[Congressional Record Volume 149, Number 108 (Monday, July 21, 2003)]
[Senate]
[Pages S9643-S9659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 TEXT OF H.R. 2658 AS PREVIOUSLY PASSED

  On July 17, 2003, the Senate passed H.R. 2658, as amended, as 
follows:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2004, for military functions 
     administered by the Department of Defense, and for other 
     purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $28,282,764,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $23,309,791,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $8,994,426,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $22,993,072,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Reserve Officers' 
     Training Corps, and expenses authorized by section 16131 of 
     title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $3,584,735,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Reserve Officers' Training Corps, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $2,027,945,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $587,619,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Air Reserve 
     Officers' Training Corps, and expenses authorized by section 
     16131 of title 10, United States Code; and for payments to 
     the Department of Defense Military Retirement Fund, 
     $1,332,301,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $5,598,504,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $2,228,830,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $11,034,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, $24,922,949,000: Provided, That of the 
     funds appropriated in this paragraph, not less than 
     $355,000,000 shall be made available only for conventional 
     ammunition care and maintenance.

                    Operation and Maintenance, Navy

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $4,463,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, 
     $28,183,284,000.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $3,418,023,000.

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,801,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes, $26,698,375,000.

                Operation and Maintenance, Defense-Wide


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $16,279,006,000, of which not to exceed 
     $35,000,000, may be available for the CINC initiative fund; 
     and of which not to exceed $45,000,000, can be used for 
     emergencies and extraordinary expenses, to be expended on the 
     approval or authority of the Secretary of Defense, and 
     payments may be made on his certificate of necessity for 
     confidential military purposes: Provided, That none of the 
     funds appropriated or otherwise made available by this Act 
     may be used to plan or implement the consolidation of a 
     budget or appropriations liaison office of the Office of the 
     Secretary of Defense, the office of the Secretary of a 
     military department, or the service headquarters of one of 
     the Armed Forces into a legislative affairs or legislative 
     liaison office: Provided further, That $2,700,000, to remain 
     available until expended, is available only for expenses 
     relating to certain classified activities, and may be 
     transferred as necessary by the Secretary to operation and 
     maintenance appropriations or research, development, test and 
     evaluation appropriations, to be merged with and to be 
     available for the same time period as the appropriations to 
     which transferred: Provided further, That any ceiling on the 
     investment item unit cost of items that

[[Page S9644]]

     may be purchased with operation and maintenance funds shall 
     not apply to the funds described in the preceding proviso: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,964,009,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,172,921,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $173,952,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $2,179,188,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $4,273,131,000.

             Operation and Maintenance, Air National Guard

       For operation and maintenance of the Air National Guard, 
     including medical and hospital treatment and related expenses 
     in non-Federal hospitals; maintenance, operation, repair, and 
     other necessary expenses of facilities for the training and 
     administration of the Air National Guard, including repair of 
     facilities, maintenance, operation, and modification of 
     aircraft; transportation of things, hire of passenger motor 
     vehicles; supplies, materials, and equipment, as authorized 
     by law for the Air National Guard; and expenses incident to 
     the maintenance and use of supplies, materials, and 
     equipment, including such as may be furnished from stocks 
     under the control of agencies of the Department of Defense; 
     travel expenses (other than mileage) on the same basis as 
     authorized by law for Air National Guard personnel on active 
     Federal duty, for Air National Guard commanders while 
     inspecting units in compliance with National Guard Bureau 
     regulations when specifically authorized by the Chief, 
     National Guard Bureau, $4,418,616,000.

            Overseas Contingency Operations Transfer Account


                     (including transfer of funds)

       For expenses directly relating to Overseas Contingency 
     Operations by United States military forces, $10,000,000, to 
     remain available until expended: Provided, That the Secretary 
     of Defense may transfer these funds only to military 
     personnel accounts; operation and maintenance accounts within 
     this title; the Defense Health Program appropriation; 
     procurement accounts; research, development, test and 
     evaluation accounts; and to working capital funds: Provided 
     further, That the funds transferred shall be merged with and 
     shall be available for the same purposes and for the same 
     time period, as the appropriation to which transferred: 
     Provided further, That upon a determination that all or part 
     of the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That the transfer authority provided in this paragraph is in 
     addition to any other transfer authority contained elsewhere 
     in this Act.

          United States Courts of Appeals for the Armed Forces

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

                    Environmental Restoration, Army


                     (including transfer of funds)

       For the Department of the Army, $396,018,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                    Environmental Restoration, Navy


                     (including transfer of funds)

       For the Department of the Navy, $256,153,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                  Environmental Restoration, Air Force


                     (including transfer of funds)

       For the Department of the Air Force, $384,307,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation.

                Environmental Restoration, Defense-Wide


                     (including transfer of funds)

       For the Department of Defense, $24,081,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

         Environmental Restoration, Formerly Used Defense Sites


                     (including transfer of funds)

       For the Department of the Army, $312,619,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 2547, and 2561 of title 10, United States Code), 
     $59,000,000, to remain available until September 30, 2005.

                  Former Soviet Union Threat Reduction

       For assistance to the republics of the former Soviet Union, 
     including assistance provided by contract or by grants, for 
     facilitating the elimination and the safe and secure 
     transportation and storage of nuclear, chemical and other 
     weapons; for establishing programs to prevent the 
     proliferation of weapons, weapons components, and weapon-
     related technology and expertise; for programs relating to 
     the training and support of defense and military personnel 
     for demilitarization and protection of weapons, weapons 
     components and weapons technology and expertise, and for 
     defense and military contacts, $450,800,000, to remain 
     available until September 30, 2006: Provided, That of the 
     amounts provided under this heading, $10,000,000 shall be 
     available only to support the dismantling and disposal of 
     nuclear submarines, submarine reactor components, and 
     warheads in the Russian Far East.

[[Page S9645]]

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $2,027,285,000, to remain available for obligation until 
     September 30, 2006.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,444,462,000, to remain available for obligation until 
     September 30, 2006.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $1,732,004,000, to remain available for 
     obligation until September 30, 2006.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,419,759,000, to remain available for obligation until 
     September 30, 2006.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of passenger motor vehicles for 
     replacement only; and the purchase of 4 vehicles required for 
     physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $180,000 per vehicle; communications and electronic 
     equipment; other support equipment; spare parts, ordnance, 
     and accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $4,573,902,000, to remain available for obligation until 
     September 30, 2006.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $9,017,548,000, to remain available 
     for obligation until September 30, 2006.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $1,967,934,000, to remain available for obligation until 
     September 30, 2006.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $924,355,000, to remain available for obligation until 
     September 30, 2006.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long leadtime 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Carrier Replacement Program (AP), $1,186,564,000;
       NSSN, $1,511,935,000;
       NSSN (AP), $827,172,000;
       SSGN, $930,700,000;
       SSGN (AP), $236,600,000;
       CVN Refuelings (AP), $232,832,000;
       SSN Submarine Refuelings, $450,000,000;
       SSN Submarine Refuelings (AP), $20,351,000;
       SSBN Submarine Refuelings (AP), $136,800,000;
       DDG-51 Destroyer, $3,218,311,000;
       LPD-17, $1,192,034,000;
       LPD-17 (AP), $75,000,000;
       LHD-8, $591,306,000;
       LCAC Landing Craft Air Cushion, $73,087,000;
       Prior year shipbuilding costs, $635,502,000;
       Service Craft, $15,980,000; and
       For outfitting, post delivery, conversions, and first 
     destination transportation, $348,449,000;
       In all: $11,682,623,000, to remain available for obligation 
     until September 30, 2008: Provided, That additional 
     obligations may be incurred after September 30, 2008, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction: Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel: 
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of passenger 
     motor vehicles for replacement only, and the purchase of 7 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $180,000 per vehicle; expansion of 
     public and private plants, including the land necessary 
     therefor, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $4,734,808,000, to remain available 
     for obligation until September 30, 2006.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of passenger motor vehicles for 
     replacement only; and expansion of public and private plants, 
     including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, 
     $1,090,399,000, to remain available for obligation until 
     September 30, 2006.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $11,997,460,000, to remain available for obligation until 
     September 30, 2006.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related

[[Page S9646]]

     equipment, including spare parts and accessories therefor, 
     ground handling equipment, and training devices; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $4,215,333,000, to remain available for obligation until 
     September 30, 2006.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,265,582,000, to remain available for obligation until 
     September 30, 2006.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of passenger motor vehicles for replacement 
     only, and the purchase of 1 vehicle required for physical 
     security of personnel, notwithstanding price limitations 
     applicable to passenger vehicles but not to exceed $180,000 
     per vehicle; lease of passenger motor vehicles; and expansion 
     of public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $11,536,097,000, to remain available for obligation 
     until September 30, 2006.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of passenger motor vehicles for 
     replacement only; and the purchase of 4 vehicles required for 
     physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $180,000 per vehicle; expansion of public and private 
     plants, equipment, and installation thereof in such plants, 
     erection of structures, and acquisition of land for the 
     foregoing purposes, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $3,568,851,000, to remain 
     available for obligation until September 30, 2006.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces, $700,000,000, 
     to remain available for obligation until September 30, 2006: 
     Provided, That the Chiefs of the Reserve and National Guard 
     components shall, not later than 30 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees the modernization priority assessment for their 
     respective Reserve or National Guard component.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
     $77,516,000, to remain available until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $9,513,048,000, to remain available 
     for obligation until September 30, 2005.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $14,886,381,000, to remain 
     available for obligation until September 30, 2005: Provided, 
     That funds appropriated in this paragraph which are available 
     for the V-22 may be used to meet unique operational 
     requirements of the Special Operations Forces: Provided 
     further, That funds appropriated in this paragraph shall be 
     available for the Cobra Judy program.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $20,086,290,000, to remain 
     available for obligation until September 30, 2005.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $18,774,428,000, to 
     remain available for obligation until September 30, 2005.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation, in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $304,761,000, to remain available for obligation 
     until September 30, 2005.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,449,007,000: 
     Provided, That during fiscal year 2004, funds in the Defense 
     Working Capital Funds may be used for the purchase of not to 
     exceed 4 passenger motor vehicles for replacement only for 
     the Defense Logistics Agency.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744), and for the 
     necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $344,148,000, to remain available until 
     expended: Provided, That none of the funds provided in this 
     paragraph shall be used to award a new contract that provides 
     for the acquisition of any of the following major components 
     unless such components are manufactured in the United States: 
     auxiliary equipment, including pumps, for all shipboard 
     services; propulsion system components (that is; engines, 
     reduction gears, and propellers); shipboard cranes; and 
     spreaders for shipboard cranes: Provided further, That the 
     exercise of an option in a contract awarded through the 
     obligation of previously appropriated funds shall not be 
     considered to be the award of a new contract: Provided 
     further, That the Secretary of the military department 
     responsible for such procurement may waive the restrictions 
     in the first proviso on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That, notwithstanding 
     any other provision of law, $8,500,000 of the funds available 
     under this heading shall be available in addition to other 
     amounts otherwise available, only to finance the cost of 
     constructing additional sealift capacity.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense, as 
     authorized by law, $15,656,913,000, of which $14,918,791,000 
     shall be for Operation and maintenance, of which not to 
     exceed 2 percent shall remain available until September 30, 
     2005, and of which not more than $7,420,972,000 shall be 
     available for contracts entered into under the TRICARE 
     program; of which $327,826,000, to remain available for 
     obligation until September 30, 2006, shall be for 
     Procurement; of which $410,296,000, to remain available for 
     obligation until September 30, 2005, shall be for Research, 
     development, test and evaluation.

            Chemical Agents and Munitions Destruction, Army

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $1,620,076,000, of which $1,169,168,000 
     shall be for Operation and maintenance to remain available 
     until September 30, 2005; $79,212,000 shall be for 
     Procurement to remain available until September 30, 2006; 
     $251,881,000 shall be for Research, development, test and 
     evaluation to remain available until September 30, 2005; 
     $119,815,000 shall be for military construction to remain 
     available until September 30, 2008: Provided, That, 
     notwithstanding any other provision of law, $10,000,000 of 
     the funds available under this heading shall be expended only 
     to fund Chemical Stockpile Emergency Preparedness Program 
     evacuation route improvements in Calhoun County, Alabama.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title

[[Page S9647]]

     10 and title 32, United States Code; for Operation and 
     maintenance; for Procurement; and for Research, development, 
     test and evaluation, $832,371,000: Provided, That the funds 
     appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority contained elsewhere in this 
     Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $162,449,000, of which 
     $160,049,000 shall be for Operation and maintenance, of which 
     not to exceed $700,000, is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes and of which $300,000, to 
     remain available until September 30, 2005, shall be for 
     Research, development, test and evaluation; and of which 
     $2,100,000, to remain available until September 30, 2006, 
     shall be for Procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $226,400,000.

               Intelligence Community Management Account


                     (including transfer of funds)

       For necessary expenses of the Intelligence Community 
     Management Account, $165,390,000, of which $26,081,000 for 
     the Advanced Research and Development Committee shall remain 
     available until September 30, 2005: Provided, That of the 
     funds appropriated under this heading, $34,100,000 shall be 
     transferred to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities, and of 
     the said amount, $1,500,000 for Procurement shall remain 
     available until September 30, 2006 and $1,000,000 for 
     Research, development, test and evaluation shall remain 
     available until September 30, 2005: Provided further, That 
     the National Drug Intelligence Center shall maintain the 
     personnel and technical resources to provide timely support 
     to law enforcement authorities and the intelligence community 
     by conducting document and computer exploitation of materials 
     collected in Federal, State, and local law enforcement 
     activity associated with counter-drug, counter-terrorism, and 
     national security investigations and operations.

Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental 
                            Restoration Fund

       For payment to Kaho'olawe Island Conveyance, Remediation, 
     and Environmental Restoration Fund, as authorized by law, 
     $18,430,000, to remain available until expended.

                 National Security Education Trust Fund

       For the purposes of title VIII of Public Law 102-183, 
     $8,000,000, to be derived from the National Security 
     Education Trust Fund, to remain available until expended.

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002. During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004. No more than 20 percent of the appropriations in 
     this Act which are limited for obligation during the current 
     fiscal year shall be obligated during the last 2 months of 
     the fiscal year: Provided, That this section shall not apply 
     to obligations for support of active duty training of reserve 
     components or summer camp training of the Reserve Officers' 
     Training Corps.


                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $2,100,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress: Provided further, 
     That a request for multiple reprogrammings of funds using 
     authority provided in this section must be made prior to June 
     30, 2004.


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session in advance to the 
     congressional defense committees.
       Sec. 8008. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any 1 year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any 1 year, unless the congressional 
     defense committees have been notified at least 30 days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement.
       Funds appropriated in title III of this Act may be used for 
     multiyear procurement contracts as follows:
       C-130 aircraft;
       F/A-18E and F engine;
       F/A-18 aircraft;
       E-2C aircraft; and
       Virginia Class Submarine:
     Provided, That the Secretary of the Navy may not enter into a 
     multiyear contract for the procurement of more than one 
     Virginia Class Submarine per year.
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code: Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239: Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize

[[Page S9648]]

     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8010. (a) During fiscal year 2004, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2005 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2005 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2005.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. None of the funds appropriated in this or any 
     other Act may be used to initiate a new installation overseas 
     without 30-day advance notification to the Committees on 
     Appropriations.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     subsection shall not apply to those members who have 
     reenlisted with this option prior to October 1, 1987: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       Sec. 8014. (a) None of the funds appropriated by this Act 
     may be used for converting to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     Department of Defense employees unless the conversion is 
     based on the results of a public-private competition process 
     that--
       (1) applies the most efficient organization process except 
     to the performance of an activity or function involving 10 or 
     fewer employees (but prohibits any modification, 
     reorganization, division, or other change that is done for 
     the purpose of qualifying the activity or function for such 
     exception);
       (2) provides no advantage to an offeror for a proposal to 
     save costs for the Department of Defense by offering 
     employer-sponsored health insurance benefits to workers to be 
     employed under contract for the performance of such activity 
     or function that are in any respect less beneficial to the 
     workers than the benefits provided for Federal employees 
     under chapter 89 of title 5, United States Code; and
       (3) requires a determination regarding whether, over all 
     performance periods stated in the solicitation of offers for 
     performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of (A) 10 percent of the most 
     efficient organization's personnel-related costs for 
     performance of that activity or function by Federal 
     employees, or (B) $10,000,000.
       (b) The Secretary of Defense may, in the Secretary's 
     discretion, apply the tradeoff source selection public-
     private competition process under Office of Management and 
     Budget Circular A-76 to the performance of services related 
     to the design, installation, operation, or maintenance of 
     information technology (as defined in section 11101 of title 
     40, United States Code).
       (c)(1) This section does not apply to a conversion of an 
     activity or function of the Department of Defense to 
     contractor performance if the Secretary of Defense (A) 
     determines in writing that compliance would have a 
     substantial adverse impact on the ability of the Department 
     of Defense to perform its national security missions, and (B) 
     publishes such determination in the Federal Register.
       (2) This section and subsections (a), (b), and (c) of 
     section 2461 of title 10, United States Code, do not apply 
     with respect to the performance of a commercial or industrial 
     type activity or function that--
       (A) is on the procurement list established under section 2 
     of the Javits-Wagner-O'Day Act (41 U.S.C. 47); or
       (B) is planned to be converted to performance by--
       (i) a qualified nonprofit agency for the blind or a 
     qualified nonprofit agency for other severely handicapped (as 
     such terms are defined in section 5 of such Act (41 U.S.C. 
     48b); or
       (ii) a commercial business at least 51 percent of which is 
     owned by an Indian tribe (as defined in section 4(e) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b(e))) or a Native Hawaiian Organization (as 
     defined in section 8(a)(15) of the Small Business Act (15 
     U.S.C. 637(a)(15))).
       (d) Nothing in this Act shall affect depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (e) The conversion of any activity or function of the 
     Department of Defense under the authority provided herein 
     shall be credited toward any competitive or outsourcing goal, 
     target or measurement that may be established by statute, 
     regulation or policy and shall be deemed to be awarded under 
     the authority of and in compliance with Public Law 98-369, 
     Div. B, Title VII, sections 2723(a) and 2727(b) (codified at 
     10 U.S.C. 2304) for the competition or outsourcing of 
     commercial activities.


                          (transfer of funds)

       Sec. 8015. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) or TRICARE shall be available 
     for the reimbursement of any health care provider for 
     inpatient mental health service for care received when a 
     patient is referred to a provider of inpatient mental health 
     care or residential treatment care by a medical or health 
     care professional having an economic interest in the facility 
     to which the patient is referred: Provided, That this 
     limitation does not apply in the case of inpatient mental 
     health services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services required by the patient, and the availability of 
     that care.
       Sec. 8018. Notwithstanding any other provision of law, 
     during the current fiscal year, the Secretary of Defense may, 
     by executive agreement, establish with host nation 
     governments in NATO member states a separate account into 
     which such residual value amounts negotiated in the return of 
     United States military installations in NATO member states 
     may be deposited, in the currency of the host nation, in lieu 
     of direct monetary transfers to the United States Treasury: 
     Provided, That such credits may be utilized only for the 
     construction of facilities to support United States military 
     forces in that host nation, or such real property maintenance 
     and base operating costs that are currently executed through 
     monetary transfers to such host nations: Provided further, 
     That the Department of Defense's budget submission for fiscal 
     year 2004 shall identify such sums anticipated in residual 
     value settlements, and identify such construction, real 
     property maintenance or base operating costs that shall be 
     funded by the host nation through such credits: Provided 
     further, That all military construction projects to be 
     executed from such accounts must be previously approved in a 
     prior Act of Congress: Provided further, That each such 
     executive agreement with a NATO member host nation shall be 
     reported to the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate 30 days prior to the conclusion and endorsement of any 
     such agreement established under this provision.
       Sec. 8019. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8020. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8021. In addition to the funds provided elsewhere in 
     this Act, $8,000,000 is appropriated only for incentive 
     payments authorized by Section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier

[[Page S9649]]

     as defined in 25 U.S.C. 1544 or a small business owned and 
     controlled by an individual or individuals defined under 25 
     U.S.C. 4221(9) shall be considered a contractor for the 
     purposes of being allowed additional compensation under 
     section 504 of the Indian Financing Act of 1974 (25 U.S.C. 
     1544) whenever the prime contract or subcontract amount is 
     over $500,000 and involves the expenditure of funds 
     appropriated by an Act making Appropriations for the 
     Department of Defense with respect to any fiscal year: 
     Provided further, That notwithstanding 41 U.S.C. Sec. 430, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part by any 
     subcontractor or supplier defined in 25 U.S.C. Sec. 1544 or a 
     small business owned and controlled by an individual or 
     individuals defined under 25 U.S.C. 4221(9): Provided 
     further, That businesses certified as 8(a) by the Small 
     Business Administration pursuant to section 8(a)(15) of 
     Public Law 85-536, as amended, shall have the same status as 
     other program participants under section 602 of Public Law 
     100-656, 102 Stat. 3825 (Business Opportunity Development 
     Reform Act of 1988) for purposes of contracting with agencies 
     of the Department of Defense.
       Sec. 8022. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 30 months after 
     initiation of such study for a multi-function activity.
       Sec. 8023. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8024. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may adjust wage rates 
     for civilian employees hired for certain health care 
     occupations as authorized for the Secretary of Veterans 
     Affairs by section 7455 of title 38, United States Code.
       Sec. 8025. (a) Of the funds for the procurement of supplies 
     or services appropriated by this Act and hereafter, qualified 
     nonprofit agencies for the blind or other severely 
     handicapped shall be afforded the maximum practicable 
     opportunity to participate as subcontractors and suppliers in 
     the performance of contracts let by the Department of 
     Defense.
       (b) During the current fiscal year and hereafter, a 
     business concern which has negotiated with a military service 
     or defense agency a subcontracting plan for the participation 
     by small business concerns pursuant to section 8(d) of the 
     Small Business Act (15 U.S.C. 637(d)) shall be given credit 
     toward meeting that subcontracting goal for any purchases 
     made from qualified nonprofit agencies for the blind or other 
     severely handicapped.
       (c) For the purpose of this section, the phrase ``qualified 
     nonprofit agency for the blind or other severely 
     handicapped'' means a nonprofit agency for the blind or other 
     severely handicapped that has been approved by the Committee 
     for the Purchase from the Blind and Other Severely 
     Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
     48).
       Sec. 8026. During the current fiscal year, net receipts 
     pursuant to collections from third party payers pursuant to 
     section 1095 of title 10, United States Code, shall be made 
     available to the local facility of the uniformed services 
     responsible for the collections and shall be over and above 
     the facility's direct budget amount.
       Sec. 8027. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.


                     (Including Transfer of Funds)

       Sec. 8028. Of the funds made available in this Act, not 
     less than $24,758,000 shall be available for the Civil Air 
     Patrol Corporation: Provided, That funds identified for 
     ``Civil Air Patrol'' under this section are intended for and 
     shall be for the exclusive use of the Civil Air Patrol 
     Corporation and not for the Air Force or any unit thereof.
       Sec. 8029. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2004 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2004, 
     not more than 6,450 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,050 staff years may be funded for 
     the defense studies and analysis FFRDCs.
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2005 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $50,000,000.
       Sec. 8030. None of the funds appropriated or made available 
     in this Act shall be used to procure carbon, alloy or armor 
     steel plate for use in any Government-owned facility or 
     property under the control of the Department of Defense which 
     were not melted and rolled in the United States or Canada: 
     Provided, That these procurement restrictions shall apply to 
     any and all Federal Supply Class 9515, American Society of 
     Testing and Materials (ASTM) or American Iron and Steel 
     Institute (AISI) specifications of carbon, alloy or armor 
     steel plate: Provided further, That the Secretary of the 
     military department responsible for the procurement may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8031. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8032. During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     defense agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8033. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2004. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8034. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year as a result 
     of energy cost savings realized by the Department of Defense 
     shall remain available for obligation for the next fiscal 
     year to the extent, and for the purposes, provided in section 
     2865 of title 10, United States Code.


                     (including transfer of funds)

       Sec. 8035. Amounts deposited during the current fiscal year 
     to the special account established under 40 U.S.C. 
     572(b)(5)(A) and to the special account established under 10 
     U.S.C. 2667(d)(1) are appropriated and shall be available 
     until transferred by the Secretary of Defense to current 
     applicable appropriations or funds of the Department of 
     Defense under the terms and conditions specified by 40 U.S.C. 
     572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with 
     and to be available for the same time period and the same 
     purposes as the appropriation to which transferred.

[[Page S9650]]

       Sec. 8036. The President shall include with each budget for 
     a fiscal year submitted to the Congress under section 1105 of 
     title 31, United States Code, materials that shall identify 
     clearly and separately the amounts requested in the budget 
     for appropriation for that fiscal year for salaries and 
     expenses related to administrative activities of the 
     Department of Defense, the military departments, and the 
     defense agencies.
       Sec. 8037. Notwithstanding any other provision of law, 
     funds available for ``Drug Interdiction and Counter-Drug 
     Activities, Defense'' may be obligated for the Young Marines 
     program.


                     (including transfer of funds)

       Sec. 8038. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8039. (a) In General.--Notwithstanding any other 
     provision of law, the Secretary of the Air Force may convey 
     at no cost to the Air Force, without consideration, to Indian 
     tribes located in the States of North Dakota, South Dakota, 
     Montana, and Minnesota relocatable military housing units 
     located at Grand Forks Air Force Base and Minot Air Force 
     Base that are excess to the needs of the Air Force.
       (b) Processing of Requests.--The Secretary of the Air Force 
     shall convey, at no cost to the Air Force, military housing 
     units under subsection (a) in accordance with the request for 
     such units that are submitted to the Secretary by the 
     Operation Walking Shield Program on behalf of Indian tribes 
     located in the States of North Dakota, South Dakota, Montana, 
     and Minnesota.
       (c) Resolution of Housing Unit Conflicts.--The Operation 
     Walking Shield program shall resolve any conflicts among 
     requests of Indian tribes for housing units under subsection 
     (a) before submitting requests to the Secretary of the Air 
     Force under subsection (b).
       (d) Indian Tribe Defined.--In this section, the term 
     ``Indian tribe'' means any recognized Indian tribe included 
     on the current list published by the Secretary of the 
     Interior under section 104 of the Federally Recognized Indian 
     Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 
     U.S.C. 479a-1).
       Sec. 8040. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8041. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2005 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2005 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2005 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8042. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2005: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
     Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947, as amended, shall 
     remain available until September 30, 2005.
       Sec. 8043. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8044. Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $10,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8045. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality-competitive, and 
     available in a timely fashion.
       Sec. 8046. None of the funds appropriated by this Act shall 
     be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support:
     Provided, That this limitation shall not apply to contracts 
     in an amount of less than $25,000, contracts related to 
     improvements of equipment that is in development or 
     production, or contracts as to which a civilian official of 
     the Department of Defense, who has been confirmed by the 
     Senate, determines that the award of such contract is in the 
     interest of the national defense.
       Sec. 8047. (a) Except as provided in subsection (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to field operating agencies 
     funded within the National Foreign Intelligence Program.
       Sec. 8048. Notwithstanding section 303 of Public Law 96-487 
     or any other provision of law, the Secretary of the Navy is 
     authorized to lease real and personal property at Naval Air 
     Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for 
     commercial, industrial or other purposes: Provided, That 
     notwithstanding any other provision of law, the Secretary of 
     the Navy may remove hazardous materials from facilities, 
     buildings, and structures at Adak, Alaska, and may demolish 
     or otherwise dispose of such facilities, buildings, and 
     structures.


                             (rescissions)

       Sec. 8049. Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:
       ``Shipbuilding and Conversion, Navy, 2002/2006'', 
     $55,000,000;
       ``Procurement of Ammunition, Army, 2003/2005'', 
     $36,000,000;
       ``Other Procurement, Air Force, 2003/2005'', $5,000,000;
       ``Procurement, Defense-Wide, 2003/2005'', $48,000,000;
       ``Research and Development, Defense-Wide, 2003/2004'', 
     $25,000,000;
       ``National Defense Sealift Fund'', $105,300,000.
       Sec. 8050. None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, the Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8051. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of North Korea 
     unless specifically appropriated for that purpose.
       Sec. 8052. During the current fiscal year, funds 
     appropriated in this Act are available to compensate members 
     of the National Guard for duty performed pursuant to a plan 
     submitted by a Governor of a State and approved by the 
     Secretary of Defense under section 112 of title 32, United 
     States Code: Provided, That during the performance of such 
     duty, the members of the National Guard shall be under State 
     command and control: Provided further, That such duty shall 
     be treated as full-time National Guard duty for purposes of 
     sections 12602(a)(2) and (b)(2) of title 10, United States 
     Code.
       Sec. 8053. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Combatant Commands 
     and Defense

[[Page S9651]]

     Agencies shall be available for reimbursement of pay, 
     allowances and other expenses which would otherwise be 
     incurred against appropriations for the National Guard and 
     Reserve when members of the National Guard and Reserve 
     provide intelligence or counterintelligence support to 
     Combatant Commands, Defense Agencies and Joint Intelligence 
     Activities, including the activities and programs included 
     within the National Foreign Intelligence Program (NFIP), the 
     Joint Military Intelligence Program (JMIP), and the Tactical 
     Intelligence and Related Activities (TIARA) aggregate: 
     Provided, That nothing in this section authorizes deviation 
     from established Reserve and National Guard personnel and 
     training procedures.
       Sec. 8054. During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2003 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8055. (a) Limitation on Pentagon Renovation Costs.--
     Not later than the date each year on which the President 
     submits to Congress the budget under section 1105 of title 
     31, United States Code, the Secretary of Defense shall submit 
     to Congress a certification that the total cost for the 
     planning, design, construction, and installation of equipment 
     for the renovation of wedges 2 through 5 of the Pentagon 
     Reservation, cumulatively, will not exceed four times the 
     total cost for the planning, design, construction, and 
     installation of equipment for the renovation of wedge 1.
       (b) Annual Adjustment.--For purposes of applying the 
     limitation in subsection (a), the Secretary shall adjust the 
     cost for the renovation of wedge 1 by any increase or 
     decrease in costs attributable to economic inflation, based 
     on the most recent economic assumptions issued by the Office 
     of Management and Budget for use in preparation of the budget 
     of the United States under section 1104 of title 31, United 
     States Code.
       (c) Exclusion of Certain Costs.--For purposes of 
     calculating the limitation in subsection (a), the total cost 
     for wedges 2 through 5 shall not include--
       (1) any repair or reconstruction cost incurred as a result 
     of the terrorist attack on the Pentagon that occurred on 
     September 11, 2001;
       (2) any increase in costs for wedges 2 through 5 
     attributable to compliance with new requirements of Federal, 
     State, or local laws; and
       (3) any increase in costs attributable to additional 
     security requirements that the Secretary of Defense considers 
     essential to provide a safe and secure working environment.
       (d) Certification Cost Reports.--As part of the annual 
     certification under subsection (a), the Secretary shall 
     report the projected cost (as of the time of the 
     certification) for--
       (1) the renovation of each wedge, including the amount 
     adjusted or otherwise excluded for such wedge under the 
     authority of paragraphs (2) and (3) of subsection (c) for the 
     period covered by the certification; and
       (2) the repair and reconstruction of wedges 1 and 2 in 
     response to the terrorist attack on the Pentagon that 
     occurred on September 11, 2001.
       (e) Duration of Certification Requirement.--The requirement 
     to make an annual certification under subsection (a) shall 
     apply until the Secretary certifies to Congress that the 
     renovation of the Pentagon Reservation is completed.
       Sec. 8056. Notwithstanding any other provision of law, that 
     not more than 35 percent of funds provided in this Act for 
     environmental remediation may be obligated under indefinite 
     delivery/indefinite quantity contracts with a total contract 
     value of $130,000,000 or higher.
       Sec. 8057. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.


                          (transfer of funds)

       Sec. 8058. Appropriations available in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' for 
     increasing energy and water efficiency in Federal buildings 
     may, during their period of availability, be transferred to 
     other appropriations or funds of the Department of Defense 
     for projects related to increasing energy and water 
     efficiency, to be merged with and to be available for the 
     same general purposes, and for the same time period, as the 
     appropriation or fund to which transferred.
       Sec. 8059. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8060. Notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to American Samoa, and 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to the Indian Health 
     Service when it is in conjunction with a civil-military 
     project.
       Sec. 8061. None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8062. Notwithstanding any other provision of law, the 
     Naval shipyards of the United States shall be eligible to 
     participate in any manufacturing extension program financed 
     by funds appropriated in this or any other Act or hereafter 
     in any other Act.
       Sec. 8063. Notwithstanding any other provision of law, each 
     contract awarded by the Department of Defense during the 
     current fiscal year for construction or service performed in 
     whole or in part in a State (as defined in section 381(d) of 
     title 10, United States Code) which is not contiguous with 
     another State and has an unemployment rate in excess of the 
     national average rate of unemployment as determined by the 
     Secretary of Labor, shall include a provision requiring the 
     contractor to employ, for the purpose of performing that 
     portion of the contract in such State that is not contiguous 
     with another State, individuals who are residents of such 
     State and who, in the case of any craft or trade, possess or 
     would be able to acquire promptly the necessary skills: 
     Provided, That the Secretary of Defense may waive the 
     requirements of this section, on a case-by-case basis, in the 
     interest of national security.
       Sec. 8064. None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress: Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8065. (a) Limitation on Transfer of Defense Articles 
     and Services.--Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives, and the Committee on Foreign Relations of 
     the Senate are notified 15 days in advance of such transfer.
       (b) Covered Activities.--This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) Required Notice.--A notice under subsection (a) shall 
     include the following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8066. To the extent authorized by subchapter VI of 
     chapter 148 of title 10, United States Code, the Secretary of 
     Defense may issue loan guarantees in support of United States 
     defense exports not otherwise provided for: Provided, That 
     the total contingent liability of the United States for 
     guarantees issued under the authority of this section may not 
     exceed $15,000,000,000: Provided further, That the exposure 
     fees charged and collected by the Secretary for each 
     guarantee shall be paid by the country involved and shall not 
     be financed as part of a loan guaranteed by the United 
     States: Provided further, That the Secretary shall provide 
     quarterly reports to the Committees on Appropriations, Armed 
     Services, and Foreign Relations of the Senate and the 
     Committees on Appropriations, Armed Services, and 
     International Relations in the House of Representatives on 
     the implementation of this program: Provided further, That 
     amounts charged for administrative fees and deposited to the 
     special account provided for under section 2540c(d) of title 
     10, shall be available for paying the costs of administrative 
     expenses of the Department of Defense that are attributable 
     to the loan guarantee program under subchapter VI of chapter 
     148 of title 10, United States Code.
       Sec. 8067. None of the funds available to the Department of 
     Defense under this Act shall be obligated or expended to pay 
     a contractor under

[[Page S9652]]

     a contract with the Department of Defense for costs of any 
     amount paid by the contractor to an employee when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.
       Sec. 8068. (a) None of the funds appropriated or otherwise 
     made available in this Act may be used to transport or 
     provide for the transportation of chemical munitions or 
     agents to the Johnston Atoll for the purpose of storing or 
     demilitarizing such munitions or agents.
       (b) The prohibition in subsection (a) shall not apply to 
     any obsolete World War II chemical munition or agent of the 
     United States found in the World War II Pacific Theater of 
     Operations.
       (c) The President may suspend the application of subsection 
     (a) during a period of war in which the United States is a 
     party.


                     (including transfer of funds)

       Sec. 8069. During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8070. During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note): 
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account: Provided further, That the total 
     amount charged to a current appropriation under this section 
     may not exceed an amount equal to 1 percent of the total 
     appropriation for that account.
       Sec. 8071. Funds appropriated in title II of this Act and 
     for the Defense Health Program in title VI of this Act for 
     supervision and administration costs for facilities 
     maintenance and repair, minor construction, or design 
     projects, or any planning studies, environmental assessments, 
     or similar activities related to installation support 
     functions, may be obligated at the time the reimbursable 
     order is accepted by the performing activity: Provided, That 
     for the purpose of this section, supervision and 
     administration costs includes all in-house Government cost.
       Sec. 8072. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8073. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source.
       Sec. 8074. None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements: Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use: Provided further, That this restriction does 
     not apply to programs funded within the National Foreign 
     Intelligence Program: Provided further, That the Secretary of 
     Defense may waive this restriction on a case-by-case basis by 
     certifying in writing to the Committees on Appropriations of 
     the House of Representatives and the Senate that it is in the 
     national security interest to do so.
       Sec. 8075. None of the funds made available in this Act may 
     be used to approve or license the sale of the F-22 advanced 
     tactical fighter to any foreign government.
       Sec. 8076. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8077. (a) Prohibition.--None of the funds made 
     available by this Act may be used to support any training 
     program involving a unit of the security forces of a foreign 
     country if the Secretary of Defense has received credible 
     information from the Department of State that the unit has 
     committed a gross violation of human rights, unless all 
     necessary corrective steps have been taken.
       (b) Monitoring.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall ensure that prior to a 
     decision to conduct any training program referred to in 
     subsection (a), full consideration is given to all credible 
     information available to the Department of State relating to 
     human rights violations by foreign security forces.
       (c) Waiver.--The Secretary of Defense, after consultation 
     with the Secretary of State, may waive the prohibition in 
     subsection (a) if he determines that such waiver is required 
     by extraordinary circumstances.
       (d) Report.--Not more than 15 days after the exercise of 
     any waiver under subsection (c), the Secretary of Defense 
     shall submit a report to the congressional defense committees 
     describing the extraordinary circumstances, the purpose and 
     duration of the training program, the United States forces 
     and the foreign security forces involved in the training 
     program, and the information relating to human rights 
     violations that necessitates the waiver.
       Sec. 8078. The Secretary of Defense, in coordination with 
     the Secretary of Health and Human Services, may carry out a 
     program to distribute surplus dental equipment of the 
     Department of Defense, at no cost to the Department of 
     Defense, to Indian Health Service facilities and to 
     federally-qualified health centers (within the meaning of 
     section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
     1396d(l)(2)(B))).
       Sec. 8079. None of the funds appropriated or made available 
     in this Act to the Department of the Navy shall be used to 
     develop, lease or procure the T-AKE class of ships unless the 
     main propulsion diesel engines and propulsors are 
     manufactured in the United States by a domestically operated 
     entity: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes or there exists a significant cost or 
     quality difference.
       Sec. 8080. None of the funds appropriated or otherwise made 
     available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8081. Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any 
     advanced concept technology demonstration project may only be 
     obligated 30 days after a report, including a description of 
     the project, the planned acquisition and transition strategy 
     and its estimated annual and total cost, has been provided in 
     writing to the congressional defense committees: Provided, 
     That the Secretary of Defense may waive this restriction on a 
     case-by-case basis by certifying to the congressional defense 
     committees that it is in the national interest to do so.
       Sec. 8082. (a) Limitation on Availability of Funds for 
     Office of Under Secretary of Defense for Intelligence.--No 
     funds appropriated or otherwise made available by this Act 
     for the Office of the Under Secretary of Defense for 
     Intelligence may be obligated or expended until 30 days after 
     the date on which the report referred to in subsection (c) is 
     submitted to Congress.
       (b) Limitation on Availability of Funds for Clandestine 
     Military Activities.--No

[[Page S9653]]

     funds appropriated or otherwise made available by this Act 
     may be obligated or expended for clandestine military 
     activities until the date on which the report referred to in 
     subsection (c) is submitted to Congress.
       (c) Report.--The report referred to in this subsection is 
     the report required to be submitted to Congress in the 
     classified annex to the Emergency Wartime Supplemental 
     Appropriations Act, 2003 (Public Law 108-11).
       Sec. 8083. During the current fiscal year, refunds 
     attributable to the use of the Government travel card, 
     refunds attributable to the use of the Government Purchase 
     Card and refunds attributable to official Government travel 
     arranged by Government Contracted Travel Management Centers 
     may be credited to operation and maintenance accounts of the 
     Department of Defense which are current when the refunds are 
     received. Not more than $1,000,000 of the amount so credited 
     may be available to provide assistance to spouses and other 
     dependents of deployed members of the Armed Forces to defray 
     the travel expenses of such spouses and other dependents when 
     visiting family members.
       Sec. 8084. (a) Registering Financial Management Information 
     Technology Systems With DOD Chief Information Officer.--None 
     of the funds appropriated in this Act may be used for a 
     mission critical or mission essential financial management 
     information technology system (including a system funded by 
     the defense working capital fund) that is not registered with 
     the Chief Information Officer of the Department of Defense. A 
     system shall be considered to be registered with that officer 
     upon the furnishing to that officer of notice of the system, 
     together with such information concerning the system as the 
     Secretary of Defense may prescribe. A financial management 
     information technology system shall be considered a mission 
     critical or mission essential information technology system 
     as defined by the Under Secretary of Defense (Comptroller).
       (b) Certifications as to Compliance With Financial 
     Management Modernization Plan.--
       (1) During the current fiscal year, a financial management 
     automated information system, a mixed information system 
     supporting financial and non-financial systems, or a system 
     improvement of more than $1,000,000 may not receive Milestone 
     A approval, Milestone B approval, or full rate production, or 
     their equivalent, within the Department of Defense until the 
     Under Secretary of Defense (Comptroller) certifies, with 
     respect to that milestone, that the system is being developed 
     and managed in accordance with the Department's Financial 
     Management Modernization Plan. The Under Secretary of Defense 
     (Comptroller) may require additional certifications, as 
     appropriate, with respect to any such system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1).
       (c) Certifications as to Compliance With Clinger-Cohen 
     Act.--(1) During the current fiscal year, a major automated 
     information system may not receive Milestone A approval, 
     Milestone B approval, or full rate production approval, or 
     their equivalent, within the Department of Defense until the 
     Chief Information Officer certifies, with respect to that 
     milestone, that the system is being developed in accordance 
     with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
     The Chief Information Officer may require additional 
     certifications, as appropriate, with respect to any such 
     system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1). Each such notification 
     shall include, at a minimum, the funding baseline and 
     milestone schedule for each system covered by such a 
     certification and confirmation that the following steps have 
     been taken with respect to the system:
       (A) Business process reengineering.
       (B) An analysis of alternatives.
       (C) An economic analysis that includes a calculation of the 
     return on investment.
       (D) Performance measures.
       (E) An information assurance strategy consistent with the 
     Department's Global Information Grid.
       (d) Definitions.--For purposes of this section:
       (1) The term ``Chief Information Officer'' means the senior 
     official of the Department of Defense designated by the 
     Secretary of Defense pursuant to section 3506 of title 44, 
     United States Code.
       (2) The term ``information technology system'' has the 
     meaning given the term ``information technology'' in section 
     5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
       Sec. 8085. During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis: Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority: Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8086. None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary-tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8087. Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under 10 U.S.C. 2667, in the case 
     of a lease of personal property for a period not in excess of 
     1 year to any organization specified in 32 U.S.C. 508(d), or 
     any other youth, social, or fraternal non-profit organization 
     as may be approved by the Chief of the National Guard Bureau, 
     or his designee, on a case-by-case basis.
       Sec. 8088. None of the funds appropriated by this Act shall 
     be used for the support of any nonappropriated funds activity 
     of the Department of Defense that procures malt beverages and 
     wine with nonappropriated funds for resale (including such 
     alcoholic beverages sold by the drink) on a military 
     installation located in the United States unless such malt 
     beverages and wine are procured within that State, or in the 
     case of the District of Columbia, within the District of 
     Columbia, in which the military installation is located: 
     Provided, That in a case in which the military installation 
     is located in more than one State, purchases may be made in 
     any State in which the installation is located: Provided 
     further, That such local procurement requirements for malt 
     beverages and wine shall apply to all alcoholic beverages 
     only for military installations in States which are not 
     contiguous with another State: Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8089. (a) The Department of Defense is authorized to 
     enter into agreements with the Department of Veterans Affairs 
     and federally-funded health agencies providing services to 
     Native Hawaiians for the purpose of establishing a 
     partnership similar to the Alaska Federal Health Care 
     Partnership, in order to maximize Federal resources in the 
     provision of health care services by federally-funded health 
     agencies, applying telemedicine technologies. For the purpose 
     of this partnership, Native Hawaiians shall have the same 
     status as other Native Americans who are eligible for the 
     health care services provided by the Indian Health Service.
       (b) The Department of Defense is authorized to develop a 
     consultation policy, consistent with Executive Order No. 
     13084 (issued May 14, 1998), with Native Hawaiians for the 
     purpose of assuring maximum Native Hawaiian participation in 
     the direction and administration of governmental services so 
     as to render those services more responsive to the needs of 
     the Native Hawaiian community.
       (c) For purposes of this section, the term ``Native 
     Hawaiian'' means any individual who is a descendant of the 
     aboriginal people who, prior to 1778, occupied and exercised 
     sovereignty in the area that now comprises the State of 
     Hawaii.
       Sec. 8090. Funds available to the Department of Defense for 
     the Global Positioning System during the current fiscal year 
     may be used to fund civil requirements associated with the 
     satellite and ground control segments of such system's 
     modernization program.


                     (including transfer of funds)

       Sec. 8091. (a) Of the amounts appropriated in this Act 
     under the heading, ``Research, Development, Test and 
     Evaluation, Defense-Wide'', $48,000,000 shall remain 
     available until expended: Provided, That notwithstanding any 
     other provision of law, the Secretary of Defense is 
     authorized to transfer such funds to other activities of the 
     Federal Government.
       (b) Of the amounts appropriated in this Act under the 
     heading, ``Operation and Maintenance, Army'', $177,000,000 
     shall remain available until expended: Provided, That 
     notwithstanding any other provision of law, the Secretary of 
     Defense is authorized to transfer such funds to other 
     activities of the Federal Government: Provided further, That 
     the Secretary of Defense is authorized to enter into and 
     carry out contracts for the acquisition of real property, 
     construction, personal services, and operations related to 
     projects described in further detail in the Classified Annex 
     accompanying the Department of Defense Appropriations Act, 
     2004, consistent with the terms and conditions set forth 
     herein: Provided further, That contracts entered into under 
     the authority of this section may provide for such 
     indemnification as the Secretary determines to be necessary: 
     Provided further, That projects authorized by this section 
     shall comply with applicable Federal, State, and local law to 
     the maximum extent consistent with the national security, as 
     determined by the Secretary of Defense.
       Sec. 8092. Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111; 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2004.


                     (including transfer of funds)

       Sec. 8093. Of the amounts appropriated in this Act under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $154,800,000 shall be made available for the 
     Arrow missile defense program: Provided, That

[[Page S9654]]

     of this amount, $10,000,000 shall be available for the 
     purpose of continuing the Arrow System Improvement Program 
     (ASIP), and $80,000,000 shall be available for the purpose of 
     producing Arrow missile components in the United States and 
     Arrow missile components and missiles in Israel to meet 
     Israel's defense requirements, consistent with each nation's 
     laws, regulations and procedures: Provided further, That 
     funds made available under this provision for production of 
     missiles and missile components may be transferred to 
     appropriations available for the procurement of weapons and 
     equipment, to be merged with and to be available for the same 
     time period and the same purposes as the appropriation to 
     which transferred: Provided further, That the transfer 
     authority provided under this provision is in addition to any 
     other transfer authority contained in this Act.
       Sec. 8094. In addition to amounts provided in this Act, 
     $90,000,000 is hereby appropriated for ``Aircraft 
     Procurement, Navy'': Provided, That these funds shall be 
     available only for transfer to the Coast Guard for mission 
     essential equipment for Coast Guard HC-130J aircraft.


                     (including transfer of funds)

       Sec. 8095. Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $635,502,000 shall be available until September 30, 2004, to 
     fund prior year shipbuilding cost increases: Provided, That 
     upon enactment of this Act, the Secretary of Navy shall 
     transfer such funds to the following appropriations in the 
     amount specified: Provided further, That the amounts 
     transferred shall be merged with and be available for the 
     same purposes as the appropriations to which transferred:
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1996/04'':
       LPD-17 Amphibious Transport Dock Ship Program, $95,300,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/04'':
       New SSN, $81,060,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1999/04'':
       DDG-51 Destroyer Program, $44,420,000;
       New SSN, $156,978,000;
       LPD-17 Amphibious Transport Dock Ship Program, $51,100,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2000/04'':
       DDG-51 Destroyer Program, $24,510,000;
       LPD-17 Amphibious Transport Dock Ship Program, 
     $112,778,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2001/04'':
       DDG-51 Destroyer Program, $6,984,000;
       New SSN, $62,372,000.
       Sec. 8096. The Secretary of the Navy may settle, or 
     compromise, and pay any and all admiralty claims under 10 
     U.S.C. 7622 arising out of the collision involving the U.S.S. 
     GREENEVILLE and the EHIME MARU, in any amount and without 
     regard to the monetary limitations in subsections (a) and (b) 
     of that section: Provided, That such payments shall be made 
     from funds available to the Department of the Navy for 
     operation and maintenance.
       Sec. 8097. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may exercise the 
     provisions of 38 U.S.C. 7403(g) for occupations listed in 38 
     U.S.C. 7403(a)(2) as well as the following:
       Pharmacists, Audiologists, and Dental Hygienists.
       (A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall 
     apply.
       (B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not 
     apply.
       Sec. 8098. Funds appropriated by this Act, or made 
     available by transfer of funds in this Act, for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414) during fiscal year 2004 until the 
     enactment of the Intelligence Authorization Act for fiscal 
     year 2004.
       Sec. 8099. In addition to funds made available elsewhere in 
     this Act $5,500,000 is hereby appropriated and shall remain 
     available until expended to provide assistance, by grant or 
     otherwise (such as, but not limited to, the provision of 
     funds for repairs, maintenance, construction, and/or for the 
     purchase of information technology, text books, teaching 
     resources), to public schools that have unusually high 
     concentrations of special needs military dependents enrolled: 
     Provided, That in selecting school systems to receive such 
     assistance, special consideration shall be given to school 
     systems in States that are considered overseas assignments, 
     and all schools within these school systems shall be eligible 
     for assistance: Provided further, That up to $2,000,000 shall 
     be available for the Department of Defense to establish a 
     non-profit trust fund to assist in the public-private funding 
     of public school repair and maintenance projects, or provide 
     directly to non-profit organizations who in return will use 
     these monies to provide assistance in the form of repair, 
     maintenance, or renovation to public school systems that have 
     high concentrations of special needs military dependents and 
     are located in States that are considered overseas 
     assignments, and of which 2 percent shall be available to 
     support the administration and execution of the funds: 
     Provided further, That to the extent a federal agency 
     provides this assistance, by contract, grant, or otherwise, 
     it may accept and expend non-federal funds in combination 
     with these federal funds to provide assistance for the 
     authorized purpose, if the non-federal entity requests such 
     assistance and the non-federal funds are provided on a 
     reimbursable basis.
       Sec. 8100. None of the funds in this Act may be used to 
     initiate a new start program without prior notification to 
     the Office of Secretary of Defense and the congressional 
     defense committees.
       Sec. 8101. Of the funds made available in this Act, not 
     less than $56,400,000 shall be available to maintain an 
     attrition reserve force of 18 B-52 aircraft, of which 
     $3,800,000 shall be available from ``Military Personnel, Air 
     Force'', $35,900,000 shall be available from ``Operation and 
     Maintenance, Air Force'', and $16,700,000 shall be available 
     from ``Aircraft Procurement, Air Force'': Provided, That the 
     Secretary of the Air Force shall maintain a total force of 94 
     B-52 aircraft, including 18 attrition reserve aircraft, 
     during fiscal year 2004: Provided further, That the Secretary 
     of Defense shall include in the Air Force budget request for 
     fiscal year 2005 amounts sufficient to maintain a B-52 force 
     totaling 94 aircraft.
       Sec. 8102. As an interim capability to enhance Army 
     lethality, survivability, and mobility for light and medium 
     forces before complete fielding of the Objective Force, the 
     Army shall ensure that budgetary and programmatic plans will 
     provide for no fewer than six Stryker Brigade Combat Teams to 
     be fielded between 2003 and 2008.
       Sec. 8103. Of the funds made available under the heading 
     ``Operation and Maintenance, Air Force'', $8,000,000 shall be 
     available to realign railroad track on Elmendorf Air Force 
     Base and Fort Richardson.


                          (Transfer of Funds)

       Sec. 8104. Of the amounts appropriated in Public Law 107-
     206 under the heading ``Defense Emergency Response Fund'', an 
     amount up to the fair market value of the leasehold interest 
     in adjacent properties necessary for the force protection 
     requirements of Tooele Army Depot, Utah, may be made 
     available to resolve any property disputes associated with 
     Tooele Army Depot, Utah, and to acquire such leasehold 
     interest as required: Provided, That none of these funds may 
     be used to acquire fee title to the properties.
       Sec. 8105. Up to $3,000,000 of the funds appropriated under 
     the heading ``Operation and Maintenance, Navy'' in this Act 
     for the Pacific Missile Range Facility may be made available 
     to contract for the repair, maintenance, and operation of 
     adjacent off-base water, drainage, and flood control systems, 
     electrical upgrade to support additional missions critical to 
     base operations, and support for a range footprint expansion 
     to further guard against encroachment.


                          (Transfer of Funds)

       Sec. 8106. In addition to the amounts appropriated or 
     otherwise made available in this Act, $24,000,000, to remain 
     available until September 30, 2004, is hereby appropriated to 
     the Department of Defense: Provided, That the Secretary of 
     Defense shall make grants in the amount of $5,000,000 to the 
     American Red Cross for Armed Forces Emergency Services; 
     $10,000,000 for the Fort Benning Infantry Museum; $2,500,000 
     to the National Guard Youth Foundation; $3,000,000 to the 
     Chicago Park District for renovation of the Broadway Armory; 
     and $3,500,000 to the National D-Day Museum.
       Sec. 8107. None of the funds appropriated in this Act under 
     the heading ``Overseas Contingency Operations Transfer 
     Account'' may be transferred or obligated for Department of 
     Defense expenses not directly related to the conduct of 
     overseas contingencies: Provided, That the Secretary of 
     Defense shall submit a report no later than 30 days after the 
     end of each fiscal quarter to the Committees on 
     Appropriations of the Senate and House of Representatives 
     that details any transfer of funds from the ``Overseas 
     Contingency Operations Transfer Fund'': Provided further, 
     That the report shall explain any transfer for the 
     maintenance of real property, pay of civilian personnel, base 
     operations support, and weapon, vehicle or equipment 
     maintenance.
       Sec. 8108. For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior year, and the 1 percent 
     limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8109. The budget of the President for fiscal year 2005 
     submitted to the Congress pursuant to section 1105 of title 
     31, United States Code, and each annual budget request 
     thereafter, shall include separate budget justification 
     documents for costs of United States Armed Forces' 
     participation in contingency operations for the Military 
     Personnel accounts, the Overseas Contingency Operations 
     Transfer Account, the Operation and Maintenance accounts, and 
     the Procurement accounts: Provided, That these budget 
     justification documents shall include a description of the 
     funding requested for each anticipated contingency operation, 
     for each military service, to include active duty and Guard 
     and Reserve components, and for each appropriation account: 
     Provided further, That these documents shall include 
     estimated costs for each element of expense or object class, 
     a reconciliation of increases and decreases for ongoing 
     contingency operations, and programmatic data including, but 
     not limited to troop strength for each active duty and Guard 
     and Reserve component, and estimates of the major weapons 
     systems deployed in support of each contingency: Provided 
     further, That these documents shall include budget exhibits 
     OP-5 and OP-32, as defined in the Department of Defense 
     Financial Management Regulation, for the Overseas Contingency 
     Operations Transfer Account for fiscal years 2003 and 2004.
       Sec. 8110. None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.
       Sec. 8111. Of the amounts appropriated in this Act under 
     the headings ``Research, Development, Test and Evaluation, 
     Navy'' and ``Operation and Maintenance, Defense-Wide''

[[Page S9655]]

     $65,200,000 shall be transferred to such appropriations 
     available to the Department of Defense as may be required to 
     carry out the intent of Congress as expressed in the 
     Classified Annex accompanying the Department of Defense 
     Appropriations Act, 2004, and amounts so transferred shall be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred.
       Sec. 8112. During the current fiscal year, section 2533a(f) 
     of Title 10, United States Code, shall not apply to any fish, 
     shellfish, or seafood product. This section is applicable to 
     contracts and subcontracts for the procurement of commercial 
     items notwithstanding section 34 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 430).
       Sec. 8113. Notwithstanding section 2465 of title 10 U.S.C., 
     the Secretary of the Navy may use funds appropriated in title 
     II of this Act under the heading, ``Operation and 
     Maintenance, Navy'', to liquidate the expenses incurred for 
     private security guard services performed at the Naval 
     Support Unit, Saratoga Springs, New York by Burns 
     International Security Services, Albany, New York in the 
     amount of $29,323.35, plus accrued interest, if any.
       Sec. 8114. Funds available to the Department of Defense 
     under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'' for the Missile Defense Agency may 
     be used for the development and fielding of an initial set of 
     missile defense capabilities.
       Sec. 8115. Of the amounts provided in title II of this Act 
     under the heading, ``Operation and Maintenance, Defense-
     Wide'', $20,000,000 is available for the Regional Defense 
     Counter-terrorism Fellowship Program, to fund the education 
     and training of foreign military officers, ministry of 
     defense civilians, and other foreign security officials, to 
     include United States military officers and civilian 
     officials whose participation directly contributes to the 
     education and training of these foreign students.
       Sec. 8116. Up to $2,000,000 of the funds appropriated by 
     this Act under the heading, ``Operation and Maintenance, 
     Army'', may be made available to contract for services 
     required to solicit non-Federal donations to support 
     construction and operation of the United States Army Museum 
     at Fort Belvoir, Virginia: Provided, That notwithstanding any 
     other provision of law, the Army is authorized to receive 
     future payments in this or the subsequent fiscal year from 
     any non-profit organization chartered to support the United 
     States Army Museum to reimburse amounts expended by the Army 
     pursuant to this section: Provided further, That any 
     reimbursements received pursuant to this section shall be 
     merged with ``Operation and Maintenance, Army'' and shall be 
     made available for the same purposes and for the same time 
     period as that appropriation account.
       Sec. 8117. Designation of America's National World War II 
     Museum. (a) Findings.--Congress makes the following findings:
       (1) The National D-Day Museum, operated in New Orleans, 
     Louisiana by an educational foundation, has been established 
     with the vision ``to celebrate the American Spirit''.
       (2) The National D-Day Museum is the only museum in the 
     United States that exists for the exclusive purpose of 
     interpreting the American experience during the World War II 
     years (1939-1945) on both the battlefront and the home front 
     and, in doing so, covers all of the branches of the Armed 
     Forces and the Merchant Marine.
       (3) The National D-Day Museum was founded by the preeminent 
     American historian, Stephen E. Ambrose, as a result of a 
     conversation with President Dwight D. Eisenhower in 1963, 
     when the President and former Supreme Commander, Allied 
     Expeditionary Forces in Europe, credited Andrew Jackson 
     Higgins, the chief executive officer of Higgins Industries in 
     New Orleans, as the ``man who won the war for us'' because 
     the 12,000 landing craft designed by Higgins Industries made 
     possible all of the amphibious invasions of World War II and 
     carried American soldiers into every theatre of the war.
       (4) The National D-Day Museum, since its grand opening on 
     June 6, 2000, the 56th anniversary of the D-Day invasion of 
     Normandy, has attracted nearly 1,000,000 visitors from around 
     the world, 85 percent of whom have been Americans from across 
     the country.
       (5) American World War II veterans, called the ``greatest 
     generation'' of the Nation, are dying at the rapid rate of 
     more than 1,200 veterans each day, creating an urgent need to 
     preserve the stories, artifacts, and heroic achievements of 
     that generation.
       (6) The United States has a need to preserve forever the 
     knowledge and history of the Nation's most decisive 
     achievement in the 20th century and to portray that history 
     to citizens, visitors, and school children for centuries to 
     come.
       (7) Congress, recognizing the need to preserve this 
     knowledge and history, appropriated funds in 1992 to 
     authorize the design and construction of The National D-Day 
     Museum in New Orleans to commemorate the epic 1944 Normandy 
     invasion, and subsequently appropriated additional funds in 
     1998, 2000, 2001, 2002, and 2003 to help expand the exhibits 
     in the museum to include the D-Day invasions in the Pacific 
     Theatre of Operations and the other campaigns of World War 
     II.
       (8) The State of Louisiana and thousands of donors and 
     foundations across the country have contributed millions of 
     dollars to help build this national institution.
       (9) The Board of Trustees of The National D-Day Museum is 
     national in scope and diverse in its makeup.
       (10) The World War II Memorial now under construction on 
     the National Mall in Washington, the District of Columbia, 
     will always be the memorial in our Nation where people come 
     to remember America's sacrifices in World War II, while The 
     National D-Day Museum will always be the museum of the 
     American experience in the World War II years (1939-1945), 
     where people come to learn about Americans' experiences 
     during that critical period, as well as a place where the 
     history of our Nation's monumental struggle against worldwide 
     aggression by would-be oppressors is preserved so that future 
     generations can understand the role the United States played 
     in the preservation and advancement of democracy and freedom 
     in the middle of the 20th century.
       (11) The National D-Day Museum seeks to educate a diverse 
     group of audiences through its collection of artifacts, 
     photographs, letters, documents, and first-hand personal 
     accounts of the participants in the war and on the home front 
     during one of history's darkest hours.
       (12) The National D-Day Museum is devoted to the combat 
     experience of United States citizen soldiers in all of the 
     theatres of World War II and to the heroic efforts of the men 
     and women on the home front who worked tirelessly to support 
     the troops and the war effort.
       (13) The National D-Day Museum continues to add to and 
     maintain one of the largest personal history collections in 
     the United States of the men and women who fought in World 
     War II and who served on the home front.
       (14) No other museum describes as well the volunteer spirit 
     that arose throughout the United States and united the 
     country during the World War II years.
       (15) The National D-Day Museum is engaged in a 250,000 
     square foot expansion to include the Center for the Study of 
     the American Spirit, an advanced format theatre, and a new 
     United States pavilion.
       (16) The planned ``We're All in this Together'' exhibit 
     will describe the role every State, commonwealth, and 
     territory played in World War II, and the computer database 
     and software of The National D-Day Museum's educational 
     program will be made available to the teachers and school 
     children of every State, commonwealth, and territory.
       (17) The National D-Day Museum is an official Smithsonian 
     affiliate institution with a formal agreement to borrow 
     Smithsonian artifacts for future exhibitions.
       (18) Le Memorial de Caen in Normandy, France has formally 
     recognized The National D-Day Museum as its official partner 
     in a Patriotic Alliance signed on October 16, 2002, by both 
     museums.
       (19) The official Battle of the Bulge museums in Luxembourg 
     and the American Battlefield Monuments Commission are already 
     collaborating with The National D-Day Museum on World War II 
     exhibitions.
       (20) For all of these reasons, it is appropriate to 
     designate The National D-Day Museum as ``America's National 
     World War II Museum''.
       (b) Purposes.--The purposes of this section are, through 
     the designation of The National D-Day Museum as ``America's 
     National World War II Museum'', to express the United States 
     Government's support for--
       (1) the continuing preservation, maintenance, and 
     interpretation of the artifacts, documents, images, and 
     history collected by the museum;
       (2) the education of the American people as to the American 
     experience in combat and on the home front during the World 
     War II years, including the conduct of educational outreach 
     programs for teachers and students throughout the United 
     States;
       (3) the operation of a premier facility for the public 
     display of artifacts, photographs, letters, documents, and 
     personal histories from the World War II years (1939-1945);
       (4) the further expansion of the current European and 
     Pacific campaign exhibits in the museum, including the Center 
     for the Study of the American Spirit for education; and
       (5) ensuring the understanding by all future generations of 
     the magnitude of the American contribution to the Allied 
     victory in World War II, the sacrifices made to preserve 
     freedom and democracy, and the benefits of peace for all 
     future generations in the 21st century and beyond.
       (c) Designation of ``America's National World War II 
     Museum''.--The National D-Day Museum, New Orleans, Louisiana, 
     is designated as ``America's National World War II Museum''.
       Sec. 8118. Native American Veteran Housing Loans. (a) Title 
     I of Division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7) is amended by striking 
     out ``expenses: Provided, That no new loans in excess of 
     $5,000,000 may be made in fiscal year 2003.'' from the 
     paragraph under the heading ``Native American Veteran Housing 
     Loan Program Account'' and inserting in lieu thereof 
     ``expenses.''.
       (b) The amendment made by subsection (a) of this section is 
     effective on the date of the enactment of Public Law 108-7, 
     February 20, 2003.
       Sec. 8119. Of the funds made available in chapter 3 of 
     title I of the Emergency Wartime Supplemental Appropriations 
     Act, 2003 (Public Law 108-11), under the heading ``Iraq 
     Freedom Fund'', $3,157,000,000 are hereby rescinded.
       Sec. 8120. (a) Limitation on Use of Funds for Research and 
     Development on Terrorism Information Awareness Program.--
     Notwithstanding any other provision of law, no funds 
     appropriated or otherwise made available to the Department of 
     Defense, whether to an element of the Defense Advanced 
     Research Projects Agency or any other element, or to any 
     other department, agency, or element of the Federal 
     Government, may be obligated or expended on research and 
     development on the Terrorism Information Awareness program.
       (b) Limitation on Deployment of Terrorism Information 
     Awareness Program.--(1) Notwithstanding any other provision 
     of law, if and when research and development on the Terrorism 
     Information Awareness program, or any component of such 
     program, permits the deployment or implementation of such 
     program or component, no department, agency, or element

[[Page S9656]]

     of the Federal Government may deploy or implement such 
     program or component, or transfer such program or component 
     to another department, agency, or element of the Federal 
     Government, until the Secretary of Defense--
       (A) notifies Congress of that development, including a 
     specific and detailed description of--
       (i) each element of such program or component intended to 
     be deployed or implemented; and
       (ii) the method and scope of the intended deployment or 
     implementation of such program or component (including the 
     data or information to be accessed or used); and
       (B) has received specific authorization by law from 
     Congress for the deployment or implementation of such program 
     or component, including--
       (i) a specific authorization by law for the deployment or 
     implementation of such program or component; and
       (ii) a specific appropriation by law of funds for the 
     deployment or implementation of such program or component.
       (2) The limitation in paragraph (1) shall not apply with 
     respect to the deployment or implementation of the Terrorism 
     Information Awareness program, or a component of such 
     program, in support of the following:
       (A) Lawful military operations of the United States 
     conducted outside the United States.
       (B) Lawful foreign intelligence activities conducted wholly 
     against non-United States persons.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) the Terrorism Information Awareness program should not 
     be used to develop technologies for use in conducting 
     intelligence activities or law enforcement activities against 
     United States persons without appropriate consultation with 
     Congress or without clear adherence to principles to protect 
     civil liberties and privacy; and
       (2) the primary purpose of the Defense Advanced Research 
     Projects Agency is to support the lawful activities of the 
     Department of Defense and the national security programs 
     conducted pursuant to the laws assembled for codification 
     purposes in title 50, United States Code.
       (d) Definitions.--In this section:
       (1) Terrorism information awareness program.--The term 
     ``Terrorism Information Awareness program''--
       (A) means the components of the program known either as 
     Terrorism Information Awareness or Total Information 
     Awareness, any related information awareness program, or any 
     successor program under the Defense Advanced Research 
     Projects Agency or another element of the Department of 
     Defense; and
       (B) includes a program referred to in subparagraph (1), or 
     a component of such program, that has been transferred from 
     the Defense Advanced Research Projects Agency or another 
     element of the Department of Defense to any other department, 
     agency, or element of the Federal Government.
       (2) Non-united states person.--The term ``non-United States 
     person'' means any person other than a United States person.
       (3) United states person.--The term ``United States 
     person'' has the meaning given that term in section 101(i) of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801(i)).
       Sec. 8121. Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act is hereby reduced 
     by $125,000,000 to limit excessive growth in the procurement 
     of advisory and assistance services, to be distributed as 
     follows:
       ``Operation and Maintenance, Defense-Wide'', $45,000,000;
       ``Research, Development, Test and Evaluation, Navy'', 
     $40,000,000; and
       ``Research, Development, Test and Evaluation, Defense-
     Wide'', $40,000,000:
     Provided, That these reductions shall be applied 
     proportionally to each budget activity, activity group and 
     subactivity group and each program, project, and activity 
     within each appropriation account.
       Sec. 8122. None of the funds appropriated in this Act shall 
     be used to study, demonstrate, or implement any plans 
     privatizing, divesting or transferring of any Civil Works 
     missions, functions, or responsibilities for the United 
     States Army Corps of Engineers to other government agencies 
     without specific direction in a subsequent Act of Congress.
       Sec. 8123. None of the funds provided in this Act may be 
     used to pay any fee charged by the Department of State for 
     the purpose of constructing new United States diplomatic 
     facilities.
       Sec. 8124. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Air Force'', up to $4,000,000 may be available 
     for cost effective composite materials for manned and 
     unmanned flight structures (PE#0602103F).
       Sec. 8125. Of the total amount appropriated by title IV 
     under the heading ``Research, Development, Test and 
     Evaluation, Army'', up to $3,000,000 may be used for the 
     Broad Area Unmanned Responsive Resupply Operations aircraft 
     program.
       Sec. 8126. Of the total amount appropriated by title II 
     under the heading ``Operation and Maintenance, Navy'' for 
     civilian manpower and personnel management, up to $1,500,000 
     may be used for Navy Pilot Human Resources Call Center, 
     Cutler, Maine.
       Sec. 8127. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Navy'', up to $4,000,000 may be available for 
     Navy Integrated Manufacturing Development.
       Sec. 8128. Amounts appropriated by this Act may be used for 
     the establishment and support of 12 additional Weapons of 
     Mass Destruction Civil Support Teams, as follows:
       (1) Of the amount appropriated by title II under the 
     heading ``Operation and Maintenance, Army'', up to 
     $23,300,000.
       (2) Of the amount appropriated by title II under the 
     heading ``Operation and Maintenance, Army National Guard'', 
     up to $16,000,000.
       (3) Of the amount appropriated by title III under the 
     heading ``Other Procurement, Army'', up to $25,900,000.
       (4) Of the amount appropriated by title IV under the 
     heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', up to $1,000,000.
       Sec. 8129. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Defense-Wide'', up to $2,000,000 may be available 
     for the development of integrated systems analysis 
     capabilities for bioterrorism response exercises.
       Sec. 8130. Of the amount appropriated by title III under 
     the heading ``Procurement, Marine Corps'', up to $1,500,000 
     may be used for the procurement of highly versatile nitrile 
     rubber collapsible storage units.
       Sec. 8131. Of the appropriated by title IV of this Act 
     under the heading ``Research, Development, Test, and 
     Evaluation, Navy'', up to $3,000,000 may be available for 
     Marine Corps Communications Systems (PE#0206313M) for 
     Critical Infrastructure Protection.
       Sec. 8132. Of the total amount appropriated by title III 
     under the heading ``Other Procurement, Army'', up to 
     $1,500,000 may be used for the procurement of TSC-750 
     computer systems.
       Sec. 8133. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Navy'', up to $1,000,000 may be available for 
     Combat Systems Integration (PE#0603582N) for the Trouble 
     Reports Information Data Warehouse.
       Sec. 8134. Of the amount appropriated by title II of this 
     Act under the heading ``Operation and Maintenance, Navy'', up 
     to $2,000,000 may be available for night vision goggles in 
     advanced helicopter training.
       Sec. 8135. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Defense-Wide'', up to $3,000,000 may be available 
     for the Long Range Biometric Target Identification System.
       Sec. 8136. Of the total amount appropriated by title IV 
     under the heading ``Research, Development, Test, and 
     Evaluation, Defense-Wide'', up to $2,500,000 may be used for 
     the study of geospatial visualization technologies.
       Sec. 8137. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Navy'', up to $4,000,000 may be available for 
     High Speed Anti-Radiation Demonstration Airframe/Propulsion 
     Section (PE#0603114N).
       Sec. 8138. Of the total amount appropriated by title IV 
     under the heading ``Research and Development, Defense-Wide'', 
     up to $3,500,000 may be used for National Consortia on MASINT 
     Research for program element number 0305884L.
       Sec. 8139. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Army'', up to $3,500,000 may be available for the 
     Medical Vanguard Project to expand the clinical trial of the 
     Internet-based diabetes management system under that project.
       Sec. 8140. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Defense-Wide'', up to $800,000 may be available 
     for the Tulane Center for Missile Defense, Louisiana.
       Sec. 8141. Of the amount appropriated by title III of this 
     Act under the heading ``Defense Production Act Purchases'', 
     up to $3,000,000 may be available for a Flexible Aerogel 
     Material Supplier Initiative to develop affordable methods 
     and a domestic supplier of military and commercial aerogels.
       Sec.  8142. In Recognition of the National Guard and 
     Reserve's Contributions to Our National Security and 
     Expressing Strong Support for the Senate's Previous 
     Bipartisan Vote To Provide These Forces Access to TRICARE. 
     (a) Findings.--The Senate makes the following findings:
       (1) Forces in the United States National Guard and Reserve 
     have made and continue to make essential and effective 
     contributions to Operation Iraqi Freedom and other ongoing 
     military operations.
       (2) More than 200,000 Reserve personnel from the Army, 
     Navy, Air Force, Marine Corps, and Coast Guard are currently 
     serving their Nation on active status.
       (3) Our dependence on the National Guard and Reserve has 
     increased dramatically over the course of the past decade. 
     Annual duty days have grown from about 1 million in the late 
     1980s to more than 12 million in every year since 1996.
       (4) While our dependence on the Reserves has increased in 
     the post-Cold War era, their basic pay and benefits structure 
     has remained largely unchanged.
       (5) Offering TRICARE to reservists for an affordable 
     monthly premium enhances our national security by improving 
     their medical readiness when called to duty, streamlining and 
     accelerating the mobilization process, and enhancing our 
     military's ability to recruit and retain qualified personnel 
     to reserve duty.
       (6) The Congressional Budget Office, the official, 
     nonpartisan scorekeeper of all congressional legislation, has 
     estimated the cost of this proposal at just over one-tenth of 
     one percent of the Administration's fiscal year 2004 defense 
     budget request.
       (7) On May 20, 2003, a strong majority of Senate Democrats 
     and Republicans joined together and voted 85-10 for an 
     amendment to the fiscal year 2004 Defense authorization bill 
     to provide

[[Page S9657]]

     reserve personnel and their families access to TRICARE 
     regardless of their current deployment status.
       (8) The Appropriations Committee indicated in its report 
     accompanying the fiscal year 2004 Defense appropriations bill 
     that it supports this proposal.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the National Guard and Reserve play a critical and 
     increasingly demanding role in protecting our national 
     security; and
       (2) the Senate supports the Appropriations Committee 
     position as articulated in the report accompanying the fiscal 
     year 2004 Defense appropriations bill and affirms its support 
     for providing Guard and Reserve personnel access to TRICARE.
       Sec. 8143. (a) The Secretary of Defense--
       (1) shall review--
       (A) all contractual offset arrangements to which the policy 
     established under section 2532 of title 10, United States 
     Code, applies that are in effect on the date of the enactment 
     of this Act;
       (B) any memoranda of understanding and related agreements 
     to which the limitation in section 2531(c) of such title 
     applies that have been entered into with a country with 
     respect to which such contractual offset arrangements have 
     been entered into and are in effect on such date; and
       (C) any waivers granted with respect to a foreign country 
     under section 2534(d)(3) of title 10, United States Code, 
     that are in effect on such date; and
       (2) shall determine the effects of the use of such 
     arrangements, memoranda of understanding, and agreements on 
     the effectiveness of buy American requirements provided in 
     law.
       (b) The Secretary shall submit a report on the results of 
     the review under subsection (a) to Congress not later than 
     March 1, 2005. The report shall include a discussion of each 
     of the following:
       (1) The effects of the contractual offset arrangements on 
     specific subsectors of the industrial base of the United 
     States and what actions have been taken to prevent or 
     ameliorate any serious adverse effects on such subsectors.
       (2) The extent, if any, to which the contractual offset 
     arrangements and memoranda of understanding and related 
     agreements have provided for technology transfer that would 
     significantly and adversely affect the defense industrial 
     base of the United States and would result in substantial 
     financial loss to a United States firm.
       (3) The extent to which the use of such contractual offset 
     arrangements is consistent with--
       (A) the limitation in section 2531(c) of title 10, United 
     States Code, that prohibits implementation of a memorandum of 
     understanding and related agreements if the President, taking 
     into consideration the results of the interagency review, 
     determines that such memorandum of understanding or related 
     agreement has or is likely to have a significant adverse 
     effect on United States industry that outweighs the benefits 
     of entering into or implementing such memorandum or 
     agreement; and
       (B) the requirements under section 2534(d) of such title 
     that--
       (i) a waiver granted under such section not impede 
     cooperative programs entered into between the Department of 
     Defense and a foreign country and not impede the reciprocal 
     procurement of defense items that is entered into in 
     accordance with section 2531 of such title; and
       (ii) the country with respect to which the waiver is 
     granted not discriminate against defense items produced in 
     the United States to a greater degree than the United States 
     discriminates against defense items produced in that country.
       (c) The Secretary--
       (1) shall submit to the President any recommendations 
     regarding the use or administration of contractual offset 
     arrangements and memoranda of understanding and related 
     agreements referred to in subsection (a) that the Secretary 
     considers appropriate to strengthen the administration buy 
     American requirements in law; and
       (2) may modify memoranda of understanding or related 
     agreements entered into under section 2531 of title 10, 
     United States Code, or take other action with regard to such 
     memoranda or related agreements, as the Secretary considers 
     appropriate to strengthen the administration buy American 
     requirements in law in the case of procurements covered by 
     such memoranda or related agreements.
       Sec. 8144. It is the sense of the Senate that--
       (1) any request for funds for a fiscal year for an ongoing 
     overseas military operation, including operations in 
     Afghanistan and Iraq, should be included in the annual budget 
     of the President for such fiscal year as submitted to 
     Congress under section 1105(a) of title 31, United States 
     Code; and
       (2) any funds provided for such fiscal year for such a 
     military operation should be provided in appropriations Acts 
     for such fiscal year through appropriations to specific 
     accounts set forth in such Acts.
       Sec. 8145. Of the amount appropriated by title II of this 
     Act under the heading ``Operation and Maintenance, Army 
     Reserve'', up to $2,000,000 may be available for a Software 
     Engineering Institute Information Assurance Initiative.
       Sec. 8146. Of the amount appropriated by title II under the 
     heading ``Operation and Maintenance, Defense-Wide'', up to 
     $10,000,000 may be used for civil-military programs and the 
     Innovative Readiness Training (IRT) Program.
       Sec. 8147. Of the total amount appropriated by title III 
     under the heading ``Missile Procurement, Air Force'', up to 
     $10,000,000 may be used for assured access to space in 
     addition to the amount available under such heading for the 
     Evolved Expendable Launch Vehicle.
       Sec.  8148. Study Regarding Mail Delivery in the Middle 
     East. (a) Study.--The Comptroller General of the United 
     States shall conduct a review of the delivery of mail to 
     troops in the Middle East and the study should:
       (1) Determine delivery times, reliability, and losses for 
     mail and parcels to and from troops stationed in the Middle 
     East.
       (2) Identify and analyze mail and parcel delivery service 
     efficiency issues during Operations Desert Shield/Desert 
     Storm, compared to such services which occurred during 
     Operation Iraqi Freedom.
       (3) Identify cost efficiencies and benefits of alternative 
     delivery systems or modifications to existing delivery 
     systems to improve the delivery times of mail and parcels.
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to the congressional defense 
     committees on their findings and recommendations.
       Sec. 8149. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Air Force'', up to $4,000,000 may be available 
     for adaptive optics research.
       Sec. 8150. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Navy'', up to $1,000,000 may be available for the 
     completion of the Rhode Island Disaster Initiative.
       Sec. 8151. Of the amount appropriated by title I of this 
     Act for military personnel, up to $8,000,000 may be available 
     for the costs during fiscal year 2004 of an increase in the 
     amount of the death gratuity payable with respect to members 
     of the Armed Forces under section 1478 of title 10, United 
     States Code, from $6,000 to $12,000.
       Sec. 8152. Of the amount appropriated by title II of this 
     Act under the heading ``Shipbuilding and Conversion, Navy'', 
     up to $20,000,000 may be available for DIG-51 modernization 
     planning.
       Sec. 8153. Of the total amount appropriated by title II 
     under the heading ``Operation and Maintenance, Army'', up to 
     $4,000,000 may be used for the Army Museum of the Southwest 
     at Ft. Sill, Oklahoma.
       Sec. 8154. No funds appropriated or otherwise made 
     available by this Act may be obligated or expended for the 
     purpose of privatizing, or transferring to another department 
     or agency of the Federal Government, any prison guard 
     function or position at the United States Disciplinary 
     Barracks at Fort Leavenworth, Kansas, until 30 days after the 
     date on which the Secretary of the Army submits to the 
     congressional defense committees a plan for the 
     implementation of the privatization or transfer of such 
     function or position.
       Sec. 8155. Of the total amount appropriated by title II 
     under the heading ``Operation and Maintenance, Marine 
     Corps'', up to $6,000,000 may be used for the purchase of 
     HMMWV tires.
       Sec. 8156. (a) Availability of Certain Personnel Amounts.--
     Of the amount appropriated by title I of this Act under the 
     heading ``National Guard Personnel, Army'', up to $2,500,000 
     may be available for Lewis and Clark Bicentennial 
     Commemoration Activities.
       (b) Availability of Certain Operation and Maintenance 
     Amounts.--Of the amount appropriated by title II of this Act 
     under the heading ``Operation and Maintenance, Army National 
     Guard'', up to $1,500,000 may be available for Lewis and 
     Clark Bicentennial Commemoration Activities.
       Sec. 8157. (a) Limitation on Use of Funds.--Notwithstanding 
     any other provision of law, no funds appropriated or 
     otherwise made available by this Act may be obligated or 
     expended to decommission a Naval or Marine Corps Reserve 
     aviation squadron until the report required by subsection (b) 
     is submitted to the committee of Congress referred to in that 
     subsection.
       (b) Report on Navy and Marine Corps Tactical Aviation 
     Requirements.--(1) Not later than twelve months after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committee on 
     Appropriations of the Senate a report on the requirements of 
     the Navy and the Marine Corps for tactical aviation, 
     including mission requirements, recapitalization 
     requirements, and the role of Naval and Marine Corps Reserve 
     assets in meeting such requirements.
       (2) The report shall include the recommendations of the 
     Comptroller General on an appropriate force structure for the 
     active and reserve aviation units of the Navy and the Marine 
     Corps, and related personnel requirements, for the 10-year 
     period beginning on the date of the report.
       Sec. 8158. Of the amount appropriated by title III of this 
     Act under the heading ``Procurement, Defense-Wide'', up to 
     $20,000,000 may be available for procurement of secure 
     cellular telephones for the Department of Defense and the 
     elements of the intelligence community.
       Sec. 8159. Of the amount appropriated by title III of this 
     Act under the heading ``Research, Development, Test and 
     Evaluation, Army'', up to $5,000,000 may be available to 
     support Shortstop Electronic Protection Systems (SEPS) 
     research and development efforts.
       Sec. 8160. The Secretary of the Air Force, in consultation 
     with the Chief of Air Force Reserve, shall study the mission 
     of the 932nd Airlift Wing, Scott Air Force Base, Illinois, 
     and evaluate whether it would be appropriate to substitute 
     for that mission a mixed mission of transporting patients, 
     passengers, and cargo that would increase the airlift 
     capability of the Air Force while continuing the use and 
     training of aeromedical evacuation personnel. The Secretary 
     shall submit a report on the results of the study and 
     evaluation to the congressional defense committees not later 
     than January 16, 2004.
       Sec. 8161. Of the total amount appropriated by title IV 
     under the heading ``Research, Development, Test and 
     Evaluation, Defense-

[[Page S9658]]

     Wide'', up to $3,000,000 may be used for Project Ancile.
       Sec. 8162. Of the total amount appropriated by title IV 
     under the heading ``Research, Development, Test and 
     Evaluation, Army'', up to $2,000,000 may be used for 
     Knowledge Management Fusion.
       Sec. 8163. Of the amount appropriated by title IV of this 
     Act under the heading ``Research, Development, Test, and 
     Evaluation, Army'', up to $3,000,000 may be available for the 
     Large Energy National Shock Tunnel (LENS).
       Sec. 8164. In addition to amounts provided in this Act for 
     Ultra-low Power Battlefield Sensor System, up to an 
     additional $7,000,000 may be used from the total amount 
     appropriated by title IV ``Research, Development, Test, and 
     Evaluation, Defense-Wide'', for Ultra-low Power Battlefield 
     Sensor System.
       Sec. 8165. (a) Findings.--The Senate makes the following 
     findings:
       (1) If a terrorist group were to acquire the necessary 
     fissile material for a nuclear explosive device, it would not 
     be difficult for the group to construct such a device, the 
     explosion of which could kill and injure thousands, or even 
     hundreds of thousands, of people and destroy a large area of 
     a city.
       (2) If a terrorist group were to acquire a complete nuclear 
     weapon from a nation which has constructed nuclear weapons, 
     it is likely that the group would be able to detonate the 
     device with similar results.
       (3) A nation supplying either complete nuclear weapons or 
     special nuclear material to terrorists might believe that it 
     could escape retaliation by the United States, as the United 
     States would not be able to determine the origin of either a 
     weapon or its fissile material.
       (4) It is possible, however, to determine the country of 
     origin of fissile material after a nuclear explosion, 
     provided that samples of the radioactive debris from the 
     explosion are collected promptly and analyzed in appropriate 
     laboratories.
       (5) If radioactive debris is collected soon enough after a 
     nuclear explosion, it is also possible to determine the 
     characteristics of the nuclear explosive device involved, 
     which information can assist in locating and dismantling 
     other nuclear devices that may threaten the United States.
       (6) If countries that might contemplate supplying nuclear 
     weapons or fissile material to terrorists know that their 
     assistance can be traced, they are much less likely to allow 
     terrorists access to either weapons or material.
       (7) It is in the interest of the United States to acquire a 
     capability to collect promptly the debris from a nuclear 
     explosion that might occur in any part of the Nation.
       (b) Sense of the Senate on Nuclear Debris Collection and 
     Analysis Capability.--It is the sense of the Senate that--
       (1) the Secretary of Defense should develop and deploy a 
     nuclear debris collection and analysis capability sufficient 
     to enable characterization of any nuclear device that might 
     be exploded in the United States;
       (2) the capability should incorporate airborne debris 
     collectors, either permanently installed on dedicated 
     aircraft or available for immediate use on a class of 
     aircraft, stationed so that a properly equipped and manned 
     aircraft is available to collect debris from a nuclear 
     explosion anywhere in the United States and transport such 
     debris to an appropriate laboratory in a timely fashion; and
       (3) to the maximum extent practicable, the capability 
     should be compatible with collection and analysis systems 
     used by the United States to characterize overseas nuclear 
     explosions.
       (c) Report.--Not later than March 31, 2004, the Secretary 
     of Defense shall submit to the congressional defense 
     committees a report on the feasibility of developing and 
     deploying the capability described in subsection (b)(1).
       Sec. 8166. Of the amount appropriated by title II of this 
     Act under the heading ``Operation and Maintenance, Army'' up 
     to $15,000,000 may be made available for upgrades of M1A1 
     Abrams tank transmissions.
       Sec. 8167. Of the total amount appropriated by title II of 
     this Act under the heading ``Operations and Maintenance, 
     Army'', up to $2,000,000 may be used to promote civil rights 
     education and history in the Army.
       Sec. 8168. Reports on Safety Issues Due to Defective Parts. 
     (a) Report from the Secretary.--The Secretary shall by March 
     31, 2004, examine and report back to the congressional 
     defense committees on--
       (1) how to implement a system for tracking safety-critical 
     parts so that parts discovered to be defective, including due 
     to faulty or fraudulent work by a contractor or 
     subcontractor, can be identified and found;
       (2) appropriate standards and procedures to ensure timely 
     notification of contracting agencies and contractors about 
     safety issues including parts that may be defective, and 
     whether the Government Industry Data Exchange Program should 
     be made mandatory;
       (3) efforts to find and test airplane parts that have been 
     heat treated by companies alleged to have done so improperly; 
     and
       (4) whether contracting agencies and contractors have been 
     notified about alleged improper heat treatment of airplane 
     parts.
       (b) Report from the Comptroller General.--The Comptroller 
     General shall examine and report back to the congressional 
     defense committees on--
       (1) the oversight of subcontractors by prime contractors, 
     and testing and quality assurance of the work of the 
     subcontractors; and
       (2) the oversight of prime contractors by the Department, 
     the accountability of prime contractors for overseeing 
     subcontractors, and the use of enforcement mechanisms by the 
     Department.
       Sec. 8169. Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress, in writing, a report on contracts for 
     reconstruction and other services in Iraq that are funded in 
     whole or in part with funds available to the Department of 
     Defense. The report shall detail--
       (1) the process and standards for designing and awarding 
     such contracts, including assistance or consulting services 
     provided by contractors in that process;
       (2) the process and standards for awarding limited or sole-
     source contracts, including the criteria for justifying the 
     awarding of such contracts;
       (3) any policies that the Secretary has implemented or 
     plans to implement to provide for independent oversight of 
     the performance by a contractor of services in designing and 
     awarding such contracts;
       (4) any policies that the Secretary has implemented or 
     plans to implement to identify, assess, and prevent any 
     conflict of interest relating to such contracts for 
     reconstruction;
       (5) any policies that the Secretary has implemented or 
     plans to implement to ensure public accountability of 
     contractors and to identify any fraud, waste, or abuse 
     relating to such contracts for reconstruction;
       (6) the process and criteria used to determine the 
     percentage of profit allowed on cost-plus-a-fixed-fee 
     contracts for reconstruction or other services in Iraq; and
       (7) a good faith estimate of the expected costs and 
     duration of all contracts for reconstruction or other 
     services in Iraq.
       Sec. 8170. Of the amount appropriated by title III of this 
     Act under the heading ``Aircraft Procurement, Air Force'', up 
     to $19,700,000 may be available for C-5 aircraft in-service 
     modifications for the procurement of additional C-5 aircraft 
     Avionics Modernization Program (AMP) kits.
       Sec. 8171. (a) Report on Establishment of Police and 
     Military Forces in Iraq.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall, in coordination with the Secretary of State, submit to 
     the appropriate committees of Congress a report on the 
     establishment of police and military forces in all of the 18 
     provinces of Iraq, including--
       (1) the costs incurred by the United States in establishing 
     Iraqi police and military units;
       (2) a schedule for the completion of the establishment of 
     Iraqi police and military units;
       (3) an assessment of the effect of the ongoing creation and 
     final establishment of Iraqi police and military units on the 
     number of United States military personnel required to be 
     stationed in Iraq;
       (4) an assessment of the effect of the establishment of an 
     Iraqi police force on the safety of United States military 
     personnel stationed in Iraq; and
       (5) an assessment of the effectiveness of the Iraqi police 
     force, as so established, in preventing crime and insuring 
     the safety of the Iraq people.
       (b) Updates.--Not later than 120 days after the date of the 
     submittal of the report required by subsection (b), and every 
     120 days thereafter, the Secretary of Defense shall, in 
     coordination with the Secretary of State, submit to the 
     appropriate committees of Congress an update of such report.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Appropriations, Armed Services, and 
     Foreign Relations of the Senate; and
       (2) the Committees on Appropriations, Armed Services, and 
     International Relations of the House of Representatives.
       Sec. 8172. Section 8149(b) of the Department of Defense 
     Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1572) 
     is amended by adding at the end the following new paragraph:
       ``(3) This subsection shall remain in effect for fiscal 
     year 2004.''.

 TITLE IX--SETTLEMENT OF CLAIMS FOR SLAVE LABOR FOR JAPANESE COMPANIES 
                          DURING WORLD WAR II

     SEC. 901. PAYMENT OF COMPENSATION TO FORMER PRISONERS OF WAR 
                   FOR FORCED OR SLAVE LABOR FOR JAPANESE 
                   COMPANIES DURING WORLD WAR II.

       (a) Payment of Compensation Required.--Subject to the 
     availability of appropriations the Secretary of Defense shall 
     pay to each surviving former prisoner of war compensation as 
     provided in subsection (b).
       (b) Compensation.--The compensation to be paid under 
     subsection (a) is as follows: In the case of a living former 
     prisoner of war, to the living former prisoner of war in the 
     amount of $10,000.
       (c) Identification of Individuals as Former Prisoners of 
     War.--(1) An individual seeking compensation under this 
     section shall submit to the Secretary of Defense an 
     application therefor containing such information as the 
     Secretary shall require. Only one application shall be 
     submitted with respect to each individual seeking treatment 
     as a former prisoner of war for purposes of this section.
       (2) The Secretary shall take such actions as the Secretary 
     considers appropriate to identify and locate individuals 
     eligible for treatment as former prisoners of war for 
     purposes of this section.
       (d) Treatment as Former Prisoner of War.--(1) Subject to 
     paragraph (3), the Secretary of Defense shall treat an 
     individual as a former prisoner of war if--
       (A) the name of the individual appears on any official list 
     of the Imperial Government of Japan, or of the United States 
     Government, as having been imprisoned at any time during 
     World War II in a camp in Japan or territories occupied by 
     Japan where individuals were forced to provide labor; or

[[Page S9659]]

       (B) evidence otherwise demonstrates that the individual is 
     entitled to treatment as a former prisoner of war.
       (2) Any reasonable doubt under this subsection shall be 
     resolved in favor of the claimant.
       (3) The treatment of an individual as a former prisoner of 
     war under paragraph (1) shall be rebutted only by clear and 
     convincing evidence.
       (e) Timing of Payment.--The Secretary of Defense shall pay 
     compensation to a former prisoner of war, under subsection 
     (a) not later than 30 days after determining that 
     compensation is payable to or on behalf of the former 
     prisoner of war under this section.
       (f) Priority in Payments.--The Secretary of Defense shall 
     complete the processing of applications under this section in 
     a manner that provides, to the maximum extent practicable, 
     for the payment of compensation to former prisoners of war 
     during their natural lives, with payments prioritized based 
     on age and health of the claimant.
       (g) Funding.--(1) From funds available otherwise in this 
     Act up to $49,000,000 may be made available to carry out this 
     title.
       (2) The amount made available by paragraph (1) shall remain 
     available for obligation and expenditure during the two-year 
     period beginning on October 1, 2003.
       (3) Any amounts made available by paragraph (1) that have 
     not been obligated as of September 30, 2005, shall revert to 
     the Treasury as of that date.

     SEC. 903. DEFINITIONS.

       In this title:
       (1) Former prisoner of war.--The term ``former prisoner of 
     war'' means any individual who--
       (A) was a member of the Armed Forces of the United States, 
     a civilian employee of the United States, or an employee of a 
     contractor of the United States during World War II;
       (B) served in or with the United States combat forces 
     during World War II;
       (C) was captured and held as a prisoner of war or prisoner 
     by Japan in the course of such service; and
       (D) was required by one or more Japanese companies to 
     perform forced or slave labor during World War II.
       (2) Japanese company.--The term ``Japanese company'' 
     means--
       (A) any business enterprise, corporation, company, 
     association, partnership, or sole proprietorship having its 
     principal place of business within Japan or organized or 
     incorporated under the laws of Japan or any political 
     subdivision thereof; and
       (B) any subsidiary or affiliate of an entity in Japan, as 
     described in subparagraph (A), if controlled in fact by the 
     entity, whether currently incorporated or located in Japan or 
     elsewhere.
       (3) World war ii.--The term ``World War II'' means the 
     period beginning on December 7, 1941, and ending on August 8, 
     1945.
       This Act may be cited as the ``Department of Defense 
     Appropriations Act of 2004''.

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