quested in the budget for appropriation for that fiscal year
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military depart-
ments, and the defense agencies.
SEC. 8037. Notwithstanding any other provision of
law, funds available for ‘‘Drug Interdiction and Counter-
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 sec-
tion 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
section 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 Indian tribes located in the States of North Da-
kota, South Dakota, Montana, and Minnesota.
(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—
The Operation Walking Shield program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) INDIAN TRIBE DEFINED.—In this section, the
term ‘‘Indian tribe’’ means any recognized Indian tribe in-
cluded 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
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to
customers 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
during fiscal year 1994 and if the purchase of such an
investment 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 De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 2005
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a pro-
curement appropriation 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
remain available for obligation beyond the current fiscal
year, except for funds appropriated for the Reserve for
Contingencies, which shall remain available until Sep-
tember 30, 2005: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund
during this or any prior or subsequent fiscal year shall
remain available until expended: Provided further, That
any funds appropriated or transferred to the Central Intel-
ligence Agency for agent operations 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 September 30, 2005.
SEC. 8043. Notwithstanding any other provision of
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands.
SEC. 8044. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, 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
Defense unless the entity, in expending the funds, com-
plies 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 per-
son 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 America, the Secretary shall determine, in accordance
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with
the Department of Defense.
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase
only American-made equipment and products, provided
that American-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 basis of an unsolicited proposal unless the head of the
activity 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 sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a
new product or idea of a specific concern is given fi-
nancial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to
improvements of equipment that is in development or pro-
duction, or contracts as to which a civilian official of the
Department 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—
(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 depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place
of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection
(a), on a case-by-case basis, if the Secretary determines,
and certifies 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 requirements of the department.
(c) This section does not apply to field operating
agencies funded within the National Foreign Intelligence
Program.
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 prop-
erty at Naval Air Facility, Adak, Alaska, pursuant to 10
U.S.C. 2667(f), for commercial, industrial or other pur-
poses: Provided, That notwithstanding any other provision
of law, the Secretary of the Navy may remove hazardous
materials from facilities, buildings, and structures at
Adak, Alaska, 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 pro-
grams in the specified amounts:
‘‘Aircraft Procurement, Army, 2003/2005’’,
$47,100,000;
‘‘Other 
Procurement, 
Army, 
2003/2005’’,
$8,000,000;
‘‘Shipbuilding and Conversion, Navy, 2002/
2006’’, $25,600,000;
‘‘Missile Procurement, Air Force, 2003/2005’’,
$27,000,000;
‘‘Other Procurement, Air Force, 2003/2005’’,
$30,000,000; and
‘‘Research, Development, Test and Evaluation,
Army, 2003/2004’’, $1,650,000.
SEC. 8050. None of the funds available in this Act
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard,
the Air National Guard, Army Reserve and Air Force Re-
serve for the purpose of applying any administratively im-
posed civilian personnel ceiling, freeze, or reduction on
military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
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 mem-
bers 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 perform-
ance of such duty, the members of the National Guard
shall be under State command and control: Provided fur-
ther, 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
activities and programs included within the National For-
eign Intelligence Program (NFIP), the Joint Military In-
telligence Program (JMIP), and the Tactical Intelligence
and Related Activities (TIARA) aggregate: Provided, That
nothing in this section authorizes deviation from estab-
lished Reserve and National Guard personnel and training
procedures.
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 as-
signed to military treatment facilities below the September
30, 2002 level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional 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 sec-
tion 1105 of title 31, United States Code, the Secretary
of Defense 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 four times the total cost for the planning, de-
sign, construction, and installation of equipment for the
renovation of wedge 1.
(b) ANNUAL ADJUSTMENT.—For purposes of apply-
ing the limitation in subsection (a), the Secretary shall
adjust the cost for the renovation of wedge 1 by any in-
crease or decrease in costs attributable to economic infla-
tion, based on the most recent economic assumptions
issued by the Office 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
Defense considers essential to provide a safe and se-
cure working environment.
(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 subsection (c) for the period covered by the cer-
tification; 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
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to
any other department or agency of the United States ex-
cept 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 department or agency of the United States except
as specifically 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
buildings may, during their period of availability, be trans-
ferred to other appropriations or funds of the Department
of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available
for the same general purposes, and for the same time pe-
riod, as the appropriation 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 domestic origin: Provided, That the Secretary of
the military department responsible for such procurement
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 ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire ca-
pability 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 Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased
as end item.
SEC. 8060. Notwithstanding any other provision of
law, funds available to the Department of Defense shall
be made available to provide transportation of medical
supplies and equipment, on a nonreimbursable basis, to
American Samoa, and funds available to the Department
of Defense shall be made available to provide transpor-
tation of medical supplies and equipment, on a non-
reimbursable basis, to the Indian Health Service when it
is in conjunction with a civil-military project.
SEC. 8061. None of the funds in this Act may be
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire
capability for national security purposes that is not avail-
able from United States manufacturers.
SEC. 8062. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eli-
gible to participate in any manufacturing extension pro-
gram financed by funds appropriated in this or 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 unemploy-
ment rate in excess of the national average rate of unem-
ployment as determined by the Secretary of Labor, shall
include a provision requiring the contractor to employ, for
the purpose of performing that portion of the contract in
such State that is not contiguous with another State, indi-
viduals 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 re-
sponsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or
provisions of Acts providing supplemental appropriations
for the Department 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
described in subsection (b) unless the congressional de-
fense committees, the Committee on International Rela-
tions of the House of Representatives, and the Committee
on Foreign 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
(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
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be trans-
ferred 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 pro-
vide 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 not exceed $15,000,000,000: Provided
further, That the exposure 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 For-
eign Relations of the Senate and the Committees on Ap-
propriations, 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 administrative expenses
of the Department of Defense that are attributable 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 De-
partment of Defense under this Act shall be obligated or
expended to pay a contractor under a contract with the
Department 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
excess of the normal salary paid by the contractor
to the employee; and
(2) such bonus is part of restructuring costs as-
sociated with a business combination.
SEC. 8068. (a) None of the funds appropriated or
otherwise made available in this Act may be used to trans-
port or provide for the transportation of chemical muni-
tions 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
subsection (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 per-
sonnel in connection with support and services for eligible
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States
Code.
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
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged
to any current appropriation account for the same purpose
as the expired or closed account if—
fiscal year and hereafter for Operation and Maintenance
or for the Defense Health Program for supervision and
administration costs for facilities maintenance and repair,
minor construction, or design projects may be obligated
when the reimbursable order is accepted by the performing
activity. For the purpose of this section, supervision and
administration costs include all in-house Government
costs.
SEC. 8072. (a) During the current fiscal year and
hereafter, the Chief of the National Guard Bureau may
permit the use of equipment of the National Guard Dis-
tance Learning Project by any person or entity on a space-
available, reimbursable basis. The Chief of the National
Guard Bureau shall establish the amount of reimburse-
ment for such use on a case-by-case basis.
(b) During the current fiscal year and hereafter,
amounts collected under the subsection (a) shall be cred-
ited to funds then available for the National Guard Dis-
tance Learning Project and shall be available to defray
the costs associated with the use of equipment of the Dis-
tance Learning Project under that subsection. Such funds
shall be available for such purpose without fiscal year limi-
tation.
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 Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of
Kaiserslautern such agreements will include the use of
United States anthracite as the base load energy for mu-
nicipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal serv-
ices, if provisions are included for the consideration 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 deliv-
ery to military forces for operational training, operational
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development,
prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction 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 Represent-
atives 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 procurement 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 produced in the United States for that coun-
try.
(b) Subsection (a) applies with respect to—
(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 entered into before such date if the option prices
are adjusted for any reason other than the applica-
tion 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 re-
ceived credible information from the Department of State
that the unit has committed a gross violation of human
rights, unless all necessary 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 re-
ferred to in subsection (a), full consideration is given to
all credible information available to the Department of
State relating to human rights violations by foreign secu-
rity forces.
(c) WAIVER.—The Secretary of Defense, after con-
sultation with the Secretary of State, may waive the prohi-
bition in subsection (a) if he determines that such waiver
is required by extraordinary circumstances.
(d) REPORT.—Not more than 15 days after the exer-
cise of any waiver under subsection (c), the Secretary of
Defense shall submit a report to the congressional defense
committees describing the extraordinary circumstances,
the purpose and duration of the training program, the
United States forces and the foreign security forces in-
volved in the training program, and the information relat-
ing to human rights violations that necessitates the waiv-
er.
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 equip-
ment of the Department of Defense, at no cost to the De-
partment of Defense, to Indian Health Service facilities
and to federally-qualified health centers (within the mean-
ing 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
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 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 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 De-
fense Appropriations Acts may be obligated or expended
for the purpose of performing repairs or maintenance to
military family housing units of the Department of De-
fense, including areas in such military family housing
units that may be used for the purpose of conducting offi-
cial Department of Defense business.
SEC. 8081. Notwithstanding any other provision of
law, funds appropriated in this Act under the heading
‘‘Research, Development, Test and Evaluation, Defense-
Wide’’ for any advanced concept technology demonstration
project may only be obligated 30 days after a report, in-
cluding a description of the project and its estimated an-
nual and total cost, has been provided in writing to the
congressional defense committees: Provided, That the Sec-
retary 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. Notwithstanding any other provision of
law, for the purpose of establishing all Department of De-
fense policies governing the provision of care provided by
and financed under the military health care system’s case
management program under 10 U.S.C. 1079(a)(17), the
term ‘‘custodial care’’ shall be defined as care designed
essentially to assist an individual in meeting the activities
of daily living and which does not require the supervision
of trained medical, nursing, paramedical or other specially
trained individuals: Provided, That the case management
program shall provide that members and retired members
of the military services, and their dependents and sur-
vivors, have access to all medically necessary health care
through the health care delivery system of the military
services regardless of the health care status of the person
seeking the health care: Provided further, That the case
management program shall be the primary obligor for pay-
ment of medically necessary services and shall not be con-
sidered as secondarily liable to title XIX of the Social Se-
curity Act, other welfare programs or charity based care.
SEC. 8083. During the current fiscal year and here-
after, refunds attributable to the use of the Government
travel card, refunds attributable to the use of the Govern-
ment Purchase Card and refunds attributable to official
Government travel arranged by Government Contracted
Travel Management Centers may be credited to operation
and maintenance accounts of the Department of Defense
which are current when the refunds are received.
SEC. 8084. (a) REGISTERING FINANCIAL MANAGE-
MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD
CHIEF INFORMATION OFFICER.—None of the funds ap-
propriated in this Act may be used for a mission critical
or mission essential financial management information
technology system (including a system funded by the de-
fense 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 Secretary of Defense may prescribe. A fi-
nancial management information technology system shall
be considered a mission critical or mission essential infor-
mation technology system as defined by the Under Sec-
retary of Defense (Comptroller).
(b) CERTIFICATIONS AS TO COMPLIANCE WITH FI-
NANCIAL 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 De-
fense until the Under Secretary of Defense (Comp-
troller) certifies, with respect to that milestone, that
the system is being developed and managed in ac-
cordance with the Department’s Financial Manage-
ment Modernization Plan. The Under Secretary of
Defense (Comptroller) may require additional certifi-
cations, as appropriate, with respect to any such sys-
tem.
(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 Mile-
stone A approval, Milestone B approval, or full rate
production approval, or their equivalent, within the
Department of Defense until the Chief Information
Officer certifies, 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 addi-
tional 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). Each
such notification shall include, at a minimum, the
funding baseline and milestone schedule for each
system covered by such a certification and confirma-
tion 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
calculation of the return on investment.
(D) Performance measures.
(E) An information assurance strategy
consistent with the Department’s Global Infor-
mation Grid.
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’
means the senior official of the Department of De-
fense designated by the Secretary of Defense pursu-
ant to section 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 Depart-
ment 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 de-
partment 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 author-
ity: 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. 8086. None of the funds provided in this Act
may be used to transfer to any nongovernmental entity
ammunition held by the Department of Defense that has
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or
‘‘armor-piercing incendiary-tracer (API–T)’’, except to an
entity performing demilitarization services for the Depart-
ment 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) ren-
dered incapable of reuse by the demilitarization process;
or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified 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 fra-
ternal non-profit organization as may be approved by the
Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
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 Colum-
bia, 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 installa-
tion is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall
apply to all alcoholic beverages only for military installa-
tions in States which are not contiguous with another
State: Provided further, That alcoholic beverages other
than wine and malt beverages, 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
Health Care Partnership, in order to maximize Federal
resources in the provision of health care services by feder-
ally-funded health agencies, applying telemedicine tech-
nologies. For the purpose of this partnership, Native Ha-
waiians shall have the same status as other Native Ameri-
cans who are eligible for the health care services provided
by the Indian Health Service.
(b) The Department of Defense is authorized to de-
velop a consultation policy, consistent with Executive
Order No. 13084 (issued May 14, 1998), with Native Ha-
waiians for the purpose of assuring maximum Native Ha-
waiian participation in the direction and administration of
governmental services so as to render those services more
responsive to the needs of the Native Hawaiian commu-
nity.
(c) For purposes of this section, the term ‘‘Native
Hawaiian’’ means any individual who is a descendant of
the aboriginal people who, prior to 1778, occupied and ex-
ercised 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.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8091. 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
authorized to transfer such funds to other activities of the
Federal Government: Provided further, That of the
amounts made available under the heading ‘‘Operation
and Maintenance, Army’’, up to $177,000,000 shall re-
main available until expended, and is available for the ac-
quisition of real property, construction, personal services,
and operations, for certain classified activities, and may
be transferred to other appropriations accounts of the De-
partment of Defense, and notwithstanding any other pro-
vision of law, such funds may be obligated to carry out
projects not otherwise authorized by law: Provided further,
That any funds transferred shall be merged with and
made available for the same time period and for the same
purposes as the appropriations to which transferred: Pro-
vided further, That the transfer authority provided in this
paragraph is in addition to any other transfer authority
provided to the Department of Defense.
SEC. 8092. Section 8106 of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of
the matter under subsection 101(b) of Public Law 104–
208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
tinue in effect to apply to disbursements that are made
by the Department of Defense in fiscal year 2004.
SEC. 8093. In addition to amounts provided in this
Act, $2,000,000 is hereby appropriated for ‘‘Defense
Health Program’’, to remain available for obligation until
expended: Provided, That notwithstanding any other pro-
vision of law, these funds shall be available only for a
grant to the Fisher House Foundation, Inc., only for the
construction and furnishing of additional Fisher Houses
to meet the needs of military family members when con-
fronted with the illness or hospitalization of an eligible
military beneficiary.
SEC. 8094. Amounts appropriated in title II are here-
by reduced by $172,500,000 to reflect savings attributable
to improvements in the management of professional sup-
port services, surveys and analysis, and engineering and
technical support contracted by the military departments,
as follows:
(1) From ‘‘Operation and Maintenance, Army’’,
$21,500,000.
100
(2) From ‘‘Operation and Maintenance, Navy’’,
$34,400,000.
(3) From ‘‘Operation and Maintenance, Marine
Corps’’, $4,300,000.
(4) From ‘‘Operation and Maintenance, Air
Force’’, $21,300,000.
(5) From ‘‘Operation and Maintenance, De-
fense-Wide’’, $91,000,000.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8095. Of the amounts appropriated in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’,
$899,502,000 shall be available until September 30, 2004,
to fund prior year shipbuilding cost increases: Provided,
That upon enactment of this Act, the Secretary of the
Navy shall transfer such funds to the following appropria-
tions in the amounts 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 Conver-
sion, Navy, 1996/04’’:
LPD–17 Amphibious Transport Dock Ship
Program, $150,300,000;
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1998/04’’:
101
New SSN, $81,060,000;
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1999/04’’:
DDG–51 
Destroyer 
Program,
$44,420,000;
New SSN, $166,978,000;
LPD–17 Amphibious Transport Dock Ship
Program $86,821,000;
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2000/04’’:
DDG–51 
Destroyer 
Program,
$69,460,000;
LPD–17 Amphibious Transport Dock Ship
Program $112,778,000; and
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2001/04’’:
DDG–51 
Destroyer 
Program,
$90,313,000; and
New SSN, $97,372,000.
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 limita-
tions in subsections (a) and (b) of that section: Provided,
102
That such payments shall be made from funds available
to the Department of the Navy for operation and mainte-
nance.
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 38 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 the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2004 until the enactment of the Intelligence Author-
ization Act for fiscal year 2004.
SEC. 8099. The total amount appropriated in title II
is hereby reduced by $320,000,000 to reduce cost growth
in information technology development, to be derived as
follows:
103
(1) From ‘‘Operation and Maintenance, Army’’,
$60,000,000.
(2) From ‘‘Operation and Maintenance, Navy’’,
$100,000,000.
(3) From ‘‘Operation and Maintenance, Air
Force’’, $100,000,000.
(4) From ‘‘Operation and Maintenance, De-
fense-Wide’’, $60,000,000.
SEC. 8100. None of the funds in this Act may be
used to initiate a new start program without prior notifica-
tion to the Office of Secretary of Defense and the congres-
sional defense committees.
SEC. 8101. The amounts appropriated in title II are
hereby reduced by $539,000,000 to reflect cash balance
and rate stabilization adjustments in Department of De-
fense Working Capital Funds, as follows:
(1) From ‘‘Operation and Maintenance, Army’’,
$107,000,000.
(2) From ‘‘Operation and Maintenance, Navy’’,
$45,000,000.
(3) From ‘‘Operation and Maintenance, Air
Force’’, $387,000,000.
SEC. 8102. The amount appropriated in title II for
‘‘Operation and Maintenance, Navy’’ is hereby reduced by
$96,000,000 to reduce excess funded carryover.
104
SEC. 8103. (a) In addition to the amounts provided
elsewhere in this Act, the amount of $5,500,000 is hereby
appropriated to the Department of Defense for ‘‘Oper-
ation and Maintenance, Army National Guard’’. Such
amount shall be made available to the Secretary of the
Army only to make a grant in the amount of $5,500,000
to the entity specified in subsection (b) to facilitate access
by veterans to opportunities for skilled employment in the
construction industry.
(b) The entity referred to in subsection (a) is the
Center for Military Recruitment, Assessment and Vet-
erans Employment, a nonprofit labor-management co-op-
eration committee provided for by section 302(c)(9) of the
Labor-Management Relations Act, 1947 (29 U.S.C.
186(c)(9)), for the purposes set forth in section 6(b) of
the Labor Management Cooperation Act of 1978 (29
U.S.C. 175a note).
SEC. 8104. (a) During the current fiscal year and
hereafter, funds available to the Secretary of a military
department for Operation and Maintenance may be used
for the purposes stated in subsection (b) to support chap-
lain-led programs to assist members of the Armed Forces
and their immediate family members in building and
maintaining a strong family structure.
105
(b) The purposes referred to in subsection (a) are
costs of transportation, food, lodging, supplies, fees, and
training materials for members of the Armed Forces and
their family members while participating in such pro-
grams, including participation at retreats and conferences.
SEC. 8105. FINANCING AND FIELDING OF KEY ARMY
CAPABILITIES.—The Department of Defense and the De-
partment of the Army shall make future budgetary and
programming plans to fully finance the Non-Line of Sight
(NLOS) Objective Force cannon and resupply vehicle pro-
gram in order to field this system in the 2008 timeframe.
As an interim capability to enhance Army lethality, surviv-
ability, and mobility for light and medium forces before
complete fielding of the Objective Force, the Army shall
ensure that budgetary and programmatic plans will pro-
vide for no fewer than six Stryker Brigade Combat Teams
to be fielded between 2003 and 2008.
SEC. 8106. (a) MANAGEMENT OF CHEMICAL DEMILI-
TARIZATION ACTIVITIES AT BLUEGRASS ARMY DEPOT,
KENTUCKY.—If a technology other than the baseline in-
cineration program is selected for the destruction of lethal
chemical munitions pursuant to section 142 of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105–261; 50 U.S.C. 1521 note),
the program manager for the Assembled Chemical Weap-
106
ons Assessment shall be responsible for management of
the construction, operation, and closure, and any con-
tracting relating thereto, of chemical demilitarization ac-
tivities at Bluegrass Army Depot, Kentucky, including
management of the pilot-scale facility phase of the alter-
native technology.
(b) MANAGEMENT OF CHEMICAL DEMILITARIZATION
ACTIVITIES AT PUEBLO DEPOT, COLORADO.—The pro-
gram manager for the Assembled Chemical Weapons As-
sessment shall be responsible for management of the con-
struction, operation, and closure, and any contracting re-
lating thereto, of chemical demilitarization activities at
Pueblo Army Depot, Colorado, including management of
the pilot-scale facility phase of the alternative technology
selected for the destruction of lethal chemical munitions.
SEC. 8107. In addition to the amounts appropriated
or otherwise made available in this Act, $6,500,000, to
remain available until September 30, 2004, is hereby ap-
propriated to the Department of Defense: Provided, That
the Secretary of Defense shall make grants in the amount
of $4,000,000 to the American Red Cross for Armed
Forces Emergency Services; and $2,500,000 to the In-
trepid Sea-Air-Space Foundation.
SEC. 8108. None of the funds appropriated in this
Act under the heading ‘‘Overseas Contingency Operations
107
Transfer Fund’’ may be transferred or obligated for De-
partment of Defense expenses not directly related to the
conduct of overseas contingencies: Provided, That the Sec-
retary of Defense shall submit a report no later than 30
days after the end of each fiscal quarter to the Committees
on Appropriations of the Senate and House of Representa-
tives that details any transfer of funds from the ‘‘Overseas
Contingency Operations Transfer Fund’’: Provided fur-
ther, 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. 8109. 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-
building and Conversion, Navy’’ appropriations in any
prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
SEC. 8110. None of the funds in this Act may be
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a
missile defense system.
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SEC. 8111. 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, ‘‘Oper-
ation 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 International Security Services, Albany, New York
in the amount of $29,323.35, plus accrued interest, if any.
SEC. 8112. 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
Defense Counter-terrorism Fellowship Program, to fund
the education and training of foreign military officers,
ministry of defense civilians, and other foreign security of-
ficials, to include United States military officers and civil-
ian officials whose participation directly contributes to the
education and training of these foreign students.
SEC. 8113. (a) EXCHANGE REQUIRED.—In exchange
for the private property described in subsection (b), the
Secretary of the Interior shall convey to the Veterans
Home of California—Barstow, Veterans of Foreign Wars
Post #385E (in this section referred to as the ‘‘recipi-
ent’’), all right, title, and interest of the United States
in and to a parcel of real property consisting of approxi-
mately one acre in the Mojave National Preserve and des-
109
ignated (by section 8137 of the Department of Defense
Appropriations Act, 2002 (Public Law 107–117; 115 Stat.
2278)) as a national memorial commemorating United
States participation in World War I and honoring the
American veterans of that war. Notwithstanding the con-
veyance of the property under this subsection, the Sec-
retary shall continue to carry out the responsibilities of
the Secretary under such section 8137.
(b) CONSIDERATION.—As consideration for the prop-
erty to be conveyed by the Secretary under subsection (a),
Mr. and Mrs. Henry Sandoz of Mountain Pass, California,
have agreed to convey to the Secretary a parcel of real
property consisting of approximately five acres, identified
as parcel APN 569–051–44, and located in the west 1⁄2
of the northeast 1⁄4 of the northwest 1⁄4 of the northwest
1⁄4 of section 11, township 14 north, range 15 east, San
Bernardino base and meridian.
(c) EQUAL VALUE EXCHANGE; APPRAISAL.—The
values of the properties to be exchanged under this section
shall be equal or equalized as provided in subsection (d).
The value of the properties shall be determined through
an appraisal performed by a qualified appraiser in con-
formance with the Uniform Appraisal Standards for Fed-
eral Land Acquisitions (Department of Justice, December
2000).
110
(d) CASH EQUALIZATION.—Any difference in the
value of the properties to be exchanged under this section
shall be equalized through the making of a cash equali-
zation payment. The Secretary shall deposit any cash
equalization payment received by the Secretary under this
subsection in the Land and Water Conservation Fund.
(e) REVERSIONARY CLAUSE.—The conveyance under
subsection (a) shall be subject to the condition that the
recipient maintain the conveyed property as a memorial
commemorating United States participation in World War
I and honoring the American veterans of that war. If the
Secretary determines that the conveyed property is no
longer being maintained as a war memorial, the property
shall revert to the ownership of the United States.
(f) BOUNDARY ADJUSTMENT; ADMINISTRATION OF
ACQUIRED LAND.—The boundaries of the Mojave Na-
tional Preserve shall be adjusted to reflect the land ex-
change required by this section. The property acquired by
the Secretary under this section shall become part of the
Mojave National Preserve and be administered in accord-
ance with the laws, rules, and regulations generally appli-
cable to the Mojave National Preserve.
SEC. 8114. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53d Weather Reconnaissance Squad-
111
ron of the Air Force Reserve, if such action would reduce
the WC–130 Weather Reconnaissance mission below the
levels funded in this Act.
SEC. 8115. The Secretary of the Air Force shall con-
vey, without consideration, to the Inland Valley Develop-
ment Agency all right, title, and interest of the United
States in and to certain parcels of real property, including
improvements thereon, located in San Bernardino, Cali-
fornia, that consist of approximately 39 acres and are
leased, as of June 1, 2003, by the Secretary to the De-
fense Finance and Accounting Service. The conveyance
shall be subject to the condition that the Inland Valley
Development Agency and the Director of the Defense Fi-
nance and Accounting Service enter into a lease-back
agreement, acceptable to the Director, for premises re-
quired by the Director for support operations conducted
by the Defense Finance and Accounting Service.
SEC. 8116. Notwithstanding the provisions of section
2401 of title 10, United States Code, the Secretary of the
Navy is authorized to enter into a contract for the charter
for a period through fiscal year 2008, of the vessel, RV
CORY CHOUEST (United States Official Number
933435) in support of the Surveillance Towed Array Sen-
sor (SURTASS) program: Provided, That funding for this
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lease shall be from within funds provided in this Act and
future appropriations Acts.
SEC. 8117. In addition to the amounts appropriated
or otherwise made available elsewhere in this Act, and not-
withstanding any other provision of law, $20,000,000 is
hereby appropriated to ‘‘Operation and Maintenance,
Army’’, to remain available until September 30, 2004, to
be available only for a grant in the amount of $20,000,000
to the Silver Valley Unified School District, Silver Valley,
California, for the purpose of school construction at Fort
Irwin, California.
SEC. 8118. Amounts appropriated in title II are here-
by reduced by $294,000,000 to reflect savings attributable
to efficiencies and management improvements in the fund-
ing of miscellaneous or other contracts in the military de-
partments, as follows:
(1) From ‘‘Operation and Maintenance, Army,’’
$27,000,000;
(2) From ‘‘Operation and Maintenance, Navy,’’
$50,000,000; and
(3) From ‘‘Operation and Maintenance, Air
Force’’, $217,000,000.
SEC. 8119. The amount appropriated in title II for
‘‘Operation and Maintenance, Air Force’’ is hereby re-
duced by $600,000,000 to reflect cash balance and rate