H. R. 2658—7
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $396,018,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made avail-
able 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 avail-
able until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the
Navy, or for similar purposes, transfer the funds made available
by this 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 appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation 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, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Air Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with and
to be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation.
H. R. 2658—8
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $24,081,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environ-
mental 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 appropriation to other appropriations made available to
the Department of Defense, to be merged with and to be available
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary 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, $284,619,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made avail-
able 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.
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 sections 401, 402, 404, 2547, and
2561 of title 10, United States Code), $59,000,000, to remain avail-
able until September 30, 2005.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for facili-
tating 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 compo-
nents, and weapon-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 expertise, and for defense
and military contacts, $450,800,000, to remain available until Sep-
tember 30, 2006: Provided, That of the amounts provided under
this heading, $10,000,000 shall be available only to support the
H. R. 2658—9
dismantling and disposal of nuclear submarines, submarine reactor
components, and warheads in the Russian Far East.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized 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
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,154,035,000, to
remain available for obligation until September 30, 2006.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized 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
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,505,462,000, 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 ord-
nance, 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, 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, $1,857,054,000, to
remain available for obligation 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.
H. R. 2658—10
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,387,759,000, 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, notwithstanding price limitations applicable to pas-
senger vehicles 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
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,774,452,000, to
remain available for obligation until September 30, 2006.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; 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
Government 
and 
contractor-owned 
equipment 
layaway,
$9,110,848,000, to remain available for obligation until September
30, 2006.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, 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 construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
H. R. 2658—11
machine tools in public and private plants; reserve plant and
Government 
and 
contractor-owned 
equipment 
layaway,
$2,095,784,000, to remain available for obligation until September
30, 2006.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $934,905,000, to
remain available for obligation until September 30, 2006.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and 
Government 
and 
contractor-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 therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program (AP), $1,186,564,000;
NSSN, $1,511,935,000;
NSSN (AP), $827,172,000;
SSGN, $930,700,000;
SSGN (AP), $236,600,000;
CVN Refuelings (AP), $232,832,000;
SSN Submarine Refuelings, $450,000,000;
SSN Submarine Refuelings (AP), $10,351,000;
SSBN Submarine Refuelings (AP), $105,800,000;
DDG–51 Destroyer, $3,218,311,000;
LPD–17, $1,192,034,000;
LPD–17 (AP), $135,000,000;
LHD–8, $355,006,000;
LCAC Landing Craft Air Cushion, $73,087,000;
Mine Hunter SWATH, $4,500,000;
Prior year shipbuilding costs, $635,502,000;
Service Craft, $23,480,000; and
For outfitting, post delivery, conversions, and first destina-
tion transportation, $338,749,000.
In all: $11,467,623,000, to remain available for obligation until
September 30, 2008: Provided, That additional obligations 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 construc-
tion or conversion of any naval vessel to be constructed in shipyards
H. R. 2658—12
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided fur-
ther, 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 7 vehicles required for phys-
ical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $200,000 per
vehicle; 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
Government 
and 
contractor-owned 
equipment 
layaway,
$4,941,098,000, to remain available for obligation until September
30, 2006.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, 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; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$1,165,727,000, to remain available for obligation until September
30, 2006.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; 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 Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $12,086,201,000,
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, including spare parts
and accessories therefor, ground handling equipment, and training
H. R. 2658—13
devices; expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of struc-
tures, 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, $4,165,633,000, 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; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,262,725,000, to
remain available for obligation until September 30, 2006.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only, and the purchase
of 1 vehicle required for physical security of personnel, notwith-
standing price limitations applicable to passenger vehicles but not
to exceed $200,000 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 struc-
tures, 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,
$11,558,799,000, to remain available for obligation until September
30, 2006.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only,
including not to exceed 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 $200,000 per vehicle; expan-
sion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of
land for the foregoing purposes, and such lands and interests
H. R. 2658—14
therein, may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $3,709,926,000, to remain 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 procurement for the reserve
components of the Armed Forces, $400,000,000, to remain available
for obligation until September 30, 2006: Provided, That the Chiefs
of the Reserve and National Guard components shall, not later
than 30 days after the enactment of this Act, individually submit
to the congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard compo-
nent.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $78,016,000,
to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$10,363,941,000, to remain available for obligation until September
30, 2005: Provided, That of the amounts provided under this
heading, $8,500,000 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 scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$15,146,383,000, to remain available for obligation until September
30, 2005: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces: Provided
further, That funds appropriated in this paragraph shall be avail-
able for the Cobra Judy program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$20,500,984,000, to remain available for obligation until September
30, 2005.
H. R. 2658—15
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, 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,
$18,900,715,000, 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 Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in
connection therewith, $305,861,000, to remain available for obliga-
tion until September 30, 2005.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,641,507,000.
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 ship-
board 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 procurement may waive the restric-
tions in the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of Rep-
resentatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a
timely basis and that such an acquisition must be made in order
to acquire capability for national security purposes: Provided fur-
ther, That, notwithstanding any other provision of law, $6,500,000
of the funds available under this heading shall be available in
H. R. 2658—16
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, $15,730,013,000, of which $14,914,816,000 shall be for Oper-
ation and maintenance, of which not to exceed 2 percent shall
remain available until September 30, 2005, and of which
$7,420,972,000 shall be available for contracts entered into under
the TRICARE program; of which $328,826,000, to remain available
for obligation until September 30, 2006, shall be for Procurement;
and of which $486,371,000, 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 provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,500,261,000,
of which $1,169,168,000 shall be for Operation and maintenance
to remain available until September 30, 2005; $79,212,000 shall
be for Procurement to remain available until September 30, 2006;
$251,881,000 shall be for Research, development, test and evalua-
tion to remain available until September 30, 2005; and no less
than $132,677,000 may be for the Chemical Stockpile Emergency
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: Provided, That notwithstanding any other
provision of law, $10,000,000 of the funds available under this
heading shall be expended only to fund Chemical Stockpile Emer-
gency Preparedness Program evacuation route improvements in
Calhoun County, Alabama.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United
States Code; for Operation and maintenance; for Procurement; and
for Research, development, test and evaluation, $835,616,000: Pro-
vided, That the funds appropriated under this heading shall be
available for obligation for the same time period and for the same
purpose as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
H. R. 2658—17
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority contained
elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act
of 1978, as amended, $162,449,000, of which $160,049,000 shall
be for Operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
expended on the approval or authority of the Inspector General,
and payments may be made on the Inspector General’s certificate
of necessity for confidential military purposes; and of which
$300,000, to remain available until September 30, 2005, shall be
for Research, development, test and evaluation; and of which
$2,100,000, to remain available until September 30, 2006, shall
be for Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND
For payment to the Central Intelligence Agency Retirement
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 Community Manage-
ment Account, $175,113,000, 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, $44,300,000 shall be transferred to the Department
of Justice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence responsibil-
ities, and of the said amount, $1,500,000 for Procurement shall
remain available until September 30, 2006 and $1,000,000 for
Research, development, 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 enforcement authorities
and the intelligence community by conducting document and com-
puter exploitation of materials collected in Federal, State, and local
law enforcement activity associated with counter-drug, counter-ter-
rorism, and national security investigations and operations.
H. R. 2658—18
PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND
ENVIRONMENTAL RESTORATION FUND
For payment to Kaho’olawe Island Conveyance, Remediation,
and Environmental Restoration Fund, as authorized by law,
$18,430,000, to remain available until expended.
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 expended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment 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 indirect 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 percentage 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 Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign 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 appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $2,100,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction)
between such appropriations or funds or any subdivision thereof,
to be merged with and to be available for the same purposes,
H. R. 2658—19
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 requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Sec-
retary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for higher
priority items, based on 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 authority provided in this section
must be made prior to June 30, 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 disbursements to be made from such funds: Provided,
That transfers 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’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the 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 Secretary of Defense has notified the Congress
prior to any such obligation.
SEC. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.
SEC. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that 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, unless
the congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided, That
no part of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the limits
of the Government’s liability: Provided further, That no part of
any appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed
H. R. 2658—20
$500,000,000 unless specifically provided in this Act: Provided fur-
ther, That no multiyear procurement contract can be terminated
without 10-day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to deter-
mine 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;
Tactical Tomahawk missile; and
Virginia Class submarine:
Provided, That the Secretary of the Navy may not enter into a
multiyear contract for the procurement of more than one Virginia
Class submarine per year.
SEC. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appro-
priated 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
chapter 20 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Terri-
tories of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as authorized
by Public Law 99–239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern
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 managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 2005 budget request for the Department
of Defense as well as all justification material and other documenta-
tion 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. None of the funds appropriated in this or any
other Act may be used to initiate a new installation overseas
without 30-day advance notification to the Committees on Appro-
priations.
H. R. 2658—21
SEC. 8012. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8013. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving benefits
paid by the Secretary of Veterans Affairs from the Department
of Defense Education Benefits Fund when time spent as a full-
time student is credited toward completion of a service commitment:
Provided, That this subsection shall not apply to those members
who have reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to active compo-
nents of the Army.
SEC. 8014. (a) LIMITATION
ON CONVERSION
TO CONTRACTOR
PERFORMANCE.—None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity or
function of the Department of Defense that, on or after the date
of the enactment of this Act, is performed by more than 10 Depart-
ment of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function; and
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or
(B) $10,000,000.
(b) EXCEPTIONS.—(1) This section and subsections (a), (b), and
(c) of section 2461 of title 10, United States Code, shall not apply
to a commercial or industrial type function of the Department
of Defense that—
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with
that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe,
as defined in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of
title 10, United States Code.
(c) TREATMENT OF CONVERSION.—The conversion of any activity
or function of the Department of Defense under the authority pro-
vided by this section shall be credited toward any competitive
or outsourcing goal, target, or measurement that may be established
by statute, regulation, or policy and is deemed to be awarded
H. R. 2658—22
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition
or outsourcing of commercial activities.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2301 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
SEC. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring chain
are manufactured in the United States from components which
are substantially manufactured in the United States: Provided,
That for the purpose of this section manufactured will include
cutting, heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided further,
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost
of the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order
to acquire capability for national security purposes.
SEC. 8017. None of the funds appropriated by this Act available
for the Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) or TRICARE shall be available for the
reimbursement of any health care provider for inpatient mental
health service for care received when a patient is referred to a
provider of inpatient mental health care or residential treatment
care by a medical or health care professional having an economic
interest in the facility to which the patient is referred: Provided,
That this limitation does not apply in the case of inpatient mental
health services provided under the program for persons with disabil-
ities under subsection (d) of section 1079 of title 10, United States
Code, provided as partial hospital care, or provided pursuant to
a waiver authorized by the Secretary of Defense because of medical
or psychological circumstances of the patient that are confirmed
by a health professional who is not a Federal employee after a
review, pursuant to rules prescribed by the Secretary, which takes
into account the appropriate level of care for the patient, the inten-
sity of services required by the patient, and the availability of
that care.
SEC. 8018. Notwithstanding any other provision of law, during
the current fiscal year, the Secretary of Defense may, by executive
agreement, establish with host nation governments in NATO
H. R. 2658—23
member states a separate account into which such residual value
amounts negotiated in the return of United States military installa-
tions in NATO member states may be deposited, in the currency
of the host nation, in lieu of direct monetary transfers to the
United States Treasury: Provided, That such credits may be utilized
only for the construction of facilities to support United States mili-
tary forces in that host nation, or such real property maintenance
and base operating costs that are currently executed through mone-
tary transfers to such host nations: Provided further, That the
Department of Defense’s budget submission for fiscal year 2005
shall identify such sums anticipated in residual value settlements,
and identify such construction, real property maintenance or base
operating costs that shall be funded by the host nation through
such credits: Provided further, That all military construction
projects to be executed from such accounts must be previously
approved in a prior Act of Congress: Provided further, That each
such executive agreement with a NATO member host nation shall
be reported to the congressional defense committees, the Committee
on International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate 30 days prior
to the conclusion and endorsement of any such agreement estab-
lished under this provision.
SEC. 8019. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols.
SEC. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8021. In addition to the funds provided elsewhere in
this Act, $8,000,000 is appropriated only for incentive payments
authorized by Section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in 25 U.S.C. 1544 or a small business
owned and controlled by an individual or individuals defined under
25 U.S.C. 4221(9) shall be considered a contractor for the purposes
of being allowed additional compensation under section 504 of the
Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves the
expenditure of funds appropriated by an Act making Appropriations
for the Department of Defense with respect to any fiscal year:
Provided further, That notwithstanding 41 U.S.C. 430, this section
shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract
at any tier for acquisition of commercial items produced or manufac-
tured, 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 or individuals defined under 25 U.S.C. 4221(9): Pro-
vided further, That businesses certified as 8(a) by the Small Busi-
ness Administration pursuant to section 8(a)(15) of Public Law
85–536, as amended, shall have the same status as other program
H. R. 2658—24
participants under section 602 of Public Law 100–656, 102 Stat.
3825 (Business Opportunity Development Reform Act of 1988) for
purposes of contracting with agencies of the Department of Defense.
SEC. 8022. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the provisions
of OMB Circular A–76 if the study being performed exceeds a
period of 24 months after initiation of such study with respect
to a single function activity or 30 months after initiation of such
study for a multi-function activity.
SEC. 8023. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national or
international political or psychological activities.
SEC. 8024. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized
for the Secretary of Veterans Affairs by section 7455 of title 38,
United States Code.
SEC. 8025. (a) Of the funds for the procurement of supplies
or services appropriated by this Act and hereafter, qualified non-
profit agencies for the blind or other severely handicapped shall
be afforded the maximum practicable opportunity to participate
as subcontractors and suppliers in the performance of contracts
let by the Department of Defense.
(b) During the current fiscal year and hereafter, a business
concern which has negotiated with a military service or defense
agency a subcontracting plan for the participation 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 subcon-
tracting goal for any purchases made from qualified nonprofit agen-
cies for the blind or other severely handicapped.
(c) For the purpose of this section, the phrase ‘‘qualified non-
profit agency for the blind or other severely handicapped’’ means
a nonprofit agency for the blind or other severely handicapped
that has been approved by the Committee for the Purchase from
the Blind and Other Severely Handicapped under the Javits-
Wagner-O’Day Act (41 U.S.C. 46–48).
SEC. 8026. During the current fiscal year, net receipts pursuant
to collections from third party payers pursuant to section 1095
of title 10, United States Code, shall be made available to the
local facility of the uniformed services responsible for the collections
and shall be over and above the facility’s direct budget amount.
SEC. 8027. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
(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 ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
H. R. 2658—25
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $10,540,000 shall be available from ‘‘Aircraft Procure-
ment, 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 Secretary of the Air Force to the ‘‘Operation
and Maintenance, 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 Corporation. Funds
so transferred shall be available for the same period as the appro-
priation to which transferred.
(c) The Secretary of the Air Force should waive reimbursement
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 Defense (depart-
ment) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs
and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance 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 construction of new buildings, for
payment of cost sharing for projects funded by Government grants,
for absorption of contract overruns, or for certain charitable con-
tributions, 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: Provided, 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 submission of
the department’s fiscal year 2005 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year.
H. R. 2658—26
(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 facility 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 restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8031. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8032. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8033. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in para-
graph (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 American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
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
H. R. 2658—27
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, provided in section 2865 of title 10, United States
Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8035. Amounts deposited during the current fiscal 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 available until transferred by the
Secretary of Defense to current applicable appropriations or funds
of the Department of Defense under the terms and conditions
specified by 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B),
to be merged with and to be available for the same time period
and the same purposes as the appropriation to which 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 requested in the budget for appropria-
tion for that fiscal year for salaries and expenses related to adminis-
trative activities 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 section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8039. (a) IN GENERAL.—Notwithstanding any other provi-
sion 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 Min-
nesota relocatable military 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
H. R. 2658—28
Shield Program on behalf of Indian tribes located in the States
of North Dakota, 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 sub-
section (b).
(d) INDIAN TRIBE DEFINED.—In this section, the term ‘‘Indian
tribe’’ means any recognized Indian tribe included on the current
list published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public Law
103–454; 108 Stat. 4792; 25 U.S.C. 479a–1).
SEC. 8040. During the current fiscal year, appropriations 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 invest-
ment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been charge-
able 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 Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2005 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budg-
eted 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 appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2005: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence 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 Intelligence Agency for advanced research and develop-
ment acquisition, for agent operations, and for covert action pro-
grams 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 Intelligence Agency
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
H. R. 2658—29
SEC. 8044. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, 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 information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
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, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from con-
tracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department 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 serv-
ices entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procure-
ment determines—
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial 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 production, 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 department who is transferred or
H. R. 2658—56
of this section, any other cost of dismantling the submarine, and
the cost of any recycling or disposal of equipment and materiel
removed from the submarine before transfer.
(d) Subsection (d) of section 7306 of title 10, United States
Code, does not apply to the transfer required under subsection
(a).
SEC. 8146. FISCAL YEAR 2004 EXEMPTION FOR CERTAIN MEM-
BERS OF THE ARMED FORCES FROM REQUIREMENT TO PAY SUBSIST-
ENCE CHARGES WHILE HOSPITALIZED. (a) IN GENERAL.—Section
1075 of title 10, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘When’’; and
(2) by striking the second sentence and inserting the fol-
lowing:
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to any of the
following:
‘‘(1) An enlisted member, or former enlisted member, of
a uniformed service who is entitled to retired or retainer pay
or equivalent pay.
‘‘(2) An officer or former officer of a uniformed service,
or an enlisted member or former enlisted member of a uni-
formed service not described in paragraph (1), who is hospital-
ized under section 1074 because of an injury incurred (as deter-
mined under criteria prescribed by the Secretary of Defense)—
‘‘(A) as a direct result of armed conflict;
‘‘(B) while engaged in hazardous service;
‘‘(C) in the performance of duty under conditions simu-
lating war; or
‘‘(D) through an instrumentality of war.
‘‘(c) APPLICABILITY.—The exception provided in paragraph (2)
of subsection (b) shall apply only during fiscal year 2004.’’.
(b) EFFECTIVE DATE.—Subsections (b) and (c) of section 1075
of title 10, United States Code, as added by subsection (a), shall
take effect on October 1, 2003, and apply with respect to injuries
incurred before, on, or after that date.
This Act may be cited as the ‘‘Department of Defense Appropria-
tions Act, 2004’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.