[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[House]
[Pages 17130-17158]
[From the U.S. Government Publishing Office, www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2004

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

                              {time}  1208


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2658) making appropriations for the Department of Defense for the 
fiscal year ending September 30, 2004 and for other purposes, with Mr. 
Camp in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the order of the House of Thursday, June 
26, 2003, the bill is considered as having been read the first time.
  The gentleman from California (Mr. Lewis) and the gentleman from 
Pennsylvania (Mr. Murtha) each will control 30 minutes.
  The Chair recognizes the gentleman from California (Mr. Lewis).
  Mr. LEWIS of California. Mr. Chairman, I yield myself such time as I 
may consume.
  First, I appreciate very much having the opportunity to share this 
time with the gentleman from Pennsylvania (Mr. Murtha). I am very 
pleased today to bring before the House the 2004 defense appropriations 
bill. It is a bill that reflects very much the direction of the 
Commander-in-Chief as well as the Department of Defense regarding the 
war on terrorism that we are pursuing in the Middle East at this point, 
but also recognizing its great threat around the world.
  The bill itself is a very, very good bill that I highly commend to 
the Members, Mr. Chairman. I must say that in terms of its allocation, 
I am a bit disappointed, for the bill before us is in the neighborhood 
of $3 billion below the President's request. But having said that, we 
did provide some reallocation that helps some of our other bills, and 
in the meantime, we are doing all we can to recoup some of those 
dollars by way of other venues.
  Having said that, the bill is a very balanced bill, and we have made 
every effort to reflect the will of the House as well as the needs of 
our men and women who are representing us so well around the world.
  Before going on and commenting briefly about the bill, I want to 
express my deep appreciation to my colleague from Pennsylvania (Mr. 
Murtha), who works hand in glove with me in developing this bill, 
always, but particularly in this very difficult year with the 
challenges we face in the world.
  Mr. Chairman, I must say that this work would not have been able to 
have been carried forward in this timely fashion without the help of 
our very fine staff, Kevin Roper particularly, on my side, and a 
variety and mix of other fine staff members. I will let the gentleman 
from Pennsylvania talk about his fantastic staff on his own.
  But in the meantime, rather than going into great deal about the bill 
at this point in time, let me say that we have made every effort to 
fully fund the personnel needs that we face in this challenging world, 
such as a modest pay raise for our men and women who make up our 
forces, and funding the

[[Page 17131]]

health care programs that are so vital to their needs, as well as their 
housing challenges.
  We are also providing funding to make certain as we go about being 
successful in this war on terrorism we also are laying the foundation 
for America's leading the world in a way that will preserve peace for 
all of us.
  At this point, Mr. Chairman, I would like to insert the following 
tabular summary of the bill.

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[[Page 17133]]



[[Page 17134]]



[[Page 17135]]



[[Page 17136]]

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

[[Page 17137]]

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

                               H.R. 2658

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

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty, (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $28,233,436,000.

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

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $23,052,001,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $8,962,197,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities,

[[Page 17138]]

     permanent change of station travel (including all expenses 
     thereof for organizational movements), and expenses of 
     temporary duty travel between permanent duty stations, for 
     members of the Air Force on active duty (except members of 
     reserve components provided for elsewhere), cadets, and 
     aviation cadets; and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $23,121,003,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Reserve Officers' 
     Training Corps, and expenses authorized by section 16131 of 
     title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $3,568,625,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Reserve Officers' Training Corps, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $1,983,153,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $571,444,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Air Reserve 
     Officers' Training Corps, and expenses authorized by section 
     16131 of title 10, United States Code; and for payments to 
     the Department of Defense Military Retirement Fund, 
     $1,267,888,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under sections 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $5,382,719,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under sections 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $2,140,598,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $11,034,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, $24,903,992,000: Provided, That of the 
     funds appropriated in this paragraph, not less than 
     $355,000,000 shall be made available only for conventional 
     ammunition care and maintenance: Provided further, That of 
     funds made available under this heading, $2,500,000 shall be 
     available for Fort Baker, in accordance with the terms and 
     conditions as provided under the heading ``Operation and 
     Maintenance, Army'', in Public Law 107-117.

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide


                     (including transfer of funds)

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

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $2,031,309,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,171,921,000.

[[Page 17139]]



            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $2,144,188,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $4,325,231,000.

             Operation and Maintenance, Air National Guard

       For operation and maintenance of the Air National Guard, 
     including medical and hospital treatment and related expenses 
     in non-Federal hospitals; maintenance, operation, repair, and 
     other necessary expenses of facilities for the training and 
     administration of the Air National Guard, including repair of 
     facilities, maintenance, operation, and modification of 
     aircraft; transportation of things, hire of passenger motor 
     vehicles; supplies, materials, and equipment, as authorized 
     by law for the Air National Guard; and expenses incident to 
     the maintenance and use of supplies, materials, and 
     equipment, including such as may be furnished from stocks 
     under the control of agencies of the Department of Defense; 
     travel expenses (other than mileage) on the same basis as 
     authorized by law for Air National Guard personnel on active 
     Federal duty, for Air National Guard commanders while 
     inspecting units in compliance with National Guard Bureau 
     regulations when specifically authorized by the Chief, 
     National Guard Bureau, $4,424,046,000.

            Overseas Contingency Operations Transfer Account


                     (including transfer of funds)

       For expenses directly relating to Overseas Contingency 
     Operations by United States military forces, $5,000,000, to 
     remain available until expended: Provided, That the Secretary 
     of Defense may transfer these funds only to military 
     personnel accounts; operation and maintenance accounts within 
     this title; the Defense Health Program appropriation; 
     procurement accounts; research, development, test and 
     evaluation accounts; and to working capital funds: Provided 
     further, That the funds transferred shall be merged with and 
     shall be available for the same purposes and for the same 
     time period, as the appropriation to which transferred: 
     Provided further, That upon determination that all or part of 
     the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That the transfer authority provided in this paragraph is in 
     addition to any other transfer authority contained elsewhere 
     in this Act.

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army


                     (including transfer of funds)

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

                    Environmental Restoration, Navy


                     (including transfer of funds)

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

                  Environmental Restoration, Air Force


                     (including transfer of funds)

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

                Environmental Restoration, Defense-Wide


                     (including transfer of funds)

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

         Environmental Restoration, Formerly Used Defense Sites


                     (including transfer of funds)

       For the Department of the Army, $221,369,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  Former Soviet Union Threat Reduction

       For assistance to the republics of the former Soviet Union, 
     including assistance provided by contract or by grants, for 
     facilitating the elimination and the safe and secure 
     transportation and storage of nuclear, chemical and other 
     weapons; for establishing programs to prevent the 
     proliferation of weapons, weapons components, and weapon-
     related technology and expertise; for programs relating to 
     the training and support of defense and military personnel 
     for demilitarization and protection of weapons, weapons 
     components and weapons technology and expertise, and for 
     defense and military contacts, $450,800,000, to remain 
     available until September 30, 2006.

[[Page 17140]]



                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $2,180,785,000, to remain available for obligation until 
     September 30, 2006.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,533,462,000, to remain available for obligation until 
     September 30, 2006.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $1,956,504,000, to remain available for 
     obligation until September 30, 2006: Provided, That of the 
     funds made available under this heading, $35,000,000 shall be 
     available only for advance procurement items for the fifth 
     and sixth Stryker Brigade Combat Teams.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,355,466,000, to remain available for obligation until 
     September 30, 2006.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of passenger motor vehicles for 
     replacement only; and the purchase of 4 vehicles required for 
     physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $180,000 per vehicle; communications and electronic 
     equipment; other support equipment; spare parts, ordnance, 
     and accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $4,547,596,000, to remain available for obligation until 
     September 30, 2006.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $9,030,148,000, to remain available 
     for obligation until September 30, 2006.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $2,205,634,000, to remain available for obligation until 
     September 30, 2006.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $941,855,000, to remain available for obligation until 
     September 30, 2006.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long leadtime 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Carrier Replacement Program, $1,186,564,000;
       Virginia Class Submarine, $2,123,221,000;
       SSGN Conversion, $1,167,300,000;
       Cruiser Conversion, $194,440,000;
       CVN Refueling Overhauls, $367,832,000;
       Submarine Refueling Overhauls, $123,372,000;
       DDG-51, $3,198,311,000;
       LHD-1 Amphibious Assault Ship, $355,006,000;
       LPD-17, $1,367,034,000;
       Minehunter, SWATH, $9,000,000;
       Service Craft, $39,480,000;
       Landing Craft Air Cushion, LCAC, $73,087,000;
       Prior Year Shipbuilding Program, $899,502,000; and
       For outfitting, post delivery, conversions, and first 
     destination transportation, $348,949,000.

     In all: $11,453,098,000, to remain available for obligation 
     until September 30, 2008: Provided, That additional 
     obligations may be incurred after September 30, 2008, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction: Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel: 
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of passenger 
     motor vehicles for replacement only, and the purchase of 2 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     carrying vehicles but not to exceed $245,000 per unit; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $4,784,742,000, to remain available 
     for obligation until September 30, 2006.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and

[[Page 17141]]

     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of passenger motor vehicles for 
     replacement only; and expansion of public and private plants, 
     including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, 
     $1,200,499,000, to remain available for obligation until 
     September 30, 2006.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $11,877,051,000, to remain available for obligation until 
     September 30, 2006.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related equipment, 
     including spare parts and accessories therefor, ground 
     handling equipment, and training devices; expansion of public 
     and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $4,235,505,000, to remain available for obligation until 
     September 30, 2006.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,279,725,000, to remain available for obligation until 
     September 30, 2006.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of passenger motor vehicles for replacement 
     only, and the purchase of 1 vehicle required for physical 
     security of personnel, notwithstanding price limitations 
     applicable to passenger vehicles but not to exceed $243,000 
     per vehicle; lease of passenger motor vehicles; and expansion 
     of public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $11,195,159,000, to remain available for obligation 
     until September 30, 2006.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of passenger motor vehicles for 
     replacement only, including not to exceed 3 passenger motor 
     vehicles for the Defense Security Service; the purchase of 4 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $250,000 per vehicle; expansion of 
     public and private plants, equipment, and installation 
     thereof in such plants, erection of structures, and 
     acquisition of land for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $3,803,776,000, to remain available for obligation 
     until September 30, 2006.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces, $100,000,000, 
     to remain available for obligation until September 30, 2006: 
     Provided, That the Chiefs of the Reserve and National Guard 
     components shall, not later than 30 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees the modernization priority assessment for their 
     respective Reserve or National Guard component.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
     $67,516,000, to remain available until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $14,666,239,000, to remain 
     available for obligation until September 30, 2005: Provided, 
     That funds appropriated in this paragraph which are available 
     for the V-22 may be used to meet unique operational 
     requirements of the Special Operations Forces: Provided 
     further, That funds appropriated in this paragraph shall be 
     available for the Cobra Judy program.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $20,704,267,000, 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, $18,763,791,000, to 
     remain available for obligation until September 30, 2005.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation, in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $293,661,000, to remain available for obligation 
     until September 30, 2005.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744), and for the 
     necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $1,066,462,000, to remain available until 
     expended: Provided, That none of the funds provided in this 
     paragraph shall be used to award a new contract that provides 
     for the acquisition of any of the following major components 
     unless such components are manufactured in the United States: 
     auxiliary equipment, including pumps, for all shipboard 
     services; propulsion system components (that is; engines, 
     reduction gears, and propellers); shipboard cranes; and 
     spreaders for shipboard cranes: Provided further, That the 
     exercise of an option in a contract awarded through the 
     obligation of previously appropriated funds shall not be 
     considered to be the award of a new contract: Provided 
     further, That the Secretary of the military department 
     responsible for such procurement may waive the restrictions 
     in the first proviso on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely

[[Page 17142]]

     basis and that such an acquisition must be made in order to 
     acquire capability for national security purposes: Provided 
     further, That, notwithstanding any other provision of law, 
     $6,500,000 of the funds available under this heading shall be 
     available in addition to other amounts otherwise available, 
     only to finance the cost of constructing additional sealift 
     capacity.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

            Chemical Agents and Munitions Destruction, Army

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $1,533,261,000, of which $1,199,168,000 
     shall be for Operation and maintenance to remain available 
     until September 30, 2005; $79,212,000 shall be for 
     Procurement to remain available until September 30, 2006; 
     $254,881,000 shall be for Research, development, test and 
     evaluation to remain available until September 30, 2005; and 
     no more than $132,677,000 may be for the Chemical Stockpile 
     Emergency Preparedness Program, of which $44,168,000 shall be 
     for activities on military installations and $88,509,000 
     shall be to assist state and local governments.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for Operation and 
     maintenance; for Procurement; and for Research, development, 
     test and evaluation, $817,371,000: Provided, That the funds 
     appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority contained elsewhere in this 
     Act.

                    Office of the Inspector General

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

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account


                     (including transfer of funds)

       For necessary expenses of the Intelligence Community 
     Management Account, $170,640,000, of which $26,081,000 for 
     the Advanced Research and Development Committee shall remain 
     available until September 30, 2005: Provided, That of the 
     funds appropriated under this heading, $46,100,000 shall be 
     transferred to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities, and of 
     the said amount, $1,500,000 for Procurement shall remain 
     available until September 30, 2006 and $1,000,000 for 
     Research, development, test and evaluation shall remain 
     available until September 30, 2005: Provided further, That 
     the National Drug Intelligence Center shall maintain the 
     personnel and technical resources to provide timely support 
     to law enforcement authorities and the intelligence community 
     by conducting document and computer exploitation of materials 
     collected in Federal, State, and local law enforcement 
     activity associated with counter-drug, counter-terrorism, and 
     national security investigations and operations.

                 National Security Education Trust Fund

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

                               TITLE VIII

                           GENERAL PROVISIONS

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


                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $2,500,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress: Provided further, 
     That a request for multiple reprogrammings of funds using 
     authority provided in this section must be made prior to May 
     31, 2004.


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase

[[Page 17143]]

     the value of war reserve material inventory, unless the 
     Secretary of Defense has notified the Congress prior to any 
     such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session in advance to the 
     congressional defense committees.
       Sec. 8008. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any 1 year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any 1 year, unless the congressional 
     defense committees have been notified at least 30 days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement.
       Funds appropriated in title III of this Act may be used for 
     multiyear procurement contracts as follows:
       F/A-18 aircraft;
       E-2C aircraft; and
       Tactical Tomahawk missile.
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code: Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239: Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8010. (a) During fiscal year 2004, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2005 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2005 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2005.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. Notwithstanding any other provision of law, none 
     of the funds made available by this Act shall be used by the 
     Department of Defense to exceed, outside the 50 United 
     States, its territories, and the District of Columbia, 
     125,000 civilian workyears: Provided, That workyears shall be 
     applied as defined in the Federal Personnel Manual: Provided 
     further, That workyears expended in dependent student hiring 
     programs for disadvantaged youths shall not be included in 
     this workyear limitation.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     subsection shall not apply to those members who have 
     reenlisted with this option prior to October 1, 1987: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       Sec. 8014. None of the funds appropriated by this Act shall 
     be available to convert to contractor performance an activity 
     or function of the Department of Defense that, on or after 
     the date of the enactment of this Act, is performed by more 
     than 10 Department of Defense civilian employees unless such 
     conversion is based on the result of a public-private 
     competition that includes a most efficient and cost effective 
     organization plan developed by such activity or function and 
     the Competitive Sourcing Official certifies that the 
     projected savings of the competition exceed the minimum 
     conversion differential for such activity or function: 
     Provided, That this section shall not apply in circumstances 
     in which the Department of Defense publishes in the Federal 
     Register a determination that compliance would have an 
     adverse impact on national security: Provided further, That 
     this section and subsections (a), (b), and (c) of 10 U.S.C. 
     2461 shall not apply to a commercial or industrial type 
     function of the Department of Defense that: (1) is included 
     on the procurement list established pursuant to section 2 of 
     the Act of June 25, 1938 (41 U.S.C. 47), popularly referred 
     to as the Javits-Wagner-O'Day Act; (2) is planned to be 
     converted to performance by a qualified nonprofit agency for 
     the blind or by a qualified nonprofit agency for other 
     severely handicapped individuals in accordance with that Act; 
     or (3) is planned to be converted to performance by a 
     qualified firm under 51 percent ownership by an Indian tribe, 
     as defined in section 450b(e) of title 25, United States 
     Code, or a Native Hawaiian organization, as defined in 
     section 637(a)(15) of title 15, United States Code.


                          (transfer of funds)

       Sec. 8015. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) or TRICARE shall be available 
     for the reimbursement of any health care provider for 
     inpatient mental health service for care received when a 
     patient is referred to a provider of inpatient mental health 
     care or residential treatment care by a medical or health 
     care professional having an economic interest in the facility 
     to which the patient is referred: Provided, That this 
     limitation does not apply in the case of inpatient mental 
     health services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services required by the patient, and the availability of 
     that care.
       Sec. 8018. (a) During the current fiscal year and 
     hereafter, the Secretary of Defense may, by executive 
     agreement, establish with the government of any North 
     Atlantic Treaty Organization member nation a separate account 
     into which residual value amounts negotiated with that nation 
     in the return of United States military installations in that

[[Page 17144]]

     nation may be deposited, in lieu of direct monetary transfers 
     to the United States Treasury. Any such deposit may be made 
     in the currency of the host nation. Amounts in such an 
     account shall be treated as credits to that host nation and 
     may be used only as specified in subsection (b).
       (b) Amounts deposited by a host nation in an account as 
     provided for in an agreement under subsection (a) may be 
     used--
       (1) subject to subsection (c), for the construction of 
     facilities to support United States military forces in that 
     host nation; or
       (2) for such real property maintenance and base operating 
     costs at United States military installations in that host 
     nation that are currently executed through monetary transfers 
     to such host nation.
       (c) A military construction project may be executed from an 
     account established under this section only if the project 
     has been previously authorized by law.
       (d) In the budget justification materials submitted to 
     Congress in support of the President's budget for the 
     Department of Defense for any fiscal year, the Secretary of 
     Defense shall identify--
       (1) amounts anticipated to be received during that fiscal 
     year in residual value settlements under this section; and
       (2) such construction, real property maintenance, and base 
     operating costs that shall be funded by the host nation 
     during that fiscal year through such credits under an 
     agreement under this section.
       (e)(1) The Secretary of Defense shall report any executive 
     agreement with a NATO member nation under this section to the 
     congressional committees specified in paragraph (2) not less 
     than 30 days before the conclusion and endorsement of the 
     agreement.
       (2) The committees referred to in paragraph (1) are the 
     congressional defense committees, the Committee on 
     International Relations of the House of Representatives, and 
     the Committee on Foreign Relations of the Senate.
       Sec. 8019. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8020. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8021. In addition to the funds provided elsewhere in 
     this Act, $8,000,000 is appropriated only for incentive 
     payments authorized by Section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in 25 U.S.C. 1544 or a small business owned and controlled by 
     an individual defined under 25 U.S.C. 4221(9) shall be 
     considered a contractor for the purposes of being allowed 
     additional compensation under section 504 of the Indian 
     Financing Act of 1974 (25 U.S.C. 1544) whenever the prime 
     contract or subcontract amount is over $500,000 and involves 
     the expenditure of funds appropriated by an Act making 
     Appropriations for the Department of Defense with respect to 
     any fiscal year: Provided further, That notwithstanding 41 
     U.S.C. Sec. 430, this section shall be applicable to any 
     Department of Defense acquisition of supplies or services, 
     including any contract and any subcontract at any tier for 
     acquisition of commercial items produced or manufactured, in 
     whole or in part by any subcontractor or supplier defined in 
     25 U.S.C. Sec. 1544 or a small business owned and controlled 
     by an individual defined under 25 U.S.C. 4221(9).
       Sec. 8022. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 48 months after 
     initiation of such study for a multi-function activity.
       Sec. 8023. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8024. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may adjust wage rates 
     for civilian employees hired for certain health care 
     occupations as authorized for the Secretary of Veterans 
     Affairs by section 7455 of title 38, United States Code.
       Sec. 8025. (a) The Secretary of Defense shall afford 
     qualified nonprofit agencies for the blind or other severely 
     handicapped the maximum practicable opportunity to 
     participate as subcontractors and suppliers in the 
     performance of contracts for the procurement of supplies or 
     services that are let by the Department of Defense using 
     funds appropriated for military functions of the Department 
     of Defense (other than for military construction or military 
     family housing).
       (b) A business concern that has negotiated with the 
     Secretary of a military department or the director of a 
     Defense Agency a subcontracting plan for the participation by 
     small business concerns pursuant to section 8(d) of the Small 
     Business Act (15 U.S.C. 637(d)) shall be given credit toward 
     meeting that subcontracting goal for any purchase made from a 
     qualified nonprofit agency for the blind or other severely 
     handicapped.
       (c) For the purpose of this section, the term ``qualified 
     nonprofit agency for the blind or other severely 
     handicapped'' means a nonprofit agency for the blind, or a 
     nonprofit agency for other severely handicapped, that has 
     been approved by the Committee for the Purchase from the 
     Blind and Other Severely Handicapped under the Javits-Wagner-
     O'Day Act (41 U.S.C. 46-48).
       (d) This section shall apply during the current fiscal year 
     and hereafter.
       Sec. 8026. During the current fiscal year, net receipts 
     pursuant to collections from third party payers pursuant to 
     section 1095 of title 10, United States Code, shall be made 
     available to the local facility of the uniformed services 
     responsible for the collections and shall be over and above 
     the facility's direct budget amount.
       Sec. 8027. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.


                     (including transfer of funds)

       Sec. 8028. (a) Of the funds made available in this Act, not 
     less than $32,758,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $21,432,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counterdrug 
     activities, and drug demand reduction activities involving 
     youth programs;
       (2) $10,540,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $786,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) Notwithstanding section 9445 of title 10, United States 
     Code, or any other provision of law, of the funds made 
     available to the Civil Air Patrol Corporation in this Act 
     under the heading ``Aircraft Procurement, Air Force'', not 
     more than $770,000 may be transferred by the Secretary of the 
     Air Force to the ``Operation and Maintenance, Air Force'' 
     appropriation to be merged with and to be available for 
     administrative expenses incurred by the Air Force in the 
     administration of Civil Air Patrol Corporation. Funds so 
     transferred shall be available for the same period as the 
     appropriation to which transferred.
       (c) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal State, and 
     local government agencies.
       Sec. 8029. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2004 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2004, 
     not more than 6,321 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,050 staff years may be funded for 
     the defense studies and analysis FFRDCs.
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2005 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in

[[Page 17145]]

     this Act for FFRDCs is hereby reduced by $74,200,000.
       Sec. 8030. None of the funds appropriated or made available 
     in this Act shall be used to procure carbon, alloy or armor 
     steel plate for use in any Government-owned facility or 
     property under the control of the Department of Defense which 
     were not melted and rolled in the United States or Canada: 
     Provided, That these procurement restrictions shall apply to 
     any and all Federal Supply Class 9515, American Society of 
     Testing and Materials (ASTM) or American Iron and Steel 
     Institute (AISI) specifications of carbon, alloy or armor 
     steel plate: Provided further, That the Secretary of the 
     military department responsible for the procurement may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8031. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8032. (a) During the current fiscal year and 
     hereafter, the Department of Defense may acquire the 
     modification, depot maintenance, and repair of aircraft, 
     vehicles, and vessels, as well as the production of 
     components and other Defense-related articles, through 
     competition between Department of Defense depot maintenance 
     activities and private firms.
       (b) In the case of a competition conducted under this 
     section, the Senior Acquisition Executive of the military 
     department or Defense Agency concerned shall certify that the 
     successful bid includes comparable estimates of all direct 
     and indirect costs for bids submitted both by Department of 
     Defense depot maintenance activities and by private firms. 
     The authority of the Senior Acquisition Executive under this 
     section may be delegated.
       (c) Office of Management and Budget Circular A-76 shall not 
     apply to a competition conducted under this section.
       Sec. 8033. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2004. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8034. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year as a result 
     of energy cost savings realized by the Department of Defense 
     shall remain available for obligation for the next fiscal 
     year to the extent, and for the purposes, provided in section 
     2865 of title 10, United States Code.


                     (including transfer of funds)

       Sec. 8035. Amounts deposited during the current fiscal year 
     to the special account established under 40 U.S.C. 
     572(b)(5)(A) and to the special account established under 10 
     U.S.C. 2667(d)(1) are appropriated and shall be available 
     until transferred by the Secretary of Defense to current 
     applicable appropriations or funds of the Department of 
     Defense under the terms and conditions specified by 40 U.S.C. 
     572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with 
     and to be available for the same time period and the same 
     purposes as the appropriation to which transferred.
       Sec. 8036. The President shall include with each budget for 
     a fiscal year submitted to the Congress under section 1105 of 
     title 31, United States Code, materials that shall identify 
     clearly and separately the amounts requested in the budget 
     for appropriation for that fiscal year for salaries and 
     expenses related to administrative activities of the 
     Department of Defense, the military departments, and the 
     defense agencies.
       Sec. 8037. Notwithstanding any other provision of law, 
     funds available for ``Drug Interdiction and Counter-Drug 
     Activities, Defense'' may be obligated for the Young Marines 
     program.


                     (including transfer of funds)

       Sec. 8038. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8039. (a) In General.--Notwithstanding any other 
     provision of law, the Secretary of the Air Force may convey 
     at no cost to the Air Force, without consideration, to Indian 
     tribes located in the States of North Dakota, South Dakota, 
     Montana, and Minnesota relocatable military housing units 
     located at Grand Forks Air Force Base and Minot Air Force 
     Base that are excess to the needs of the Air Force.
       (b) Processing of Requests.--The Secretary of the Air Force 
     shall convey, at no cost to the Air Force, military housing 
     units under subsection (a) in accordance with the request for 
     such units that are submitted to the Secretary by the 
     Operation Walking Shield Program on behalf of Indian tribes 
     located in the States of North Dakota, South Dakota, Montana, 
     and Minnesota.
       (c) Resolution of Housing Unit Conflicts.--The Operation 
     Walking Shield program shall resolve any conflicts among 
     requests of Indian tribes for housing units under subsection 
     (a) before submitting requests to the Secretary of the Air 
     Force under subsection (b).
       (d) Indian Tribe Defined.--In this section, the term 
     ``Indian tribe'' means any recognized Indian tribe included 
     on the current list published by the Secretary of the 
     Interior under section 104 of the Federally Recognized Indian 
     Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 
     U.S.C. 479a-1).
       Sec. 8040. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8041. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2005 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2005 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2005 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8042. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2005: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
     Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for agent operations and 
     for covert action programs authorized by the President under 
     section 503 of the National Security Act of 1947, as amended, 
     shall remain available until September 30, 2005.
       Sec. 8043. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8044. Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $10,000,000 shall be made

[[Page 17146]]

     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:
       ``Aircraft Procurement, Army, 2003/2005'', $47,100,000;
       ``Other Procurement, Army, 2003/2005'', $8,000,000;
       ``Shipbuilding and Conversion, Navy, 2002/2006'', 
     $25,600,000;
       ``Missile Procurement, Air Force, 2003/2005'', $27,000,000;
       ``Other Procurement, Air Force, 2003/2005'', $30,000,000; 
     and
       ``Research, Development, Test and Evaluation, Army, 2003/
     2004'', $1,650,000.
       Sec. 8050. None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, the Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8051. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of North Korea 
     unless specifically appropriated for that purpose.
       Sec. 8052. During the current fiscal year, funds 
     appropriated in this Act are available to compensate members 
     of the National Guard for duty performed pursuant to a plan 
     submitted by a Governor of a State and approved by the 
     Secretary of Defense under section 112 of title 32, United 
     States Code: Provided, That during the performance of such 
     duty, the members of the National Guard shall be under State 
     command and control: Provided further, That such duty shall 
     be treated as full-time National Guard duty for purposes of 
     sections 12602(a)(2) and (b)(2) of title 10, United States 
     Code.
       Sec. 8053. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Combatant Commands 
     and Defense Agencies shall be available for reimbursement of 
     pay, allowances and other expenses which would otherwise be 
     incurred against appropriations for the National Guard and 
     Reserve when members of the National Guard and Reserve 
     provide intelligence or counterintelligence support to 
     Combatant Commands, Defense Agencies and Joint Intelligence 
     Activities, including the activities and programs included 
     within the National Foreign Intelligence Program (NFIP), the 
     Joint Military Intelligence Program (JMIP), and the Tactical 
     Intelligence and Related Activities (TIARA) aggregate: 
     Provided, That nothing in this section authorizes deviation 
     from established Reserve and National Guard personnel and 
     training procedures.
       Sec. 8054. During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2002 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8055. (a) Limitation on Pentagon Renovation Costs.--
     Not later than the date each year on which the President 
     submits to Congress the budget under section 1105 of title 
     31, United States Code, the Secretary of Defense shall submit 
     to Congress a certification that the total cost for the 
     planning, design, construction, and installation of equipment 
     for the renovation of wedges 2 through 5 of the Pentagon 
     Reservation, cumulatively, will not exceed four times the 
     total cost for the planning, design, construction, and 
     installation of equipment for the renovation of wedge 1.
       (b) Annual Adjustment.--For purposes of applying the 
     limitation in subsection (a), the Secretary shall adjust the 
     cost for the renovation of wedge 1 by any increase or 
     decrease in costs attributable to economic inflation, based 
     on the most recent economic assumptions issued by the Office 
     of Management and Budget for use in preparation of the budget 
     of the United States under section 1104 of title 31, United 
     States Code.
       (c) Exclusion of Certain Costs.--For purposes of 
     calculating the limitation in subsection (a), the total cost 
     for wedges 2 through 5 shall not include--
       (1) any repair or reconstruction cost incurred as a result 
     of the terrorist attack on the Pentagon that occurred on 
     September 11, 2001;
       (2) any increase in costs for wedges 2 through 5 
     attributable to compliance with new requirements of Federal, 
     State, or local laws; and
       (3) any increase in costs attributable to additional 
     security requirements that the Secretary of Defense considers 
     essential to provide a safe and secure working environment.
       (d) Certification Cost Reports.--As part of the annual 
     certification under subsection (a), the Secretary shall 
     report the projected cost (as of the time of the 
     certification) for--
       (1) the renovation of each wedge, including the amount 
     adjusted or otherwise excluded for such wedge under the 
     authority of paragraphs (2) and (3) of subsection (c) for the 
     period covered by the certification; and
       (2) the repair and reconstruction of wedges 1 and 2 in 
     response to the terrorist attack on the Pentagon that 
     occurred on September 11, 2001.
       (e) Duration of Certification Requirement.--The requirement 
     to make an annual certification under subsection (a) shall 
     apply until the Secretary certifies to Congress that the 
     renovation of the Pentagon Reservation is completed.
       Sec. 8056. Notwithstanding any other provision of law, that 
     not more than 35 percent of funds provided in this Act for 
     environmental remediation may be obligated under

[[Page 17147]]

     indefinite delivery/indefinite quantity contracts with a 
     total contract value of $130,000,000 or higher.
       Sec. 8057. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.


                          (transfer of funds)

       Sec. 8058. Appropriations available in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' for 
     increasing energy and water efficiency in Federal buildings 
     may, during their period of availability, be transferred to 
     other appropriations or funds of the Department of Defense 
     for projects related to increasing energy and water 
     efficiency, to be merged with and to be available for the 
     same general purposes, and for the same time period, as the 
     appropriation or fund to which transferred.
       Sec. 8059. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end item.
       Sec. 8060. Notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to American Samoa, and 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to the Indian Health 
     Service when it is in conjunction with a civil-military 
     project.
       Sec. 8061. None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8062. Notwithstanding any other provision of law, the 
     Naval shipyards of the United States shall be eligible to 
     participate in any manufacturing extension program financed 
     by funds appropriated in this or any other Act.
       Sec. 8063. Notwithstanding any other provision of law, each 
     contract awarded by the Department of Defense during the 
     current fiscal year for construction or service performed in 
     whole or in part in a State (as defined in section 381(d) of 
     title 10, United States Code) which is not contiguous with 
     another State and has an unemployment rate in excess of the 
     national average rate of unemployment as determined by the 
     Secretary of Labor, shall include a provision requiring the 
     contractor to employ, for the purpose of performing that 
     portion of the contract in such State that is not contiguous 
     with another State, individuals who are residents of such 
     State and who, in the case of any craft or trade, possess or 
     would be able to acquire promptly the necessary skills: 
     Provided, That the Secretary of Defense may waive the 
     requirements of this section, on a case-by-case basis, in the 
     interest of national security.
       Sec. 8064. None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress: Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8065. (a) Limitation on Transfer of Defense Articles 
     and Services.--Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives, and the Committee on Foreign Relations of 
     the Senate are notified 15 days in advance of such transfer.
       (b) Covered Activities.--This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) Required Notice.--A notice under subsection (a) shall 
     include the following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8066. To the extent authorized by subchapter VI of 
     chapter 148 of title 10, United States Code, the Secretary of 
     Defense may issue loan guarantees in support of United States 
     defense exports not otherwise provided for: Provided, That 
     the total contingent liability of the United States for 
     guarantees issued under the authority of this section may not 
     exceed $15,000,000,000: Provided further, That the exposure 
     fees charged and collected by the Secretary for each 
     guarantee shall be paid by the country involved and shall not 
     be financed as part of a loan guaranteed by the United 
     States: Provided further, That the Secretary shall provide 
     quarterly reports to the Committees on Appropriations, Armed 
     Services, and Foreign Relations of the Senate and the 
     Committees on Appropriations, Armed Services, and 
     International Relations in the House of Representatives on 
     the implementation of this program: Provided further, That 
     amounts charged for administrative fees and deposited to the 
     special account provided for under section 2540c(d) of title 
     10, shall be available for paying the costs of administrative 
     expenses of the Department of Defense that are attributable 
     to the loan guarantee program under subchapter VI of chapter 
     148 of title 10, United States Code.
       Sec. 8067. None of the funds available to the Department of 
     Defense under this Act shall be obligated or expended to pay 
     a contractor under a contract with the Department of Defense 
     for costs of any amount paid by the contractor to an employee 
     when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.
       Sec. 8068. (a) None of the funds appropriated or otherwise 
     made available in this Act may be used to transport or 
     provide for the transportation of chemical munitions or 
     agents to the Johnston Atoll for the purpose of storing or 
     demilitarizing such munitions or agents.
       (b) The prohibition in subsection (a) shall not apply to 
     any obsolete World War II chemical munition or agent of the 
     United States found in the World War II Pacific Theater of 
     Operations.
       (c) The President may suspend the application of subsection 
     (a) during a period of war in which the United States is a 
     party.


                     (including transfer of funds)

       Sec. 8069. During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8070. During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of

[[Page 17148]]

     the National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note): 
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account: Provided further, That the total 
     amount charged to a current appropriation under this section 
     may not exceed an amount equal to 1 percent of the total 
     appropriation for that account.
       Sec. 8071. Funds appropriated for the Department of Defense 
     in this Act or any other Act for the current fiscal year and 
     hereafter for Operation and Maintenance or for the Defense 
     Health Program for supervision and administration costs for 
     facilities maintenance and repair, minor construction, or 
     design projects may be obligated when the reimbursable order 
     is accepted by the performing activity. For the purpose of 
     this section, supervision and administration costs include 
     all in-house Government costs.
       Sec. 8072. (a) During the current fiscal year and 
     hereafter, the Chief of the National Guard Bureau may permit 
     the use of equipment of the National Guard Distance Learning 
     Project by any person or entity on a space-available, 
     reimbursable basis. The Chief of the National Guard Bureau 
     shall establish the amount of reimbursement for such use on a 
     case-by-case basis.
       (b) During the current fiscal year and hereafter, amounts 
     collected under the subsection (a) shall be credited to funds 
     then available for the National Guard Distance Learning 
     Project and shall be available to defray the costs associated 
     with the use of equipment of the Distance Learning Project 
     under that subsection. Such funds shall be available for such 
     purpose without fiscal year limitation.
       Sec. 8073. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source.
       Sec. 8074. None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements: Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use: Provided further, That this restriction does 
     not apply to programs funded within the National Foreign 
     Intelligence Program: Provided further, That the Secretary of 
     Defense may waive this restriction on a case-by-case basis by 
     certifying in writing to the Committees on Appropriations of 
     the House of Representatives and the Senate that it is in the 
     national security interest to do so.
       Sec. 8075. None of the funds made available in this Act may 
     be used to approve or license the sale of the F-22 advanced 
     tactical fighter to any foreign government.
       Sec. 8076. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8077. (a) Prohibition.--None of the funds made 
     available by this Act may be used to support any training 
     program involving a unit of the security forces of a foreign 
     country if the Secretary of Defense has received credible 
     information from the Department of State that the unit has 
     committed a gross violation of human rights, unless all 
     necessary corrective steps have been taken.
       (b) Monitoring.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall ensure that prior to a 
     decision to conduct any training program referred to in 
     subsection (a), full consideration is given to all credible 
     information available to the Department of State relating to 
     human rights violations by foreign security forces.
       (c) Waiver.--The Secretary of Defense, after consultation 
     with the Secretary of State, may waive the prohibition in 
     subsection (a) if he determines that such waiver is required 
     by extraordinary circumstances.
       (d) Report.--Not more than 15 days after the exercise of 
     any waiver under subsection (c), the Secretary of Defense 
     shall submit a report to the congressional defense committees 
     describing the extraordinary circumstances, the purpose and 
     duration of the training program, the United States forces 
     and the foreign security forces involved in the training 
     program, and the information relating to human rights 
     violations that necessitates the waiver.
       Sec. 8078. The Secretary of Defense, in coordination with 
     the Secretary of Health and Human Services, may carry out a 
     program to distribute surplus dental equipment of the 
     Department of Defense, at no cost to the Department of 
     Defense, to Indian Health Service facilities and to 
     federally-qualified health centers (within the meaning of 
     section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
     1396d(l)(2)(B))).
       Sec. 8079. None of the funds appropriated or made available 
     in this Act to the Department of the Navy shall be used to 
     develop, lease or procure the T-AKE class of ships unless the 
     main propulsion diesel engines and propulsors are 
     manufactured in the United States by a domestically operated 
     entity: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes or there exists a significant cost or 
     quality difference.
       Sec. 8080. None of the funds appropriated or otherwise made 
     available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8081. Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any 
     advanced concept technology demonstration project may only be 
     obligated 30 days after a report, including a description of 
     the project and its estimated annual and total cost, has been 
     provided in writing to the congressional defense committees: 
     Provided, That the Secretary of Defense may waive this 
     restriction on a case-by-case basis by certifying to the 
     congressional defense committees that it is in the national 
     interest to do so.
       Sec. 8082. Notwithstanding any other provision of law, for 
     the purpose of establishing all Department of Defense 
     policies governing the provision of care provided by and 
     financed under the military health care system's case 
     management program under 10 U.S.C. 1079(a)(17), the term 
     ``custodial care'' shall be defined as care designed 
     essentially to assist an individual in meeting the activities 
     of daily living and which does not require the supervision of 
     trained medical, nursing, paramedical or other specially 
     trained individuals: Provided, That the case management 
     program shall provide that members and retired members of the 
     military services, and their dependents and survivors, have 
     access to all medically necessary health care through the 
     health care delivery system of the military services 
     regardless of the health care status of the person seeking 
     the health care: Provided further, That the case management 
     program shall be the primary obligor for payment of medically 
     necessary services and shall not be considered as secondarily 
     liable to title XIX of the Social Security Act, other welfare 
     programs or charity based care.
       Sec. 8083. During the current fiscal year and hereafter, 
     refunds attributable to the use of the Government travel 
     card, refunds attributable to the use of the Government 
     Purchase Card and refunds attributable to official Government 
     travel arranged by Government Contracted Travel Management 
     Centers may be credited to operation and maintenance accounts 
     of the Department of Defense which are current when the 
     refunds are received.
       Sec. 8084. (a) Registering Financial Management Information 
     Technology Systems With DOD Chief Information Officer.--None 
     of the funds appropriated in this Act may be used for a 
     mission critical or mission essential financial management 
     information technology system (including a system funded by 
     the defense working capital fund) that

[[Page 17149]]

     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. Of the amounts appropriated in this Act under 
     the heading, ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $48,000,000 shall remain available until 
     expended: Provided, That notwithstanding any other provision 
     of law, the Secretary of Defense is authorized to transfer 
     such funds to other activities of the Federal Government: 
     Provided further, That of the amounts made available under 
     the heading ``Operation and Maintenance, Army'', up to 
     $177,000,000 shall remain available until expended, and is 
     available for the acquisition of real property, construction, 
     personal services, and operations, for certain classified 
     activities, and may be transferred to other appropriations 
     accounts of the Department of Defense, and notwithstanding 
     any other provision of law, such funds may be obligated to 
     carry out projects not otherwise authorized by law: Provided 
     further, That any funds transferred shall be merged with and 
     made available for the same time period and for the same 
     purposes as the appropriations to which transferred: Provided 
     further, That the transfer authority provided in this 
     paragraph is in addition to any other transfer authority 
     provided to the Department of Defense.
       Sec. 8092. Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111; 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2004.
       Sec. 8093. In addition to amounts provided in this Act, 
     $2,000,000 is hereby appropriated for ``Defense Health 
     Program'', to remain available for obligation until expended: 
     Provided, That notwithstanding any other provision of law, 
     these funds shall be available only for a grant to the Fisher 
     House Foundation, Inc., only for the construction and 
     furnishing of additional Fisher Houses to meet the needs of 
     military family members when confronted with the illness or 
     hospitalization of an eligible military beneficiary.
       Sec. 8094. Amounts appropriated in title II are hereby 
     reduced by $172,500,000 to reflect

[[Page 17150]]

     savings attributable to improvements in the management of 
     professional support services, surveys and analysis, and 
     engineering and technical support contracted by the military 
     departments, as follows:
       (1) From ``Operation and Maintenance, Army'', $21,500,000.
       (2) From ``Operation and Maintenance, Navy'', $34,400,000.
       (3) From ``Operation and Maintenance, Marine Corps'', 
     $4,300,000.
       (4) From ``Operation and Maintenance, Air Force'', 
     $21,300,000.
       (5) From ``Operation and Maintenance, Defense-Wide'', 
     $91,000,000.


                     (including transfer of funds)

       Sec. 8095. Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $899,502,000 shall be available until September 30, 2004, to 
     fund prior year shipbuilding cost increases: Provided, That 
     upon enactment of this Act, the Secretary of the Navy shall 
     transfer such funds to the following appropriations in the 
     amounts specified: Provided further, That the amounts 
     transferred shall be merged with and be available for the 
     same purposes as the appropriations to which transferred:
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1996/04'':
       LPD-17 Amphibious Transport Dock Ship Program, 
     $150,300,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/04'':
       New SSN, $81,060,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1999/04'':
       DDG-51 Destroyer Program, $44,420,000;
       New SSN, $166,978,000;
       LPD-17 Amphibious Transport Dock Ship Program $86,821,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2000/04'':
       DDG-51 Destroyer Program, $69,460,000;
       LPD-17 Amphibious Transport Dock Ship Program $112,778,000; 
     and
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2001/04'':
       DDG-51 Destroyer Program, $90,313,000; and
       New SSN, $97,372,000.
       Sec. 8096. The Secretary of the Navy may settle, or 
     compromise, and pay any and all admiralty claims under 10 
     U.S.C. 7622 arising out of the collision involving the U.S.S. 
     GREENEVILLE and the EHIME MARU, in any amount and without 
     regard to the monetary limitations in subsections (a) and (b) 
     of that section: Provided, That such payments shall be made 
     from funds available to the Department of the Navy for 
     operation and maintenance.
       Sec. 8097. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may exercise the 
     provisions of 38 U.S.C. 7403(g) for occupations listed in 38 
     U.S.C. 7403(a)(2) as well as the following:
       Pharmacists, Audiologists, and Dental Hygienists.
       (A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall 
     apply.
       (B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not 
     apply.
       Sec. 8098. Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2004 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2004.
       Sec. 8099. The total amount appropriated in title II is 
     hereby reduced by $320,000,000 to reduce cost growth in 
     information technology development, to be derived as follows:
       (1) From ``Operation and Maintenance, Army'', $60,000,000.
       (2) From ``Operation and Maintenance, Navy'', $100,000,000.
       (3) From ``Operation and Maintenance, Air Force'', 
     $100,000,000.
       (4) From ``Operation and Maintenance, Defense-Wide'', 
     $60,000,000.
       Sec. 8100. None of the funds in this Act may be used to 
     initiate a new start program without prior notification to 
     the Office of Secretary of Defense and the congressional 
     defense committees.
       Sec. 8101. The amounts appropriated in title II are hereby 
     reduced by $539,000,000 to reflect cash balance and rate 
     stabilization adjustments in Department of Defense Working 
     Capital Funds, as follows:
       (1) From ``Operation and Maintenance, Army'', $107,000,000.
       (2) From ``Operation and Maintenance, Navy'', $45,000,000.
       (3) From ``Operation and Maintenance, Air Force'', 
     $387,000,000.
       Sec. 8102. The amount appropriated in title II for 
     ``Operation and Maintenance, Navy'' is hereby reduced by 
     $67,000,000 to reduce excess funded carryover.
       Sec. 8103. (a) In addition to the amounts provided 
     elsewhere in this Act, the amount of $5,500,000 is hereby 
     appropriated to the Department of Defense for ``Operation and 
     Maintenance, Army National Guard''. Such amount shall be made 
     available to the Secretary of the Army only to make a grant 
     in the amount of $5,500,000 to the entity specified in 
     subsection (b) to facilitate access by veterans to 
     opportunities for skilled employment in the construction 
     industry.
       (b) The entity referred to in subsection (a) is the Center 
     for Military Recruitment, Assessment and Veterans Employment, 
     a nonprofit labor-management co-operation committee provided 
     for by section 302(c)(9) of the Labor-Management Relations 
     Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth 
     in section 6(b) of the Labor Management Cooperation Act of 
     1978 (29 U.S.C. 175a note).
       Sec. 8104. (a) During the current fiscal year and 
     hereafter, funds available to the Secretary of a military 
     department for Operation and Maintenance may be used for the 
     purposes stated in subsection (b) to support chaplain-led 
     programs to assist members of the Armed Forces and their 
     immediate family members in building and maintaining a strong 
     family structure.
       (b) The purposes referred to in subsection (a) are costs of 
     transportation, food, lodging, supplies, fees, and training 
     materials for members of the Armed Forces and their family 
     members while participating in such programs, including 
     participation at retreats and conferences.
       Sec. 8105. Financing and Fielding of Key Army 
     Capabilities.--The Department of Defense and the Department 
     of the Army shall make future budgetary and programming plans 
     to fully finance the Non-Line of Sight (NLOS) Objective Force 
     cannon and resupply vehicle program in order to field this 
     system in the 2008 timeframe. As an interim capability to 
     enhance Army lethality, survivability, and mobility for light 
     and medium forces before complete fielding of the Objective 
     Force, the Army shall ensure that budgetary and programmatic 
     plans will provide for no fewer than six Stryker Brigade 
     Combat Teams to be fielded between 2003 and 2008.
       Sec. 8106. (a) Management of Chemical Demilitarization 
     Activities at Bluegrass Army Depot, Kentucky.--If a 
     technology other than the baseline incineration program is 
     selected for the destruction of lethal chemical munitions 
     pursuant to section 142 of the Strom Thurmond National 
     Defense Authorization Act for Fiscal Year 1999 (Public Law 
     105-261; 50 U.S.C. 1521 note), the program manager for the 
     Assembled Chemical Weapons Assessment shall be responsible 
     for management of the construction, operation, and closure, 
     and any contracting relating thereto, of chemical 
     demilitarization activities at Bluegrass Army Depot, 
     Kentucky, including management of the pilot-scale facility 
     phase of the alternative technology.
       (b) Management of Chemical Demilitarization Activities at 
     Pueblo Depot, Colorado.--The program manager for the 
     Assembled Chemical Weapons Assessment shall be responsible 
     for management of the construction, operation, and closure, 
     and any contracting relating thereto, of chemical 
     demilitarization activities at Pueblo Army Depot, Colorado, 
     including management of the pilot-scale facility phase of the 
     alternative technology selected for the destruction of lethal 
     chemical munitions.
       Sec. 8107. In addition to the amounts appropriated or 
     otherwise made available in this Act, $6,500,000, to remain 
     available until September 30, 2004, is hereby appropriated to 
     the Department of Defense: Provided, That the Secretary of 
     Defense shall make grants in the amount of $4,000,000 to the 
     American Red Cross for Armed Forces Emergency Services; and 
     $2,500,000 to the Intrepid Sea-Air-Space Foundation.
       Sec. 8108. None of the funds appropriated in this Act under 
     the heading ``Overseas Contingency Operations Transfer Fund'' 
     may be transferred or obligated for Department of Defense 
     expenses not directly related to the conduct of overseas 
     contingencies: Provided, That the Secretary of Defense shall 
     submit a report no later than 30 days after the end of each 
     fiscal quarter to the Committees on Appropriations of the 
     Senate and House of Representatives that details any transfer 
     of funds from the ``Overseas Contingency Operations Transfer 
     Fund'': Provided further, That the report shall explain any 
     transfer for the maintenance of real property, pay of 
     civilian personnel, base operations support, and weapon, 
     vehicle or equipment maintenance.
       Sec. 8109. For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior fiscal year, and the 1 
     percent limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8110. None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.
       Sec. 8111. Notwithstanding section 2465 of title 10 U.S.C., 
     the Secretary of the Navy may use funds appropriated in title 
     II of this Act under the heading, ``Operation and 
     Maintenance, Navy'', to liquidate the expenses incurred for 
     private security guard services performed at the Naval 
     Support Unit, Saratoga Springs, New York by Burns 
     International Security Services, Albany, New York in the 
     amount of $29,323.35, plus accrued interest, if any.
       Sec. 8112. Of the amounts provided in title II of this Act 
     under the heading, ``Operation and Maintenance, Defense-
     Wide'', $20,000,000 is available for the Regional Defense

[[Page 17151]]

     Counter-terrorism Fellowship Program, to fund the education 
     and training of foreign military officers, ministry of 
     defense civilians, and other foreign security officials, to 
     include United States military officers and civilian 
     officials whose participation directly contributes to the 
     education and training of these foreign students.
       Sec. 8113. (a) Exchange Required.--In exchange for the 
     private property described in subsection (b), the Secretary 
     of the Interior shall convey to the Veterans Home of 
     California--Barstow, Veterans of Foreign Wars Post #385E (in 
     this section referred to as the ``recipient''), all right, 
     title, and interest of the United States in and to a parcel 
     of real property consisting of approximately one acre in the 
     Mojave National Preserve and designated (by section 8137 of 
     the Department of Defense Appropriations Act, 2002 (Public 
     Law 107-117; 115 Stat. 2278)) as a national memorial 
     commemorating United States participation in World War I and 
     honoring the American veterans of that war. Notwithstanding 
     the conveyance of the property under this subsection, the 
     Secretary shall continue to carry out the responsibilities of 
     the Secretary under such section 8137.
       (b) Consideration.--As consideration for the property to be 
     conveyed by the Secretary under subsection (a), Mr. and Mrs. 
     Henry Sandoz of Mountain Pass, California, have agreed to 
     convey to the Secretary a parcel of real property consisting 
     of approximately five acres, identified as parcel APN 569-
     051-44, and located in the west \1/2\ of the northeast \1/4\ 
     of the northwest \1/4\ of the northwest \1/4\ of section 11, 
     township 14 north, range 15 east, San Bernardino base and 
     meridian.
       (c) Equal Value Exchange; Appraisal.--The values of the 
     properties to be exchanged under this section shall be equal 
     or equalized as provided in subsection (d). The value of the 
     properties shall be determined through an appraisal performed 
     by a qualified appraiser in conformance with the Uniform 
     Appraisal Standards for Federal Land Acquisitions (Department 
     of Justice, December 2000).
       (d) Cash Equalization.--Any difference in the value of the 
     properties to be exchanged under this section shall be 
     equalized through the making of a cash equalization payment. 
     The Secretary shall deposit any cash equalization payment 
     received by the Secretary under this subsection in the Land 
     and Water Conservation Fund.
       (e) Reversionary Clause.--The conveyance under subsection 
     (a) shall be subject to the condition that the recipient 
     maintain the conveyed property as a memorial commemorating 
     United States participation in World War I and honoring the 
     American veterans of that war. If the Secretary determines 
     that the conveyed property is no longer being maintained as a 
     war memorial, the property shall revert to the ownership of 
     the United States.
       (f) Boundary Adjustment; Administration of Acquired Land.--
     The boundaries of the Mojave National Preserve shall be 
     adjusted to reflect the land exchange required by this 
     section. The property acquired by the Secretary under this 
     section shall become part of the Mojave National Preserve and 
     be administered in accordance with the laws, rules, and 
     regulations generally applicable to the Mojave National 
     Preserve.
       Sec. 8114. None of the funds appropriated or made available 
     in this Act shall be used to reduce or disestablish the 
     operation of the 53d Weather Reconnaissance Squadron of the 
     Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act.
       Sec. 8115. The Secretary of the Air Force shall convey, 
     without consideration, to the Inland Valley Development 
     Agency all right, title, and interest of the United States in 
     and to certain parcels of real property, including 
     improvements thereon, located in San Bernardino, California, 
     that consist of approximately 39 acres and are leased, as of 
     June 1, 2003, by the Secretary to the Defense Finance and 
     Accounting Service. The conveyance shall be subject to the 
     condition that the Inland Valley Development Agency and the 
     Director of the Defense Finance and Accounting Service enter 
     into a lease-back agreement, acceptable to the Director, for 
     premises required by the Director for support operations 
     conducted by the Defense Finance and Accounting Service.
       Sec. 8116. Notwithstanding the provisions of section 2401 
     of title 10, United States Code, the Secretary of the Navy is 
     authorized to enter into a contract for the charter for a 
     period through fiscal year 2008, of the vessel, RV CORY 
     CHOUEST (United States Official Number 933435) in support of 
     the Surveillance Towed Array Sensor (SURTASS) program: 
     Provided, That funding for this lease shall be from within 
     funds provided in this Act and future appropriations Acts.
       Sec. 8117. In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, and 
     notwithstanding any other provision of law, $20,000,000 is 
     hereby appropriated to ``Operation and Maintenance, Army'', 
     to remain available until September 30, 2004, to be available 
     only for a grant in the amount of $20,000,000 to the Silver 
     Valley Unified School District, Silver Valley, California, 
     for the purpose of school construction at Fort Irwin, 
     California.
       Sec. 8118. Amounts appropriated in title II are hereby 
     reduced by $294,000,000 to reflect savings attributable to 
     efficiencies and management improvements in the funding of 
     miscellaneous or other contracts in the military departments, 
     as follows:
       (1) From ``Operation and Maintenance, Army,'' $27,000,000;
       (2) From ``Operation and Maintenance, Navy,'' $50,000,000; 
     and
       (3) From ``Operation and Maintenance, Air Force'', 
     $217,000,000.
       Sec. 8119. The amount appropriated in title II for 
     ``Operation and Maintenance, Air Force'' is hereby reduced by 
     $600,000,000 to reflect cash balance and rate stabilization 
     adjustments in the Department of Defense Transportation 
     Working Capital Fund.


                              (rescission)

       Sec. 8120. Of the funds made available in chapter 3 of 
     title I of the Emergency Wartime Supplemental Appropriations 
     Act, 2003 (Public Law 108-11), under the heading ``Iraq 
     Freedom Fund'' (117 Stat. 563), $2,000,000,000 is hereby 
     rescinded.
       Sec. 8121. Of the total amount appropriated by this Act 
     under the heading ``Operation and Maintenance, Defense-Wide'' 
     to provide assistance to local educational agencies for 
     children of members of the Armed Forces and Department of 
     Defense civilian employees with severe disabilities, the 
     Secretary of Defense may use up to $855,566 to make 
     additional payment under section 363 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (20 
     U.S.C. 7703(a)) to those local educational agencies whose 
     percentage reduction in the payment amount for fiscal year 
     2002 was in excess of the reduction otherwise imposed under 
     subsection (d) of such section for that fiscal year. The 
     Secretary of Defense may waive collection of any overpayment 
     made to local educational agencies under such section for 
     fiscal year 2002.


                     (including transfer of funds)

       Sec. 8122. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 8123. None of the funds appropriated or otherwise made 
     available by this Act may be used to implement any amendment 
     or revision of, or cancel, the Department of Defense 
     Directive 1344.7, ``Personal Commercial Solicitation on DoD 
     Installations'', until 90 days following the date the 
     Secretary of Defense submits to Congress notice of the 
     amendment, revision or cancellation, and the reasons 
     therefore.
       Sec. 8124. Limitation on Deployment of Terrorism 
     Information Awareness Program.--
       (1) Notwithstanding any other provision of law and except 
     as provided in paragraph (2), if and when research and 
     development on the Terrorism Information Awareness program 
     (formerly known as the Total Information Awareness program), 
     or any component of such program, permits the deployment or 
     implementation of such program or component, no department, 
     agency, or element of the Federal Government may deploy or 
     implement such program or component, or transfer such program 
     or component to another department, agency, or element of the 
     Federal Government, until the Secretary of Defense--
       (A) notifies Congress of that development, including a 
     specific and detailed description of--
       (i) each element or component of such program intended to 
     be deployed or implemented; and
       (ii) the method and scope of the intended deployment or 
     implementation of such program or component (including the 
     data or information to be accessed or used); and
       (B) has received specific authorization by law from 
     Congress for the deployment or implementation of such program 
     or component, including--
       (i) a specific authorization by law for the deployment or 
     implementation of such program or component; and
       (ii) a specific appropriation by law of funds for the 
     deployment or implementation of such program or component.
       (2) The limitation in paragraph (1) shall not apply with 
     respect to the deployment or implementation of the Terrorism 
     Information Awareness program, or a component of such 
     program, in support of the following:
       (A) Lawful military operations of the United States 
     conducted outside the United States.
       (B) Lawful foreign intelligence activities conducted wholly 
     overseas, or wholly against non-United States citizens.
       Sec. 8125. (a) Closure of Naval Station Roosevelt Roads, 
     Puerto Rico.--Notwithstanding any other provision of law, the 
     Secretary of the Navy shall close Naval Station Roosevelt 
     Roads, Puerto Rico, no later than six months after enactment 
     of this Act.
       (b) Disposal.--
       (1) The Secretary of the Navy shall exercise the authority 
     granted to the Administrator of the General Services pursuant 
     to section 545 of title 40 and dispose of the real property 
     and associated personal property at the former Naval Station 
     by public sale.

[[Page 17152]]

       (2) The Secretary of the Navy may transfer excess personal 
     property or dispose of surplus personal property located at 
     the installation pursuant to the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 521 et seq.).
       (c) The Secretary of the Navy may use funds in the 
     Department of Defense Base Closure Account established by 
     section 2906 of the Defense Base Closure and Realignment Act 
     of 1990, Public Law 101-510 to implement the closure.
       (d) There shall be deposited into the Account referred to 
     in subsection (c) the proceeds of sale from the disposal of 
     property authorized by subsection (b) for the benefit of the 
     Department of the Navy.

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

                              {time}  1215

  Mr. Chairman, let me confirm that I think this bill will be supported 
broadly on both sides of the aisle, and I would simply like to bring 
three matters to the attention of the House.
  First of all, I really do believe that this institution is going to 
have to take a look at the number of commitments that we have worldwide 
and compare that to the strain that we have on the available troops for 
use under these many commitments. I think anyone who looks at the 
situation will understand that we are dangerously close to having an 
overextended military; and I think we ought to ask ourselves honestly 
if we are going to engage in these many commitments around the world, 
do we need to have a larger Army. In my view if we are, then we do. If 
we do not intend to enlarge the Army, then I think we must be much more 
aggressive in asking our allies to help us deal with some of the 
peacekeeping functions that we face, for instance, in Iraq.
  Secondly, I do have some misgivings about the funding levels for SDI 
in the bill.
  Thirdly, I want to talk about something that I think is more 
important than any of those considerations. This Subcommittee of 
Defense is perhaps the most bipartisan of all appropriations 
subcommittees, and the Committee on Appropriations is probably the most 
bipartisan committee in the House; and it is in that spirit that I 
raise a matter that I think every Member should be aware of because of 
its deadly importance. It involves intelligence, specifically the 
intelligence gathering and analysis used in support of Operation Iraqi 
Freedom.
  What I am going to say is based on published reports purportedly 
based on interviews with intelligence officials and military officers. 
Neither I, nor I suspect anyone in the House of Representatives, knows 
the extent to which these reports are accurate so there is no 
possibility of disclosing classified material. We have had the staff of 
the committee look at the allegations on a bipartisan basis, and I 
think it is fair to say, while they do not have enough information to 
reach specific conclusions, they do find much of what has been said in 
these stories to be credible.
  In addition to the CIA, which is an independent agency, there are 
four major intelligence organizations inside the Department of Defense. 
All of these entities are funded in this bill. The press stories I am 
referring to, and I would be glad to provide copies of them to any 
Member who is interested, those stories argue that a group of civilian 
employees in the Office of the Secretary of Defense, all of whom are 
political employees, have long been dissatisfied with the information 
produced by the established intelligence agencies both inside and 
outside the Department. That was particularly true, apparently, with 
respect to the situation in Iraq.
  As a result, it is reported that they established a special operation 
within the Office of the Secretary of Defense, which was named the 
Office of Special Plans. That office was charged with collecting, 
vetting, and disseminating intelligence completely outside the normal 
intelligence apparatus. In fact, it appears that the information 
collected by this office was in some instances not even shared with the 
established intelligence agencies and in numerous instances was passed 
on to the National Security Council and the President without having 
been vetted with anyone other than OSD political appointees.
  It is further alleged that the purpose of this operation was not only 
to produce intelligence more in keeping with the preheld views of those 
individuals, but to intimidate analysts in the established intelligence 
organizations to produce information that was more supportive of policy 
decisions which they had already decided to propose. There is 
considerable discussion regarding the intelligence relating to weapons 
of mass destruction.
  I think it would be unfortunate if this issue were subsumed by the 
question of whether or not Saddam Hussein had such weapons. First of 
all, we do not know at this point. My personal suspicion has always 
been that he did. Secondly, measuring the quality of our intelligence 
apparatus requires more than determining whether the reporting was 
right or wrong on any single issue. Is what was reported consistent 
with the best information that was available? Did we reach the right 
conclusion based on good information or by happenstance?
  These allegations, however, go well beyond the issue of WMDs. It 
appears that the individuals in question also challenged the consensus 
within the intelligence community on the number of troops that would be 
required for a successful invasion. The political appointees within the 
Office of the Secretary maintained regular contact with sources within 
the Iraqi National Congress, who in turn maintained contact with 
sources inside of Iraq.
  The CHAIRMAN. The time of the gentleman from Wisconsin (Mr. Obey) has 
expired.
  (By unanimous consent, Mr. Obey was allowed to proceed for 3 
additional minutes.)
  Mr. OBEY. Mr. Chairman, based on information transmitted by these 
sources, the political appointees argued that the conclusions of the 
intelligence community, the Joint Chiefs, and in particular General 
Shinseki, were in error and the invasion could be successfully carried 
out with fewer than 50,000 troops.
  While the chiefs in the end got most of the troops that they 
requested, it appears that the invasion was both lighter than they 
would have desired and lighter than what was required. The inability to 
fully protect supply lines did in fact result in the loss of life. The 
shortage of available personnel did leave certain critical sites such 
as nuclear facilities unprotected.
  We all know this is incredibly serious business. It is important not 
only to understand what we did or did not do with respect to Iraq, but 
it is far more important in terms of what we will do in the future. How 
will the information that the President and the Congress receive on our 
options in Korea be put together, for instance? Will the long-
established collection mechanisms, evaluation and dissemination be 
used, or will we again fall back on the ad hoc efforts of this self-
appointed group of experts?
  It is important to note that these same individuals have established 
a new office with an Under Secretary of Defense for Intelligence. This 
office will have more than 100 people, and it is widely believed in the 
intelligence community that the office is being created for the express 
purpose of pressuring analysts to produce information more supportive 
of predetermined policy. I do not know if that is true or not, but the 
question remains, Will this office stand between our war fighters and 
the information they need? Why did they require this small group of 
civilians to employ this kind of a role? Will the Under Secretary 
compete with the Director of Central Intelligence in the coordination 
of these agencies? All I can say is that we are paying for all of this. 
We ought to have the answers.
  I would like to ask Members to remember that there was a reason the 
National Security Act of 1946 placed all intelligence activities under 
the control of one man, the Director of Central Intelligence. General 
Hoyt Vandenberg, who himself served as the DCI, explained that decision 
in testimony before Congress. He said, ``The joint congressional 
committee to investigate the Pearl Harbor attack found failures that 
went to the very structure of our

[[Page 17153]]

intelligence organizations, a failure to coordinate the collection and 
dissemination of intelligence, and the failure to centralize 
intelligence functions of common concern to more than one department of 
the government which could more efficiently be performed centrally.'' I 
think we need to remember those words, and I think the Congress needs 
to dig and dig hard to get to the bottom of this.
  I do not, frankly, know what the right structure for gathering and 
dissemination of intelligence information ought to be, but I am very 
leery of the fact that we have a new operation which can deal with 
information without clearing it with anyone else. The reason the system 
has served us so well over the past years is because all information 
has been vetted with other people who are supposed to know the most 
about it. I think it is dangerous when we get away from that practice.


              Amendment Offered by Mr. Lewis of California

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

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

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


                  Amendment Offered by Mr. Blumenauer

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

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

  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on 
the amendment.
  The CHAIRMAN. A point of order is reserved on the amendment.
  Mr. BLUMENAUER. Mr. Chairman, I come today with deep respect for the 
hard work that this subcommittee has done. I think it may be the 
toughest subcommittee in the House given the amazing pressures in terms 
of the military requirements of our country during a difficult time. 
This is a difficult budget, and there are crosscurrents that I cannot 
even imagine, but I get a little hint as I look from a distance.
  My special interest has been in an area dealing with unexploded 
ordnance, being able to protect people at home and abroad from the 
consequences of everything from landmines to training munitions that 
are unexploded. This has been an area that I have been deeply troubled 
with. It is an area that around the country there are potentially 
millions of acres in the United States that are so affected; and when 
we look at what has happened overseas, whether it is in the war in 
Southeast Asia and Vietnam, Afghanistan, what is going on right now in 
Iraq, and we just had a boy back home die this week in my community as 
a result of efforts trying to clear landmines.
  Around the world, over 300 million landmines have been built, and 75 
million that have been placed remain undetonated.
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. BLUMENAUER. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, the gentleman from California (Mr. Lewis) 
and I have both talked to the gentleman about this issue. We understand 
the seriousness of it, and the importance to both the gentleman and to 
the country; and we are certainly going to work with the gentleman in 
trying to increase the amount of money in the unexploded ordnance area. 
We think it is a very important area, and we feel very strongly that 
the gentleman is right about it. We do not agree with the amendment, 
and we hope it will be withdrawn; but we do think money needs to be 
increased in that area.
  Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
  Mr. BLUMENAUER. I yield to the gentleman from California.
  Mr. LEWIS of California. Mr. Chairman, echoing the words of the 
gentleman from Pennsylvania (Mr. Murtha), I withdraw my point of order.
  The CHAIRMAN. The point of order is withdrawn.
  Mr. BLUMENAUER. Mr. Chairman, reclaiming my time, I am deeply 
appreciative of the spirit of cooperation from the chairman and ranking 
member and willingness to work with us. We had made a request initially 
of $20 million before the subcommittee. Frankly, as I watched what 
moved through the process, I thought we had identified an area with the 
new generation of ballistic missile defense interceptor, additional 
research that frankly would be a higher priority. But given the strong 
encouragement to work with the subcommittee and their willingness to 
work with us, I look forward to working with them to make sure that at 
least the $20 million is there to protect Americans at home and abroad. 
Candidly, Mr. Chairman, it is not just going to save our fighting men 
and women. I would just conclude on the notion that every single day 
civilians, including a sad number of children, are killed and maimed as 
a result of landmines and unexploded munitions. This investment will 
reap dividends for generations to come. I deeply appreciate the 
cooperation of the subcommittee.
  Mr. Chairman, I ask unanimous consent to withdraw the amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Oregon?
  There was no objection.
  Mr. KUCINICH. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise in strong opposition to this bill. In one quick 
hour of debate, Congress will spend $368 billion on the military. 
Amazingly, this massive sum does not fund our troops in Iraq or 
Afghanistan. If we want to use our Armed Forces, the taxpayers will 
have to use extra. We all know that the President will be back asking 
for more billions of more taxpayer dollars for these operations.
  This bill funds the wrong defense priorities that will do little to 
provide for a more secure America. It will fund weapons systems that we 
all know will not work and will be subject to spiraling upward costs; 
and yet we cannot fully fund education needs at home. The only needs 
this Congress will take care of today are the profit-gouging defense 
contractors. Perhaps we should rename this bill the Lockheed-Martin, 
Northrop Grumman, United Defense, Raytheon, Boeing and General Dynamics 
Welfare Act of 2003.
  Unlike the Republican majority, I do not believe we should heavily 
deficit spend to further enrich defense contractors. We can heavily 
invest in education and reduce the deficit by cutting national missile 
defense, the F-22

[[Page 17154]]

fighter plane, the V-22 Osprey, space-based weapons and other 
unnecessary and wasteful programs.

                              {time}  1230

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


                    Amendment Offered by Mr. DeFazio

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

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

  Mr. DeFAZIO (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Oregon?
  There was no objection.
  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on 
the amendment.
  Mr. DeFAZIO. Mr. Chairman, this is an amendment to close a gap that I 
see in the vital needs of the American people. The gentleman from 
Pennsylvania, as the father of the Civil Support Weapons of Mass 
Destruction Team, knows well that the National Guard is a unique 
repository of expertise with capabilities of response to weapons of 
mass destruction, chemical, biological, or radiological events, events 
that are far beyond the capabilities of most civilian units even in our 
major cities. They certainly exceed the capabilities that our States 
have to fund and train such teams at this point in time; yet we would 
all admit that a very real threat exists, and we are spending a 
tremendous amount of time around the world attempting to prevent such 
attacks on our country. But if the worst should happen, we are going to 
need these teams, and we are going to need more than we have. The 
Congress has authorized 55, but at this point, as I understand it, 27 
are fully operational, and another 5 are in training, and yet there are 
23 that have not yet received funding.
  My intention with this amendment was to push the Congress to make a 
difficult choice between a weapons system and these teams. We have to 
make difficult choices around here in the hopes that we can move 
forward.
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. DeFAZIO. I yield to the gentleman from Oregon.
  Mr. MURTHA. Mr. Chairman, the gentleman talked to me, and I have 
talked to the chairman, and we are certainly going to work something 
out. We were disappointed we did not have more requests for more teams. 
As a matter of fact, as the gentleman mentioned, we started this 12 to 
13 years. The National Guard fought it initially, but now they see the 
importance. We think every State should have these, and we hope we can 
work out four or five more times in this legislation.
  Mr. DeFAZIO. Mr. Chairman, I thank the gentleman and the chairman, 
too, because I think they both recognize a critical need. I know there 
are difficult choices to be made, and I am very hopeful that we will 
come back from conference with the Senate with the additional teams 
funded, and I think that that would be a tremendous asset to the 
protection of the American people.
  Mr. Chairman, I ask unanimous consent to withdraw the amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Oregon?
  There was no objection.


                 Amendment Offered by Mr. Acevedo-Vila

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

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


[[Page 17155]]

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


                                      House of Representatives

                                    Washington, DC, June 23, 2003.
     Mrs. Connie Patrick,
     Director, Federal Law Enforcement Training Center, FLETC 
         Glynco Facility, Glynco, GA.
       Dear Director Patrick: I recently became aware of reports 
     on the effects of increased federal law enforcement training 
     needs. As was noted in Roll Call on June 2, 2003, Department 
     of Homeland Security law enforcement training needs have 
     increased and as a result, other agencies such as the U.S. 
     Capitol Police, may be required to conduct training a federal 
     facilities other than the Federal Law Enforcement Training 
     Center in Glynco, GA. Rather than address this issue on an 
     agency-by-agency basis, I believe that such trends indicate a 
     new FLETC training facilities.
       The FLETC facilities at Charleston, SC and Cheltenham, MD 
     are located at former military sites. Such a transfer of 
     government property from one agency to another serves 
     valuable purposes, such as the elimination of land 
     acquisition and plant construction costs and maintaining 
     benefits to the local economy. For these reasons, I encourage 
     you to consider the possibility of locating any future FLETC 
     facilities at Naval Station Roosevelt Roads (NSRR), Puerto 
     Rico.
       NSRR is currently home to Atlantic Fleet Weapons Training 
     Facility, however, many of the military commands located at 
     NSRR are being downsized, relocated, or eliminated with the 
     recent closure of the Vieques training range. Such ongoing 
     changes will lead to excess buildings, land and other 
     infrastructure. Located a short distance from San Juan, 
     NSRR's assets include numerous buildings, dormitories and 
     classrooms, a modern aviation runway, marine berthing 
     facilities, firing ranges, communication facilities, among 
     others. It is my belief that these plant assets, coupled with 
     the downsizing of NSRR, could enable FLETC to make high use 
     of this facility for federal law enforcement training. 
     Further, NSRR could also be a suitable facility for the 
     training of international law enforcement personnel, 
     particularly those form the Caribbean and Latin America.
       I would appreciate the opportunity to meet and discuss with 
     you FLETC's future needs and the opportunities that NSRR may 
     afford our nation's future law enforcement officers. Please 
     contact me to determine a time that I could meet with you or 
     an associate of yours to discuss these issues.
           Sincerely,

                               Anibal Acevedo-Vila

                                            Resident Commissioner,
     Member of Congress.
                                  ____



                                     House of Representatives,

                                   Washington, DC, March 27, 2003.
     Hon. Joe Knollenberg,
     Subcommittee on Military Construction, Rayburn House Office 
         Building, Washington, DC.
       Dear Chairman Knollenberg: During consideration of Military 
     Construction Appropriations for fiscal year 2004, I 
     respectfully request that the Subcommittee include language 
     that calls for a thorough evaluation of the military 
     facilities in Puerto Rico, including facilities at Naval 
     Station Roosevelt Roads (NSRR). This evaluation should 
     include what excess infrastructure currently

[[Page 17156]]

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

                                          Anibal Acevedo-Vila,

                                            Resident Commissioner,
     Member of Congress.
                                  ____



                                     House of Representatives,

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

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


                   Amendment Offered by Ms. Bordallo

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

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

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

                              {time}  1245

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


                    Amendment Offered by Mr. Inslee

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

       Amendment offered by Mr. Inslee:
       At the end of the bill (before the short title), insert the 
     following:
       Sec.     . None of the funds made available in this Act may 
     be used to suspend, modify, or waive any provision of law 
     under chapter 43, 71, 75, or 77 of title 5, United States 
     Code, or any regulations promulgated under those provisions 
     of law.
  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order 
against the amendment.
  The CHAIRMAN. The gentleman reserves a point of order.
  Mr. INSLEE. Mr. Chairman, our amendment would ensure that no funds 
would be used essentially to alter our existing civilian personnel 
system for the proud men and women who are civilian employees of our 
defense system.
  This basically is a response to the work we are now doing in an 
attempt

[[Page 17157]]

to find a reasonable and protective reform package that originally left 
the House as H.R. 1588. We are concerned that the language of that 
bill, if in fact it would be implemented, would substantially degrade 
our protections of our civilian employees who are doing workman-like 
work.
  Basically, we had concerns about that bill because it was overly 
broad and was really a rushed approach to civilian systems, but we are 
also troubled by a lack of explicit protections for fundamental worker 
rights. Currently, the bill has a lack of protection for true 
collective bargaining, a lack of a real right of fair appeals, a lack 
of adequate overtime and weekend compensation, preference for veterans 
and equal pay for equal work.
  Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
  Mr. INSLEE. I yield to the gentleman from California.
  Mr. LEWIS of California. Mr. Chairman, I appreciate the gentleman's 
yielding.
  Let me mention that the gentleman and I have had a chance to discuss 
this, and I am aware of his concerns. The gentleman and I have very 
similar concerns in this arena.
  Frankly, I would hope that, if the gentleman withdraw this amendment, 
we will have a chance to discuss it further and try to provide the kind 
of flexibility we need to give him the assurance and employees the 
assurance they need so we can go forward in a positive way.
  Mr. INSLEE. Mr. Chairman, reclaiming my time, I appreciate those 
comments, and will look forward to working with the gentleman, because 
we do not obviously want to go back to those bad old days of nepotism 
and poor performance and political selection. I look forward to working 
with the gentleman to get an honest, reasonable bill.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Washington?
  There was no objection.


                  Amendment Offered by Mr. Hostettler

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

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

  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order 
against the amendment.
  The CHAIRMAN. The gentleman reserves a point of order.
  Mr. HOSTETTLER. Mr. Chairman, I rise today to offer an amendment to 
the FY 2004 Defense Appropriations Act that would prohibit any funds in 
this act from being used to carry out activities in 2004 related to the 
next round of Base Realignment and Closure, or BRAC, currently 
authorized to take place in 2005.
  The purpose is to put a hold on the implementation of BRAC-related 
activities until Congress and the Department of Defense can get a 
better handle on the expected savings, anticipated force structure and 
infrastructure changes, and the actual need for additional closures.
  As many of my colleagues know, in 2001, the Defense Department 
testified to Congress that it has 20 to 25 percent excess physical 
capacity that must be eliminated, so the President's fiscal 2002 budget 
proposal to Congress requested authorization to carry out another round 
of base closures.
  As part of the FY 2002 Defense Authorization Act, the Senate 
authorized a BRAC round to take place in 2005. The House specifically 
refused to include any such BRAC authorization in its version of the 
bill, but this body did agree to the Senate's BRAC provision when it 
passed the conference report to the FY 2002 authorization bill.
  To date, we have gone through four different rounds of military base 
closure process, in 1989, 1991, 1993, and 1995. Through these rounds, 
we saw the BRAC commission's result in the closing of over 450 military 
installations of various size, mission and stature in the United 
States.
  Nearly everyone currently involved in this process agrees that all 
the low-hanging fruit have already been picked. Yet the current 
administration succeeded in enacting another round for 2005 following 
the horrific events of September 11, 2001. On December 28, 2001, just a 
little more than 3 months after those deadly attacks, and 3 days after 
Christmas, the President signed into law the FY 2002 defense 
authorization bill, which included the BRAC authorization provision at 
his request.
  The administration seems to sincerely believe there is a 20 to 25 
percent excess military infrastructure, and the administration has a 
laudable goal of finding additional savings in the defense budget to 
free up funds for procurement and new weapons systems.
  Specifically, the Department of Defense claims that it could save as 
much as $6.6 billion per year with an additional round of base 
closures. But there are many reasons to question both the Department's 
rationale and its estimates.
  First, this Congress deserves to know the details about the suggested 
excess capacity. Is it 20 percent? 25 percent? 23 percent? The 5 
percent difference is not insignificant, particularly when you are 
talking about the hundreds of U.S. military bases. And where is that 
excess capacity exactly?
  Furthermore, DOD estimates that it eliminated 71,000 Federal civilian 
jobs and 39,800 military positions in the past four BRAC rounds. 
Unfortunately, no one could give me an estimate of how many of those 
jobs were transferred to private contractors still paid through DOD 
contracts. Eliminating military positions, only to replace them with 
private contractors, raises doubts about any potential savings.
  Regarding the estimated savings from additional base closures, I must 
advise the House of an April 2002 Government Accounting Office, GAO, 
report that indicates the previous four base closure rounds have 
produced a net savings of $16.7 billion through FY 2001. GAO, however, 
admits that these are the Defense Department's numbers and that they 
could not be independently verified because DOD's accounting systems 
are not oriented to identifying and tracking savings.
  GAO further noted that the estimates do not include a cumulative $1.5 
billion cost incurred by the Federal Government to assist communities 
affected by the closure process or $3.5 billion in environmental costs 
expected beyond FY 2001. Because the BRAC savings estimates cannot be 
supported by real data, the GAO report had to affirm the DOD numbers, 
while characterizing the savings as ``imprecise and rough 
approximations.''
  The Members of this body need to understand that when Defense 
Department officials talk about so-called savings from a BRAC round, 
they are not talking about real cost savings. Most of the so-called 
cost savings are actually cost avoidances.
  DOD also claims that it needs savings from BRAC to fund new weapons 
systems in support of the military transformation. However, the first 
few years of a BRAC round requires hundreds of millions of dollars in 
upfront investments costs. This includes upfront costs for new military 
construction, for relocated troops and families, new MILCON dollars for 
realigned missions, new money for environmental restoration and base 
conveyance procedures.
  To complicate the problem, DOD still does not have solid data on 
costs of environmental clean up. Our current information indicates that 
environmental clean-up costs have exceeded $10 billion, and the 
estimated environmental costs beyond 2001 rose from $2.4 billion in 
1999 to $3.5 billion as stated in last year's GAO report on purported 
BRAC savings.
  Deputy Under Secretary of Defense for Installations and Environment, 
Ray DuBois, summed it up well when he told the DOD Roundtable in 
December 2002 the following: ``The excess capacity statistic, which the 
Secretary and others, including myself, have referred to, is based on a 
1998 capacity utilization study. It is true that there is excess 
capacity in some range of 20 to 25

[[Page 17158]]

percent, but that is a clumsy number insofar as it is an aggregate 
number.''
  He goes on to say: ``Remember that BRAC is not inexpensive. BRAC will 
probably end up costing the Department of Defense, over a 4- to 6-year 
period, depending upon how large the BRAC is, depending upon how much 
capacity you are reducing, and by definition, how much you are 
realigning it, it could cost 10 to $20 billion over that period of 
time.''
  Mr. Chairman, I ask for my colleagues to support the amendment to 
limit the funding for BRAC in this appropriations bill.
  Mr. LEWIS of California. Mr. Chairman, I rise to very briefly oppose 
this amendment.
  Mr. Chairman, this is appropriately an item that should be a part of 
the authorization process. It is my understanding at the subcommittee 
level there was support for this proposal and there was a decision at 
the full committee to turn that around, and the authorizing committee 
has spoken in terms of this question.
  It is, in my judgment, poor policy on the part of the Committee on 
Appropriations, going through the back door by limiting appropriations 
to essentially undo what is the policy in the existing law, a policy 
which has not been changed by the authorizing committee.
  Mr. DICKS. Mr. Chairman, will the gentleman yield?
  Mr. LEWIS of California. I yield to the gentleman from Washington.
  The CHAIRMAN. Does the gentleman from California still reserve his 
point of order?
  Mr. LEWIS of California. Mr. Chairman, I withdraw my point of order.
  Mr. DICKS. Mr. Chairman, I thank the gentleman for yielding.
  Mr. Chairman, it is true that it does cost a substantial amount of 
money in the first few years; but there is no question that, long-term, 
billions and billions of dollars have been saved because of the BRACs 
we have had in the past. So I think we should move forward on this, and 
it would be wrong to do it in this bill. It would be an authorization 
matter. I think it is a mistake, and I support the chairman in his 
opposition to the amendment.
  Mr. LEWIS of California. Mr. Chairman, reclaiming my time, I very 
strongly oppose the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Indiana (Mr. Hostettler).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. HOSTETTLER. Mr. Chairman, I demand a recorded vote; and pending 
that, I make the point of order that a quorum is not present.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Indiana (Mr. Hostettler) 
will be postponed.
  The point of no quorum is considered withdrawn.
  Mr. CARDIN. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I had intended to offer an amendment that would have 
restated the policy of our country against the use of torture. The 
reason that I was going to offer that amendment is that I do represent 
this body in the Commission on Security and Cooperation in Europe; and 
in many of our meetings, the issue of the use of torture has been 
raised, particularly in light of our war against terrorism. I might 
tell you there have also been press accounts recently that call into 
question the use of torture in regards to the campaign against 
terrorism.
  However, Mr. Chairman, I think the President of the United States, 
along with the representatives from the State Department and Defense 
Department, have made it very clear on the U.S. policy in this regard.

                              {time}  1300

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

                          ____________________