Department of Defense Appropriations Act, 2004
PL 108-87 (H.R.2658), enacted 09/30/2003

117 STAT. 1054
PUBLIC LAW 108–87—SEPT. 30, 2003
Public Law 108–87
108th Congress
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 Representatives 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 functions 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 station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty, (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; and for payments pursuant to section 156 of Public Law
97–377, as amended (42 U.S.C. 402 note), and to the Department
of Defense Military Retirement Fund, $28,247,667,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members
of the Reserve provided 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 Department
of Defense Military Retirement Fund, $23,217,298,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except
Department of
Defense
Appropriations
Act, 2004.
Sept. 30, 2003
[H.R. 2658]
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117 STAT. 1055
PUBLIC LAW 108–87—SEPT. 30, 2003
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retire-
ment Fund, $8,971,897,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; and for payments pursuant to section 156 of Public Law
97–377, as amended (42 U.S.C. 402 note), and to the Department
of Defense Military Retirement Fund, $22,910,868,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve 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 authorized by section 16131
of title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $3,568,725,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Reserve Officers’ Training Corps, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $2,002,727,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $571,444,000.
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117 STAT. 1056
PUBLIC LAW 108–87—SEPT. 30, 2003
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 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 per-
forming 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
Air Reserve Officers’ Training Corps, and expenses authorized by
section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,288,088,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
while on duty under section 10211, 10302, 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 undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $5,500,369,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National 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, $2,174,598,000.
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 authorized by law;
and not to exceed $11,034,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority
of the Secretary of the Army, and payments may be made on
his certificate of necessity for confidential military purposes,
$25,029,346,000: Provided, That of the funds appropriated in this
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117 STAT. 1057
PUBLIC LAW 108–87—SEPT. 30, 2003
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 pay-
ments may be made on his certificate of necessity for confidential
military purposes, $28,146,658,000.
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, $3,440,323,000.
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 expended on the approval or authority
of the Secretary of the Air Force, and payments may be made
on his certificate of necessity for confidential military purposes,
$26,904,731,000: Provided, That notwithstanding any other provi-
sion of law, that of the funds available under this heading, $750,000
shall only be available to the Secretary of the Air Force for a
grant to Florida Memorial College for the purpose of funding
minority aviation training.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law, $16,226,841,000, of which not to exceed $30,000,000
may be available for the CINC initiative fund; and of which not
to exceed $40,000,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or authority of
the Secretary of Defense, and payments may be made on his certifi-
cate of necessity for confidential military 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 consoli-
dation of a budget or appropriations liaison office of the Office
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117 STAT. 1058
PUBLIC LAW 108–87—SEPT. 30, 2003
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 legislative liaison office: Provided further,
That $4,700,000, to remain available until expended, is available
only for expenses 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 purchased with operation and mainte-
nance funds shall not apply to the funds described in the preceding
proviso: Provided 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, organization, and
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,998,609,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,172,921,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $173,952,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications, $2,179,388,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger
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117 STAT. 1059
PUBLIC LAW 108–87—SEPT. 30, 2003
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $4,340,581,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National Guard,
including medical and hospital treatment and related expenses
in non-Federal hospitals; maintenance, operation, repair, and other
necessary expenses of facilities for the training and administration
of the Air National Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of
things, hire of passenger motor vehicles; supplies, materials, and
equipment, as authorized by law for the Air National 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 regulations when specifi-
cally 
authorized 
by 
the 
Chief, 
National 
Guard 
Bureau,
$4,431,216,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contingency Oper-
ations by United States military forces, $5,000,000, to remain avail-
able until expended: Provided, That the Secretary of Defense may
transfer these funds only to military personnel accounts; operation
and maintenance accounts within this title; the Defense Health
Program appropriation; procurement accounts; research, develop-
ment, 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 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 pur-
poses provided herein, such amounts may be transferred back to
this appropriation: Provided further, That the transfer authority
provided in this paragraph is in addition to any other transfer
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.
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117 STAT. 1060
PUBLIC LAW 108–87—SEPT. 30, 2003
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.
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117 STAT. 1061
PUBLIC LAW 108–87—SEPT. 30, 2003
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
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117 STAT. 1062
PUBLIC LAW 108–87—SEPT. 30, 2003
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.
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117 STAT. 1063
PUBLIC LAW 108–87—SEPT. 30, 2003
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
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117 STAT. 1064
PUBLIC LAW 108–87—SEPT. 30, 2003
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
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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
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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
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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.
Deadline.
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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
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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
Alabama.
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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.
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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,
10 USC 1584
note.
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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
10 USC 2306b
note.
Notification.
Notification.
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$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.
Notification.
10 USC 401 note.
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PUBLIC LAW 108–87—SEPT. 30, 2003
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
Applicability.
Lobbying.
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117 STAT. 1075
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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
10 USC 2687
note.
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117 STAT. 1076
PUBLIC LAW 108–87—SEPT. 30, 2003
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
Applicability.
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117 STAT. 1077
PUBLIC LAW 108–87—SEPT. 30, 2003
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
10 USC 2410d
note.
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117 STAT. 1078
PUBLIC LAW 108–87—SEPT. 30, 2003
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.
Reports.
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(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $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
Reports.
41 USC 10b–2.
Applicability.
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117 STAT. 1080
PUBLIC LAW 108–87—SEPT. 30, 2003
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
State listing.
President.
10 USC 221 note.
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117 STAT. 1081
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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.
50 USC 403u
note.
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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
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117 STAT. 1083
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reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that head-
quarters.
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate
that the granting of the waiver will reduce the personnel require-
ments 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 property at Naval Air Facility,
Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, indus-
trial or other purposes: 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 programs in the specified amounts:
‘‘Shipbuilding 
and 
Conversion, 
Navy, 
2001/2005’’,
$3,835,000;
‘‘Shipbuilding 
and 
Conversion, 
Navy, 
2002/2006’’,
$9,336,000;
‘‘Aircraft Procurement, Army, 2003/2005’’, $47,100,000;
‘‘Weapons and Tracked Combat Vehicles, Army, 2003/2005’’,
$30,000,000;
‘‘Procurement 
of 
Ammunition, 
Army, 
2003/2005’’,
$36,000,000;
‘‘Other Procurement, Army, 2003/2005’’, $8,000,000;
‘‘Other Procurement, Air Force, 2003/2005’’, $10,000,000;
‘‘Procurement, Defense-Wide, 2003/2005’’, $48,000,000;
‘‘Research, Development, Test and Evaluation, Army, 2003/
2004’’, $2,989,000;
‘‘Research, Development, Test and Evaluation, Defense-
Wide, 2003/2004’’, $25,000,000; and
‘‘National Defense Sealift Fund’’, $105,300,000.
SEC. 8050. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion 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 otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of North Korea unless specifi-
cally appropriated for that purpose.
SEC. 8052. During the current fiscal year, funds appropriated
in this Act are available to compensate members of the National
Guard for duty performed pursuant to a plan submitted by a Gov-
ernor of a State and approved by the Secretary of Defense under
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117 STAT. 1084
PUBLIC LAW 108–87—SEPT. 30, 2003
section 112 of title 32, United States Code: Provided, That during
the performance of such duty, the members of the National Guard
shall be under State command and control: Provided further, That
such duty shall be treated as full-time National Guard duty for
purposes of sections 12602(a)(2) and (b)(2) of title 10, United States
Code.
SEC. 8053. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant 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 counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Foreign Intelligence
Program (NFIP), the Joint Military Intelligence Program (JMIP),
and the Tactical Intelligence and Related Activities (TIARA) aggre-
gate: Provided, That nothing in this section authorizes deviation
from established 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 assigned to military treatment facili-
ties below the September 30, 2002 level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and
capitation-based budgeting.
SEC. 8055. (a) LIMITATION ON PENTAGON RENOVATION COSTS.—
Not later than the date each year on which the President submits
to Congress the budget under section 1105 of title 31, United
States Code, the Secretary of Defense shall submit to Congress
a certification that the total cost for the planning, design, construc-
tion, 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, design, construc-
tion, and installation of equipment for the renovation of wedge
1.
(b) ANNUAL ADJUSTMENT.—For purposes of applying the limita-
tion in subsection (a), the Secretary shall adjust the cost for the
renovation of wedge 1 by any increase or decrease in costs attrib-
utable to economic inflation, 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 Sep-
tember 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
10 USC 2674
note.
Deadline.
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117 STAT. 1085
PUBLIC LAW 108–87—SEPT. 30, 2003
(3) any increase in costs attributable to additional security
requirements that the Secretary of Defense considers essential
to provide a safe and secure working environment.
(d) CERTIFICATION COST REPORTS.—As part of the annual cer-
tification under subsection (a), the Secretary shall report the pro-
jected cost (as of the time of the certification) 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 certification; and
(2) the repair and reconstruction of wedges 1 and 2 in
response to the terrorist attack on the Pentagon that occurred
on September 11, 2001.
(e) DURATION OF CERTIFICATION REQUIREMENT.—The require-
ment 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 environ-
mental 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 interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
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 appropria-
tions 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 transferred 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 period,
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: Pro-
vided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions 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 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
items.
50 USC 403f
note.
10 USC 374 note.
Applicability.
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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
transportation 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 manufactured in the
United States, unless the Secretary of Defense 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 available from United States manufacturers.
SEC. 8062. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to participate
in any manufacturing extension program financed by funds appro-
priated in this or any other Act or hereafter in any other Act.
SEC. 8063. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current
fiscal year for construction or service performed in whole or in
part in a State (as defined in section 381(d) of title 10, United
States Code) which is not contiguous with another State and has
an unemployment rate in excess of the national average rate of
unemployment as determined by the Secretary of Labor, shall
include a provision requiring the contractor to employ, for the
purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who are
residents of such State and who, in the case of any craft or trade,
possess or would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the require-
ments 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 approves or implements the
transfer of administrative responsibilities 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
without the express authorization of Congress: Provided, That this
limitation shall not apply to transfers of funds expressly 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 DEFENSE 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 defense commit-
tees, the Committee on International Relations 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-enforcement
operation under the authority of chapter VI or chapter VII
Applicability.
Notice.
10 USC 2521
note.
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117 STAT. 1087
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of the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforce-
ment, 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 equipment 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
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
SEC. 8066. To the extent authorized by subchapter VI of chapter
148 of title 10, United States Code, the Secretary of Defense may
issue loan guarantees in support of United States defense exports
not otherwise provided for: Provided, That the total contingent
liability of the United States for guarantees issued under the
authority of this section may not exceed $15,000,000,000: Provided
further, That the exposure fees charged and collected by the Sec-
retary 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 Serv-
ices, and Foreign Relations of the Senate and the Committees
on Appropriations, Armed Services, and International Relations
in the House of Representatives on the implementation of this
program: Provided further, That amounts charged for administra-
tive 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 Department
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 associated
with a business combination.
SEC. 8068. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or provide
for the transportation of chemical munitions or agents to the John-
ston Atoll for the purpose of storing or demilitarizing such muni-
tions 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.
Reports.
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117 STAT. 1088
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(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 personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
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 expired 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 obligation 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—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8071. Funds appropriated in title II of this Act and for
the Defense Health Program in title VI of this Act for supervision
and administration costs for facilities maintenance and repair,
minor construction, or design projects, or any planning studies,
environmental assessments, or similar activities related to installa-
tion support functions, may be obligated at the time the reimburs-
able order is accepted by the performing activity: Provided, That
for the purpose of this section, supervision and administration
costs includes all in-house Government cost.
SEC. 8072. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance 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 reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
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117 STAT. 1089
PUBLIC LAW 108–87—SEPT. 30, 2003
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.
SEC. 8073. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination
under section 2690 of title 10, United States Code, may implement
cost-effective agreements for required heating facility modernization
in the Kaiserslautern Military Community in the Federal Republic
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 municipal district heat to the United
States Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services,
if provisions are included for the 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 delivery to military
forces for operational training, operational use or inventory require-
ments: Provided, That this restriction 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 Representatives and the Senate that it is in the
national security interest to do so.
SEC. 8075. None of the funds made available in this Act may
be used to approve or license the sale of the F–22 advanced tactical
fighter to any foreign government.
SEC. 8076. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the 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 country.
(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 application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, 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.
Applicability.
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PUBLIC LAW 108–87—SEPT. 30, 2003
SEC. 8077. (a) PROHIBITION.—None of the funds made available
by this Act may be used to support any training program involving
a unit of the security forces of a foreign country if the Secretary
of Defense has received credible 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 consultation
with the Secretary of State, shall ensure that prior to a decision
to conduct any training program referred 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
security forces.
(c) WAIVER.—The Secretary of Defense, after consultation with
the Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by extraordinary
circumstances.
(d) REPORT.—Not more than 15 days after the exercise of any
waiver under subsection (c), the Secretary of Defense shall submit
a report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information
relating to human rights violations that necessitates the waiver.
SEC. 8078. The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program
to distribute surplus dental equipment of the Department of
Defense, at no cost to the Department of Defense, to Indian Health
Service facilities and to federally-qualified health centers (within
the meaning of section 1905(l)(2)(B) of the Social Security Act
(42 U.S.C. 1396d(l)(2)(B))).
SEC. 8079. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to develop,
lease or procure the T–AKE class of ships unless the main propul-
sion diesel engines and propulsors are manufactured in the United
States by a domestically operated entity: Provided, That the Sec-
retary 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 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 otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8081. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any advanced concept tech-
nology demonstration project may only be obligated 30 days after
a report, including a description of the project, the planned acquisi-
tion and transition strategy and its estimated annual and total
cost, has been provided in writing to the congressional defense
committees: Provided, That the Secretary of Defense may waive
Deadline.
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117 STAT. 1091
PUBLIC LAW 108–87—SEPT. 30, 2003
this restriction on a case-by-case basis by certifying to the congres-
sional defense committees that it is in the national interest to
do so.
SEC. 8082. The Secretary of Defense shall provide a classified
quarterly report, beginning December 15, 2003, to the House and
Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying
this Act.
SEC. 8083. During the current fiscal year, refunds attributable
to the use of the Government travel card, refunds attributable
to the use of the Government Purchase Card and refunds attrib-
utable to official Government travel arranged by Government Con-
tracted 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 MANAGEMENT INFORMA-
TION
TECHNOLOGY
SYSTEMS
WITH
DOD CHIEF
INFORMATION
OFFICER.—None of the funds appropriated in this Act may be used
for a mission critical or mission essential financial management
information technology system (including a system funded by the
defense working capital fund) that is not registered with the Chief
Information Officer of the Department of Defense. A system shall
be considered to be registered with that officer upon the furnishing
to that officer of notice of the system, together with such information
concerning the system as the Secretary of Defense may prescribe.
A financial management information technology system shall be
considered a mission critical or mission essential information tech-
nology system as defined by the Under Secretary of Defense (Comp-
troller).
(b) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH
FINANCIAL
MANAGEMENT MODERNIZATION PLAN.—
(1) During the current fiscal year, a financial management
automated information system, a mixed information system
supporting financial and non-financial systems, or a system
improvement of more than $1,000,000 may not receive Mile-
stone A approval, Milestone B approval, or full rate production,
or their equivalent, within the Department of Defense until
the Under Secretary of Defense (Comptroller) certifies, with
respect to that milestone, that the system is being developed
and managed in accordance with the Department’s Financial
Management Modernization Plan. The Under Secretary of
Defense (Comptroller) may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification of certifications
under paragraph (1).
(c) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN
ACT.—
(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval, Mile-
stone 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 additional certifications, as
appropriate, with respect to any such system.
Notification.
Reports.
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(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification 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 confirmation
that the following steps have been taken with respect to the
system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation
of the return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with
the Department’s Global Information Grid.
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means the senior
official of the Department of Defense designated by the Sec-
retary of Defense pursuant to section 3506 of title 44, United
States Code.
(2) The term ‘‘information technology system’’ has the
meaning given the term ‘‘information technology’’ in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
SEC. 8085. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide
support to another department or agency of the United States
if such department or agency is more than 90 days in arrears
in making payment to the Department of Defense for goods or
services previously provided to such department or agency on a
reimbursable basis: Provided, That this restriction shall not apply
if the department is authorized by law to provide support to such
department or agency on a nonreimbursable basis, and is providing
the requested support pursuant to such authority: Provided 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 nomenclature 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 Department of
Defense under a contract that requires the entity to demonstrate
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
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 designee, may waive
payment of all or part of the consideration that otherwise would
be required under 10 U.S.C. 2667, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in 32 U.S.C. 508(d), or any other youth, social, or fraternal
Notification.
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117 STAT. 1093
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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
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be
made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for
military installations 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 authorized to
enter into agreements with the Department of Veterans Affairs
and federally-funded health agencies providing services to Native
Hawaiians for the purpose of establishing a partnership similar
to the Alaska Federal Health Care Partnership, in order to maxi-
mize Federal resources in the provision of health care services
by federally-funded health agencies, applying telemedicine tech-
nologies. For the purpose of this partnership, Native Hawaiians
shall have the same status as other Native Americans who are
eligible for the health care services provided by the Indian Health
Service.
(b) The Department of Defense is authorized to develop a con-
sultation policy, consistent with Executive Order No. 13084 (issued
May 14, 1998), with Native Hawaiians for the purpose of assuring
maximum Native Hawaiian participation in the direction and
administration of governmental services so as to render those serv-
ices 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 exercised sovereignty in the area
that now comprises the State of Hawaii.
SEC. 8090. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year may
be used to fund civil requirements associated with the satellite
and ground control segments of such system’s modernization pro-
gram.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8091. (a) Of the amounts appropriated in this Act under
the heading, ‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $48,000,000 shall remain available until expended:
Provided, That notwithstanding any other provision of law, the
Secretary of Defense is authorized to transfer such funds to other
activities of the Federal Government.
(b) Of the amounts appropriated in this Act under the heading,
‘‘Operation and Maintenance, Army’’, $177,000,000 shall remain
Alcohol and
alcoholic
beverages.
10 USC 2488
note.
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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 the Secretary of Defense is authorized to enter into
and carry out contracts for the acquisition of real property, construc-
tion, personal services, and operations related to projects described
in further detail in the Classified Annex accompanying the Depart-
ment of Defense Appropriations Act, 2004, consistent with the terms
and conditions set forth therein: Provided further, That contracts
entered into under the authority of this section may provide for
such indemnification as the Secretary determines to be necessary:
Provided further, That projects authorized by this section shall
comply with applicable Federal, State, and local law to the max-
imum extent consistent with the national security, as determined
by the Secretary of Defense.
SEC. 8092. Section 8106 of the Department of Defense Appro-
priations 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 continue 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 elsewhere in this
Act, $3,800,000 is hereby appropriated for ‘‘Defense Health Pro-
gram’’, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, $2,000,000 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, and notwithstanding any other provision of law,
$1,800,000 shall be available only for deposit into the Army, Navy,
and Air Force Fisher House Non-appropriated Fund Instrumental-
ities and shall be used in support and upkeep of existing Fisher
Houses.
SEC. 8094. Amounts appropriated in titles II and IV are hereby
reduced by $504,500,000 to reflect savings attributable to improve-
ments in the management of professional support services, surveys
and analysis, and contracted engineering and technical support,
and to limit excessive growth in the procurement of advisory and
assistance services, to be distributed as follows:
(1) From ‘‘Operation and Maintenance, Army’’, $48,500,000;
(2) From ‘‘Operation and Maintenance, Navy’’, $84,400,000;
(3) From ‘‘Operation and Maintenance, Marine Corps’’,
$4,300,000;
(4) From ‘‘Operation and Maintenance, Air Force’’,
$196,300,000;
(5) From ‘‘Operation and Maintenance, Defense-Wide’’,
$91,000,000;
(6) From ‘‘Research, Development, Test and Evaluation,
Navy’’, $40,000,000; and
(7) From ‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $40,000,000:
Provided, That these reductions shall be applied proportionally
to each budget activity, activity group and subactivity group and
each program, project and activity within each appropriations
account.
Applicability.
10 USC 113 note.
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117 STAT. 1095
PUBLIC LAW 108–87—SEPT. 30, 2003
(INCLUDING TRANSFER OF FUNDS)
SEC. 8095. Of the amounts appropriated in this Act under
the heading ‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, $144,803,000 shall be made available for the Arrow missile
defense program: Provided, That of this amount, $80,000,000 shall
be available for the purpose of producing Arrow missile components
in the United States and Arrow missile components and missiles
in Israel to meet Israel’s defense requirements, consistent with
each nation’s laws, regulations and procedures: Provided further,
That funds made available under this provision for production
of missiles and missile components may be transferred to appropria-
tions available for the procurement of weapons and equipment,
to be merged with and to be available for the same time period
and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained
in this Act.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8096. In addition to amounts provided elsewhere in this
Act, $60,000,000 is hereby appropriated for ‘‘Aircraft Procurement,
Navy’’: Provided, That these funds shall be available only for
transfer to the Coast Guard for mission essential equipment for
Coast Guard HC–130J aircraft.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8097. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $635,502,000
shall be available until September 30, 2004, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
Act, the Secretary of the Navy shall transfer such funds to the
following appropriations 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 Conversion,
Navy, 1996/04’’:
LPD–17 Amphibious Transport Dock Ship Pro-
gram, $95,300,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1998/04’’:
New SSN, $81,060,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1999/04’’:
DDG–51 Destroyer Program, $44,420,000;
New SSN, $156,978,000;
LPD–17 Amphibious Transport Dock Ship Pro-
gram, $51,100,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 2000/04’’:
DDG–51 Destroyer Program, $24,510,000;
LPD–17 Amphibious Transport Dock Ship Pro-
gram, $112,778,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 2001/04’’:
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117 STAT. 1096
PUBLIC LAW 108–87—SEPT. 30, 2003
DDG–51 Destroyer Program, $6,984,000;
New SSN, $62,372,000.
SEC. 8098. The Secretary of the Navy may settle, or com-
promise, 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 with-
out regard to the monetary limitations in subsections (a) and (b)
of that section: Provided, That such payments shall be made from
funds available to the Department of the Navy for operation and
maintenance.
SEC. 8099. Notwithstanding any other provision of law or regu-
lation, 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 Hygienists.
(A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall
apply.
(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall
not apply.
SEC. 8100. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2004 until the enactment of the Intelligence
Authorization Act for fiscal year 2004.
SEC. 8101. The total amount appropriated in title II is hereby
reduced by $200,000,000 to reduce cost growth in information tech-
nology development, to be derived as follows:
(1) From ‘‘Operation and Maintenance, Army’’, $40,000,000.
(2) From ‘‘Operation and Maintenance, Navy’’, $60,000,000.
(3) From ‘‘Operation and Maintenance, Air Force’’,
$60,000,000.
(4) From ‘‘Operation and Maintenance, Defense-Wide’’,
$40,000,000.
SEC. 8102. In addition to funds made available elsewhere in
this Act $5,500,000 is hereby appropriated and shall remain avail-
able until expended to provide assistance, by grant or otherwise
(such as, but not limited to, the provision of funds for repairs,
maintenance, construction, and/or for the purchase of information
technology, text books, teaching resources), to public schools that
have unusually high concentrations of special needs military
dependents enrolled: Provided, That in selecting school systems
to receive such assistance, special consideration shall be given to
school systems in States that are considered overseas assignments,
and all schools within these school systems shall be eligible for
assistance: Provided further, That up to $2,000,000 shall be avail-
able for the Department of Defense to establish a non-profit trust
fund to assist in the public-private funding of public school repair
and maintenance projects, or provide directly to non-profit organiza-
tions who in return will use these monies to provide assistance
in the form of repair, maintenance, or renovation to public school
systems that have high concentrations of special needs military
dependents and are located in States that are considered overseas
assignments, and of which 2 percent shall be available to support
the administration and execution of the funds: Provided further,
That to the extent a Federal agency provides this assistance, by
contract, grant, or otherwise, it may accept and expend non-Federal
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funds in combination with these Federal funds to provide assistance
for the authorized purpose, if the non-Federal entity requests such
assistance and the non-Federal funds are provided on a reimburs-
able basis.
SEC. 8103. None of the funds in this Act may be used to
initiate a new start program without prior notification to the Office
of Secretary of Defense and the congressional defense committees.
SEC. 8104. The amounts appropriated in title II are hereby
reduced by $372,000,000 to reflect cash balance and rate stabiliza-
tion adjustments in Department of Defense 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’’,
$220,000,000.
SEC. 8105. The amount appropriated in title II for ‘‘Operation
and Maintenance, Navy’’ is hereby reduced by $44,000,000 to reduce
excess funded carryover.
SEC. 8106. (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 ‘‘Operation 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 Veterans Employment, a
nonprofit labor-management co-operation 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. 8107. FINANCING AND FIELDING OF KEY ARMY CAPABILI-
TIES.—The Department of Defense and the Department 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 program in order to field this system in the 2008 timeframe.
As an interim capability to enhance Army lethality, survivability,
and mobility for light and medium forces before complete fielding
of the Objective Force, the Army shall ensure that budgetary and
programmatic plans will provide for no fewer than six Stryker
Brigade Combat Teams to be fielded between 2003 and 2008.
SEC. 8108. Of the funds made available in this Act, not less
than $40,600,000 shall be available to maintain an attrition reserve
force of 18 B–52 aircraft, of which $3,800,000 shall be available
from ‘‘Military Personnel, Air Force’’, $25,100,000 shall be available
from ‘‘Operation and Maintenance, Air Force’’, and $11,700,000
shall be available from ‘‘Aircraft Procurement, Air Force’’: Provided,
That the Secretary of the Air Force shall maintain a total force
of 94 B–52 aircraft, including 18 attrition reserve aircraft, during
fiscal year 2004: Provided further, That the Secretary of Defense
shall include in the Air Force budget request for fiscal year 2005
amounts sufficient to maintain a B–52 force totaling 94 aircraft.
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SEC. 8109. Of the funds made available under the heading
‘‘Operation and Maintenance, Air Force’’, $8,000,000 shall be avail-
able to realign railroad track on Elmendorf Air Force Base and
Fort Richardson: Provided, That the Secretary of the Air Force
is authorized, using funds available under the heading ‘‘Operation
and Maintenance, Air Force’’, to complete a phased repair project,
which repairs may include upgrades and additions, to the infrastruc-
ture of the operational ranges managed by the Air Force in Alaska.
The total cost of such phased projects shall not exceed $26,000,000.
(TRANSFER OF FUNDS)
SEC. 8110. Of the amounts appropriated in Public Law 107–
206 under the heading ‘‘Defense Emergency Response Fund’’, an
amount up to the fair market value of the leasehold interest in
adjacent properties necessary for the force protection requirements
of Tooele Army Depot, Utah, may be made available to resolve
any property disputes associated with Tooele Army Depot, Utah,
and to acquire such leasehold interest as required: Provided, That
none of these funds may be used to acquire fee title to the properties.
SEC. 8111. Up to $3,000,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ in this Act for
the Pacific Missile Range Facility may be made available to contract
for the repair, maintenance, and operation of adjacent off-base
water, drainage, and flood control systems, electrical upgrade to
support additional missions critical to base operations, and support
for a range footprint expansion to further guard against encroach-
ment.
SEC. 8112. In addition to the amounts appropriated or otherwise
made available in this Act, $34,950,000 is hereby appropriated
to the Department of Defense: Provided, That the Secretary of
Defense shall make grants in the amount of $8,500,000 to the
Fort Benning Infantry Museum; $6,000,000 to the University of
South Florida for establishment and operation of the Joint Military
Science Leadership Program; $5,000,000 to the American Red Cross
for Armed Forces Emergency Services; $3,500,000 to the National
D-Day Museum; $3,000,000 to the Chicago Park District for renova-
tion of the Broadway Armory; $2,100,000 to the National Guard
Youth Foundation; $2,100,000 to the Intrepid Sea-Air-Space
Foundation; $2,000,000 to the Army Museum of the Southwest
at Fort Sill, Oklahoma; $1,500,000 to the Tredegar National Civil
War Center; $1,000,000 to the Philadelphia Korean War Memorial;
and $250,000 to the CSS Alabama Association.
SEC. 8113. None of the funds appropriated in this Act under
the heading ‘‘Overseas Contingency Operations Transfer Account’’
may be transferred or obligated for Department of Defense expenses
not directly related to the conduct of overseas contingencies: Pro-
vided, That the Secretary of Defense shall submit a report no
later than 30 days after the end of each fiscal quarter to the
Committees on Appropriations of the Senate and House of Rep-
resentatives that details any transfer of funds from the ‘‘Overseas
Contingency Operations Transfer Account’’: Provided further, That
the report shall explain any transfer for the maintenance of real
property, pay of civilian personnel, base operations support, and
weapon, vehicle or equipment maintenance.
SEC. 8114. 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
Reports.
Deadline.
Grants.
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PUBLIC LAW 108–87—SEPT. 30, 2003
considered to be for the same purpose as any subdivision under
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations
in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
SEC. 8115. The budget of the President for fiscal year 2005
submitted to the Congress pursuant to section 1105 of title 31,
United States Code shall include separate budget justification docu-
ments for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a descrip-
tion of the funding requested for each contingency operation, for
each military service, to include all Active and Reserve components,
and for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents shall
include budget exhibits OP–5 and OP–32 (as defined in the Depart-
ment of Defense Financial Management Regulation) for all contin-
gency operations for the budget year and the two preceding fiscal
years.
SEC. 8116. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
(TRANSFER OF FUNDS)
SEC. 8117. Of the amounts appropriated in this Act under
the headings ‘‘Research, Development, Test and Evaluation, Navy’’
and ‘‘Operation and Maintenance, Defense-Wide’’ $56,200,000 shall
be transferred to such appropriations available to the Department
of Defense as may be required to carry out the intent of Congress
as expressed in the Classified Annex accompanying the Department
of Defense Appropriations Act, 2004, and amounts so transferred
shall be available for the same purposes and for the same time
period as the appropriations to which transferred.
SEC. 8118. During the current fiscal year, section 2533a(f)
of Title 10, United States Code, shall not apply to any fish, shellfish,
or seafood product. This section is applicable to contracts and sub-
contracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement Policy Act (41
U.S.C. 430).
SEC. 8119. Notwithstanding section 2465 of title 10 U.S.C.,
the Secretary of the Navy may use funds appropriated in title
II of this Act under the heading, ‘‘Operation and Maintenance,
Navy’’, to liquidate the expenses incurred for private security guard
services performed at the Naval Support Unit, Saratoga Springs,
New York by Burns International Security Services, Albany, New
York in the amount of $29,323.35, plus accrued interest, if any.
SEC. 8120. Of the amounts provided in title II of this Act
under the heading, ‘‘Operation and Maintenance, Defense-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 officials, to include United States military officers and
10 USC 221 note.
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PUBLIC LAW 108–87—SEPT. 30, 2003
civilian officials whose participation directly contributes to the edu-
cation and training of these foreign students.
SEC. 8121. (a) EXCHANGE REQUIRED.—In exchange for the pri-
vate 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 ‘‘recipient’’), all right, title, and interest of the United
States in and to a parcel of real property consisting of approximately
one acre in the Mojave National Preserve and designated (by section
8137 of the Department of Defense Appropriations Act, 2002 (Public
Law 107–117; 115 Stat. 2278)) as a national memorial commemo-
rating United States participation in World War I and honoring
the American veterans of that war. Notwithstanding the conveyance
of the property under this subsection, the Secretary shall continue
to carry out the responsibilities of the Secretary under such section
8137.
(b) CONSIDERATION.—As consideration for the property 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 conformance with the Uniform Appraisal Standards
for Federal Land Acquisitions (Department of Justice, December
2000).
(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 equalization payment. The Secretary
shall deposit any cash equalization payment received by the Sec-
retary 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 National Preserve shall be
adjusted to reflect the land exchange 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 accordance with the laws, rules, and regulations generally
applicable to the Mojave National Preserve.
SEC. 8122. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance mission below the levels funded in this Act: Provided,
That the Air Force shall allow the 53rd Weather Reconnaissance
16 USC
410aaa–56 note,
431 note.
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Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8123. The Secretary of the Air Force shall convey, without
consideration, to the Inland Valley Development 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, California, that consist of approximately 39 acres and
are leased, as of June 1, 2003, by the Secretary to the Defense
Finance and Accounting Service. The conveyance shall be subject
to the condition that the Inland Valley Development Agency and
the Director of the Defense Finance and Accounting Service enter
into a lease-back agreement, acceptable to the Director, for premises
required by the Director for support operations conducted by the
Defense Finance and Accounting Service.
SEC. 8124. 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
Sensor (SURTASS) program: Provided, That funding for this lease
shall be from within funds provided in this Act and future appro-
priations Acts.
SEC. 8125. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, and notwithstanding any
other provision of law, $17,000,000 is hereby appropriated to ‘‘Oper-
ation and Maintenance, Army’’, to remain available until September
30, 2004, to be available only for a grant in the amount of
$17,000,000 to the Silver Valley Unified School District, Silver
Valley, California, for the purpose of school construction at Fort
Irwin, California.
SEC. 8126. (a) The total amount appropriated or otherwise
made available in titles II, III, and IV of this Act is hereby reduced
by $1,662,000,000 to reflect savings from outsourcing, management
efficiencies, and revised economic assumptions, to be distributed
as follows:
‘‘Title II’’, $554,000,000;
‘‘Title III’’, $554,000,000; and
‘‘Title IV’’, $554,000,000.
(b) The Secretary of Defense shall allocate this reduction propor-
tionately to each budget activity, activity group, subactivity group,
and each program, project, and activity within each applicable
appropriation account: Provided, That appropriations made avail-
able in this Act for the pay and benefits of military personnel
are exempt from reductions under this provision.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8127. (a) The amount appropriated in title II for ‘‘Oper-
ation and Maintenance, Air Force’’ is hereby reduced by
$451,000,000 to reflect cash balance and rate stabilization adjust-
ments in the Department of Defense Transportation Working Cap-
ital Fund.
(b) Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall transfer $451,000,000
from the Department of Defense Transportation Working Capital
Fund to ‘‘Operation and Maintenance, Air Force’’ to offset the reduc-
tion made by subsection (a). The transfer required by this subsection
Deadline.
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PUBLIC LAW 108–87—SEPT. 30, 2003
is in addition to any other transfer authority provided to the Depart-
ment of Defense.
(RESCISSION)
SEC. 8128. Of the funds made available in chapter 3 of title
I of the Emergency Wartime Supplemental Appropriations Act,
2003 (Public Law 108–11), under the heading ‘‘Iraq Freedom Fund’’,
$3,490,000,000 are hereby rescinded.
SEC. 8129. Of the total amount appropriated by this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, the Sec-
retary of Defense may use up to $855,566 to make additional
payment under section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (20 U.S.C. 7703a) to those
local educational agencies whose percentage reduction in the pay-
ment amount for fiscal year 2002 was in excess of the reduction
otherwise imposed under subsection (d) of such section for that
fiscal year. The Secretary of Defense may waive collection of any
overpayment made to local educational agencies under such section
for fiscal year 2002.
SEC. 8130. None of the funds appropriated or otherwise made
available by this Act may be used to implement any amendment
or revision of, or cancel, the Department of Defense Directive 1344.7,
‘‘Personal Commercial Solicitation on DoD Installations’’, until 90
days following the date the Secretary of Defense submits to Con-
gress notice of the amendment, revision or cancellation, and the
reasons therefore.
SEC. 8131. (a) Notwithstanding any other provision of law,
none of the funds appropriated or otherwise made available in
this or any other Act may be obligated for the Terrorism Information
Awareness Program: Provided, That this limitation shall not apply
to the program hereby authorized for Processing, analysis, and
collaboration tools for counterterrorism foreign intelligence, as
described in the Classified Annex accompanying the Department
of Defense Appropriations Act, 2004, for which funds are expressly
provided in the National Foreign Intelligence Program for
counterterrorism foreign intelligence purposes.
(b) None of the funds provided for Processing, analysis, and
collaboration tools for counterterrorism foreign intelligence shall
be available for deployment or implementation except for:
(1) lawful military operations of the United States con-
ducted outside the United States; or
(2) lawful foreign intelligence activities conducted wholly
overseas, or wholly against non-United States citizens.
(c) In this section, the term ‘‘Terrorism Information Awareness
Program’’ means the program known either as Terrorism Informa-
tion Awareness or Total Information Awareness, or any successor
program, funded by the Defense Advanced Research Projects
Agency, or any other Department or element of the Federal Govern-
ment, including the individual components of such Program devel-
oped by the Defense Advanced Research Projects Agency.
SEC. 8132. (a) CLOSURE OF NAVAL STATION ROOSEVELT ROADS,
PUERTO RICO.—Notwithstanding any other provision of law, the
Secretary of the Navy shall close Naval Station Roosevelt Roads,
Puerto Rico, no later than 6 months after enactment of this Act.
(b) IMPLEMENTATION.—The closure provided for in subsection
(a), and subsequent disposal, shall be carried out in accordance
with the procedures and authorities contained in the Defense Base
Deadline.
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117 STAT. 1103
PUBLIC LAW 108–87—SEPT. 30, 2003
Closure and Realignment Act of 1990 (title XXIX of Public Law
101–510; 10 U.S.C. 2687 note).
(c) OFFICE OF ECONOMIC ADJUSTMENT ACTIVITIES.—Notwith-
standing any other provision of law, the Office of Economic Adjust-
ment of the Department of Defense may make grants and supple-
ment other Federal funds using funds made available by this Act
under the heading ‘‘Operation and Maintenance, Defense-Wide’’,
and the projects so supported shall be considered to be authorized
by law.
SEC. 8133. Up to $2,000,000 of the funds appropriated by
this Act under the heading, ‘‘Operation and Maintenance, Army’’,
may be made available to contract for services required to solicit
non-Federal donations to support construction and operation of
the United States Army Museum at Fort Belvoir, Virginia: Provided,
That notwithstanding any other provision of law, the Army is
authorized to receive future payments in this or the subsequent
fiscal year from any non-profit organization chartered to support
the United States Army Museum to reimburse amounts expended
by the Army pursuant to this section: Provided further, That any
reimbursements received pursuant to this section shall be merged
with ‘‘Operation and Maintenance, Army’’ and shall be made avail-
able for the same purposes and for the same time period as that
appropriation account.
SEC. 8134. DESIGNATION OF AMERICA’S NATIONAL WORLD WAR
II MUSEUM. (a) FINDINGS.—Congress makes the following findings:
(1) The National D-Day Museum, operated in New Orleans,
Louisiana by an educational foundation, has been established
with the vision ‘‘to celebrate the American Spirit’’.
(2) The National D-Day Museum is the only museum in
the United States that exists for the exclusive purpose of inter-
preting the American experience during the World War II years
(1939–1945) on both the battlefront and the home front and,
in doing so, covers all of the branches of the Armed Forces
and the Merchant Marine.
(3) The National D-Day Museum was founded by the pre-
eminent American historian, Stephen E. Ambrose, as a result
of a conversation with President Dwight D. Eisenhower in
1963, when the President and former Supreme Commander,
Allied Expeditionary Forces in Europe, credited Andrew Jack-
son Higgins, the chief executive officer of Higgins Industries
in New Orleans, as the ‘‘man who won the war for us’’ because
the 12,000 landing craft designed by Higgins Industries made
possible all of the amphibious invasions of World War II and
carried American soldiers into every theatre of the war.
(4) The National D-Day Museum, since its grand opening
on June 6, 2000, the 56th anniversary of the D-Day invasion
of Normandy, has attracted nearly 1,000,000 visitors from
around the world, 85 percent of whom have been Americans
from across the country.
(5) American World War II veterans, called the ‘‘greatest
generation’’ of the Nation, are dying at the rapid rate of more
than 1,200 veterans each day, creating an urgent need to pre-
serve the stories, artifacts, and heroic achievements of that
generation.
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117 STAT. 1104
PUBLIC LAW 108–87—SEPT. 30, 2003
(6) The United States has a need to preserve forever the
knowledge and history of the Nation’s most decisive achieve-
ment in the 20th century and to portray that history to citizens,
visitors, and school children for centuries to come.
(7) Congress, recognizing the need to preserve this knowl-
edge and history, appropriated funds in 1992 to authorize the
design and construction of The National D-Day Museum in
New Orleans to commemorate the epic 1944 Normandy inva-
sion, and subsequently appropriated additional funds in 1998,
2000, 2001, 2002, and 2003 to help expand the exhibits in
the museum to include the D-Day invasions in the Pacific
Theatre of Operations and the other campaigns of World War
II.
(8) The State of Louisiana and thousands of donors and
foundations across the country have contributed millions of
dollars to help build this national institution.
(9) The Board of Trustees of The National D-Day Museum
is national in scope and diverse in its makeup.
(10) The World War II Memorial now under construction
on the National Mall in Washington, the District of Columbia,
will always be the memorial in our Nation where people come
to remember America’s sacrifices in World War II, while The
National D-Day Museum will always be the museum of the
American experience in the World War II years (1939–1945),
where people come to learn about Americans’ experiences
during that critical period, as well as a place where the history
of our Nation’s monumental struggle against worldwide aggres-
sion by would-be oppressors is preserved so that future genera-
tions can understand the role the United States played in
the preservation and advancement of democracy and freedom
in the middle of the 20th century.
(11) The National D-Day Museum seeks to educate a
diverse group of audiences through its collection of artifacts,
photographs, letters, documents, and first-hand personal
accounts of the participants in the war and on the home front
during one of history’s darkest hours.
(12) The National D-Day Museum is devoted to the combat
experience of United States citizen soldiers in all of the theatres
of World War II and to the heroic efforts of the men and
women on the home front who worked tirelessly to support
the troops and the war effort.
(13) The National D-Day Museum continues to add to
and maintain one of the largest personal history collections
in the United States of the men and women who fought in
World War II and who served on the home front.
(14) No other museum describes as well the volunteer
spirit that arose throughout the United States and united the
country during the World War II years.
(15) The National D-Day Museum is engaged in a 250,000
square foot expansion to include the Center for the Study
of the American Spirit, an advanced format theatre, and a
new United States pavilion.
(16) The planned ‘‘We’re All in this Together’’ exhibit will
describe the role every State, commonwealth, and territory
played in World War II, and the computer database and soft-
ware of The National D-Day Museum’s educational program
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117 STAT. 1105
PUBLIC LAW 108–87—SEPT. 30, 2003
will be made available to the teachers and school children
of every State, commonwealth, and territory.
(17) The National D-Day Museum is an official Smithsonian
affiliate institution with a formal agreement to borrow Smithso-
nian artifacts for future exhibitions.
(18) Le Memorial de Caen in Normandy, France has for-
mally recognized The National D-Day Museum as its official
partner in a Patriotic Alliance signed on October 16, 2002,
by both museums.
(19) The official Battle of the Bulge museums in Luxem-
bourg and the American Battlefield Monuments Commission
are already collaborating with The National D-Day Museum
on World War II exhibitions.
(20) For all of these reasons, it is appropriate to designate
The National D-Day Museum as ‘‘America’s National World
War II Museum’’.
(b) PURPOSES.—The purposes of this section are, through the
designation of The National D-Day Museum as ‘‘America’s National
World War II Museum’’, to express the United States Government’s
support for—
(1) 
the 
continuing 
preservation, 
maintenance, 
and
interpretation of the artifacts, documents, images, and history
collected by the museum;
(2) the education of the American people as to the American
experience in combat and on the home front during the World
War II years, including the conduct of educational outreach
programs for teachers and students throughout the United
States;
(3) the operation of a premier facility for the public display
of artifacts, photographs, letters, documents, and personal his-
tories from the World War II years (1939–1945);
(4) the further expansion of the current European and
Pacific campaign exhibits in the museum, including the Center
for the Study of the American Spirit for education; and
(5) ensuring the understanding by all future generations
of the magnitude of the American contribution to the Allied
victory in World War II, the sacrifices made to preserve freedom
and democracy, and the benefits of peace for all future genera-
tions in the 21st century and beyond.
(c) DESIGNATION
OF ‘‘AMERICA’S NATIONAL WORLD WAR II
MUSEUM’’.—The National D-Day Museum, New Orleans, Louisiana,
is designated as ‘‘America’s National World War II Museum’’.
SEC. 8135. NATIVE AMERICAN VETERAN HOUSING LOANS. (a)
Title I of Division K of the Consolidated Appropriations Resolution,
2003 (Public Law 108–7) is amended by striking out ‘‘expenses:
Provided, That no new loans in excess of $5,000,000 may be made
in fiscal year 2003.’’ from the paragraph under the heading ‘‘Native
American Veteran Housing Loan Program Account’’ and inserting
in lieu thereof ‘‘expenses.’’.
(b) The amendment made by subsection (a) of this section
is effective on the date of the enactment of Public Law 108–7,
February 20, 2003.
SEC. 8136. None of the funds appropriated in this Act shall
be used to study, demonstrate, or implement any plans privatizing,
divesting or transferring of any Civil Works missions, functions,
or responsibilities for the United States Army Corps of Engineers
Effective date.
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117 STAT. 1106
PUBLIC LAW 108–87—SEPT. 30, 2003
to other government agencies without specific direction in a subse-
quent Act of Congress.
SEC. 8137. None of the funds provided in this Act may be
used to pay any fee charged by the Department of State for the
purpose of constructing new United States diplomatic facilities.
SEC. 8138. (a) The Secretary of Defense—
(1) shall review—
(A) contractual offset arrangements to which the policy
established under section 2532 of title 10, United States
Code, applies that are in effect on the date of the enactment
of this Act;
(B) memoranda of understanding and related agree-
ments to which the limitation in section 2531(c) of such
title applies that have been entered into with a country
with respect to which such contractual offset arrangements
have been entered into and are in effect on such date;
and
(C) waivers granted with respect to a foreign country
under section 2534(d)(3) of title 10, United States Code,
that are in effect on such date; and
(2) shall determine the effects of the use of such arrange-
ments, memoranda of understanding, agreements, and waivers
on the national technology and industrial base.
(b) The Secretary shall submit a report on the results of the
review under subsection (a) to Congress not later than March
1, 2005. The report shall include a discussion of each of the fol-
lowing:
(1) The effects of the contractual offset arrangements on
specific subsectors of the industrial base of the United States
and what actions have been taken to prevent or ameliorate
any serious adverse effects on such subsectors.
(2) The extent, if any, to which the contractual offset
arrangements and memoranda of understanding and related
agreements have provided for technology transfer that would
significantly and adversely affect the national technology and
industrial base.
(3) The extent to which the use of such contractual offset
arrangements is consistent with—
(A) the limitation in section 2531(c) of title 10, United
States Code, that prohibits implementation of a memo-
randum of understanding and related agreements if the
President, taking into consideration the results of the inter-
agency review, determines that such memorandum of
understanding or a related agreement has or is likely to
have a significant adverse effect on United States industry
that outweighs the benefits of entering into or imple-
menting such memorandum or agreement; and
(B) the requirements under section 2534(d) of such
title that—
(i) a waiver granted under such section not impede
cooperative programs entered into between the Depart-
ment of Defense and a foreign country and not impede
the reciprocal procurement of defense items that is
entered into in accordance with section 2531 of such
title; and
Reports.
Deadline.
10 USC 2532
note.
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117 STAT. 1107
PUBLIC LAW 108–87—SEPT. 30, 2003
(ii) the country with respect to which the waiver
is granted not discriminate against defense items pro-
duced in the United States to a greater degree than
the United States discriminates against defense items
produced in that country.
(c) The Secretary shall submit to the President any rec-
ommendations regarding the use or administration of contractual
offset arrangements and memoranda of understanding and related
agreements referred to in subsection (a) that the Secretary considers
an appropriate response to the findings resulting from the Sec-
retary’s review.
SEC. 8139. It is the sense of the Senate that—
(1) any request for funds for a fiscal year for an ongoing
overseas military operation, including operations in Afghani-
stan and Iraq, should be included in the annual budget of
the President for such fiscal year as submitted to Congress
under section 1105(a) of title 31, United States Code; and
(2) any funds provided for such fiscal year for such a
military operation should be provided in appropriations Acts
for such fiscal year through appropriations to specific accounts
set forth in such Acts.
SEC. 8140. STUDY REGARDING MAIL DELIVERY IN THE MIDDLE
EAST. (a) STUDY.—The Comptroller General of the United States
shall conduct a review of the delivery of mail to troops in the
Middle East and the study should:
(1) Determine delivery times, reliability, and losses for
mail and parcels to and from troops stationed in the Middle
East.
(2) Identify and analyze mail and parcel delivery service
efficiency issues during Operations Desert Shield/Desert Storm,
compared to such services which occurred during Operation
Iraqi Freedom.
(3) Identify cost efficiencies and benefits of alternative
delivery systems or modifications to existing delivery systems
to improve the delivery times of mail and parcels.
(b) REPORT.—Not later than 60 days after the date of enactment
of this Act, the Comptroller General of the United States shall
submit a report to the congressional defense committees on their
findings and recommendations.
SEC. 8141. (a) LIMITATION ON USE OF FUNDS.—Notwithstanding
any other provision of law, no funds appropriated or otherwise
made available by this Act may be obligated or expended to
decommission a Naval or Marine Corps Reserve aviation squadron
until the report required by subsection (b) is submitted to the
committees of Congress referred to in that subsection.
(b) REPORT ON NAVY AND MARINE CORPS TACTICAL AVIATION
REQUIREMENTS.—
(1) Not later than February 1, 2004, the Comptroller Gen-
eral of the United States shall submit to the congressional
defense committees a report on the requirements of the Navy
and the Marine Corps for tactical aviation, including mission
requirements, recapitalization requirements, and the role of
Naval and Marine Corps Reserve assets in meeting such
requirements.
(2) The report shall include the recommendations of the
Comptroller General on an appropriate force structure for the
active and reserve aviation units of the Navy and the Marine
Deadline.
Deadline.
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117 STAT. 1108
PUBLIC LAW 108–87—SEPT. 30, 2003
Corps, and related personnel requirements, for the 10-year
period beginning on the date of the report.
SEC. 8142. The Secretary of the Air Force, in consultation
with the Chief of Air Force Reserve, shall study the mission of
the 932nd Airlift Wing, Scott Air Force Base, Illinois, and evaluate
whether it would be appropriate to substitute for that mission
a mixed mission of transporting patients, passengers, and cargo
that would increase the airlift capability of the Air Force while
continuing the use and training of aeromedical evacuation per-
sonnel. The Secretary shall submit a report on the results of the
study and evaluation to the congressional defense committees not
later than January 16, 2004.
SEC. 8143. REPORTS
ON SAFETY ISSUES DUE
TO DEFECTIVE
PARTS. (a) REPORT FROM THE SECRETARY.—The Secretary shall by
March 31, 2004, examine and report back to the congressional
defense committees on—
(1) how to implement a system for tracking safety-critical
parts so that parts discovered to be defective, including due
to faulty or fraudulent work by a contractor or subcontractor,
can be identified and found;
(2) appropriate standards and procedures to ensure timely
notification of contracting agencies and contractors about safety
issues including parts that may be defective, and whether the
Government Industry Data Exchange Program should be made
mandatory;
(3) efforts to find and test airplane parts that have been
heat treated by companies alleged to have done so improperly;
and
(4) whether contracting agencies and contractors have been
notified about alleged improper heat treatment of airplane
parts.
(b) REPORT
FROM
THE COMPTROLLER GENERAL.—The Comp-
troller General shall examine and report back to the congressional
defense committees on—
(1) the oversight of subcontractors by prime contractors,
and testing and quality assurance of the work of the subcontrac-
tors; and
(2) the oversight of prime contractors by the Department,
the accountability of prime contractors for overseeing sub-
contractors, and the use of enforcement mechanisms by the
Department.
SEC. 8144. Section 8149(b) of the Department of Defense Appro-
priations Act, 2003 (Public Law 107–248; 116 Stat. 1572) is
amended by adding at the end the following new paragraph:
‘‘(3) This subsection shall remain in effect for fiscal year 2004.’’.
SEC. 8145. (a) The Secretary of the Navy shall transfer by
gift under section 7306 of title 10, United States Code, the Sturgeon
Class submarine NARWHAL (SSN–671) to the National Submarine
Science Discovery Center, Newport, Kentucky, upon receipt of an
application for donation of such vessel to the Center that is satisfac-
tory to the Secretary.
(b) Before transferring the submarine as required under sub-
section (a), the Secretary shall remove the nuclear reactor compart-
ment and the other classified or otherwise sensitive military equip-
ment of the submarine.
(c) Subsection (c) of section 7306 of title 10, United States
Code, does not apply to the cost of carrying out subsection (b)
10 USC 2784
note.
Deadline.
Reports.
Deadline.
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117 STAT. 1109
PUBLIC LAW 108–87—SEPT. 30, 2003
LEGISLATIVE HISTORY—H.R. 2658 (S. 1382):
HOUSE REPORTS: Nos. 108–187 (Comm. on Appropriations) and 108–283
(Comm. of Conference).
SENATE REPORTS: No. 108–87 accompanying S. 1382 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 8, considered and passed House.
July 14–17, considered and passed Senate, amended.
Sept. 24, House agreed to conference report.
Sept. 25, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Sept. 30, Presidential statement.
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’’.
Approved September 30, 2003.
10 USC 1075
note.
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