[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2658 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 17, 2003.
Resolved, That the bill from the House of Representatives (H.R.
2658) entitled ``An Act to making appropriations for the Department of
Defense for the fiscal year ending September 30, 2004, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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 stations, 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,
$28,282,764,000.
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 stations, 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,
$23,309,791,000.
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 stations, for members of
the Marine Corps on active duty (except 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 Retirement Fund, $8,994,426,000.
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 stations, 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,
$22,993,072,000.
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,
$3,584,735,000.
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, $2,027,945,000.
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 undergoing 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,
$587,619,000.
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 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 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, $1,332,301,000.
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,
$5,598,504,000.
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 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,
$2,228,830,000.
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, $24,922,949,000: Provided, That of
the funds appropriated in this paragraph, not less than $355,000,000
shall be made available only for conventional ammunition care and
maintenance.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $4,463,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$28,183,284,000.
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,
$3,418,023,000.
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, $26,698,375,000.
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 Department
of Defense (other than the military departments), as authorized by law,
$16,279,006,000, of which not to exceed $35,000,000, may be available
for the CINC initiative fund; and of which not to exceed $45,000,000,
can be used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and payments
may be made on his certificate of necessity for confidential military
purposes: Provided, That none of the funds appropriated or otherwise
made available by this Act may be used to plan or implement the
consolidation of a budget or appropriations liaison office of the
Office of the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison office:
Provided further, That $2,700,000, 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 maintenance 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
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,964,009,000.
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
equipment; 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 transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,179,188,000.
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, operation, and repairs
to structures and facilities; hire of passenger 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 specifically 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), $4,273,131,000.
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, maintenance, 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
specifically authorized by the Chief, National Guard Bureau,
$4,418,616,000.
Overseas Contingency Operations Transfer Account
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations
by United States military forces, $10,000,000, to remain available
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, development, 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 purposes 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 Courts of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $10,333,000 of which not to exceed $2,500
can be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $396,018,000, to remain available
until transferred: Provided, That the 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 available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $256,153,000, to remain available
until transferred: Provided, That the Secretary of the Navy 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 Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $384,307,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, 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 available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a 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, Defense-Wide
(including transfer of funds)
For the Department of Defense, $24,081,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this 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 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, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $312,619,000, 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 available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
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 available 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
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel 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 September 30, 2006:
Provided, That of the amounts provided under this heading, $10,000,000
shall be available only to support the 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; 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, $2,027,285,000, 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; 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, $1,444,462,000, to remain available for obligation until
September 30, 2006.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and 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,
$1,732,004,000, to remain available for obligation until September 30,
2006.
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, $1,419,759,000, 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 passenger vehicles but
not to exceed $180,000 per vehicle; communications 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, $4,573,902,000, 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, $9,017,548,000, 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 machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $1,967,934,000, 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, $924,355,000, 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), $20,351,000;
SSBN Submarine Refuelings (AP), $136,800,000;
DDG-51 Destroyer, $3,218,311,000;
LPD-17, $1,192,034,000;
LPD-17 (AP), $75,000,000;
LHD-8, $591,306,000;
LCAC Landing Craft Air Cushion, $73,087,000;
Prior year shipbuilding costs, $635,502,000;
Service Craft, $15,980,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $348,449,000;
In all: $11,682,623,000, 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 construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only, and the purchase of 7 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $180,000 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, $4,734,808,000, 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, $1,090,399,000, 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 handling
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 equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $11,997,460,000, 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 devices;
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 equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$4,215,333,000, 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, $1,265,582,000, 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 electronic 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, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $180,000 per
vehicle; lease of passenger motor vehicles; and expansion of public and
private plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $11,536,097,000, 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; and the
purchase of 4 vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $180,000 per vehicle; expansion of public and private
plants, equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the 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, $3,568,851,000, 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, $700,000,000, 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 component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $77,516,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$9,513,048,000, to remain available for obligation until September 30,
2005.
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,
$14,886,381,000, 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 available 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,
$20,086,290,000, to remain available for obligation until September 30,
2005.
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, $18,774,428,000, to remain
available for obligation until September 30, 2005.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $304,761,000, to remain available for obligation
until September 30, 2005.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,449,007,000: Provided,
That during fiscal year 2004, funds in the Defense Working Capital
Funds may be used for the purchase of not to exceed 4 passenger motor
vehicles for replacement only for the Defense Logistics Agency.
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, $344,148,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components (that
is; engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso 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: Provided further, That, notwithstanding any other
provision of law, $8,500,000 of the funds available under this heading
shall be available in addition to other amounts otherwise available,
only to finance the cost of constructing additional sealift capacity.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by law,
$15,656,913,000, of which $14,918,791,000 shall be for Operation and
maintenance, of which not to exceed 2 percent shall remain available
until September 30, 2005, and of which not more than $7,420,972,000
shall be available for contracts entered into under the TRICARE
program; of which $327,826,000, to remain available for obligation
until September 30, 2006, shall be for Procurement; of which
$410,296,000, to remain available for obligation until September 30,
2005, shall be for Research, development, test and evaluation.
Chemical Agents and Munitions Destruction, Army
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the 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, $1,620,076,000, 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 evaluation to remain available until September
30, 2005; $119,815,000 shall be for military construction to remain
available until September 30, 2008: 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 Emergency
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 Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components 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, $832,371,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided 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 General
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 Management
Account, $165,390,000, 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,
$34,100,000 shall be transferred to the Department of Justice for the
National Drug Intelligence Center to support the Department of
Defense's counter-drug intelligence responsibilities, 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 computer exploitation of materials collected in Federal,
State, and local law enforcement activity associated with counter-drug,
counter-terrorism, and national security investigations and operations.
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 authorized 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 Department of Defense or
funds made available in this Act to the Department 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, 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 Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to 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 $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
C-130 aircraft;
F/A-18E and F engine;
F/A-18 aircraft;
E-2C aircraft; 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 appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of 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 Territories of the Pacific Islands and freely
associated states of Micronesia, 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
transportation 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 documentation
supporting the fiscal year 2005 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2005.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8011. 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 Appropriations.
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 components of the Army.
Sec. 8014. (a) None of the funds appropriated by this Act may be
used for converting to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense employees
unless the conversion is based on the results of a public-private
competition process that--
(1) applies the most efficient organization process except
to the performance of an activity or function involving 10 or
fewer employees (but prohibits any modification,
reorganization, division, or other change that is done for the
purpose of qualifying the activity or function for such
exception);
(2) provides no advantage to an offeror for a proposal to
save costs for the Department of Defense by offering employer-
sponsored health insurance benefits to workers to be employed
under contract for the performance of such activity or function
that are in any respect less beneficial to the workers than the
benefits provided for Federal employees under chapter 89 of
title 5, United States Code; and
(3) requires a determination regarding whether, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of (A) 10 percent of the most
efficient organization's personnel-related costs for
performance of that activity or function by Federal employees,
or (B) $10,000,000.
(b) The Secretary of Defense may, in the Secretary's discretion,
apply the tradeoff source selection public-private competition process
under Office of Management and Budget Circular A-76 to the performance
of services related to the design, installation, operation, or
maintenance of information technology (as defined in section 11101 of
title 40, United States Code).
(c)(1) This section does not apply to a conversion of an activity
or function of the Department of Defense to contractor performance if
the Secretary of Defense (A) determines in writing that compliance
would have a substantial adverse impact on the ability of the
Department of Defense to perform its national security missions, and
(B) publishes such determination in the Federal Register.
(2) This section and subsections (a), (b), and (c) of section 2461
of title 10, United States Code, do not apply with respect to the
performance of a commercial or industrial type activity or function
that--
(A) is on the procurement list established under section 2
of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or
(B) is planned to be converted to performance by--
(i) a qualified nonprofit agency for the blind or a
qualified nonprofit agency for other severely
handicapped (as such terms are defined in section 5 of
such Act (41 U.S.C. 48b); or
(ii) a commercial business at least 51 percent of
which is owned 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))).
(d) Nothing in this Act shall affect depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(e) The conversion of any activity or function of the Department of
Defense under the authority provided herein shall be credited toward
any competitive or outsourcing goal, target or measurement that may be
established by statute, regulation or policy and shall be deemed to be
awarded under the authority of and in compliance with Public Law 98-
369, Div. B, Title VII, sections 2723(a) and 2727(b) (codified at 10
U.S.C. 2304) for the competition or outsourcing of commercial
activities.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental 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 components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the 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 disabilities under subsection (d) of section 1079 of
title 10, United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary of Defense
because of medical or psychological circumstances of the patient that
are confirmed by a health professional who is not a Federal employee
after a review, pursuant to rules prescribed by the Secretary, which
takes into account the appropriate level of care for the patient, the
intensity of services required by the patient, and the availability of
that care.
Sec. 8018. Notwithstanding any other provision of law, during the
current fiscal year, the Secretary of Defense may, by executive
agreement, establish with host nation governments in NATO member states
a separate account into which such residual value amounts negotiated in
the return of United States military installations in NATO member
states may be deposited, in the currency of the host nation, in lieu of
direct monetary transfers to the United States Treasury: Provided, That
such credits may be utilized only for the construction of facilities to
support United States military forces in that host nation, or such real
property maintenance and base operating costs that are currently
executed through monetary transfers to such host nations: Provided
further, That the Department of Defense's budget submission for fiscal
year 2004 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property maintenance
or base 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 established 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 subcontractor at any tier that
makes a subcontract award to any subcontractor 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. Sec. 430,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items produced or
manufactured, in whole or in part by any subcontractor or supplier
defined in 25 U.S.C. Sec. 1544 or a small business owned and controlled
by an individual or individuals defined under 25 U.S.C. 4221(9):
Provided further, That businesses certified as 8(a) by the Small
Business Administration pursuant to section 8(a)(15) of Public Law 85-
536, as amended, shall have the same status as other program
participants under section 602 of Public Law 100-656, 102 Stat. 3825
(Business Opportunity 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
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans 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 nonprofit
agencies for the blind or other severely handicapped shall be afforded
the maximum practicable opportunity to participate as subcontractors
and suppliers in the performance of contracts let by the Department of
Defense.
(b) During the current fiscal year 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 subcontracting goal for any
purchases made from qualified nonprofit agencies for the blind or other
severely handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit 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. Of the funds made available in this Act, not less than
$24,758,000 shall be available for the Civil Air Patrol Corporation:
Provided, That funds identified for ``Civil Air Patrol'' under this
section are intended for and shall be for the exclusive use of the
Civil Air Patrol Corporation and not for the Air Force or any unit
thereof.
Sec. 8029. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
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 contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2004, not more than
6,450 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this 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.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$50,000,000.
Sec. 8030. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned 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 Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8031. For the purposes of this Act, the term ``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 Appropriations 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 competition 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 paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy 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 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 appropriation for
that fiscal year for salaries and expenses related to administrative
activities of the Department of Defense, the military departments, 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 provision of
law, the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States of
North Dakota, South Dakota, Montana, and Minnesota relocatable 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 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 subsection (b).
(d) Indian Tribe Defined.--In this section, the term ``Indian
tribe'' means any recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108
Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8040. During the current fiscal year, 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 investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2005 budget request for the Department of
Defense as well as all justification material and other documentation
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 budgeted for in a proposed
fiscal year 2005 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8042. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until 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 development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2005.
Sec. 8043. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
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 damage, 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 contracting 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 Congress
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 services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant 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
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
Sec. 8048. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to
lease real and personal property at Naval Air Facility, Adak, Alaska,
pursuant to 10 U.S.C. 2667(f), for commercial, industrial 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, 2002/2006'',
$55,000,000;
``Procurement of Ammunition, Army, 2003/2005'',
$36,000,000;
``Other Procurement, Air Force, 2003/2005'', $5,000,000;
``Procurement, Defense-Wide, 2003/2005'', $48,000,000;
``Research and Development, Defense-Wide, 2003/2004'',
$25,000,000;
``National Defense Sealift Fund'', $105,300,000.
Sec. 8050. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians 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 reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8051. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8052. During the current fiscal year, funds appropriated in
this Act are available to compensate members of the National Guard for
duty performed pursuant to a plan submitted by a Governor of a State
and approved by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance of such duty,
the members of the National Guard shall be under State command and
control: Provided further, That such duty shall be treated as full-time
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of
title 10, United States Code.
Sec. 8053. Funds appropriated in this Act for 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) aggregate: 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 facilities
below the September 30, 2003 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
Sec. 8055. (a) Limitation on Pentagon 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, construction, and installation of
equipment for the renovation of wedges 2 through 5 of the Pentagon
Reservation, cumulatively, will not exceed four times the total cost
for the planning, design, construction, and installation of equipment
for the renovation of wedge 1.
(b) Annual Adjustment.--For purposes of applying the limitation in
subsection (a), the Secretary shall adjust the cost for the renovation
of wedge 1 by any increase or decrease in costs attributable to
economic inflation, based on the most recent economic assumptions
issued by the Office of Management and Budget for use in preparation of
the budget of the United States under section 1104 of title 31, United
States Code.
(c) Exclusion of Certain Costs.--For purposes of calculating the
limitation in subsection (a), the total cost for wedges 2 through 5
shall not include--
(1) any repair or reconstruction cost incurred as a result
of the terrorist attack on the Pentagon that occurred on
September 11, 2001;
(2) any increase in costs for wedges 2 through 5
attributable to compliance with new requirements of Federal,
State, or local laws; and
(3) any increase in costs attributable to 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
certification under subsection (a), the Secretary shall report the
projected 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 requirement to make
an annual certification under subsection (a) shall apply until the
Secretary certifies to Congress that the renovation of the Pentagon
Reservation is completed.
Sec. 8056. Notwithstanding any other provision of law, that not
more than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8057. (a) None of the funds available to the Department of
Defense for any fiscal year for drug 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 appropriations law.
(transfer of funds)
Sec. 8058. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be 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: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in 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: 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.
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 nonreimbursable 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 appropriated in this
or any other Act or hereafter in any other Act.
Sec. 8063. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State (as defined in section 381(d) of title 10, United States Code)
which is not contiguous with another State and has an unemployment rate
in excess of the national average rate of unemployment as determined by
the Secretary of Labor, shall include a provision requiring the
contractor to employ, for the 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
requirements of this section, on a case-by-case basis, in the interest
of national security.
Sec. 8064. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who 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 committees, 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 of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of 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 Secretary for each guarantee
shall be paid by the country involved and shall not be financed as part
of a loan guaranteed by the United States: Provided further, That the
Secretary shall provide quarterly reports to the Committees on
Appropriations, Armed Services, and Foreign Relations of the Senate and
the Committees on Appropriations, Armed Services, and International
Relations in the House of Representatives on the implementation of this
program: Provided further, That amounts charged for administrative fees
and deposited to the special account provided for under section
2540c(d) of title 10, shall be available for paying the costs of
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 Johnston Atoll
for the purpose of storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition or agent of the United States
found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection (a)
during a period of war in which the United States is a party.
(including transfer of funds)
Sec. 8069. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such 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
appropriation 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
installation support functions, may be obligated at the time the
reimbursable order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and 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 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 requirements:
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.
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 propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on 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 technology
demonstration project may only be obligated 30 days after a report,
including a description of the project, the planned acquisition 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 this restriction on a case-by-
case basis by certifying to the congressional defense committees that
it is in the national interest to do so.
Sec. 8082. (a) Limitation on Availability of Funds for Office of
Under Secretary of Defense for Intelligence.--No funds appropriated or
otherwise made available by this Act for the Office of the Under
Secretary of Defense for Intelligence may be obligated or expended
until 30 days after the date on which the report referred to in
subsection (c) is submitted to Congress.
(b) Limitation on Availability of Funds for Clandestine Military
Activities.--No funds appropriated or otherwise made available by this
Act may be obligated or expended for clandestine military activities
until the date on which the report referred to in subsection (c) is
submitted to Congress.
(c) Report.--The report referred to in this subsection is the
report required to be submitted to Congress in the classified annex to
the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law
108-11).
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 attributable to official
Government travel arranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance accounts of the
Department of Defense which are current when the refunds are received.
Not more than $1,000,000 of the amount so credited may be available to
provide assistance to spouses and other dependents of deployed members
of the Armed Forces to defray the travel expenses of such spouses and
other dependents when visiting family members.
Sec. 8084. (a) Registering Financial Management Information
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 technology system as defined by the Under Secretary of
Defense (Comptroller).
(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 Milestone 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
congressional 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, Milestone B approval, or full
rate production approval, or their equivalent, within the Department of
Defense until the Chief Information Officer certifies, with respect to
that milestone, that the system is being developed in accordance with
the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief
Information Officer may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the congressional
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
Secretary 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
demilitarization 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 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 beverages
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 maximize Federal resources in the
provision of health care services by federally-funded health agencies,
applying telemedicine technologies. For the purpose of this
partnership, Native Hawaiians shall have the same status as other
Native Americans who are eligible for the health care services provided
by the Indian Health Service.
(b) The Department of Defense is authorized to develop a
consultation policy, consistent with Executive Order No. 13084 (issued
May 14, 1998), with Native Hawaiians for the purpose of assuring
maximum Native Hawaiian participation in the direction and
administration of governmental services so as to render those services
more responsive to the needs of the Native Hawaiian community.
(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 program.
(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
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, construction,
personal services, and operations related to projects described in
further detail in the Classified Annex accompanying the Department of
Defense Appropriations Act, 2004, consistent with the terms and
conditions set forth herein: 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 maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8092. Section 8106 of the Department of Defense Appropriations
Act, 1997 (titles I through VIII of the matter under subsection 101(b)
of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall
continue in effect to apply to disbursements that are made by the
Department of Defense in fiscal year 2004.
(including transfer of funds)
Sec. 8093. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'',
$154,800,000 shall be made available for the Arrow missile defense
program: Provided, That of this amount, $10,000,000 shall be available
for the purpose of continuing the Arrow System Improvement Program
(ASIP), and $80,000,000 shall be available for the purpose of producing
Arrow missile components in the United States and Arrow missile
components and missiles in Israel to meet Israel's defense
requirements, consistent with each nation's laws, regulations and
procedures: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations 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.
Sec. 8094. In addition to amounts provided in this Act, $90,000,000
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. 8095. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $635,502,000 shall be
available until September 30, 2004, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of Navy shall transfer such funds to the following
appropriations in the amount specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred:
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/04'':
LPD-17 Amphibious Transport Dock Ship
Program, $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
Program, $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
Program, $112,778,000.
Under the heading, ``Shipbuilding and Conversion,
Navy, 2001/04'':
DDG-51 Destroyer Program, $6,984,000;
New SSN, $62,372,000.
Sec. 8096. The Secretary of the Navy may settle, or compromise, and
pay any and all admiralty claims under 10 U.S.C. 7622 arising out of
the collision involving the U.S.S. GREENEVILLE and the EHIME MARU, in
any amount and without regard to the monetary limitations in
subsections (a) and (b) of that section: Provided, That such payments
shall be made from funds available to the Department of the Navy for
operation and maintenance.
Sec. 8097. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of 38
U.S.C. 7403(g) for occupations listed in 38 U.S.C. 7403(a)(2) as well
as the following:
Pharmacists, Audiologists, and Dental 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. 8098. Funds appropriated by this Act, or made available by
transfer of funds in this Act, for intelligence activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National 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. 8099. In addition to funds made available elsewhere in this
Act $5,500,000 is hereby appropriated and shall remain available until
expended to provide assistance, by grant or otherwise (such as, but not
limited to, the 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 available for the Department of Defense to
establish a non-profit trust fund to assist in the public-private
funding of public school repair and maintenance projects, or provide
directly to non-profit organizations who in return will use these
monies to provide assistance in the form of repair, maintenance, or
renovation to public school systems that have high concentrations of
special needs 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 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
reimbursable basis.
Sec. 8100. None of the funds in this Act may be used to initiate a
new start program without prior notification to the Office of Secretary
of Defense and the congressional defense committees.
Sec. 8101. Of the funds made available in this Act, not less than
$56,400,000 shall be available to maintain an attrition reserve force
of 18 B-52 aircraft, of which $3,800,000 shall be available from
``Military Personnel, Air Force'', $35,900,000 shall be available from
``Operation and Maintenance, Air Force'', and $16,700,000 shall be
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.
Sec. 8102. As an interim capability to enhance Army lethality,
survivability, and mobility for light and medium forces before complete
fielding of the Objective Force, the Army shall ensure that budgetary
and programmatic plans will provide for no fewer than six Stryker
Brigade Combat Teams to be fielded between 2003 and 2008.
Sec. 8103. Of the funds made available under the heading
``Operation and Maintenance, Air Force'', $8,000,000 shall be available
to realign railroad track on Elmendorf Air Force Base and Fort
Richardson.
(transfer of funds)
Sec. 8104. Of the amounts appropriated in Public Law 107-206 under
the heading ``Defense Emergency 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. 8105. Up to $3,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific
Missile Range Facility may be made available to contract for the
repair, maintenance, and 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 encroachment.
(transfer of funds)
Sec. 8106. In addition to the amounts appropriated or otherwise
made available in this Act, $24,000,000, to remain available until
September 30, 2004, is hereby appropriated to the Department of
Defense: Provided, That the Secretary of Defense shall make grants in
the amount of $5,000,000 to the American Red Cross for Armed Forces
Emergency Services; $10,000,000 for the Fort Benning Infantry Museum;
$2,500,000 to the National Guard Youth Foundation; $3,000,000 to the
Chicago Park District for renovation of the Broadway Armory; and
$3,500,000 to the National D-Day Museum.
Sec. 8107. None of the funds appropriated in this Act under the
heading ``Overseas Contingency Operations Transfer Account'' may be
transferred or obligated for Department of Defense expenses not
directly related to the conduct of overseas contingencies: Provided,
That the Secretary of Defense shall submit a report no later than 30
days after the end of each fiscal quarter to the Committees on
Appropriations of the Senate and House of Representatives that details
any transfer of funds from the ``Overseas Contingency Operations
Transfer Fund'': Provided further, That the report shall explain any
transfer for the maintenance of real property, pay of civilian
personnel, base operations support, and weapon, vehicle or equipment
maintenance.
Sec. 8108. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior year,
and the 1 percent limitation shall apply to the total amount of the
appropriation.
Sec. 8109. The budget of the President for fiscal year 2005
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, and each annual budget request thereafter, shall include
separate budget justification documents for costs of United States
Armed Forces' participation in contingency operations for the Military
Personnel accounts, the Overseas Contingency Operations Transfer
Account, the Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these budget justification documents shall
include a description of the funding requested for each anticipated
contingency operation, for each military service, to include active
duty and Guard and Reserve components, and for each appropriation
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 ongoing contingency operations, and
programmatic data including, but not limited to troop strength for each
active duty and Guard and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and
OP-32, as defined in the Department of Defense Financial Management
Regulation, for the Overseas Contingency Operations Transfer Account
for fiscal years 2003 and 2004.
Sec. 8110. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8111. Of the amounts appropriated in this Act under the
headings ``Research, Development, Test and Evaluation, Navy'' and
``Operation and Maintenance, Defense-Wide'' $65,200,000 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. 8112. During the current fiscal year, section 2533a(f) of
Title 10, United States Code, shall not apply to any fish, shellfish,
or seafood product. This section is applicable to contracts and
subcontracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C.
430).
Sec. 8113. 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. 8114. Funds available to the Department of Defense under the
heading ``Research, Development, Test and Evaluation, Defense-Wide''
for the Missile Defense Agency may be used for the development and
fielding of an initial set of missile defense capabilities.
Sec. 8115. Of the amounts provided in title II of this Act under
the heading, ``Operation and Maintenance, 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 civilian
officials whose participation directly contributes to the education and
training of these foreign students.
Sec. 8116. Up to $2,000,000 of the funds appropriated by this Act
under the heading, ``Operation and 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 available for the same purposes and for the same time
period as that appropriation account.
Sec. 8117. Designation of America's National World War II Museum.
(a) Findings.--Congress makes the following findings:
(1) The National D-Day Museum, operated in New Orleans,
Louisiana by an educational 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
interpreting 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 preeminent
American historian, Stephen E. Ambrose, as a result of a
conversation with President Dwight D. Eisenhower in 1963, when
the President and former Supreme Commander, Allied
Expeditionary Forces in Europe, credited Andrew Jackson
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
preserve the stories, artifacts, and heroic achievements of
that generation.
(6) The United States has a need to preserve forever the
knowledge and history of the Nation's most decisive achievement
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
knowledge 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 invasion, 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 aggression by would-be
oppressors is preserved so that future generations 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 software
of The National D-Day Museum's educational program will be made
available to the teachers and school children of every State,
commonwealth, and territory.
(17) The National D-Day Museum is an official Smithsonian
affiliate institution with a formal agreement to borrow
Smithsonian artifacts for future exhibitions.
(18) Le Memorial de Caen in Normandy, France has formally
recognized The National D-Day Museum as its official partner in
a Patriotic Alliance signed on October 16, 2002, by both
museums.
(19) The official Battle of the Bulge museums in Luxembourg
and the American Battlefield Monuments Commission are already
collaborating with The 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 histories 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
generations in the 21st century and beyond.
(c) Designation of ``America's National World War II Museum''.--The
National D-Day Museum, New Orleans, Louisiana, is designated as
``America's National World War II Museum''.
Sec. 8118. Native American Veteran Housing Loans. (a) Title I of
Division K of the Consolidated 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. 8119. 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'', $3,157,000,000 are
hereby rescinded.
Sec. 8120. (a) Limitation on Use of Funds for Research and
Development on Terrorism Information Awareness Program.--
Notwithstanding any other provision of law, no funds appropriated or
otherwise made available to the Department of Defense, whether to an
element of the Defense Advanced Research Projects Agency or any other
element, or to any other department, agency, or element of the Federal
Government, may be obligated or expended on research and development on
the Terrorism Information Awareness program.
(b) Limitation on Deployment of Terrorism Information Awareness
Program.--(1) Notwithstanding any other provision of law, if and when
research and development on the Terrorism Information Awareness
program, or any component of such program, permits the deployment or
implementation of such program or component, no department, agency, or
element of the Federal Government may deploy or implement such program
or component, or transfer such program or component to another
department, agency, or element of the Federal Government, until the
Secretary of Defense--
(A) notifies Congress of that development, including a
specific and detailed description of--
(i) each element of such program or component
intended to be deployed or implemented; and
(ii) the method and scope of the intended
deployment or implementation of such program or
component (including the data or information to be
accessed or used); and
(B) has received specific authorization by law from
Congress for the deployment or implementation of such program
or component, including--
(i) a specific authorization by law for the
deployment or implementation of such program or
component; and
(ii) a specific appropriation by law of funds for
the deployment or implementation of such program or
component.
(2) The limitation in paragraph (1) shall not apply with respect to
the deployment or implementation of the Terrorism Information Awareness
program, or a component of such program, in support of the following:
(A) Lawful military operations of the United States
conducted outside the United States.
(B) Lawful foreign intelligence activities conducted wholly
against non-United States persons.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the Terrorism Information Awareness program should not
be used to develop technologies for use in conducting
intelligence activities or law enforcement activities against
United States persons without appropriate consultation with
Congress or without clear adherence to principles to protect
civil liberties and privacy; and
(2) the primary purpose of the Defense Advanced Research
Projects Agency is to support the lawful activities of the
Department of Defense and the national security programs
conducted pursuant to the laws assembled for codification
purposes in title 50, United States Code.
(d) Definitions.--In this section:
(1) Terrorism information awareness program.--The term
``Terrorism Information Awareness program''--
(A) means the components of the program known
either as Terrorism Information Awareness or Total
Information Awareness, any related information
awareness program, or any successor program under the
Defense Advanced Research Projects Agency or another
element of the Department of Defense; and
(B) includes a program referred to in subparagraph
(1), or a component of such program, that has been
transferred from the Defense Advanced Research Projects
Agency or another element of the Department of Defense
to any other department, agency, or element of the
Federal Government.
(2) Non-united states person.--The term ``non-United States
person'' means any person other than a United States person.
(3) United states person.--The term ``United States
person'' has the meaning given that term in section 101(i) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(i)).
Sec. 8121. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $125,000,000
to limit excessive growth in the procurement of advisory and assistance
services, to be distributed as follows:
``Operation and Maintenance, Defense-Wide'', $45,000,000;
``Research, Development, Test and Evaluation, Navy'',
$40,000,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', $40,000,000:
Provided, That these reductions shall be applied proportionally to each
budget activity, activity group and subactivity group and each program,
project, and activity within each appropriation account.
Sec. 8122. None of the funds appropriated in this Act shall be used
to study, demonstrate, or implement any plans privatizing, divesting or
transferring of any Civil Works missions, functions, or
responsibilities for the United States Army Corps of Engineers to other
government agencies without specific direction in a subsequent Act of
Congress.
Sec. 8123. None of the funds provided in this Act may be used to
pay any fee charged by the Department of State for the purpose of
constructing new United States diplomatic facilities.
Sec. 8124. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Air Force'',
up to $4,000,000 may be available for cost effective composite
materials for manned and unmanned flight structures (PE#0602103F).
Sec. 8125. Of the total amount appropriated by title IV under the
heading ``Research, Development, Test and Evaluation, Army'', up to
$3,000,000 may be used for the Broad Area Unmanned Responsive Resupply
Operations aircraft program.
Sec. 8126. Of the total amount appropriated by title II under the
heading ``Operation and Maintenance, Navy'' for civilian manpower and
personnel management, up to $1,500,000 may be used for Navy Pilot Human
Resources Call Center, Cutler, Maine.
Sec. 8127. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Navy'', up
to $4,000,000 may be available for Navy Integrated Manufacturing
Development.
Sec. 8128. Amounts appropriated by this Act may be used for the
establishment and support of 12 additional Weapons of Mass Destruction
Civil Support Teams, as follows:
(1) Of the amount appropriated by title II under the
heading ``Operation and Maintenance, Army'', up to $23,300,000.
(2) Of the amount appropriated by title II under the
heading ``Operation and Maintenance, Army National Guard'', up
to $16,000,000.
(3) Of the amount appropriated by title III under the
heading ``Other Procurement, Army'', up to $25,900,000.
(4) Of the amount appropriated by title IV under the
heading ``Research, Development, Test and Evaluation, Defense-
Wide'', up to $1,000,000.
Sec. 8129. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Defense-
Wide'', up to $2,000,000 may be available for the development of
integrated systems analysis capabilities for bioterrorism response
exercises.
Sec. 8130. Of the amount appropriated by title III under the
heading ``Procurement, Marine Corps'', up to $1,500,000 may be used for
the procurement of highly versatile nitrile rubber collapsible storage
units.
Sec. 8131. Of the appropriated by title IV of this Act under the
heading ``Research, Development, Test, and Evaluation, Navy'', up to
$3,000,000 may be available for Marine Corps Communications Systems
(PE#0206313M) for Critical Infrastructure Protection.
Sec. 8132. Of the total amount appropriated by title III under the
heading ``Other Procurement, Army'', up to $1,500,000 may be used for
the procurement of TSC-750 computer systems.
Sec. 8133. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Navy'', up
to $1,000,000 may be available for Combat Systems Integration
(PE#0603582N) for the Trouble Reports Information Data Warehouse.
Sec. 8134. Of the amount appropriated by title II of this Act under
the heading ``Operation and Maintenance, Navy'', up to $2,000,000 may
be available for night vision goggles in advanced helicopter training.
Sec. 8135. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Defense-
Wide'', up to $3,000,000 may be available for the Long Range Biometric
Target Identification System.
Sec. 8136. Of the total amount appropriated by title IV under the
heading ``Research, Development, Test, and Evaluation, Defense-Wide'',
up to $2,500,000 may be used for the study of geospatial visualization
technologies.
Sec. 8137. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Navy'', up
to $4,000,000 may be available for High Speed Anti-Radiation
Demonstration Airframe/Propulsion Section (PE#0603114N).
Sec. 8138. Of the total amount appropriated by title IV under the
heading ``Research and Development, Defense-Wide'', up to $3,500,000
may be used for National Consortia on MASINT Research for program
element number 0305884L.
Sec. 8139. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Army'', up
to $3,500,000 may be available for the Medical Vanguard Project to
expand the clinical trial of the Internet-based diabetes management
system under that project.
Sec. 8140. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Defense-
Wide'', up to $800,000 may be available for the Tulane Center for
Missile Defense, Louisiana.
Sec. 8141. Of the amount appropriated by title III of this Act
under the heading ``Defense Production Act Purchases'', up to
$3,000,000 may be available for a Flexible Aerogel Material Supplier
Initiative to develop affordable methods and a domestic supplier of
military and commercial aerogels.
Sec. 8142. In Recognition of the National Guard and Reserve's
Contributions to Our National Security and Expressing Strong Support
for the Senate's Previous Bipartisan Vote To Provide These Forces
Access to TRICARE. (a) Findings.--The Senate makes the following
findings:
(1) Forces in the United States National Guard and Reserve
have made and continue to make essential and effective
contributions to Operation Iraqi Freedom and other ongoing
military operations.
(2) More than 200,000 Reserve personnel from the Army,
Navy, Air Force, Marine Corps, and Coast Guard are currently
serving their Nation on active status.
(3) Our dependence on the National Guard and Reserve has
increased dramatically over the course of the past decade.
Annual duty days have grown from about 1 million in the late
1980s to more than 12 million in every year since 1996.
(4) While our dependence on the Reserves has increased in
the post-Cold War era, their basic pay and benefits structure
has remained largely unchanged.
(5) Offering TRICARE to reservists for an affordable
monthly premium enhances our national security by improving
their medical readiness when called to duty, streamlining and
accelerating the mobilization process, and enhancing our
military's ability to recruit and retain qualified personnel to
reserve duty.
(6) The Congressional Budget Office, the official,
nonpartisan scorekeeper of all congressional legislation, has
estimated the cost of this proposal at just over one-tenth of
one percent of the Administration's fiscal year 2004 defense
budget request.
(7) On May 20, 2003, a strong majority of Senate Democrats
and Republicans joined together and voted 85-10 for an
amendment to the fiscal year 2004 Defense authorization bill to
provide reserve personnel and their families access to TRICARE
regardless of their current deployment status.
(8) The Appropriations Committee indicated in its report
accompanying the fiscal year 2004 Defense appropriations bill
that it supports this proposal.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the National Guard and Reserve play a critical and
increasingly demanding role in protecting our national
security; and
(2) the Senate supports the Appropriations Committee
position as articulated in the report accompanying the fiscal
year 2004 Defense appropriations bill and affirms its support
for providing Guard and Reserve personnel access to TRICARE.
Sec. 8143. (a) The Secretary of Defense--
(1) shall review--
(A) all 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) any memoranda of understanding and related
agreements 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) any 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
arrangements, memoranda of understanding, and agreements on the
effectiveness of buy American requirements provided in law.
(b) The Secretary shall submit a report on the results of the
review under subsection (a) to Congress not later than March 1, 2005.
The report shall include a discussion of each of the following:
(1) The effects of the contractual offset 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 defense industrial base
of the United States and would result in substantial financial
loss to a United States firm.
(3) The extent to which the use of such contractual offset
arrangements is consistent with--
(A) the limitation in section 2531(c) of title 10,
United States Code, that prohibits implementation of a
memorandum of understanding and related agreements if
the President, taking into consideration the results of
the interagency review, determines that such memorandum
of understanding or related agreement has or is likely
to have a significant adverse effect on United States
industry that outweighs the benefits of entering into
or implementing such memorandum or agreement; and
(B) the requirements under section 2534(d) of such
title that--
(i) a waiver granted under such section not
impede cooperative programs entered into
between the Department of Defense and a foreign
country and not impede the reciprocal
procurement of defense items that is entered
into in accordance with section 2531 of such
title; and
(ii) the country with respect to which the
waiver is granted not discriminate against
defense items produced in the United States to
a greater degree than the United States
discriminates against defense items produced in
that country.
(c) The Secretary--
(1) shall submit to the President any recommendations
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 appropriate to strengthen the administration buy
American requirements in law; and
(2) may modify memoranda of understanding or related
agreements entered into under section 2531 of title 10, United
States Code, or take other action with regard to such memoranda
or related agreements, as the Secretary considers appropriate
to strengthen the administration buy American requirements in
law in the case of procurements covered by such memoranda or
related agreements.
Sec. 8144. It is the sense of the Senate that--
(1) any request for funds for a fiscal year for an ongoing
overseas military operation, including operations in
Afghanistan and Iraq, should be included in the annual budget
of the President for such fiscal year as submitted to Congress
under section 1105(a) of title 31, United States Code; and
(2) any funds provided for such fiscal year for such a
military operation should be provided in appropriations Acts
for such fiscal year through appropriations to specific
accounts set forth in such Acts.
Sec. 8145. Of the amount appropriated by title II of this Act under
the heading ``Operation and Maintenance, Army Reserve'', up to
$2,000,000 may be available for a Software Engineering Institute
Information Assurance Initiative.
Sec. 8146. Of the amount appropriated by title II under the heading
``Operation and Maintenance, Defense-Wide'', up to $10,000,000 may be
used for civil-military programs and the Innovative Readiness Training
(IRT) Program.
Sec. 8147. Of the total amount appropriated by title III under the
heading ``Missile Procurement, Air Force'', up to $10,000,000 may be
used for assured access to space in addition to the amount available
under such heading for the Evolved Expendable Launch Vehicle.
Sec. 8148. Study Regarding Mail Delivery in the Middle East. (a)
Study.--The Comptroller General of the United States shall conduct a
review of the delivery of mail to troops in the Middle East and the
study should:
(1) Determine delivery times, reliability, and losses for
mail and parcels to and from troops 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. 8149. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Air Force'',
up to $4,000,000 may be available for adaptive optics research.
Sec. 8150. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Navy'', up
to $1,000,000 may be available for the completion of the Rhode Island
Disaster Initiative.
Sec. 8151. Of the amount appropriated by title I of this Act for
military personnel, up to $8,000,000 may be available for the costs
during fiscal year 2004 of an increase in the amount of the death
gratuity payable with respect to members of the Armed Forces under
section 1478 of title 10, United States Code, from $6,000 to $12,000.
Sec. 8152. Of the amount appropriated by title II of this Act under
the heading ``Shipbuilding and Conversion, Navy'', up to $20,000,000
may be available for DIG-51 modernization planning.
Sec. 8153. Of the total amount appropriated by title II under the
heading ``Operation and Maintenance, Army'', up to $4,000,000 may be
used for the Army Museum of the Southwest at Ft. Sill, Oklahoma.
Sec. 8154. No funds appropriated or otherwise made available by
this Act may be obligated or expended for the purpose of privatizing,
or transferring to another department or agency of the Federal
Government, any prison guard function or position at the United States
Disciplinary Barracks at Fort Leavenworth, Kansas, until 30 days after
the date on which the Secretary of the Army submits to the
congressional defense committees a plan for the implementation of the
privatization or transfer of such function or position.
Sec. 8155. Of the total amount appropriated by title II under the
heading ``Operation and Maintenance, Marine Corps'', up to $6,000,000
may be used for the purchase of HMMWV tires.
Sec. 8156. (a) Availability of Certain Personnel Amounts.--Of the
amount appropriated by title I of this Act under the heading ``National
Guard Personnel, Army'', up to $2,500,000 may be available for Lewis
and Clark Bicentennial Commemoration Activities.
(b) Availability of Certain Operation and Maintenance Amounts.--Of
the amount appropriated by title II of this Act under the heading
``Operation and Maintenance, Army National Guard'', up to $1,500,000
may be available for Lewis and Clark Bicentennial Commemoration
Activities.
Sec. 8157. (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 committee of Congress
referred to in that subsection.
(b) Report on Navy and Marine Corps Tactical Aviation
Requirements.--(1) Not later than twelve months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Appropriations of the Senate a report
on the requirements of the Navy and the Marine Corps for tactical
aviation, including mission requirements, 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 Corps, and related personnel
requirements, for the 10-year period beginning on the date of the
report.
Sec. 8158. Of the amount appropriated by title III of this Act
under the heading ``Procurement, Defense-Wide'', up to $20,000,000 may
be available for procurement of secure cellular telephones for the
Department of Defense and the elements of the intelligence community.
Sec. 8159. Of the amount appropriated by title III of this Act
under the heading ``Research, Development, Test and Evaluation, Army'',
up to $5,000,000 may be available to support Shortstop Electronic
Protection Systems (SEPS) research and development efforts.
Sec. 8160. 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 personnel. 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. 8161. Of the total amount appropriated by title IV under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'',
up to $3,000,000 may be used for Project Ancile.
Sec. 8162. Of the total amount appropriated by title IV under the
heading ``Research, Development, Test and Evaluation, Army'', up to
$2,000,000 may be used for Knowledge Management Fusion.
Sec. 8163. Of the amount appropriated by title IV of this Act under
the heading ``Research, Development, Test, and Evaluation, Army'', up
to $3,000,000 may be available for the Large Energy National Shock
Tunnel (LENS).
Sec. 8164. In addition to amounts provided in this Act for Ultra-
low Power Battlefield Sensor System, up to an additional $7,000,000 may
be used from the total amount appropriated by title IV ``Research,
Development, Test, and Evaluation, Defense-Wide'', for Ultra-low Power
Battlefield Sensor System.
Sec. 8165. (a) Findings.--The Senate makes the following findings:
(1) If a terrorist group were to acquire the necessary
fissile material for a nuclear explosive device, it would not
be difficult for the group to construct such a device, the
explosion of which could kill and injure thousands, or even
hundreds of thousands, of people and destroy a large area of a
city.
(2) If a terrorist group were to acquire a complete nuclear
weapon from a nation which has constructed nuclear weapons, it
is likely that the group would be able to detonate the device
with similar results.
(3) A nation supplying either complete nuclear weapons or
special nuclear material to terrorists might believe that it
could escape retaliation by the United States, as the United
States would not be able to determine the origin of either a
weapon or its fissile material.
(4) It is possible, however, to determine the country of
origin of fissile material after a nuclear explosion, provided
that samples of the radioactive debris from the explosion are
collected promptly and analyzed in appropriate laboratories.
(5) If radioactive debris is collected soon enough after a
nuclear explosion, it is also possible to determine the
characteristics of the nuclear explosive device involved, which
information can assist in locating and dismantling other
nuclear devices that may threaten the United States.
(6) If countries that might contemplate supplying nuclear
weapons or fissile material to terrorists know that their
assistance can be traced, they are much less likely to allow
terrorists access to either weapons or material.
(7) It is in the interest of the United States to acquire a
capability to collect promptly the debris from a nuclear
explosion that might occur in any part of the Nation.
(b) Sense of the Senate on Nuclear Debris Collection and Analysis
Capability.--It is the sense of the Senate that--
(1) the Secretary of Defense should develop and deploy a
nuclear debris collection and analysis capability sufficient to
enable characterization of any nuclear device that might be
exploded in the United States;
(2) the capability should incorporate airborne debris
collectors, either permanently installed on dedicated aircraft
or available for immediate use on a class of aircraft,
stationed so that a properly equipped and manned aircraft is
available to collect debris from a nuclear explosion anywhere
in the United States and transport such debris to an
appropriate laboratory in a timely fashion; and
(3) to the maximum extent practicable, the capability
should be compatible with collection and analysis systems used
by the United States to characterize overseas nuclear
explosions.
(c) Report.--Not later than March 31, 2004, the Secretary of
Defense shall submit to the congressional defense committees a report
on the feasibility of developing and deploying the capability described
in subsection (b)(1).
Sec. 8166. Of the amount appropriated by title II of this Act under
the heading ``Operation and Maintenance, Army'' up to $15,000,000 may
be made available for upgrades of M1A1 Abrams tank transmissions.
Sec. 8167. Of the total amount appropriated by title II of this Act
under the heading ``Operations and Maintenance, Army'', up to
$2,000,000 may be used to promote civil rights education and history in
the Army.
Sec. 8168. Reports on Safety Issues Due to 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 Comptroller 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
subcontractors; and
(2) the oversight of prime contractors by the Department,
the accountability of prime contractors for overseeing
subcontractors, and the use of enforcement mechanisms by the
Department.
Sec. 8169. Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress, in
writing, a report on contracts for reconstruction and other services in
Iraq that are funded in whole or in part with funds available to the
Department of Defense. The report shall detail--
(1) the process and standards for designing and awarding
such contracts, including assistance or consulting services
provided by contractors in that process;
(2) the process and standards for awarding limited or sole-
source contracts, including the criteria for justifying the
awarding of such contracts;
(3) any policies that the Secretary has implemented or
plans to implement to provide for independent oversight of the
performance by a contractor of services in designing and
awarding such contracts;
(4) any policies that the Secretary has implemented or
plans to implement to identify, assess, and prevent any
conflict of interest relating to such contracts for
reconstruction;
(5) any policies that the Secretary has implemented or
plans to implement to ensure public accountability of
contractors and to identify any fraud, waste, or abuse relating
to such contracts for reconstruction;
(6) the process and criteria used to determine the
percentage of profit allowed on cost-plus-a-fixed-fee contracts
for reconstruction or other services in Iraq; and
(7) a good faith estimate of the expected costs and
duration of all contracts for reconstruction or other services
in Iraq.
Sec. 8170. Of the amount appropriated by title III of this Act
under the heading ``Aircraft Procurement, Air Force'', up to
$19,700,000 may be available for C-5 aircraft in-service modifications
for the procurement of additional C-5 aircraft Avionics Modernization
Program (AMP) kits.
Sec. 8171. (a) Report on Establishment of Police and Military
Forces in Iraq.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Secretary of State, submit to the appropriate committees of
Congress a report on the establishment of police and military forces in
all of the 18 provinces of Iraq, including--
(1) the costs incurred by the United States in establishing
Iraqi police and military units;
(2) a schedule for the completion of the establishment of
Iraqi police and military units;
(3) an assessment of the effect of the ongoing creation and
final establishment of Iraqi police and military units on the
number of United States military personnel required to be
stationed in Iraq;
(4) an assessment of the effect of the establishment of an
Iraqi police force on the safety of United States military
personnel stationed in Iraq; and
(5) an assessment of the effectiveness of the Iraqi police
force, as so established, in preventing crime and insuring the
safety of the Iraq people.
(b) Updates.--Not later than 120 days after the date of the
submittal of the report required by subsection (b), and every 120 days
thereafter, the Secretary of Defense shall, in coordination with the
Secretary of State, submit to the appropriate committees of Congress an
update of such report.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services, and
International Relations of the House of Representatives.
Sec. 8172. Section 8149(b) of the Department of Defense
Appropriations 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.''.
TITLE IX--SETTLEMENT OF CLAIMS FOR SLAVE LABOR FOR JAPANESE COMPANIES
DURING WORLD WAR II
SEC. 901. PAYMENT OF COMPENSATION TO FORMER PRISONERS OF WAR FOR FORCED
OR SLAVE LABOR FOR JAPANESE COMPANIES DURING WORLD WAR
II.
(a) Payment of Compensation Required.--Subject to the availability
of appropriations the Secretary of Defense shall pay to each surviving
former prisoner of war compensation as provided in subsection (b).
(b) Compensation.--The compensation to be paid under subsection (a)
is as follows: In the case of a living former prisoner of war, to the
living former prisoner of war in the amount of $10,000.
(c) Identification of Individuals as Former Prisoners of War.--(1)
An individual seeking compensation under this section shall submit to
the Secretary of Defense an application therefor containing such
information as the Secretary shall require. Only one application shall
be submitted with respect to each individual seeking treatment as a
former prisoner of war for purposes of this section.
(2) The Secretary shall take such actions as the Secretary
considers appropriate to identify and locate individuals eligible for
treatment as former prisoners of war for purposes of this section.
(d) Treatment as Former Prisoner of War.--(1) Subject to paragraph
(3), the Secretary of Defense shall treat an individual as a former
prisoner of war if--
(A) the name of the individual appears on any official list
of the Imperial Government of Japan, or of the United States
Government, as having been imprisoned at any time during World
War II in a camp in Japan or territories occupied by Japan
where individuals were forced to provide labor; or
(B) evidence otherwise demonstrates that the individual is
entitled to treatment as a former prisoner of war.
(2) Any reasonable doubt under this subsection shall be resolved in
favor of the claimant.
(3) The treatment of an individual as a former prisoner of war
under paragraph (1) shall be rebutted only by clear and convincing
evidence.
(e) Timing of Payment.--The Secretary of Defense shall pay
compensation to a former prisoner of war, under subsection (a) not
later than 30 days after determining that compensation is payable to or
on behalf of the former prisoner of war under this section.
(f) Priority in Payments.--The Secretary of Defense shall complete
the processing of applications under this section in a manner that
provides, to the maximum extent practicable, for the payment of
compensation to former prisoners of war during their natural lives,
with payments prioritized based on age and health of the claimant.
(g) Funding.--(1) From funds available otherwise in this Act up to
$49,000,000 may be made available to carry out this title.
(2) The amount made available by paragraph (1) shall remain
available for obligation and expenditure during the two-year period
beginning on October 1, 2003.
(3) Any amounts made available by paragraph (1) that have not been
obligated as of September 30, 2005, shall revert to the Treasury as of
that date.
SEC. 903. DEFINITIONS.
In this title:
(1) Former prisoner of war.--The term ``former prisoner of
war'' means any individual who--
(A) was a member of the Armed Forces of the United
States, a civilian employee of the United States, or an
employee of a contractor of the United States during
World War II;
(B) served in or with the United States combat
forces during World War II;
(C) was captured and held as a prisoner of war or
prisoner by Japan in the course of such service; and
(D) was required by one or more Japanese companies
to perform forced or slave labor during World War II.
(2) Japanese company.--The term ``Japanese company''
means--
(A) any business enterprise, corporation, company,
association, partnership, or sole proprietorship having
its principal place of business within Japan or
organized or incorporated under the laws of Japan or
any political subdivision thereof; and
(B) any subsidiary or affiliate of an entity in
Japan, as described in subparagraph (A), if controlled
in fact by the entity, whether currently incorporated
or located in Japan or elsewhere.
(3) World war ii.--The term ``World War II'' means the
period beginning on December 7, 1941, and ending on August 8,
1945.
This Act may be cited as the ``Department of Defense Appropriations
Act of 2004''.
Attest:
Secretary.
108th CONGRESS
1st Session
H. R. 2658
_______________________________________________________________________
AMENDMENT