Congressional Record, Volume 149 Issue 99 (Tuesday, July 8, 2003)

[Congressional Record Volume 149, Number 99 (Tuesday, July 8, 2003)]
[House]
[Pages H6276-H6303]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2004

The SPEAKER pro tempore. Pursuant to the order of the House of
Thursday, June 26, 2003, and rule XVIII, the Chair declares the House
in the Committee of the Whole House on the State of the Union for the
consideration of the bill, H.R. 2658.

{time} 1208

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 2658) making appropriations for the Department of Defense for the
fiscal year ending September 30, 2004 and for other purposes, with Mr.
Camp in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the order of the House of Thursday, June
26, 2003, the bill is considered as having been read the first time.
The gentleman from California (Mr. Lewis) and the gentleman from
Pennsylvania (Mr. Murtha) each will control 30 minutes.
The Chair recognizes the gentleman from California (Mr. Lewis).
Mr. LEWIS of California. Mr. Chairman, I yield myself such time as I
may consume.
First, I appreciate very much having the opportunity to share this
time with the gentleman from Pennsylvania (Mr. Murtha). I am very
pleased today to bring before the House the 2004 defense appropriations
bill. It is a bill that reflects very much the direction of the
Commander-in-Chief as well as the Department of Defense regarding the
war on terrorism that we are pursuing in the Middle East at this point,
but also recognizing its great threat around the world.
The bill itself is a very, very good bill that I highly commend to
the Members, Mr. Chairman. I must say that in terms of its allocation,
I am a bit disappointed, for the bill before us is in the neighborhood
of $3 billion below the President's request. But having said that, we
did provide some reallocation that helps some of our other bills, and
in the meantime, we are doing all we can to recoup some of those
dollars by way of other venues.
Having said that, the bill is a very balanced bill, and we have made
every effort to reflect the will of the House as well as the needs of
our men and women who are representing us so well around the world.
Before going on and commenting briefly about the bill, I want to
express my deep appreciation to my colleague from Pennsylvania (Mr.
Murtha), who works hand in glove with me in developing this bill,
always, but particularly in this very difficult year with the
challenges we face in the world.
Mr. Chairman, I must say that this work would not have been able to
have

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been carried forward in this timely fashion without the help of our
very fine staff, Kevin Roper particularly, on my side, and a variety
and mix of other fine staff members. I will let the gentleman from
Pennsylvania talk about his fantastic staff on his own.
But in the meantime, rather than going into great deal about the bill
at this point in time, let me say that we have made every effort to
fully fund the personnel needs that we face in this challenging world,
such as a modest pay raise for our men and women who make up our
forces, and funding the health care programs that are so vital to their
needs, as well as their housing challenges.
We are also providing funding to make certain as we go about being
successful in this war on terrorism we also are laying the foundation
for America's leading the world in a way that will preserve peace for
all of us.
At this point, Mr. Chairman, I would like to insert the following
tabular summary of the bill.

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Mr. Chairman, I reserve the balance of my time.
Mr. MURTHA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is a completely bipartisan bill, as the Chairman
mentioned. Staff has worked diligently on working the details. We have
worked with all the Members. We spent a lot of time asking Members for
their input. We got a lot more input than we could afford, but we have
done the best we could do with the amount that we had.
Mr. Chairman, I yield back the balance of my time.
Mr. LEWIS of California. Mr. Chairman, I yield 1 minute to the
gentleman from Florida (Mr. Young), chairman of the full committee.
Mr. YOUNG of Florida. Mr. Chairman, I just rise in strong support of
this bill and to compliment the chairman of the subcommittee, the
gentleman from California (Mr. Lewis) and the ranking member, the
gentleman from Pennsylvania (Mr. Murtha).
Mr. Chairman, when they mentioned the ability of the staff, they are
exactly right. This bill, while it is nearly half of all discretionary
spending, is not half of all government spending, because mandatories
take up two-thirds of the spending. But this bill is half of the
discretionary spending, and this subcommittee does a tremendous job in
allocating it in a proper way.
I am just in very strong support of this, and I compliment the
leadership of the subcommittee.
Mr. CAPUANO. Mr. Chairman, I would like to commend the House
Appropriations Defense Subcommittee Chairman and Ranking Democrat for
their leadership in bringing this bill to the House Floor.
I would like to express my appreciation for the continued funding of
the Joint Diabetes Project in Army RDT&E, Medical Advanced Technology.
This project, a collaborative effort of DOD, VA and Joslin Diabetes
Center, is bringing advanced, state of the art diabetes detection, care
and prevention to large portions of the DOD and VA patient populations.
The Joslin Vision Network, enhanced by the Comprehensive Diabetes
Management Program, has been proven to reduce costs while providing
improved care.
Ms. LEE. Mr. Chairman, I rise today in opposition to this bill.
National defense is important to all of us. This bill, however, will
neither ensure our defense nor promote the general welfare, two of the
central obligations of this government.
At over $368 billion, this bill expends scarce resources in Cold War
era weapons systems. It spends another $9 billion on missile defense, a
17-percent increase over last year. This represents another heavy
installment on what may be a bottomless pit of spending.
This spending comes at real costs. To put this in perspective, last
year, according to the National Priorities Project, the people of
California paid $859 million in tax dollars that were spent on missile
defense.
That money could have paid to allow another 106,000 children to
enroll in Head Start. It could have extended healthcare coverage to
nearly half a million children. It could have created over 12,000 new
units of affordable housing. Or it could have hired nearly 15,000
elementary school teachers.
And this year we are spending 17 percent more. That's a misplaced
priority. And it is not the ticket to national security.
Mr. WICKER. Mr. Chairman, I rise in support of this bill and would
like to take a quick moment to compliment the work done by the Defense
Appropriations subcommittee. As a new member of this subcommittee, I
have been thoroughly impressed by the professional and unified way in
which this committee conducts its difficult responsibilities. My
chairman, Mr. Lewis, Ranking Member Murtha, and their staffs are to be
commended on the difficult work of putting together a fair and balanced
bill, while being under such a tight allocation constraint.
I would like to call attention to an item in the Defense Health
Programs that I believe is noteworthy. Under the committee's action,
there are resources allocated for muscular dystrophy research and the
muscle research consortium. This research has significant applications
for our military in terms of human muscle strength, and the
implications for combating bioterrorism through better understanding of
how motor neurons and muscle tissue are impacted by biotoxins. It is
important that this program be shared in a collaborative consortium of
the nation's four preeminent muscle research facilities and a national
clinical trials network. More importantly, as the author of the
Muscular Dystrophy CARE Act signed into law by President Bush in 2001,
I am acutely aware of the tremendous needs for translational research
regarding the scourge of childhood muscular dystrophy, and I am
encouraged that appropriations such as this will bring hope to
thousands of families who suffer much and deserve their fair share of
Federal research dollars.
Mr. STUPAK. Mr. Chairman, I wish to express my concerns that funds
from the Department of Defense budget could be used to provide
universal health care coverage for the Iraqi people.
I understand that it may be necessary to care for Iraqi citizens
injured in the war, but if we're going to provide universal health care
to the Iraqi population we should do the same for our citizens here at
home.
The 41.2 million Americans who lack health insurance coverage should
not have to suffer from lack of quality health care any longer. And our
soldiers fighting in Iraq, who will soon become veterans, should not be
denied future health care and should not have to worry about whether
their families will receive health care coverage now or in the future.
I had intended to offer an amendment to the 2004 Defense
Appropriations bill to require that the U.S. provide funds only for the
war-related health care needs of Iraqi citizens, and not for the
universal health care services currently being offered for Iraq,
however, I understood that my amendment may not have been ruled in
order.
Instead of offering an amendment, therefore, I urge my colleagues to
consider my position in opposition to universal care service for Iraqis
until universal health is provided to all Americans. As Congress
continues to address the future health care funding needs related to
U.S. involvement in Iraq, I will continue to pursue opportunities to
offer amendments which provide for universal health care here in the
U.S.
I look forward to working with my colleagues to ensure that the
critical health care needs of all Americans are adequately met before
we commit to providing universal health care services in Iraq. I remain
dedicated to providing affordable and accessible health care for U.S.
citizens first.
Mr. NUSSLE. Mr. Chairman, I rise today in support of H.R. 2658, the
Defense Appropriations Act for Fiscal Year 2004. This piece of
legislation is perhaps the most important component of our wartime
budget for America. It is the third bill we are considering pursuant to
the 302(b) allocations adopted by the Appropriations Committee on June
17. I am pleased to report that it is consistent with the levels
established in H. Con. Res. 95, the House concurrent resolution on the
budget for fiscal year 2004, which Congress adopted as its fiscal
blueprint on April 10. The budget resolution provided $400.1 billion in
discretionary budget authority for the national defense function. This
bill funds the bulk of that commitment. The rest is funded in the
military construction bill, which the House already passed on June 26,
and the energy and water bill.
H.R. 2658 provides $368.662 billion in new discretionary budget
authority, which is within the 302(b) allocation to the House
Appropriations Subcommittee on Defense. This is a 1.2-percent increase
from the previous year, but builds on a 5-year average annual growth
rate of 7.2 percent for defense appropriations. The bill contains no
emergency-designated new budget authority, but does include $2.14
billion worth of rescissions from previously enacted appropriations.
Accordingly, the bill complies with section 302(f) of the Budget Act,
which prohibits consideration of bills in excess of an appropriations
subcommittee's 302(b) allocation of budget authority and outlays
established in the budget resolution.
This bill represents the House's support for the more than 165,000
U.S. troops performing difficult and dangerous duty in Iraq and
Afghanistan. The bill contains the largest research and development
funding ever, and the largest procurement funding since 1990. H.R. 2658
also funds a range of military pay raises up to 6.25 percent, as
previously provided for in the Defense Authorization Bill.
I would add one note of caution: the Pentagon has confirmed in a
letter to me that the press reports claiming that DOD cannot account
for some of the supplemental funding since September 11, 2001, are
essentially correct. Accordingly, it is essential that this body adhere
to budget rules, carefully examine budget requests, and diligently
conduct oversight to ensure defense resources are used efficiently.
I conclusion, I express my support for H.R. 2658.
Mr. SANDLIN. Mr. Chairman, I urge my colleagues to join me in strong
support of H.R. 2658, the Department of Defense Appropriations Act for
FY 2004. I applaud the bipartisan effort that has brought this vital
and carefully balanced legislation to the floor, and regret that I was
unavoidably detained in my home State and, therefore, not able to cast
my vote in favor of this bill. Had I been present, I would have voted
``aye'' on this extremely important legislation.
The bill before the House today deserves the strong support of every
Member as it continues the efforts of Congress to ensure that

[[Page H6283]]

our nation's military is ready for the challenges of the 21st century.
As has been repeatedly demonstrated during our ongoing confrontation
with terrorists and tyrants around the world, these challenges are as
daunting as any our great nation has ever faced. I am gratified that my
colleagues understand that our security and the defense of freedom must
remain above the partisan fray and demand our full commitment.
We have been thrust into an age of warfare that demands heretofore
unimaginable speed, complexity and flexibility for our fighting
machines and the men and women who design, build and operate them. This
bill provides for the most forward-looking technology in our aircraft,
ships, ground weapons and missile defense. We must press forward in
developing leading edge technology, looking not only to the needs of
today but to 2020, 2050 and beyond.
The most crucial commitment we must fulfill, however, is the one we
make to the soldiers, sailors, airmen and Marines who remain
unquestionably the foundation for the United States' continuing status
as the world's sole superpower, unrivaled in our ability to defend and
support freedom anywhere in the world.
The funding provided in this bill is critical to ensuring that the
brave men and women in our armed services have the tools and resources
necessary to accomplish a swift, sure and decisive victory over tyranny
and oppression across the globe. The best of America, and thousands of
the best from my home state of Texas--our men and women in uniform,
active duty and reserve components alike--are now in harm's way in Iraq
and Afghanistan, on the high seas and at the far corners of the world.
These brave Americans now risk their lives to confront the oppression,
tyranny, and terrorism that plague and threaten the world and our
nation.
Through our support of this bill, Mr. Chairman, we show our
unequivocal support for our military men and women by providing them
with improved pay and benefits and better working and living
conditions. We can never do enough to compensate these dedicated men
and women for their sacrifices in defense of our freedom, but this bill
represents continuing movement in the right direction.
One of this nation's finest traditions is our support of our men and
women in uniform. American forces, whether deployed here at home or
across the globe, fight not for narrow interests or for reasons of
national pride. American soldiers, sailors, airman, and Marines are
engaged in combat today so that our people do not live in a world in
which tyrants armed with weapons of horror hold free nations hostage,
and in doing so threaten freedom itself.
Accordingly, it is our solemn obligation to stand solidly behind our
soldiers, sailors, airmen and Marines and to give our men and women in
uniform the full and complete support they must have in order to
prevail in this war and come safely home. This appropriations bill is
an appropriate step in fulfilling our obligation.
Mr. Chairman, I urge my colleagues to lend their full support for
H.R. 2658. Our nation's service men and women deserve no less.
Mr. FRELINGHUYSEN. Mr. Chairman, as we debate this appropriations
bill today, we should recall the words of our President, George W.
Bush, shortly after the attacks of September 11, 2001. He stated:
``America is a nation full of good fortune, with so much to be grateful
for. But we are not spared from suffering. In every generation, the
world has produced enemies of human freedom. They have attacked
America, because we are freedom's home and defender.''
Mr. Chairman, the bill we have before us today is our answer to those
who would attack America. This is a strong legislative product--one
that reflects well on the Committee on Appropriations, I want to
commend you, Chairman, Lewis, Chairman Young and Ranking Members Obey
and Murtha for your leadership.
Mr. Chairman, as we consider this important legislation, we must
remain mindful that our troops are in the field--brave men and women
fighting a new kind of war, as we speak.
It is a war fought with new technology in a land that is very old
world.
It is a war that had Forward Air Controllers riding horseback and
calling in strikes from laptop computers.
This is a war being fought from our ships stationed 700 miles from
targets.
This is a war that utilizes B-52s and B-2s and B1Bs for precision
targeting, but it is also a war that calls for our troops to go from
cave to cave or building to building to seek out the enemy. It is a war
whose enemy is difficult to identify.
At the same time as our men and women are in action in Iraq and
Afghanistan and other scattered locations, the leadership of the
Department of Defense continues its wide-ranging transformation of the
methods and missions and capabilities of our fighting forces.
In this context, America's armed forces have been charged with
developing the capabilities to fight jointly with coalition partners to
secure victory across the full spectrum of warfare while continuing the
transition to a more flexible, more agile, lighter and more lethal
force.
Of course, our goal is to provide a new level of efficiency and
protection to our warfighter so that they may fight--and win--the new
kind of wars that will face the United States of America in coming
years.
Mr. Chairman, we are a peaceful people. But recent months have shown
the world that we will fight anywhere to defend our national security.
The men and women of our armed forces have made us proud. For them--
and their families--I urge adoption of the bill.
Mr. LEWIS of California. Mr. Chairman, I yield back the balance of my
time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the order of the House of Thursday, June 26, 2003, the
bill shall be considered for amendment under the 5-minute rule.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Clerk will read.
The Clerk read as follows:

H.R. 2658

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2004, for military functions
administered by the Department of Defense and for other
purposes, namely:

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty 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, $28,233,436,000.

Mr. LEWIS of California (during the reading). Mr. Chairman, I ask
unanimous consent that the bill through page 116, line 19, be
considered as read, printed in the Record, and open to amendment at any
point.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
The text of the bill from page 2, line 15, through page 116, line 19,
is as follows:

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, $23,052,001,000.

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,
$8,962,197,000.

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, $23,121,003,000.

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

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title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or
other duty, and for members of the Reserve Officers' Training
Corps, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of
Defense Military Retirement Fund, $3,568,625,000.

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, $1,983,153,000.

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, $571,444,000.

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,
$1,267,888,000.

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, $5,382,719,000.

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, $2,140,598,000.

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as 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, $24,903,992,000: 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: Provided further, That of
funds made available under this heading, $2,500,000 shall be
available for Fort Baker, in accordance with the terms and
conditions as provided under the heading ``Operation and
Maintenance, Army'', in Public Law 107-117.

Operation and Maintenance, Navy

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law; and not to exceed $4,463,000 can be
used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Navy, and payments may be made on his certificate of
necessity for confidential military purposes,
$28,060,240,000.

Operation and Maintenance, Marine Corps

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $3,440,456,000.

Operation and Maintenance, Air Force

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,801,000 can be used for emergencies
and extraordinary expenses, to be 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, $26,689,043,000: Provided, That
notwithstanding any other provision of law, that of the funds
available under this heading, $750,000 shall only be
available to the Secretary of the Air Force for a grant to
Florida Memorial College for the purpose of funding minority
aviation training.

Operation and Maintenance, Defense-Wide

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $16,124,455,000, of which not to exceed
$25,000,000 may be available for the CINC initiative fund
account; and of which not to exceed $34,500,000 can be used
for emergencies and 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
notwithstanding any other provision of law, of the funds
provided in this Act for Civil Military programs under this
heading, $500,000 shall be available for a grant for Outdoor
Odyssey, Roaring Run, Pennsylvania, to support the Youth
Development and Leadership program and Department of Defense
STARBASE program: Provided further, That none of the funds
appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary
of Defense, the office of the Secretary of a military
department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison
office: Provided further, That $4,700,000, to remain
available until expended, is available only for expenses
relating to certain classified activities, and may be
transferred as necessary by the Secretary to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be
available for the same time period as the appropriations to
which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with
operation and 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,
$2,031,309,000.

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,
$1,171,921,000.

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, $2,144,188,000.

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;

[[Page H6285]]

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), $4,325,231,000.

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, $4,424,046,000.

Overseas Contingency Operations Transfer Account

(including transfer of funds)

For expenses directly relating to Overseas Contingency
Operations by United States military forces, $5,000,000, to
remain available until expended: Provided, That the Secretary
of Defense may transfer these funds only to military
personnel accounts; operation and 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 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 Court of Appeals for the Armed Forces

For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $10,333,000, of which
not to exceed $2,500 can be used for official representation
purposes.

Environmental Restoration, Army

(including transfer of funds)

For the Department of the Army, $396,018,000, to remain
available until transferred: Provided, That the 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, $221,369,000, 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.

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,
$2,180,785,000, 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,
$1,533,462,000, to remain available for obligation until
September 30, 2006.

[[Page H6286]]

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, $1,956,504,000, to remain available for
obligation until September 30, 2006: Provided, That of the
funds made available under this heading, $35,000,000 shall be
available only for advance procurement items for the fifth
and sixth Stryker Brigade Combat Teams.

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,
$1,355,466,000, to remain available for obligation until
September 30, 2006.

Other Procurement, Army

For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; and the purchase of 4 vehicles required for
physical security of personnel, 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,
$4,547,596,000, 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, $9,030,148,000, 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,
$2,205,634,000, 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,
$941,855,000, 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, $1,186,564,000;
Virginia Class Submarine, $2,123,221,000;
SSGN Conversion, $1,167,300,000;
Cruiser Conversion, $194,440,000;
CVN Refueling Overhauls, $367,832,000;
Submarine Refueling Overhauls, $123,372,000;
DDG-51, $3,198,311,000;
LHD-1 Amphibious Assault Ship, $355,006,000;
LPD-17, $1,367,034,000;
Minehunter, SWATH, $9,000,000;
Service Craft, $39,480,000;
Landing Craft Air Cushion, LCAC, $73,087,000;
Prior Year Shipbuilding Program, $899,502,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $348,949,000.

In all: $11,453,098,000, to remain available for obligation
until September 30, 2008: Provided, That additional
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 2
vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
carrying vehicles but not to exceed $245,000 per unit;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $4,784,742,000, to remain available
for obligation until September 30, 2006.

Procurement, Marine Corps

For expenses necessary for the procurement, 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,
$1,200,499,000, 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,
$11,877,051,000, to remain available for obligation until
September 30, 2006.

Missile Procurement, Air Force

For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
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,
$4,235,505,000, to remain available for obligation until
September 30, 2006.

Procurement of Ammunition, Air Force

For construction, procurement, production, and modification
of ammunition, and

[[Page H6287]]

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, $1,279,725,000, to remain available for
obligation until September 30, 2006.

Other Procurement, Air Force

For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
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 $243,000
per vehicle; lease of passenger motor vehicles; and expansion
of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $11,195,159,000, to remain available for obligation
until September 30, 2006.

Procurement, Defense-Wide

For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only, including not to exceed 3 passenger motor
vehicles for the Defense Security Service; the purchase of 4
vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; expansion of
public and private plants, equipment, and installation
thereof in such plants, erection of structures, and
acquisition of land for the 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, $3,803,776,000, 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, $100,000,000,
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),
$67,516,000, to remain available until expended.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $10,186,272,000, to remain
available for obligation until September 30, 2005: Provided,
That of the amounts provided under this heading, $10,000,000
for Molecular Genetics and Musculoskeletal Research in
program element 0602787A, shall remain available until
expended.

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $14,666,239,000, 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

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, $18,763,791,000, to
remain available for obligation until September 30, 2005.

Operational Test and Evaluation, Defense

For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial 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, $293,661,000, to remain available for obligation
until September 30, 2005.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,721,507,000.

National Defense Sealift Fund

For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $1,066,462,000, to remain available until
expended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components
unless such components are manufactured in the United States:
auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the
exercise of an option in a contract awarded through the
obligation of previously appropriated funds shall not be
considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such 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, $6,500,000 of the funds available
under this heading shall be available in addition to other
amounts otherwise available, only to finance the cost of
constructing additional sealift capacity.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense, as
authorized by law, $15,613,159,000, of which $14,874,037,000
shall be for Operation and maintenance, of which not to
exceed 2 percent shall remain available until September 30,
2005; of which $328,826,000, to remain available for
obligation until September 30, 2006, shall be for
Procurement; and of which $410,296,000, to remain available
for obligation until September 30, 2005, shall be for
Research, development, test and evaluation.

Chemical Agents and Munitions Destruction, Army

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the 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, $1,533,261,000, of which $1,199,168,000
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;
$254,881,000 shall be for Research, development, test and
evaluation to remain available until September 30, 2005; and
no more than $132,677,000 may be for the Chemical Stockpile
Emergency Preparedness Program, of which $44,168,000 shall be
for activities on military installations and $88,509,000
shall be to assist state and local governments.

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,

[[Page H6288]]

$817,371,000: Provided, That the funds appropriated under
this heading shall be available for obligation for the same
time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a
determination that all or part of the funds transferred from
this 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, $170,640,000, of which $26,081,000 for
the Advanced Research and Development Committee shall remain
available until September 30, 2005: Provided, That of the
funds appropriated under this heading, $46,100,000 shall be
transferred to the 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.

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 $2,500,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military 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 May
31, 2004.

(transfer of funds)

Sec. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash 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:
F/A-18 aircraft;
E-2C aircraft; and
Tactical Tomahawk missile.
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,

[[Page H6289]]

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. Notwithstanding any other provision of law, none
of the funds made available by this Act shall be used by the
Department of Defense to exceed, outside the 50 United
States, its territories, and the District of Columbia,
125,000 civilian workyears: Provided, That workyears shall be
applied as defined in the Federal Personnel Manual: Provided
further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in
this workyear limitation.
Sec. 8012. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
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. None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after
the date of the enactment of this Act, is performed by more
than 10 Department of Defense civilian employees unless such
conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function and
the Competitive Sourcing Official certifies that the
projected savings of the competition exceed the minimum
conversion differential for such activity or function:
Provided, That this section shall not apply in circumstances
in which the Department of Defense publishes in the Federal
Register a determination that compliance would have an
adverse impact on national security: Provided further, That
this section and subsections (a), (b), and (c) of 10 U.S.C.
2461 shall not apply to a commercial or industrial type
function of the Department of Defense that: (1) is included
on the procurement list established pursuant to section 2 of
the Act of June 25, 1938 (41 U.S.C. 47), popularly referred
to as the Javits-Wagner-O'Day Act; (2) is planned to be
converted to performance by a qualified nonprofit agency for
the blind or by a qualified nonprofit agency for other
severely handicapped individuals in accordance with that Act;
or (3) is planned to be converted to performance by a
qualified firm under 51 percent ownership by an Indian tribe,
as defined in section 450b(e) of title 25, United States
Code, or a Native Hawaiian organization, as defined in
section 637(a)(15) of title 15, United States Code.

(transfer of funds)

Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege 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. (a) During the current fiscal year and
hereafter, the Secretary of Defense may, by executive
agreement, establish with the government of any North
Atlantic Treaty Organization member nation a separate account
into which residual value amounts negotiated with that nation
in the return of United States military installations in that
nation may be deposited, in lieu of direct monetary transfers
to the United States Treasury. Any such deposit may be made
in the currency of the host nation. Amounts in such an
account shall be treated as credits to that host nation and
may be used only as specified in subsection (b).
(b) Amounts deposited by a host nation in an account as
provided for in an agreement under subsection (a) may be
used--
(1) subject to subsection (c), for the construction of
facilities to support United States military forces in that
host nation; or
(2) for such real property maintenance and base operating
costs at United States military installations in that host
nation that are currently executed through monetary transfers
to such host nation.
(c) A military construction project may be executed from an
account established under this section only if the project
has been previously authorized by law.
(d) In the budget justification materials submitted to
Congress in support of the President's budget for the
Department of Defense for any fiscal year, the Secretary of
Defense shall identify--
(1) amounts anticipated to be received during that fiscal
year in residual value settlements under this section; and
(2) such construction, real property maintenance, and base
operating costs that shall be funded by the host nation
during that fiscal year through such credits under an
agreement under this section.
(e)(1) The Secretary of Defense shall report any executive
agreement with a NATO member nation under this section to the
congressional committees specified in paragraph (2) not less
than 30 days before the conclusion and endorsement of the
agreement.
(2) The committees referred to in paragraph (1) are the
congressional defense committees, the Committee on
International Relations of the House of Representatives, and
the Committee on Foreign Relations of the Senate.
Sec. 8019. None of the funds available to the 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 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

[[Page H6290]]

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 defined
under 25 U.S.C. 4221(9).
Sec. 8022. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds a period of 24 months after initiation of such study
with respect to a single function activity or 48 months after
initiation of such study for a multi-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) The Secretary of Defense shall afford
qualified nonprofit agencies for the blind or other severely
handicapped the maximum practicable opportunity to
participate as subcontractors and suppliers in the
performance of contracts for the procurement of supplies or
services that are let by the Department of Defense using
funds appropriated for military functions of the Department
of Defense (other than for military construction or military
family housing).
(b) A business concern that has negotiated with the
Secretary of a military department or the director of a
Defense Agency a subcontracting plan for the 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 purchase made from a
qualified nonprofit agency for the blind or other severely
handicapped.
(c) For the purpose of this section, the term ``qualified
nonprofit agency for the blind or other severely
handicapped'' means a nonprofit agency for the blind, or a
nonprofit agency for 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).
(d) This section shall apply during the current fiscal year
and hereafter.
Sec. 8026. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant to
section 1095 of title 10, United States Code, shall be made
available to the local facility of the uniformed services
responsible for the collections and shall be over and above
the facility's direct budget amount.
Sec. 8027. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.

(including transfer of funds)

Sec. 8028. (a) Of the funds made available in this Act, not
less than $32,758,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $21,432,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $10,540,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $786,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) Notwithstanding section 9445 of title 10, United States
Code, or any other provision of law, of the funds made
available to the Civil Air Patrol Corporation in this Act
under the heading ``Aircraft Procurement, Air Force'', not
more than $770,000 may be transferred by the Secretary of the
Air Force to the ``Operation and Maintenance, Air Force''
appropriation to be merged with and to be available for
administrative expenses incurred by the Air Force in the
administration of Civil Air Patrol Corporation. Funds so
transferred shall be available for the same period as the
appropriation to which transferred.
(c) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal State, and
local government agencies.
Sec. 8029. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(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 6,321 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,050 staff years may be funded for
the defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2005 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $74,200,000.
Sec. 8030. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, That the Secretary of the
military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
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. (a) During the current fiscal year and
hereafter, the Department of Defense may acquire the
modification, depot maintenance, and repair of aircraft,
vehicles, and vessels, as well as the production of
components and other Defense-related articles, through
competition between Department of Defense depot maintenance
activities and private firms.
(b) In the case of a competition conducted under this
section, the Senior Acquisition Executive of the military
department or Defense Agency concerned shall certify that the
successful bid includes comparable estimates of all direct
and indirect costs for bids submitted both by Department of
Defense depot maintenance activities and by private firms.
The authority of the Senior Acquisition Executive under this
section may be delegated.
(c) Office of Management and Budget Circular A-76 shall not
apply to a competition conducted under this section.
Sec. 8033. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy 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

[[Page H6291]]

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 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,

[[Page H6292]]

the following funds are hereby rescinded from the following
accounts and programs in the specified amounts:
``Aircraft Procurement, Army, 2003/2005'', $47,100,000;
``Other Procurement, Army, 2003/2005'', $8,000,000;
``Shipbuilding and Conversion, Navy, 2002/2006'',
$25,600,000;
``Missile Procurement, Air Force, 2003/2005'', $27,000,000;
``Other Procurement, Air Force, 2003/2005'', $30,000,000;
and
``Research, Development, Test and Evaluation, Army, 2003/
2004'', $1,650,000.
Sec. 8050. None of the funds available in this Act may be
used to reduce the authorized positions for 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, 2002
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength 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 item.
Sec. 8060. Notwithstanding any other provision of law,
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to American Samoa, and
funds available to the Department of Defense shall be made
available to provide 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.
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

[[Page H6293]]

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 for the Department of Defense
in this Act or any other Act for the current fiscal year and
hereafter for Operation and Maintenance or for the Defense
Health Program for supervision and administration costs for
facilities maintenance and repair, minor construction, or
design projects may be obligated when the reimbursable order
is accepted by the performing activity. For the purpose of
this section, supervision and administration costs include
all in-house Government costs.
Sec. 8072. (a) During the current fiscal year and
hereafter, the Chief of the National Guard Bureau may permit
the use of equipment of the National Guard 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) During the current fiscal year and hereafter, amounts
collected under the subsection (a) shall be credited to funds
then available for the National Guard Distance Learning
Project and shall be available to defray the costs associated
with the use of equipment of the Distance Learning Project
under that subsection. Such funds shall be available for such
purpose 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

[[Page H6294]]

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 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. Notwithstanding any other provision of law, for
the purpose of establishing all Department of Defense
policies governing the provision of care provided by and
financed under the military health care system's case
management program under 10 U.S.C. 1079(a)(17), the term
``custodial care'' shall be defined as care designed
essentially to assist an individual in meeting the activities
of daily living and which does not require the supervision of
trained medical, nursing, paramedical or other specially
trained individuals: Provided, That the case management
program shall provide that members and retired members of the
military services, and their dependents and survivors, have
access to all medically necessary health care through the
health care delivery system of the military services
regardless of the health care status of the person seeking
the health care: Provided further, That the case management
program shall be the primary obligor for payment of medically
necessary services and shall not be considered as secondarily
liable to title XIX of the Social Security Act, other welfare
programs or charity based care.
Sec. 8083. During the current fiscal year and hereafter,
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.
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

[[Page H6295]]

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. Of the amounts appropriated in this Act under
the heading, ``Research, Development, Test and Evaluation,
Defense-Wide'', $48,000,000 shall remain available until
expended: Provided, That notwithstanding any other provision
of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government:
Provided further, That of the amounts made available under
the heading ``Operation and Maintenance, Army'', up to
$177,000,000 shall remain available until expended, and is
available for the acquisition of real property, construction,
personal services, and operations, for certain classified
activities, and may be transferred to other appropriations
accounts of the Department of Defense, and notwithstanding
any other provision of law, such funds may be obligated to
carry out projects not otherwise authorized by law: Provided
further, That any funds transferred shall be merged with and
made available for the same time period and for the same
purposes as the appropriations to which transferred: Provided
further, That the transfer authority provided in this
paragraph is in addition to any other transfer authority
provided to the Department of Defense.
Sec. 8092. Section 8106 of the Department of 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.
Sec. 8093. In addition to amounts provided in this Act,
$2,000,000 is hereby appropriated for ``Defense Health
Program'', to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law,
these funds shall be available only for a grant to the Fisher
House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
Sec. 8094. Amounts appropriated in title II are hereby
reduced by $172,500,000 to reflect savings attributable to
improvements in the management of professional support
services, surveys and analysis, and engineering and technical
support contracted by the military departments, as follows:
(1) From ``Operation and Maintenance, Army'', $21,500,000.
(2) From ``Operation and Maintenance, Navy'', $34,400,000.
(3) From ``Operation and Maintenance, Marine Corps'',
$4,300,000.
(4) From ``Operation and Maintenance, Air Force'',
$21,300,000.
(5) From ``Operation and Maintenance, Defense-Wide'',
$91,000,000.

(including transfer of funds)

Sec. 8095. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$899,502,000 shall be available until September 30, 2004, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer such funds to the following appropriations in the
amounts specified: Provided further, That the amounts
transferred shall be merged with and be available for the
same purposes as the appropriations to which transferred:
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/04'':
LPD-17 Amphibious Transport Dock Ship Program,
$150,300,000;
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, $166,978,000;
LPD-17 Amphibious Transport Dock Ship Program $86,821,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
2000/04'':
DDG-51 Destroyer Program, $69,460,000;
LPD-17 Amphibious Transport Dock Ship Program $112,778,000;
and
Under the heading, ``Shipbuilding and Conversion, Navy,
2001/04'':
DDG-51 Destroyer Program, $90,313,000; and
New SSN, $97,372,000.
Sec. 8096. The Secretary of the Navy may settle, or
compromise, and pay any and all admiralty claims under 10
U.S.C. 7622 arising out of the collision involving the U.S.S.
GREENEVILLE and the EHIME MARU, in any amount and without
regard to the monetary 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 the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2004 until the enactment of the Intelligence
Authorization Act for fiscal year 2004.
Sec. 8099. The total amount appropriated in title II is
hereby reduced by $320,000,000 to reduce cost growth in
information technology development, to be derived as follows:
(1) From ``Operation and Maintenance, Army'', $60,000,000.
(2) From ``Operation and Maintenance, Navy'', $100,000,000.
(3) From ``Operation and Maintenance, Air Force'',
$100,000,000.
(4) From ``Operation and Maintenance, Defense-Wide'',
$60,000,000.
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. The amounts appropriated in title II are hereby
reduced by $539,000,000 to reflect cash balance and rate
stabilization adjustments in Department of Defense Working
Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $107,000,000.
(2) From ``Operation and Maintenance, Navy'', $45,000,000.
(3) From ``Operation and Maintenance, Air Force'',
$387,000,000.
Sec. 8102. The amount appropriated in title II for
``Operation and Maintenance, Navy'' is hereby reduced by
$67,000,000 to reduce excess funded carryover.
Sec. 8103. (a) In addition to the amounts provided
elsewhere in this Act, the amount of $5,500,000 is hereby
appropriated to the Department of Defense for ``Operation and
Maintenance, Army National Guard''. Such amount shall be made
available to the Secretary of the Army only to make a grant
in the amount of $5,500,000 to the entity specified in
subsection (b) to facilitate access by veterans to
opportunities for skilled employment in the construction
industry.
(b) The entity referred to in subsection (a) is the Center
for Military Recruitment, Assessment and Veterans Employment,
a nonprofit labor-management co-operation committee provided
for by section 302(c)(9) of the Labor-Management Relations
Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth
in section 6(b) of the Labor Management Cooperation Act of
1978 (29 U.S.C. 175a note).
Sec. 8104. (a) During the current fiscal year and
hereafter, funds available to the Secretary of a military
department for Operation and Maintenance may be used for the
purposes stated in subsection (b) to support chaplain-led
programs to assist members of the Armed Forces and their
immediate family members in building and maintaining a strong
family structure.
(b) The purposes referred to in subsection (a) are costs of
transportation, food, lodging, supplies, fees, and training
materials for members of the Armed Forces and their family
members while participating in such programs, including
participation at retreats and conferences.

[[Page H6296]]

Sec. 8105. Financing and Fielding of Key Army
Capabilities.--The Department of Defense and the Department
of the Army shall make future budgetary and programming plans
to fully finance the Non-Line of Sight (NLOS) Objective Force
cannon and resupply vehicle program in order to field this
system in the 2008 timeframe. As an interim capability to
enhance Army lethality, survivability, and mobility for light
and medium forces before complete fielding of the Objective
Force, the Army shall ensure that budgetary and programmatic
plans will provide for no fewer than six Stryker Brigade
Combat Teams to be fielded between 2003 and 2008.
Sec. 8106. (a) Management of Chemical Demilitarization
Activities at Bluegrass Army Depot, Kentucky.--If a
technology other than the baseline incineration program is
selected for the destruction of lethal chemical munitions
pursuant to section 142 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 50 U.S.C. 1521 note), the program manager for the
Assembled Chemical Weapons Assessment shall be responsible
for management of the construction, operation, and closure,
and any contracting relating thereto, of chemical
demilitarization activities at Bluegrass Army Depot,
Kentucky, including management of the pilot-scale facility
phase of the alternative technology.
(b) Management of Chemical Demilitarization Activities at
Pueblo Depot, Colorado.--The program manager for the
Assembled Chemical Weapons Assessment shall be responsible
for management of the construction, operation, and closure,
and any contracting relating thereto, of chemical
demilitarization activities at Pueblo Army Depot, Colorado,
including management of the pilot-scale facility phase of the
alternative technology selected for the destruction of lethal
chemical munitions.
Sec. 8107. In addition to the amounts appropriated or
otherwise made available in this Act, $6,500,000, to remain
available until September 30, 2004, is hereby appropriated to
the Department of Defense: Provided, That the Secretary of
Defense shall make grants in the amount of $4,000,000 to the
American Red Cross for Armed Forces Emergency Services; and
$2,500,000 to the Intrepid Sea-Air-Space Foundation.
Sec. 8108. None of the funds appropriated in this Act under
the heading ``Overseas Contingency Operations Transfer Fund''
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. 8109. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 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. 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. 8112. 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. 8113. (a) Exchange Required.--In exchange for the
private property described in subsection (b), the Secretary
of the Interior shall convey to the Veterans Home of
California--Barstow, Veterans of Foreign Wars Post #385E (in
this section referred to as the ``recipient''), all right,
title, and interest of the United States in and to a parcel
of real property consisting of approximately one acre in the
Mojave National Preserve and designated (by section 8137 of
the Department of Defense Appropriations Act, 2002 (Public
Law 107-117; 115 Stat. 2278)) as a national memorial
commemorating United States participation in World War I and
honoring the American veterans of that war. Notwithstanding
the conveyance of the property under this subsection, the
Secretary shall continue to carry out the responsibilities of
the Secretary under such section 8137.
(b) Consideration.--As consideration for the property to be
conveyed by the Secretary under subsection (a), Mr. and Mrs.
Henry Sandoz of Mountain Pass, California, have agreed to
convey to the Secretary a parcel of real property consisting
of approximately five acres, identified as parcel APN 569-
051-44, and located in the west \1/2\ of the northeast \1/4\
of the northwest \1/4\ of the northwest \1/4\ of section 11,
township 14 north, range 15 east, San Bernardino base and
meridian.
(c) Equal Value Exchange; Appraisal.--The values of the
properties to be exchanged under this section shall be equal
or equalized as provided in subsection (d). The value of the
properties shall be determined through an appraisal performed
by a qualified appraiser in conformance with the Uniform
Appraisal Standards for Federal Land Acquisitions (Department
of Justice, December 2000).
(d) Cash Equalization.--Any difference in the value of the
properties to be exchanged under this section shall be
equalized through the making of a cash equalization payment.
The Secretary shall deposit any cash equalization payment
received by the Secretary under this subsection in the Land
and Water Conservation Fund.
(e) Reversionary Clause.--The conveyance under subsection
(a) shall be subject to the condition that the recipient
maintain the conveyed property as a memorial commemorating
United States participation in World War I and honoring the
American veterans of that war. If the Secretary determines
that the conveyed property is no longer being maintained as a
war memorial, the property shall revert to the ownership of
the United States.
(f) Boundary Adjustment; Administration of Acquired Land.--
The boundaries of the Mojave National Preserve shall be
adjusted to reflect the land exchange required by this
section. The property acquired by the Secretary under this
section shall become part of the Mojave National Preserve and
be administered in accordance with the laws, rules, and
regulations generally applicable to the Mojave National
Preserve.
Sec. 8114. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53d Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act.
Sec. 8115. The Secretary of the Air Force shall convey,
without consideration, to the Inland Valley Development
Agency all right, title, and interest of the United States in
and to certain parcels of real property, including
improvements thereon, located in San Bernardino, California,
that consist of approximately 39 acres and are leased, as of
June 1, 2003, by the Secretary to the Defense Finance and
Accounting Service. The conveyance shall be subject to the
condition that the Inland Valley Development Agency and the
Director of the Defense Finance and Accounting Service enter
into a lease-back agreement, acceptable to the Director, for
premises required by the Director for support operations
conducted by the Defense Finance and Accounting Service.
Sec. 8116. Notwithstanding the provisions of section 2401
of title 10, United States Code, the Secretary of the Navy is
authorized to enter into a contract for the charter for a
period through fiscal year 2008, of the vessel, RV CORY
CHOUEST (United States Official Number 933435) in support of
the Surveillance Towed Array Sensor (SURTASS) program:
Provided, That funding for this lease shall be from within
funds provided in this Act and future appropriations Acts.
Sec. 8117. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, and
notwithstanding any other provision of law, $20,000,000 is
hereby appropriated to ``Operation and Maintenance, Army'',
to remain available until September 30, 2004, to be available
only for a grant in the amount of $20,000,000 to the Silver
Valley Unified School District, Silver Valley, California,
for the purpose of school construction at Fort Irwin,
California.
Sec. 8118. Amounts appropriated in title II are hereby
reduced by $294,000,000 to reflect savings attributable to
efficiencies and management improvements in the funding of
miscellaneous or other contracts in the military departments,
as follows:
(1) From ``Operation and Maintenance, Army,'' $27,000,000;
(2) From ``Operation and Maintenance, Navy,'' $50,000,000;
and
(3) From ``Operation and Maintenance, Air Force'',
$217,000,000.
Sec. 8119. The amount appropriated in title II for
``Operation and Maintenance, Air Force'' is hereby reduced by
$600,000,000 to reflect cash balance and rate stabilization
adjustments in the Department of Defense Transportation
Working Capital Fund.

(rescission)

Sec. 8120. 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'' (117 Stat. 563), $2,000,000,000 is hereby
rescinded.
Sec. 8121. Of the total amount appropriated by this Act
under the heading ``Operation and Maintenance, Defense-Wide''
to provide assistance to local educational agencies for
children of members of the Armed Forces and Department of
Defense civilian employees with severe disabilities, the
Secretary of Defense may use up to $855,566 to make
additional payment under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (20
U.S.C.

[[Page H6297]]

7703(a)) to those local educational agencies whose percentage
reduction in the payment amount for fiscal year 2002 was in
excess of the reduction otherwise imposed under subsection
(d) of such section for that fiscal year. The Secretary of
Defense may waive collection of any overpayment made to local
educational agencies under such section for fiscal year 2002.

(including transfer of funds)

Sec. 8122. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 8123. None of the funds appropriated or otherwise made
available by this Act may be used to implement any amendment
or revision of, or cancel, the Department of Defense
Directive 1344.7, ``Personal Commercial Solicitation on DoD
Installations'', until 90 days following the date the
Secretary of Defense submits to Congress notice of the
amendment, revision or cancellation, and the reasons
therefore.
Sec. 8124. Limitation on Deployment of Terrorism
Information Awareness Program.--
(1) Notwithstanding any other provision of law and except
as provided in paragraph (2), if and when research and
development on the Terrorism Information Awareness program
(formerly known as the Total 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 or component of such program 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
overseas, or wholly against non-United States citizens.
Sec. 8125. (a) Closure of Naval Station Roosevelt Roads,
Puerto Rico.--Notwithstanding any other provision of law, the
Secretary of the Navy shall close Naval Station Roosevelt
Roads, Puerto Rico, no later than six months after enactment
of this Act.
(b) Disposal.--
(1) The Secretary of the Navy shall exercise the authority
granted to the Administrator of the General Services pursuant
to section 545 of title 40 and dispose of the real property
and associated personal property at the former Naval Station
by public sale.
(2) The Secretary of the Navy may transfer excess personal
property or dispose of surplus personal property located at
the installation pursuant to the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 521 et seq.).
(c) The Secretary of the Navy may use funds in the
Department of Defense Base Closure Account established by
section 2906 of the Defense Base Closure and Realignment Act
of 1990, Public Law 101-510 to implement the closure.
(d) There shall be deposited into the Account referred to
in subsection (c) the proceeds of sale from the disposal of
property authorized by subsection (b) for the benefit of the
Department of the Navy.

Mr. OBEY. Mr. Chairman, I move to strike the last word.

{time} 1215

Mr. Chairman, let me confirm that I think this bill will be supported
broadly on both sides of the aisle, and I would simply like to bring
three matters to the attention of the House.
First of all, I really do believe that this institution is going to
have to take a look at the number of commitments that we have worldwide
and compare that to the strain that we have on the available troops for
use under these many commitments. I think anyone who looks at the
situation will understand that we are dangerously close to having an
overextended military; and I think we ought to ask ourselves honestly
if we are going to engage in these many commitments around the world,
do we need to have a larger Army. In my view if we are, then we do. If
we do not intend to enlarge the Army, then I think we must be much more
aggressive in asking our allies to help us deal with some of the
peacekeeping functions that we face, for instance, in Iraq.
Secondly, I do have some misgivings about the funding levels for SDI
in the bill.
Thirdly, I want to talk about something that I think is more
important than any of those considerations. This Subcommittee of
Defense is perhaps the most bipartisan of all appropriations
subcommittees, and the Committee on Appropriations is probably the most
bipartisan committee in the House; and it is in that spirit that I
raise a matter that I think every Member should be aware of because of
its deadly importance. It involves intelligence, specifically the
intelligence gathering and analysis used in support of Operation Iraqi
Freedom.
What I am going to say is based on published reports purportedly
based on interviews with intelligence officials and military officers.
Neither I, nor I suspect anyone in the House of Representatives, knows
the extent to which these reports are accurate so there is no
possibility of disclosing classified material. We have had the staff of
the committee look at the allegations on a bipartisan basis, and I
think it is fair to say, while they do not have enough information to
reach specific conclusions, they do find much of what has been said in
these stories to be credible.
In addition to the CIA, which is an independent agency, there are
four major intelligence organizations inside the Department of Defense.
All of these entities are funded in this bill. The press stories I am
referring to, and I would be glad to provide copies of them to any
Member who is interested, those stories argue that a group of civilian
employees in the Office of the Secretary of Defense, all of whom are
political employees, have long been dissatisfied with the information
produced by the established intelligence agencies both inside and
outside the Department. That was particularly true, apparently, with
respect to the situation in Iraq.
As a result, it is reported that they established a special operation
within the Office of the Secretary of Defense, which was named the
Office of Special Plans. That office was charged with collecting,
vetting, and disseminating intelligence completely outside the normal
intelligence apparatus. In fact, it appears that the information
collected by this office was in some instances not even shared with the
established intelligence agencies and in numerous instances was passed
on to the National Security Council and the President without having
been vetted with anyone other than OSD political appointees.
It is further alleged that the purpose of this operation was not only
to produce intelligence more in keeping with the preheld views of those
individuals, but to intimidate analysts in the established intelligence
organizations to produce information that was more supportive of policy
decisions which they had already decided to propose. There is
considerable discussion regarding the intelligence relating to weapons
of mass destruction.
I think it would be unfortunate if this issue were subsumed by the
question of whether or not Saddam Hussein had such weapons. First of
all, we do not know at this point. My personal suspicion has always
been that he did. Secondly, measuring the quality of our intelligence
apparatus requires more than determining whether the reporting was
right or wrong on any single issue. Is what was reported consistent
with the best information that was available? Did we reach the right
conclusion based on good information or by happenstance?
These allegations, however, go well beyond the issue of WMDs. It
appears that the individuals in question also challenged the consensus
within the intelligence community on the number of troops that would be
required for a successful invasion. The political appointees within the
Office of the Secretary maintained regular contact with sources within
the Iraqi National Congress, who in turn maintained contact with
sources inside of Iraq.

[[Page H6298]]

The CHAIRMAN. The time of the gentleman from Wisconsin (Mr. Obey) has
expired.
(By unanimous consent, Mr. Obey was allowed to proceed for 3
additional minutes.)
Mr. OBEY. Mr. Chairman, based on information transmitted by these
sources, the political appointees argued that the conclusions of the
intelligence community, the Joint Chiefs, and in particular General
Shinseki, were in error and the invasion could be successfully carried
out with fewer than 50,000 troops.
While the chiefs in the end got most of the troops that they
requested, it appears that the invasion was both lighter than they
would have desired and lighter than what was required. The inability to
fully protect supply lines did in fact result in the loss of life. The
shortage of available personnel did leave certain critical sites such
as nuclear facilities unprotected.
We all know this is incredibly serious business. It is important not
only to understand what we did or did not do with respect to Iraq, but
it is far more important in terms of what we will do in the future. How
will the information that the President and the Congress receive on our
options in Korea be put together, for instance? Will the long-
established collection mechanisms, evaluation and dissemination be
used, or will we again fall back on the ad hoc efforts of this self-
appointed group of experts?
It is important to note that these same individuals have established
a new office with an Under Secretary of Defense for Intelligence. This
office will have more than 100 people, and it is widely believed in the
intelligence community that the office is being created for the express
purpose of pressuring analysts to produce information more supportive
of predetermined policy. I do not know if that is true or not, but the
question remains, Will this office stand between our war fighters and
the information they need? Why did they require this small group of
civilians to employ this kind of a role? Will the Under Secretary
compete with the Director of Central Intelligence in the coordination
of these agencies? All I can say is that we are paying for all of this.
We ought to have the answers.
I would like to ask Members to remember that there was a reason the
National Security Act of 1946 placed all intelligence activities under
the control of one man, the Director of Central Intelligence. General
Hoyt Vandenberg, who himself served as the DCI, explained that decision
in testimony before Congress. He said, ``The joint congressional
committee to investigate the Pearl Harbor attack found failures that
went to the very structure of our intelligence organizations, a failure
to coordinate the collection and dissemination of intelligence, and the
failure to centralize intelligence functions of common concern to more
than one department of the government which could more efficiently be
performed centrally.'' I think we need to remember those words, and I
think the Congress needs to dig and dig hard to get to the bottom of
this.
I do not, frankly, know what the right structure for gathering and
dissemination of intelligence information ought to be, but I am very
leery of the fact that we have a new operation which can deal with
information without clearing it with anyone else. The reason the system
has served us so well over the past years is because all information
has been vetted with other people who are supposed to know the most
about it. I think it is dangerous when we get away from that practice.

Amendment Offered by Mr. Lewis of California

Mr. LEWIS of California. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Lewis of California:
On page 103, line 9, strike ``$67,000,000'' and insert in
lieu thereof ``$96,000,000''.
At the end of title VIII (page 116, after line 19), add the
following new seciton:
Sec. __. In addition to amounts provided elsewhere in this
Act, the following amounts shall be made available for the
purposes specified:
(a) The amount of $5,000,000 is hereby appropriated for
``Operation and Maintenance, Army National Guard'', for the
nationwide dedicated fiber optic network program;
(b) The amount of $14,000,000 is hereby appropriated for
``Procurement, Marine Corps'', of which $9,600,000 is for the
AN/PRC-148 tactical handheld radio, and $4,400,000 is for
combat casualty care equipment;
(c) The amount of $5,000,000 is hereby appropriated for
``Research, Development, Test and Evaluation, Air Force'',
for low emission/efficient hybrid aviation refueling truck
propulsion; and
(d) The amount of $5,000,000 is hereby appropriated for
``Research, Development, Test and Evaluation, Defense-Wide'',
for development of novel pharmaceuticals for anthrax.

Mr. LEWIS of California (during the reading). Mr. Chairman, I ask
unanimous consent that the amendment be considered as read and printed
in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
Mr. LEWIS of California. Mr. Chairman, the minority has seen the
amendment and has no objection. I simply ask for its passage.
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. LEWIS of California. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Chairman, I have no objection to the amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Lewis).
The amendment was agreed to.

Amendment Offered by Mr. Blumenauer

Mr. BLUMENAUER. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Blumenauer:
Under the heading ``Research, Development, Test and
Evaluation, Army'', insert after the dollar amount on page
31, line 19, the following: ``(increased by $100,000,000)''.
Under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'', insert after the dollar amount on
page 33, line 4, the following: ``(reduced by
$100,000,000)''.

Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on
the amendment.
The CHAIRMAN. A point of order is reserved on the amendment.
Mr. BLUMENAUER. Mr. Chairman, I come today with deep respect for the
hard work that this subcommittee has done. I think it may be the
toughest subcommittee in the House given the amazing pressures in terms
of the military requirements of our country during a difficult time.
This is a difficult budget, and there are crosscurrents that I cannot
even imagine, but I get a little hint as I look from a distance.
My special interest has been in an area dealing with unexploded
ordnance, being able to protect people at home and abroad from the
consequences of everything from landmines to training munitions that
are unexploded. This has been an area that I have been deeply troubled
with. It is an area that around the country there are potentially
millions of acres in the United States that are so affected; and when
we look at what has happened overseas, whether it is in the war in
Southeast Asia and Vietnam, Afghanistan, what is going on right now in
Iraq, and we just had a boy back home die this week in my community as
a result of efforts trying to clear landmines.
Around the world, over 300 million landmines have been built, and 75
million that have been placed remain undetonated.
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. BLUMENAUER. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Chairman, the gentleman from California (Mr. Lewis)
and I have both talked to the gentleman about this issue. We understand
the seriousness of it, and the importance to both the gentleman and to
the country; and we are certainly going to work with the gentleman in
trying to increase the amount of money in the unexploded ordnance area.
We think it is a very important area, and we feel very strongly that
the gentleman is right about it. We do not agree with the amendment,
and we hope it will be withdrawn; but we do think money needs to be
increased in that area.
Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
Mr. BLUMENAUER. I yield to the gentleman from California.
Mr. LEWIS of California. Mr. Chairman, echoing the words of the
gentleman from Pennsylvania (Mr. Murtha), I withdraw my point of order.
The CHAIRMAN. The point of order is withdrawn.
Mr. BLUMENAUER. Mr. Chairman, reclaiming my time, I am deeply
appreciative of the spirit of cooperation from the chairman and ranking
member and willingness to work with us.

[[Page H6299]]

We had made a request initially of $20 million before the subcommittee.
Frankly, as I watched what moved through the process, I thought we had
identified an area with the new generation of ballistic missile defense
interceptor, additional research that frankly would be a higher
priority. But given the strong encouragement to work with the
subcommittee and their willingness to work with us, I look forward to
working with them to make sure that at least the $20 million is there
to protect Americans at home and abroad. Candidly, Mr. Chairman, it is
not just going to save our fighting men and women. I would just
conclude on the notion that every single day civilians, including a sad
number of children, are killed and maimed as a result of landmines and
unexploded munitions. This investment will reap dividends for
generations to come. I deeply appreciate the cooperation of the
subcommittee.
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Oregon?
There was no objection.
Mr. KUCINICH. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in strong opposition to this bill. In one quick
hour of debate, Congress will spend $368 billion on the military.
Amazingly, this massive sum does not fund our troops in Iraq or
Afghanistan. If we want to use our Armed Forces, the taxpayers will
have to use extra. We all know that the President will be back asking
for more billions of more taxpayer dollars for these operations.
This bill funds the wrong defense priorities that will do little to
provide for a more secure America. It will fund weapons systems that we
all know will not work and will be subject to spiraling upward costs;
and yet we cannot fully fund education needs at home. The only needs
this Congress will take care of today are the profit-gouging defense
contractors. Perhaps we should rename this bill the Lockheed-Martin,
Northrop Grumman, United Defense, Raytheon, Boeing and General Dynamics
Welfare Act of 2003.
Unlike the Republican majority, I do not believe we should heavily
deficit spend to further enrich defense contractors. We can heavily
invest in education and reduce the deficit by cutting national missile
defense, the F22 fighter plane, the V22 Osprey, space-based weapons and
other unnecessary and wasteful programs.

{time} 1230

I believe we should cancel the national missile defense, a savings of
$8.9 billion, because it reduces our security here at home, it steals
money for more effective security options, and because it will not work
as promised, it leaves us more vulnerable.
National missile defense does not work. It has failed three tests
that were much simpler than real-life scenarios. It will not be subject
to a real-life test before deployment in 2004. The only conclusion I
can draw is that proponents do not care. They do not care if this
weapons system works and it harms rather than protects Americans. Any
country that decides to attack the United States with nuclear,
chemical, or biological weapons is more likely to use a less expensive
and more covert delivery method than long-range missiles, such as
smuggling it on a ship or a truck.
National missile defense would offer no protection against such an
attack, and because we waste so much money on this system, we leave our
homeland security system underfunded and unable to protect from real
threats. We can also significantly reduce our ship-building programs
funded at $11.5 billion. Our Navy is not threatened by any other navy;
yet it offers little protection from today's real threats. We would do
far more for our Nation's security by shifting some of these funds to
the Coast Guard.
It would immediately save lives to cancel the V-22 aircraft program,
a savings of $1.5 billion in fiscal year 2004. This aircraft has killed
30 Marines because it has an unsafe design that cannot be relied upon.
I cannot support funds for such a program.
The F-22 fighter plane is a relic of the Cold War that suits no
purpose in a modern Air Force. Our current airfighters are more than
capable and far less expensive. The F-22 continues to be subject to
massive cost overruns and continued development problems, making it an
unaffordable plane. The $3.6 billion saved in fiscal year 2004 would
raise a lot of teachers' salaries, providing our children with better
education.
I believe we should roll back our spending in research and
development of unnecessary expensive weapons systems such as Army's
Comanche helicopter, a savings of $1.1 billion; the Joint Strike
Fighter, a savings of $4.2 billion; the Space-Based Infra-Red System, a
savings of $617 million; and the Space-Based Radar, a savings of $174
million.
Do we want to start a new war in space, or do we want to finish the
struggle against deteriorating public schools? I believe we can do more
for America by our repairing our school infrastructure. The savings
proposed here amount to a significant investment in education. I have
highlighted $30 billion in unnecessary defense spending, and this money
can be immediately invested in education for our children. A thorough
review of the Pentagon budget would likely reveal another $30 billion
in defense waste and unnecessary programs.
Today only 12 percent of the 17 million low-income children eligible
for child care subsidies receives assistance. Only 23 percent of all
families with children younger than 6 have one parent working and one
parent staying at home. And today the average cost of child care for a
4-year old in an urban-area center is more than the average cost of
public college tuition in all but one State.
I ask who will care for our children? And I say that we can. With $60
billion we could have universal prekindergarten and child care in this
Nation. I have a bill before this Congress, the Universal
Prekindergarten Act, that would establish and expand prekindergarten
programs to ensure that all children ages 3 to 5 have access to high-
quality, full-day, full-calendar-year prekindergarten education.
It is time to set our priorities straight. We are arming ourselves to
the teeth, and we are missing a chance to make sure our children have
decent education.

Amendment Offered by Mr. De Fazio

Mr. DeFAZIO. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. DeFazio:
Under the heading ``Reserve Personnel, Army'', insert after
the dollar amount on page 4, line 14, the following:
``(increased by $37,300,000)''.
Under the heading ``Reserve Personnel, Air Force'', insert
after the dollar amount on page 6, line 6, the following:
``(increased by $8,000,000)''.
Under the heading ``Operation and Maintenance, Army'',
insert after the dollar amount on page 7, line 21, the
following: ``(increased by $22,330,000)''.
Under the heading ``Operation and Maintenance, Army
National Guard'', insert after the dollar amount on page 12,
line 19, the following: ``(increased by $26,400,000)''.
Under the heading ``Aircraft Procurement, Air Force'',
insert after the dollar amount on page 27, line 22, the
following: ``(reduced by $273,000,000)''.
Under the heading ``Procurement, Defense-Wide'', insert
after the dollar amount on page 30, line 18, the following:
``(increased by $52,100,000)''.

Mr. DeFAZIO (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Oregon?
There was no objection.
Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on
the amendment.
Mr. DeFAZIO. Mr. Chairman, this is an amendment to close a gap that I
see in the vital needs of the American people. The gentleman from
Pennsylvania, as the father of the Civil Support Weapons of Mass
Destruction Team, knows well that the National Guard is a unique
repository of expertise with capabilities of response to weapons of
mass destruction, chemical, biological, or radiological events, events
that are far beyond the capabilities of most civilian units even in our
major cities. They certainly exceed the capabilities that our States
have to fund and train such teams at this point in time; yet we would
all admit that a very real threat exists, and we are spending a
tremendous amount of time around the

[[Page H6300]]

world attempting to prevent such attacks on our country. But if the
worst should happen, we are going to need these teams, and we are going
to need more than we have. The Congress has authorized 55, but at this
point, as I understand it, 27 are fully operational, and another 5 are
in training, and yet there are 23 that have not yet received funding.
My intention with this amendment was to push the Congress to make a
difficult choice between a weapons system and these teams. We have to
make difficult choices around here in the hopes that we can move
forward.
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. DeFAZIO. I yield to the gentleman from Oregon.
Mr. MURTHA. Mr. Chairman, the gentleman talked to me, and I have
talked to the chairman, and we are certainly going to work something
out. We were disappointed we did not have more requests for more teams.
As a matter of fact, as the gentleman mentioned, we started this 12 to
13 years. The National Guard fought it initially, but now they see the
importance. We think every State should have these, and we hope we can
work out four or five more times in this legislation.
Mr. DeFAZIO. Mr. Chairman, I thank the gentleman and the chairman,
too, because I think they both recognize a critical need. I know there
are difficult choices to be made, and I am very hopeful that we will
come back from conference with the Senate with the additional teams
funded, and I think that that would be a tremendous asset to the
protection of the American people.
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Oregon?
There was no objection.

Amendment Offered by Mr. Acevedo-Vila

Mr. ACEVEDO-VILA. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Acevedo-Vila:
Page 115, beginning line 20, strike section 8125 relating
to closure of Naval Station Roosevelt Roads, Puerto Rico.

Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on
the amendment.
Mr. ACEVEDO-VILA. Mr. Chairman, I rise in regard to Section 8125 of
this bill which will arbitrarily close Naval Station Roosevelt Roads in
Ceiba, Puerto Rico. I have been aware that this facility could be
closed and presume that any such closure will occur through the 2005
base realignment closure process. I was, therefore, surprised and
dismayed to find language in this appropriations bill authorizing the
closure of Roosevelt Roads. I believe that this provision violates the
standard procedures of Congress by legislating on an appropriations
bill, that it arbitrarily circumvents the 2005 BRAC process, and that
it neglects the importance of this facility both for the U.S. and the
Commonwealth of Puerto Rico.
To address this issue, I have two amendments that will permit the
normal process of Congress and the Base Closure Commission to take
place. My first amendment will simply strike Section 8125. Thus, if the
criteria of BRAC finds Roosevelt Roads to deserve closure, then it will
take place, but Congress, as with all other bases, will remain out of
the process. The economic benefits of Roosevelt Roads estimated by the
Navy to be $300 million per year will continue to accrue.
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. ACEVEDO-VILA. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Chairman, the gentleman has talked to me, and I have
talked to the chairman about this issue. This is a very delicate issue.
We had the same situation in Philadelphia a couple years ago when they
closed down the Navy yard there. The Navy insists it needs the
personnel. They are very short. They are overly committed all over the
world, and they need these 3,000 people in other places.
I have to say to the gentleman he is actually better off with it
going with the appropriation process where we could work with him
trying to help solve some of the problems that they have in Puerto Rico
when they close down a base. For instance, we have done it in San
Francisco. We have done it in other parts of California. We did it in
Philadelphia. We did it in Texas. And we are very aware of the economic
disruption, and if the gentleman would withdraw his amendment, we will
certainly work with him. And it is going to take some time because we
probably have to make a visit to Puerto Rico and see exactly what we
are talking about.
One of the big problems we have, some of this equipment, when they
knew they were going to close down, do not take care of it. So we need
to see what really needs to be done.
But the gentleman can be assured we will do everything we can to help
him. If this works its way through the entire Congress and the
conference, we will do everything we can to help him.
Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
Mr. ACEVEDO-VILA. I yield to the gentleman from California.
Mr. LEWIS of California. Mr. Chairman, I certainly would agree with
the statement made by my colleague from Pennsylvania. As the gentleman
and I discussed on an earlier occasion, it is our intention to work
very closely with the Delegate to see that every step is taken to make
certain that the people of Puerto Rico have all the flexibility they
possibly can have to maximize the potential of this potentially very
valuable property, and one that could provide a great stimulus for
their economy.
Mr. ACEVEDO-VILA. Mr. Chairman, reclaiming my time, I really
appreciate the support of the chairman and the ranking member. As I
have spoken to them, my position and the position of Puerto Rico is we
do not want the base to be closed because we think it is important for
Puerto Rico and it is important for the U.S. But if that is the final
decision, then, as with any other bases that have been closed, we need
the support of Congress, we need a package, and we need special
consideration to the possibility of transferring the lands to the
Commonwealth of Puerto Rico and to the municipality of Ceiba. Actually
the mayor of Ceiba, Gerardo Cruz, is here, and also the senator from
that district in Puerto Rico Juan Cancel Alegria is here because this
is really a main concern in that area. Unemployment is very high in the
eastern part of Puerto Rico.
So if, based on the gentlemen's statements, if we can work this out
in conference, again my position is we want to keep the base open, but
if it is going to be closed, we need, we need some clear language from
Congress that we are going to get an economic development package for
that area and that the possibility of those lands be transferred to the
Government of Puerto Rico and the municipality of Ceiba are going to be
part of that discussion.
Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
Mr. ACEVEDO-VILA. I yield to the gentleman from California.
Mr. LEWIS of California. Mr. Chairman, I repeat to the gentleman that
I very much appreciate his forthright discussion of this matter. I know
of the potential difficulty that could be faced, but I want the
gentleman to know that we are very committed to working with him to
carefully see that this very potentially valuable property is used for
the best interest of people of Puerto Rico. Our experience with base
closing would suggest there is a variety in mix of approaches that
might very well be taken, and we look forward to giving him all the
support that we possibly can.
Mr. ACEVEDO-VILA. Mr. Chairman, I thank the gentleman for that
commitment.
I include the following letters for the Record:

House of Representatives

Washington, DC, June 23, 2003.
Mrs. Connie Patrick,
Director, Federal Law Enforcement Training Center, FLETC
Glynco Facility, Glynco, GA.
Dear Director Patrick: I recently became aware of reports
on the effects of increased federal law enforcement training
needs. As was noted in Roll Call on June 2, 2003, Department
of Homeland Security law enforcement training needs have
increased and as a result, other agencies such as the U.S.
Capitol Police, may be required to conduct training a federal
facilities other than the Federal Law Enforcement Training
Center in Glynco, GA. Rather than address this issue on an
agency-by-agency basis, I believe that such trends indicate a
new FLETC training facilities.
The FLETC facilities at Charleston, SC and Cheltenham, MD
are located at former

[[Page H6301]]

military sites. Such a transfer of government property from
one agency to another serves valuable purposes, such as the
elimination of land acquisition and plant construction costs
and maintaining benefits to the local economy. For these
reasons, I encourage you to consider the possibility of
locating any future FLETC facilities at Naval Station
Roosevelt Roads (NSRR), Puerto Rico.
NSRR is currently home to Atlantic Fleet Weapons Training
Facility, however, many of the military commands located at
NSRR are being downsized, relocated, or eliminated with the
recent closure of the Vieques training range. Such ongoing
changes will lead to excess buildings, land and other
infrastructure. Located a short distance from San Juan,
NSRR's assets include numerous buildings, dormitories and
classrooms, a modern aviation runway, marine berthing
facilities, firing ranges, communication facilities, among
others. It is my belief that these plant assets, coupled with
the downsizing of NSRR, could enable FLETC to make high use
of this facility for federal law enforcement training.
Further, NSRR could also be a suitable facility for the
training of international law enforcement personnel,
particularly those form the Caribbean and Latin America.
I would appreciate the opportunity to meet and discuss with
you FLETC's future needs and the opportunities that NSRR may
afford our nation's future law enforcement officers. Please
contact me to determine a time that I could meet with you or
an associate of yours to discuss these issues.
Sincerely,

Anibal Acevedo-Vila

Resident Commissioner,
Member of Congress.
____

House of Representatives,

Washington, DC, March 27, 2003.
Hon. Joe Knollenberg,
Subcommittee on Military Construction, Rayburn House Office
Building, Washington, DC.
Dear Chairman Knollenberg: During consideration of Military
Construction Appropriations for fiscal year 2004, I
respectfully request that the Subcommittee include language
that calls for a thorough evaluation of the military
facilities in Puerto Rico, including facilities at Naval
Station Roosevelt Roads (NSRR). This evaluation should
include what excess infrastructure currently exists and what
will become available once the Navy finishes downsizing at
NSRR in conjunction with the closure of the Atlantic Fleet
Weapons Training Facility's (AFWTF) Inner Range
The Committee should be aware that Puerto Rico has a
longstanding and impressive history of military commitment
and sacrifice with the U.S. I am concerned that the difficult
environmental and safety issues surrounding the AFWTF inner
range have overshadowed this ongoing commitment by Puerto
Ricans. Furthermore, Congress cannot let this issue hamper
our ability to effectively take on the numerous challenges we
face, including: the war on terror abroad and here in the
Western Hemisphere; efforts to wage war on drugs; to provide
for Special Operations training and missions; and to provide
the best facilities and preparedness for homeland security. I
feel that should NSRR in particular not be fully utilized to
meet numerous security threats, that indeed our preparedness
could well be undermined.
An ongoing military presence at NSRR during these uncertain
global conditions offers numerous opportunities beyond the
traditional naval presence at NSRR. Puerto Rico's strategic
location in the Caribbean along with significant base
capabilities provides ready access and other advantages that
should be fully utilized. I suggest the following language be
considered by the Committee in order to prevent
underutilization of a strategic military facility when we can
least afford to make such a mistake.
``Therefore the Committee directs the Secretary of Defense,
in consultation with the Department of Homeland Security, the
Department of Transportation and the Department of Justice to
conduct an audit of ongoing operations in Puerto Rico and
report to the Committee on Appropriations what steps may be
necessary to maximize the use of existing infrastructure and
what additional investments may be necessary to meet the
operational needs of the agencies involved.''
I appreciate your consideration of this request and remain
available to discuss this matter with you at your
convenience.
Sincerely,

Anibal Acevedo-Vila,

Resident Commissioner,
Member of Congress.
____

House of Representatives,

Washington, DC, April 4, 2003.
Hon. Harold Rogers,
Chairman, Subcommittee on Homeland Security Appropriations,
Rayburn House Office Building, Washington, DC.
Dear Chairman Rogers: I write to respectfully request that
you include in the Homeland Security Appropriations Act for
FY 2004 a feasibility study regarding the potential for
Department of Homeland Security facilities to be situated at
Naval Station Roosevelt Roads, Puerto Rico (NSRR).
Naval Station Roosevelt Roads, a 31,000+ acre naval base
located at the eastern end of Puerto Rico, contains 1200
buildings with over 4.6 million square feet of space. In
addition to myriad naval assets, this facility also houses
the Special Operations Headquarters for the U.S. Southern
Command. By virtue of these facilities, NSRR provides a
secure location, secure communications networks, and a
domestic, forward-deployed location to the U.S. government.
Essential DHS functions, such as border and maritime
security, customs enforcement and counter-terrorism could be
suitably located at NSRR, and would permit a high-degree of
coordination between DHS and the armed forces. NSRR's
position in the Caribbean is vital due to the growing threat
of terrorist groups in Central and South America, drug
trafficking to the U.S. from the Caribbean and South and
Central America, and the unfortunate possibility that
experienced drug smugglers could ferry weapons of mass
destruction into the United States. As the nexus between drug
trafficking and terrorism emerges, this location can further
aid in the interdiction of both threats.
In order to examine the benefits that NSRR may provide to
the DHS, I suggest that the following language be considered
by the Committee:
``The Committee directs the Secretary of the Department of
Homeland Security, in consultation with the Department of
Defense, the Department of Justice and the Department of
Transportation to conduct a feasibility study to determine
the possible benefits of locating facilities of the
Department of Homeland Security at Naval Station Roosevelt
Roads, Puerto Rico.''
I appreciate your consideration of this request. Should you
have any questions, please do not hesitate to contact me or
my staff, Eric Lausten, at 225-2615.
Sincerely,
Anibal Acevedo-Vila,
Resident Commissioner.
Member of Congress.

Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Puerto Rico?
There was no objection.

Amendment Offered by Ms. Bordallo

Ms. BORDALLO. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Ms. Bordallo:
Add at the end (before the short title) the following new
section:
Sec. __. None of the funds appropriated or otherwise made
available by this Act may be used to overhaul, repair, or
maintain in a shipyard outside the United States or Guam any
naval vessel that has no designated homeport and is located
in an area of responsibility of the Unified Combatant Command
encompassing a United States or Guam shipyard.

Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on
the gentlewoman's amendment.

{time} 1245

Ms. BORDALLO. Mr. Chairman, I rise today to request that the House
take action to ensure that Military Sealift Command vessels, known as
MSC vessels, are repaired in American shipyards. This would ensure that
the money we appropriate here today is used to not only ``buy
American,'' but to ``repair American'' as well.
You would think that if anything would be repaired in the USA, it
would be our naval fleet procured with taxpayer funds. Unfortunately,
the Military Sealift Command thwarts the will of Congress by exploiting
a loophole in the current law to designate its vessels as having no
home port. The MSC then repairs the vessels in foreign ship repair
facilities in places such as Singapore and Korea. Such repair work is
done without regard to American health, labor and environmental
standards. Using foreign ports runs counter to force protection
requirements following the October 12, 2000, terrorist attack on the
USS Cole.
Mr. MURTHA. Mr. Chairman, will the gentlewoman yield?
Ms. BORDALLO. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Chairman, one of the problems we have with this
amendment is it should be in the authorization bill rather than our
bill. But at any rate, it would really be very difficult for us to
apply something like this.
I understand what the gentlewoman is trying to do, but I would hope
that the gentlewoman would withdraw this amendment and let us see what
we can work out, because we have a lot of ``buy American'' provisions.
This is kind of a new wrinkle to it. But we have an awful lot of
operational problems that we might run into if we prohibited some of
these things from being done.
For instance, I remember the Roberts was first taken into a port in
Dubai, I think it was, and then we finally shipped it back to the
United States. But I think we need some more time to look at this. I
appreciate your

[[Page H6302]]

thoughts, and I know we will work with you trying to come up with
something.
Ms. BORDALLO. Mr. Chairman, reclaiming my time, I understand, and I
would be very willing to work with the gentleman concerning this
situation with the MSC ships. I look forward to working with you to
resolve this.
Mr. Chairman, I ask unanimous consent to withdraw my amendment. I
will work with the gentleman from Pennsylvania (Mr. Murtha) on the
matter.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Guam?
There was no objection.

Amendment Offered by Mr. Inslee

Mr. INSLEE. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Inslee:
At the end of the bill (before the short title), insert the
following:
Sec. . None of the funds made available in this Act may
be used to suspend, modify, or waive any provision of law
under chapter 43, 71, 75, or 77 of title 5, United States
Code, or any regulations promulgated under those provisions
of law.
Mr. LEWIS of California. Mr. Chairman, I reserve a point of order
against the amendment.
The CHAIRMAN. The gentleman reserves a point of order.
Mr. INSLEE. Mr. Chairman, our amendment would ensure that no funds
would be used essentially to alter our existing civilian personnel
system for the proud men and women who are civilian employees of our
defense system.
This basically is a response to the work we are now doing in an
attempt to find a reasonable and protective reform package that
originally left the House as H.R. 1588. We are concerned that the
language of that bill, if in fact it would be implemented, would
substantially degrade our protections of our civilian employees who are
doing workman-like work.
Basically, we had concerns about that bill because it was overly
broad and was really a rushed approach to civilian systems, but we are
also troubled by a lack of explicit protections for fundamental worker
rights. Currently, the bill has a lack of protection for true
collective bargaining, a lack of a real right of fair appeals, a lack
of adequate overtime and weekend compensation, preference for veterans
and equal pay for equal work.
Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
Mr. INSLEE. I yield to the gentleman from California.
Mr. LEWIS of California. Mr. Chairman, I appreciate the gentleman's
yielding.
Let me mention that the gentleman and I have had a chance to discuss
this, and I am aware of his concerns. The gentleman and I have very
similar concerns in this arena.
Frankly, I would hope that, if the gentleman withdraw this amendment,
we will have a chance to discuss it further and try to provide the kind
of flexibility we need to give him the assurance and employees the
assurance they need so we can go forward in a positive way.
Mr. INSLEE. Mr. Chairman, reclaiming my time, I appreciate those
comments, and will look forward to working with the gentleman, because
we do not obviously want to go back to those bad old days of nepotism
and poor performance and political selection. I look forward to working
with the gentleman to get an honest, reasonable bill.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.

Amendment Offered by Mr. Hostettler

Mr. HOSTETTLER. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Hostettler:
Insert at the end, before the short title, the following
new section:
Sec. __. None of the funds made available by this Act may
be used to carry out sections 2912, 2913, and 2914 of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
related to the 2005 round of base closures and realignments.

Mr. LEWIS of California. Mr. Chairman, I reserve a point of order
against the amendment.
The CHAIRMAN. The gentleman reserves a point of order.
(Mr. HOSTETTLER asked and was given permission to revise and extend
his remarks.)
Mr. HOSTETTLER. Mr. Chairman, I rise today to offer an amendment to
the FY 2004 Defense Appropriations Act that would prohibit any funds in
this act from being used to carry out activities in 2004 related to the
next round of Base Realignment and Closure, or BRAC, currently
authorized to take place in 2005.
The purpose is to put a hold on the implementation of BRAC-related
activities until Congress and the Department of Defense can get a
better handle on the expected savings, anticipated force structure and
infrastructure changes, and the actual need for additional closures.
As many of my colleagues know, in 2001, the Defense Department
testified to Congress that it has 20 to 25 percent excess physical
capacity that must be eliminated, so the President's fiscal 2002 budget
proposal to Congress requested authorization to carry out another round
of base closures.
As part of the FY 2002 Defense Authorization Act, the Senate
authorized a BRAC round to take place in 2005. The House specifically
refused to include any such BRAC authorization in its version of the
bill, but this body did agree to the Senate's BRAC provision when it
passed the conference report to the FY 2002 authorization bill.
To date, we have gone through four different rounds of military base
closure process, in 1989, 1991, 1993, and 1995. Through these rounds,
we saw the BRAC commission's result in the closing of over 450 military
installations of various size, mission and stature in the United
States.
Nearly everyone currently involved in this process agrees that all
the low-hanging fruit have already been picked. Yet the current
administration succeeded in enacting another round for 2005 following
the horrific events of September 11, 2001. On December 28, 2001, just a
little more than 3 months after those deadly attacks, and 3 days after
Christmas, the President signed into law the FY 2002 defense
authorization bill, which included the BRAC authorization provision at
his request.
The administration seems to sincerely believe there is a 20 to 25
percent excess military infrastructure, and the administration has a
laudable goal of finding additional savings in the defense budget to
free up funds for procurement and new weapons systems.
Specifically, the Department of Defense claims that it could save as
much as $6.6 billion per year with an additional round of base
closures. But there are many reasons to question both the Department's
rationale and its estimates.
First, this Congress deserves to know the details about the suggested
excess capacity. Is it 20 percent? 25 percent? 23 percent? The 5
percent difference is not insignificant, particularly when you are
talking about the hundreds of U.S. military bases. And where is that
excess capacity exactly?
Furthermore, DOD estimates that it eliminated 71,000 Federal civilian
jobs and 39,800 military positions in the past four BRAC rounds.
Unfortunately, no one could give me an estimate of how many of those
jobs were transferred to private contractors still paid through DOD
contracts. Eliminating military positions, only to replace them with
private contractors, raises doubts about any potential savings.
Regarding the estimated savings from additional base closures, I must
advise the House of an April 2002 Government Accounting Office, GAO,
report that indicates the previous four base closure rounds have
produced a net savings of $16.7 billion through FY 2001. GAO, however,
admits that these are the Defense Department's numbers and that they
could not be independently verified because DOD's accounting systems
are not oriented to identifying and tracking savings.
GAO further noted that the estimates do not include a cumulative $1.5
billion cost incurred by the Federal Government to assist communities
affected by the closure process or $3.5 billion in environmental costs
expected beyond FY 2001. Because the BRAC savings estimates cannot be
supported by real data, the GAO report had to affirm the DOD numbers,
while characterizing the savings as ``imprecise and rough
approximations.''

[[Page H6303]]

The Members of this body need to understand that when Defense
Department officials talk about so-called savings from a BRAC round,
they are not talking about real cost savings. Most of the so-called
cost savings are actually cost avoidances.
DOD also claims that it needs savings from BRAC to fund new weapons
systems in support of the military transformation. However, the first
few years of a BRAC round requires hundreds of millions of dollars in
upfront investments costs. This includes upfront costs for new military
construction, for relocated troops and families, new MILCON dollars for
realigned missions, new money for environmental restoration and base
conveyance procedures.
To complicate the problem, DOD still does not have solid data on
costs of environmental clean up. Our current information indicates that
environmental clean-up costs have exceeded $10 billion, and the
estimated environmental costs beyond 2001 rose from $2.4 billion in
1999 to $3.5 billion as stated in last year's GAO report on purported
BRAC savings.
Deputy Under Secretary of Defense for Installations and Environment,
Ray DuBois, summed it up well when he told the DOD Roundtable in
December 2002 the following: ``The excess capacity statistic, which the
Secretary and others, including myself, have referred to, is based on a
1998 capacity utilization study. It is true that there is excess
capacity in some range of 20 to 25 percent, but that is a clumsy number
insofar as it is an aggregate number.''
He goes on to say: ``Remember that BRAC is not inexpensive. BRAC will
probably end up costing the Department of Defense, over a 4- to 6-year
period, depending upon how large the BRAC is, depending upon how much
capacity you are reducing, and by definition, how much you are
realigning it, it could cost 10 to $20 billion over that period of
time.''
Mr. Chairman, I ask for my colleagues to support the amendment to
limit the funding for BRAC in this appropriations bill.
Mr. LEWIS of California. Mr. Chairman, I rise to very briefly oppose
this amendment.
Mr. Chairman, this is appropriately an item that should be a part of
the authorization process. It is my understanding at the subcommittee
level there was support for this proposal and there was a decision at
the full committee to turn that around, and the authorizing committee
has spoken in terms of this question.
It is, in my judgment, poor policy on the part of the Committee on
Appropriations, going through the back door by limiting appropriations
to essentially undo what is the policy in the existing law, a policy
which has not been changed by the authorizing committee.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. LEWIS of California. I yield to the gentleman from Washington.
The CHAIRMAN. Does the gentleman from California still reserve his
point of order?
Mr. LEWIS of California. Mr. Chairman, I withdraw my point of order.
Mr. DICKS. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, it is true that it does cost a substantial amount of
money in the first few years; but there is no question that, long-term,
billions and billions of dollars have been saved because of the BRACs
we have had in the past. So I think we should move forward on this, and
it would be wrong to do it in this bill. It would be an authorization
matter. I think it is a mistake, and I support the chairman in his
opposition to the amendment.
Mr. LEWIS of California. Mr. Chairman, reclaiming my time, I very
strongly oppose the amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Indiana (Mr. Hostettler).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. HOSTETTLER. Mr. Chairman, I demand a recorded vote; and pending
that, I make the point of order that a quorum is not present.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Indiana (Mr. Hostettler)
will be postponed.
The point of no quorum is considered withdrawn.
Mr. CARDIN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I had intended to offer an amendment that would have
restated the policy of our country against the use of torture. The
reason that I was going to offer that amendment is that I do represent
this body in the Commission on Security and Cooperation in Europe; and
in many of our meetings, the issue of the use of torture has been
raised, particularly in light of our war against terrorism. I might
tell you there have also been press accounts recently that call into
question the use of torture in regards to the campaign against
terrorism.
However, Mr. Chairman, I think the President of the United States,
along with the representatives from the State Department and Defense
Department, have made it very clear on the U.S. policy in this regard.

{time} 1300

Let me just point out that on June 26, the International Day in
Support of the Victims of Torture, President Bush declared that
``Torture anywhere is an affront to human dignity everywhere.'' He
observed that ``Freedom from torture is an inalienable human right.''
The State Department also noted that ``Freedom from torture is an
inalienable human right, and the prohibition of torture is a basic
principle of international human rights law. This prohibition is
absolute and allows no exceptions.'' Finally, as the General Counsel to
the Defense Department William Haynes wrote to Senator Leahy recently,
``The United States does not permit, tolerate, or condone any such
torture by its employees under any circumstances.''
Mr. Chairman, I think the record is very clear on the U.S. position
in regards to the use of torture, and, therefore, I will not pursue an
amendment at this time. I thank my colleagues for their patience.
Mr. LEWIS of California. Mr. Chairman, I move that the Committee do
now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr. Tom
Davis of Virginia) having assumed the chair, Mr. Camp, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 2658)
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2004, and for other purposes, had come to no
resolution thereon.

____________________