    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 1054

    Public Law 108-87
    108th Congress

    An Act

    Making appropriations for the Department of Defense for the fiscal year
    ending September 30, 2004, and for other purposes. [NOTE: Sept. 30,
    2003 -  [H.R. 2658]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, [NOTE: Department of
    Defense Appropriations Act, 2004.] 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,
    $28,247,667,000.

    Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty 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,
    $23,217,298,000.

    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Marine Corps on active duty (except

    [[Page 1055]]
    117 STAT. 1055

    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,
    $8,971,897,000.

    Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Air Force on active duty (except members of reserve components
    provided for elsewhere), cadets, and aviation cadets; and for payments
    pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402
    note), and to the Department of Defense Military Retirement Fund,
    $22,910,868,000.

    Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Army Reserve on active duty under
    sections 10211, 10302, and 3038 of title 10, United States Code, or
    while serving on active duty under section 12301(d) of title 10, United
    States Code, in connection with performing duty specified in section
    12310(a) of title 10, United States Code, or while undergoing reserve
    training, or while performing drills or equivalent duty or other duty,
    and for members of the Reserve Officers' Training Corps, and expenses
    authorized by section 16131 of title 10, United States Code; and for
    payments to the Department of Defense Military Retirement Fund,
    $3,568,725,000.

    Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Navy Reserve on active duty under
    section 10211 of title 10, United States Code, or while serving on
    active duty under section 12301(d) of title 10, United States Code, in
    connection with performing duty specified in section 12310(a) of title
    10, United States Code, or while undergoing reserve training, or while
    performing drills or equivalent duty, and for members of the Reserve
    Officers' Training Corps, and expenses authorized by section 16131 of
    title 10, United States Code; and for payments to the Department of
    Defense Military Retirement Fund, $2,002,727,000.

    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Marine Corps Reserve on active
    duty under section 10211 of title 10, United States Code, or while
    serving on active duty under section 12301(d) of title 10, United States
    Code, in connection with performing duty specified in section 12310(a)
    of title 10, United States Code, or while 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.

    [[Page 1056]]
    117 STAT. 1056

    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,
    $1,288,088,000.

    National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Army National Guard while on duty
    under section 10211, 10302, or 12402 of title 10 or section 708 of title
    32, United States Code, or while serving on duty under section 12301(d)
    of title 10 or section 502(f) of title 32, United States Code, in
    connection with performing duty specified in section 12310(a) of title
    10, United States Code, or while undergoing training, or while
    performing drills or equivalent duty or other duty, and expenses
    authorized by section 16131 of title 10, United States Code; and for
    payments to the Department of Defense Military Retirement Fund,
    $5,500,369,000.

    National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Air National Guard on duty under
    section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
    United States Code, or while serving on duty under section 12301(d) of
    title 10 or section 502(f) of title 32, United States Code, in
    connection with performing duty specified in section 12310(a) of title
    10, United States Code, or while 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,
    $2,174,598,000.

    TITLE II

    OPERATION AND MAINTENANCE

    Operation and Maintenance, Army

    (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Army, as authorized by law; and not to
    exceed $11,034,000 can be used for emergencies and extraordinary
    expenses, to be expended on the approval or authority of the Secretary
    of the Army, and payments may be made on his certificate of necessity
    for confidential military purposes, $25,029,346,000: Provided, That of
    the funds appropriated in this

    [[Page 1057]]
    117 STAT. 1057

    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,
    $28,146,658,000.

    Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Marine Corps, as authorized by law,
    $3,440,323,000.

    Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Air Force, as authorized by law; and
    not to exceed $7,801,000 can be used for emergencies and extraordinary
    expenses, to be expended on the approval or authority of the Secretary
    of the Air Force, and payments may be made on his certificate of
    necessity for confidential military purposes, $26,904,731,000: Provided,
    That notwithstanding any other 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,
    $16,226,841,000, of which not to exceed $30,000,000 may be available for
    the CINC initiative fund; and of which not to exceed $40,000,000 can be
    used for emergencies and 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

    [[Page 1058]]
    117 STAT. 1058

    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, $1,998,609,000.

    Operation and Maintenance, Navy Reserve

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

    Operation and Maintenance, Marine Corps Reserve

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

    Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Air Force Reserve; repair of facilities and
    equipment; hire of passenger motor vehicles; travel and transportation;
    care of the dead; recruiting; procurement of services, supplies, and
    equipment; and communications, $2,179,388,000.

    Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army
    National Guard, including medical and hospital treatment and related
    expenses in non-Federal hospitals; maintenance, operation, and repairs
    to structures and facilities; hire of passenger

    [[Page 1059]]
    117 STAT. 1059

    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),
    $4,340,581,000.

    Operation and Maintenance, Air National Guard

    For operation and maintenance of the Air National Guard, including
    medical and hospital treatment and related expenses in non-Federal
    hospitals; maintenance, operation, repair, and other necessary expenses
    of facilities for the training and administration of the Air National
    Guard, including repair of facilities, 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, $4,431,216,000.

    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 a determination that all or
    part of the funds transferred from this appropriation are not necessary
    for the purposes provided herein, such amounts may be transferred back
    to this appropriation: Provided further, That the transfer authority
    provided in this paragraph is in addition to any other transfer
    authority contained elsewhere in this Act.

    United States 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.

    [[Page 1060]]
    117 STAT. 1060

    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.

    [[Page 1061]]
    117 STAT. 1061

    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, $284,619,000, to remain available
    until transferred: Provided, That the Secretary of the Army shall, upon
    determining that such funds are required for environmental restoration,
    reduction and recycling of hazardous waste, removal of unsafe buildings
    and debris at sites formerly used by the Department of Defense, transfer
    the funds made available by this appropriation to other appropriations
    made available to the Department of the Army, to be merged with and to
    be available for the same purposes and for the same time period as the
    appropriations to which transferred: Provided further, That upon a
    determination that all or part of the funds transferred from this
    appropriation are not necessary for the purposes provided herein, such
    amounts may be transferred back to this appropriation.

    Overseas Humanitarian, Disaster, and Civic Aid

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

    Former Soviet Union Threat Reduction

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

    [[Page 1062]]
    117 STAT. 1062

    dismantling and disposal of nuclear submarines, submarine reactor
    components, and warheads in the Russian Far East.

    TITLE III

    PROCUREMENT

    Aircraft Procurement, Army

    For construction, procurement, production, modification, and
    modernization of aircraft, equipment, including ordnance, ground
    handling equipment, spare parts, and accessories therefor; specialized
    equipment and training devices; expansion of public and private plants,
    including the land necessary therefor, for the foregoing purposes, and
    such lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $2,154,035,000, to remain available for obligation until
    September 30, 2006.

    Missile Procurement, Army

    For construction, procurement, production, modification, and
    modernization of missiles, equipment, including ordnance, ground
    handling equipment, spare parts, and accessories therefor; 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, $1,505,462,000, to remain available for obligation until
    September 30, 2006.

    Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of
    weapons and tracked combat vehicles, equipment, including 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, $1,857,054,000, to
    remain available for obligation until September 30, 2006: Provided, That
    of the funds made available under this heading, $35,000,000 shall be
    available only for advance procurement items for the fifth and sixth
    Stryker Brigade Combat Teams.

    [[Page 1063]]
    117 STAT. 1063

    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and training
    devices; expansion of public and private plants, including ammunition
    facilities authorized by section 2854 of title 10, United States Code,
    and the land necessary therefor, for the foregoing purposes, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $1,387,759,000, to remain available for obligation until
    September 30, 2006.

    Other Procurement, Army

    For construction, procurement, production, and modification of
    vehicles, including tactical, support, and non-tracked combat vehicles;
    the purchase of passenger motor vehicles for replacement only; and the
    purchase of 4 vehicles required for physical security of personnel,
    notwithstanding price limitations applicable to 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, $4,774,452,000, to remain
    available for obligation until September 30, 2006.

    Aircraft Procurement, Navy

    For construction, procurement, production, modification, and
    modernization of aircraft, equipment, including ordnance, spare parts,
    and accessories therefor; specialized equipment; expansion of public and
    private plants, including the land necessary therefor, and such lands
    and interests therein, may be acquired, and construction prosecuted
    thereon prior to approval of title; and procurement and installation of
    equipment, appliances, and machine tools in public and private plants;
    reserve plant and Government and contractor-owned equipment layaway,
    $9,110,848,000, to remain available for obligation until September 30,
    2006.

    Weapons Procurement, Navy

    For construction, procurement, production, modification, and
    modernization of missiles, torpedoes, other weapons, and related support
    equipment including spare parts, and accessories therefor; expansion of
    public and private plants, including the land necessary therefor, and
    such lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and

    [[Page 1064]]
    117 STAT. 1064

    machine tools in public and private plants; reserve plant and Government
    and contractor-owned equipment layaway, $2,095,784,000, to remain
    available for obligation until September 30, 2006.

    Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and training
    devices; expansion of public and private plants, including ammunition
    facilities authorized by section 2854 of title 10, United States Code,
    and the land necessary therefor, for the foregoing purposes, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $934,905,000, to remain available for obligation until
    September 30, 2006.

    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or
    conversion of vessels as authorized by law, including armor and armament
    thereof, plant equipment, appliances, and machine tools and installation
    thereof in public and private plants; reserve plant and Government and
    contractor-owned equipment layaway; procurement of critical, long
    leadtime components and designs for vessels to be constructed or
    converted in the future; and expansion of public and private plants,
    including land necessary therefor, and such lands and interests therein,
    may be acquired, and construction prosecuted thereon prior to approval
    of title, as follows:
    Carrier Replacement Program (AP), $1,186,564,000;
    NSSN, $1,511,935,000;
    NSSN (AP), $827,172,000;
    SSGN, $930,700,000;
    SSGN (AP), $236,600,000;
    CVN Refuelings (AP), $232,832,000;
    SSN Submarine Refuelings, $450,000,000;
    SSN Submarine Refuelings (AP), $10,351,000;
    SSBN Submarine Refuelings (AP), $105,800,000;
    DDG-51 Destroyer, $3,218,311,000;
    LPD-17, $1,192,034,000;
    LPD-17 (AP), $135,000,000;
    LHD-8, $355,006,000;
    LCAC Landing Craft Air Cushion, $73,087,000;
    Mine Hunter SWATH, $4,500,000;
    Prior year shipbuilding costs, $635,502,000;
    Service Craft, $23,480,000; and
    For outfitting, post delivery, conversions, and first
    destination transportation, $338,749,000.

    In all: $11,467,623,000, to remain available for obligation until
    September 30, 2008: Provided, That additional obligations may be
    incurred after September 30, 2008, for engineering services, tests,
    evaluations, and other such budgeted work that must be performed in the
    final stage of ship construction: Provided further, That none of the
    funds provided under this heading for the construction or conversion of
    any naval vessel to be constructed in shipyards

    [[Page 1065]]
    117 STAT. 1065

    in the United States shall be expended in foreign facilities for the
    construction of major components of such vessel: Provided further, That
    none of the funds provided under this heading shall be used for the
    construction of any naval vessel in foreign shipyards.

    Other Procurement, Navy

    For procurement, production, and modernization of support equipment
    and materials not otherwise provided for, Navy ordnance (except ordnance
    for new aircraft, new ships, and ships authorized for conversion); the
    purchase of passenger motor vehicles for replacement only, and the
    purchase of 7 vehicles required for physical security of personnel,
    notwithstanding price limitations applicable to passenger vehicles but
    not to exceed $200,000 per vehicle; expansion of public and private
    plants, including the land necessary therefor, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon
    prior to approval of title; and procurement and installation of
    equipment, appliances, and machine tools in public and private plants;
    reserve plant and Government and contractor-owned equipment layaway,
    $4,941,098,000, to remain available for obligation until September 30,
    2006.

    Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and
    modification of missiles, armament, military equipment, spare parts, and
    accessories therefor; plant equipment, appliances, and machine tools,
    and installation thereof in public and private plants; reserve plant and
    Government and contractor-owned equipment layaway; vehicles for the
    Marine Corps, including the purchase of passenger motor vehicles for
    replacement only; and expansion of public and private plants, including
    land necessary therefor, and such lands and interests therein, may be
    acquired, and construction prosecuted thereon prior to approval of
    title, $1,165,727,000, to remain available for obligation until
    September 30, 2006.

    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and
    equipment, including armor and armament, specialized ground 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, $12,086,201,000, to remain available for
    obligation until September 30, 2006.

    Missile Procurement, Air Force

    For construction, procurement, and modification of missiles,
    spacecraft, rockets, and related equipment, including spare parts and
    accessories therefor, ground handling equipment, and training

    [[Page 1066]]
    117 STAT. 1066

    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, $4,165,633,000, to remain available for obligation until
    September 30, 2006.

    Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and training
    devices; expansion of public and private plants, including ammunition
    facilities authorized by section 2854 of title 10, United States Code,
    and the land necessary therefor, for the foregoing purposes, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $1,262,725,000, to remain available for obligation until
    September 30, 2006.

    Other Procurement, Air Force

    For procurement and modification of equipment (including ground
    guidance and electronic control equipment, and ground 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 $200,000 per vehicle;
    lease of passenger motor vehicles; and expansion of public and private
    plants, Government-owned equipment and installation thereof in such
    plants, erection of 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, $11,558,799,000, to remain available for obligation until
    September 30, 2006.

    Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of Defense
    (other than the military departments) necessary for procurement,
    production, and modification of equipment, supplies, materials, and
    spare parts therefor, not otherwise provided for; the purchase of
    passenger motor vehicles for replacement only, including not to exceed 3
    passenger motor vehicles for the Defense Security Service; the purchase
    of 4 vehicles required for physical security of personnel,
    notwithstanding price limitations applicable to passenger vehicles but
    not to exceed $200,000 per vehicle; 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

    [[Page 1067]]
    117 STAT. 1067

    therein, may be acquired, and construction prosecuted thereon prior to
    approval of title; reserve plant and Government and contractor-owned
    equipment layaway, $3,709,926,000, to remain available for obligation
    until September 30, 2006.

    National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles,
    ammunition, other weapons, and other procurement for the reserve
    components of the Armed Forces, $400,000,000, to remain available for
    obligation until September 30, 2006: Provided, [NOTE: Deadline.] 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), $78,016,000, to remain available until
    expended.

    TITLE IV

    RESEARCH, DEVELOPMENT, TEST AND EVALUATION

    Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research,
    development, test and evaluation, including maintenance, rehabilitation,
    lease, and operation of facilities and equipment, $10,363,941,000, to
    remain available for obligation until September 30, 2005: Provided, That
    of the amounts provided under this heading, $8,500,000 for Molecular
    Genetics and Musculoskeletal Research in program element 0602787A, shall
    remain available until expended.

    Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research,
    development, test and evaluation, including maintenance, rehabilitation,
    lease, and operation of facilities and equipment, $15,146,383,000, to
    remain available for obligation until September 30, 2005: Provided, That
    funds appropriated in this paragraph which are available for the V-22
    may be used to meet unique operational requirements of the Special
    Operations Forces: Provided further, That funds appropriated in this
    paragraph shall be 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, $20,500,984,000, to
    remain available for obligation until September 30, 2005.

    [[Page 1068]]
    117 STAT. 1068

    Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense
    (other than the military departments), necessary for basic and applied
    scientific research, development, test and evaluation; advanced research
    projects as may be designated and determined by the Secretary of
    Defense, pursuant to law; maintenance, rehabilitation, lease, and
    operation of facilities and equipment, $18,900,715,000, to remain
    available for obligation until September 30, 2005.

    Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the
    independent activities of the Director, Operational Test and 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, $305,861,000, 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, $1,641,507,000.

    National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and
    activities, and for expenses of the National Defense Reserve Fleet, as
    established by section 11 of the Merchant Ship Sales Act of 1946 (50
    U.S.C. App. 1744), and for the necessary expenses to maintain and
    preserve a U.S.-flag merchant fleet to serve the national security needs
    of the United States, $1,066,462,000, to remain available until
    expended: Provided, That none of the funds provided in this paragraph
    shall be used to award a new contract that provides for the acquisition
    of any of the following major components unless such components are
    manufactured in the United States: auxiliary equipment, including pumps,
    for all shipboard services; propulsion system components (that is;
    engines, reduction gears, and propellers); shipboard cranes; and
    spreaders for shipboard cranes: Provided further, That the exercise of
    an option in a contract awarded through the obligation of previously
    appropriated funds shall not be considered to be the award of a new
    contract: Provided further, That the Secretary of the military
    department responsible for such procurement may waive the restrictions
    in the first proviso on a case-by-case basis by certifying in writing to
    the Committees on Appropriations of the House of Representatives and the
    Senate that adequate domestic supplies are not available to meet
    Department of Defense requirements on a timely basis and that such an
    acquisition must be made in order to acquire capability for national
    security purposes: Provided further, That, notwithstanding any other
    provision of law, $6,500,000 of the funds available under this heading
    shall be available in

    [[Page 1069]]
    117 STAT. 1069

    addition to other amounts otherwise available, only to finance the cost
    of constructing additional sealift capacity.

    TITLE VI

    OTHER DEPARTMENT OF DEFENSE PROGRAMS

    Defense Health Program

    For expenses, not otherwise provided for, for medical and health
    care programs of the Department of Defense, as authorized by law,
    $15,730,013,000, of which $14,914,816,000 shall be for Operation and
    maintenance, of which not to exceed 2 percent shall remain available
    until September 30, 2005, and of which $7,420,972,000 shall be available
    for contracts entered into under the TRICARE program; of which
    $328,826,000, to remain available for obligation until September 30,
    2006, shall be for Procurement; and of which $486,371,000, to remain
    available for obligation until September 30, 2005, shall be for
    Research, development, test and evaluation.

    Chemical Agents and Munitions Destruction, Army

    For expenses, not otherwise provided for, necessary for the
    destruction of the United States stockpile of lethal chemical agents and
    munitions in accordance with the provisions of section 1412 of the
    Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
    the destruction of other chemical warfare materials that are not in the
    chemical weapon stockpile, $1,500,261,000, of which $1,169,168,000 shall
    be for Operation and maintenance to remain available until September 30,
    2005; $79,212,000 shall be for Procurement to remain available until
    September 30, 2006; $251,881,000 shall be for Research, development,
    test and evaluation to remain available until September 30, 2005; and no
    less than $132,677,000 may be for the Chemical Stockpile Emergency
    Preparedness Program, of which $44,168,000 shall be for activities on
    military installations and $88,509,000 shall be to assist State and
    local governments: Provided, [NOTE: Alabama.] That notwithstanding any
    other provision of law, $10,000,000 of the funds available under this
    heading shall be expended only to fund Chemical Stockpile Emergency
    Preparedness Program evacuation route improvements in Calhoun County,
    Alabama.

    Drug Interdiction and Counter-Drug Activities, Defense

    (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department
    of Defense, for transfer to appropriations available to the Department
    of Defense for military personnel of the reserve components serving
    under the provisions of title 10 and title 32, United States Code; for
    Operation and maintenance; for Procurement; and for Research,
    development, test and evaluation, $835,616,000: 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

    [[Page 1070]]
    117 STAT. 1070

    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, $175,113,000, of which $26,081,000 for the Advanced Research
    and Development Committee shall remain available until September 30,
    2005: Provided, That of the funds appropriated under this heading,
    $44,300,000 shall be transferred to the Department of Justice for the
    National Drug Intelligence Center to support the Department of Defense's
    counter-drug intelligence 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.

    [[Page 1071]]
    117 STAT. 1071

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

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

    National Security Education Trust Fund

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

    TITLE VIII

    GENERAL PROVISIONS

    Sec. 8001. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes not authorized by the
    Congress.
    Sec. 8002. [NOTE: 10 USC 1584 note.] During the current fiscal
    year, provisions of law prohibiting the payment of compensation to, or
    employment of, any person not a citizen of the United States shall not
    apply to personnel of the Department of Defense: Provided, That salary
    increases granted to direct and indirect hire foreign national employees
    of the Department of Defense funded by this Act shall not be at a rate
    in excess of the percentage increase authorized by law for civilian
    employees of the Department of Defense whose pay is computed under the
    provisions of section 5332 of title 5, United States Code, or at a rate
    in excess of the percentage increase provided by the appropriate host
    nation to its own employees, whichever is higher: Provided further, That
    this section shall not apply to Department of Defense foreign service
    national employees serving at United States diplomatic missions whose
    pay is set by the Department of State under the Foreign Service Act of
    1980: Provided further, That the limitations of this provision shall not
    apply to foreign national employees of the Department of Defense in the
    Republic of Turkey.

    Sec. 8003. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year, unless
    expressly so provided herein.
    Sec. 8004. No more than 20 percent of the appropriations in this Act
    which are limited for obligation during the current fiscal year shall be
    obligated during the last 2 months of the fiscal year: Provided, That
    this section shall not apply to obligations for support of active duty
    training of reserve components or summer camp training of the Reserve
    Officers' Training Corps.

    (transfer of funds)

    Sec. 8005. Upon determination by the Secretary of Defense that such
    action is necessary in the national interest, he may, with the approval
    of the Office of Management and Budget, transfer not to exceed
    $2,100,000,000 of working capital funds of the Department of Defense or
    funds made available in this Act to the Department of Defense for
    military functions (except military construction) between such
    appropriations or funds or any subdivision thereof, to be merged with
    and to be available for the same purposes,

    [[Page 1072]]
    117 STAT. 1072

    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, [NOTE: Notification.] That the Secretary
    of Defense shall notify the Congress promptly of all transfers made
    pursuant to this authority or any other authority in this Act: Provided
    further, That no part of the funds in this Act shall be available to
    prepare or present a request to the Committees on Appropriations for
    reprogramming of funds, unless for higher priority items, based on
    unforeseen military requirements, than those for which originally
    appropriated and in no case where the item for which reprogramming is
    requested has been denied by the Congress: Provided further, That a
    request for multiple reprogrammings of funds using authority provided in
    this section must be made prior to June 30, 2004.

    (transfer of funds)

    Sec. 8006. During the current fiscal year, cash balances in working
    capital funds of the Department of Defense established pursuant to
    section 2208 of title 10, United States Code, may be maintained in only
    such amounts as are necessary at any time for cash disbursements to be
    made from such funds: Provided, That transfers may be made between such
    funds: Provided further, That transfers may be made between working
    capital funds and the ``Foreign Currency Fluctuations, Defense''
    appropriation and the ``Operation and Maintenance'' appropriation
    accounts in such amounts as may be determined by the Secretary of
    Defense, with the approval of the Office of Management and Budget,
    except that such transfers may not be made unless the Secretary of
    Defense has notified the Congress of the proposed transfer. Except in
    amounts equal to the amounts appropriated to working capital funds in
    this Act, no obligations may be made against a working capital fund to
    procure or increase the value of war reserve material inventory, unless
    the Secretary of Defense has notified the Congress prior to any such
    obligation.
    Sec. 8007. [NOTE: Notification.] 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. [NOTE: 10 USC 2306b note.] 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

    [[Page 1073]]
    117 STAT. 1073

    $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;
    Tactical Tomahawk missile; and
    Virginia Class submarine:

    Provided, That the Secretary of the Navy may not enter into a multiyear
    contract for the procurement of more than one Virginia Class submarine
    per year.
    Sec. 8009. [NOTE: 10 USC 401 note.] 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. [NOTE: Notification.] None of the funds appropriated in
    this or any other Act may be used to initiate a new installation
    overseas without 30-day advance notification to the Committees on
    Appropriations.

    [[Page 1074]]
    117 STAT. 1074

    Sec. 8012. [NOTE: Lobbying.] 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, [NOTE: Applicability.] That this
    subsection applies only to active components of the Army.

    Sec. 8014. (a) Limitation on Conversion to Contractor Performance.--
    None of the funds appropriated by this Act shall be available to convert
    to contractor performance an activity or function of the Department of
    Defense that, on or after the date of the enactment of this Act, is
    performed by more than 10 Department of Defense civilian employees
    unless--
    (1) the conversion is based on the result of a public-
    private competition that includes a most efficient and cost
    effective organization plan developed by such activity or
    function; and
    (2) the Competitive Sourcing Official determines that, over
    all performance periods stated in the solicitation of offers for
    performance of the activity or function, the cost of performance
    of the activity or function by a contractor would be less costly
    to the Department of Defense by an amount that equals or exceeds
    the lesser of--
    (A) 10 percent of the most efficient organization's
    personnel-related costs for performance of that activity
    or function by Federal employees; or
    (B) $10,000,000.

    (b) Exceptions.--(1) This section and subsections (a), (b), and (c)
    of section 2461 of title 10, United States Code, shall not apply to a
    commercial or industrial type function of the Department of Defense
    that--
    (A) is included on the procurement list established pursuant
    to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);
    (B) is planned to be converted to performance by a qualified
    nonprofit agency for the blind or by a qualified nonprofit
    agency for other severely handicapped individuals in accordance
    with that Act; or
    (C) is planned to be converted to performance by a qualified
    firm under at least 51 percent ownership by an Indian tribe, as
    defined in section 4(e) of the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 450b(e)), or a Native
    Hawaiian Organization, as defined in section 8(a)(15) of the
    Small Business Act (15 U.S.C. 637(a)(15)).

    (2) This section shall not apply to depot contracts or contracts for
    depot maintenance as provided in sections 2469 and 2474 of title 10,
    United States Code.
    (c) Treatment of Conversion.--The conversion of any activity or
    function of the Department of Defense under the authority provided by
    this section shall be credited toward any competitive or outsourcing
    goal, target, or measurement that may be established by statute,
    regulation, or policy and is deemed to be awarded

    [[Page 1075]]
    117 STAT. 1075

    under the authority of, and in compliance with, subsection (h) of
    section 2304 of title 10, United States Code, for the competition or
    outsourcing of commercial activities.

    (transfer of funds)

    Sec. 8015. Funds appropriated in title III of this Act for the
    Department of Defense Pilot Mentor-Protege Program may be 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. [NOTE: 10 USC 2687 note.] Notwithstanding any other
    provision of law, during the current fiscal year, the Secretary of
    Defense may, by executive agreement, establish with host nation
    governments in NATO

    [[Page 1076]]
    117 STAT. 1076

    member states a separate account into which such residual value amounts
    negotiated in the return of United States military installations in NATO
    member states may be deposited, in the currency of the host nation, in
    lieu of direct monetary transfers to the United States Treasury:
    Provided, That such credits may be utilized only for the construction of
    facilities to support United States military forces in that host nation,
    or such real property maintenance and base operating costs that are
    currently executed through monetary transfers to such host nations:
    Provided further, That the Department of Defense's budget submission for
    fiscal year 2005 shall identify such sums anticipated in residual value
    settlements, and identify such construction, real property maintenance
    or base operating costs that shall be funded by the host nation through
    such credits: Provided further, That all military construction projects
    to be executed from such accounts must be previously approved in a prior
    Act of Congress: Provided further, That each such executive agreement
    with a NATO member host nation shall be reported to the congressional
    defense committees, the Committee on International Relations of the
    House of Representatives and the Committee on Foreign Relations of the
    Senate 30 days prior to the conclusion and endorsement of any such
    agreement established under this provision.
    Sec. 8019. None of the funds available to the Department of Defense
    may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
    rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
    pistols.
    Sec. 8020. No more than $500,000 of the funds appropriated or made
    available in this Act shall be used during a single fiscal year for any
    single relocation of an organization, unit, activity or function of the
    Department of Defense into or within the National Capital Region:
    Provided, That the Secretary of Defense may waive this restriction on a
    case-by-case basis by certifying in writing to the congressional defense
    committees that such a relocation is required in the best interest of
    the Government.
    Sec. 8021. In addition to the funds provided elsewhere in this Act,
    $8,000,000 is appropriated only for incentive payments authorized by
    Section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
    Provided, That a prime contractor or a subcontractor at any tier that
    makes a subcontract award to any subcontractor or supplier as defined in
    25 U.S.C. 1544 or a small business owned and controlled by an individual
    or individuals defined under 25 U.S.C. 4221(9) shall be considered a
    contractor for the purposes of being allowed additional compensation
    under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
    whenever the prime contract or subcontract amount is over $500,000 and
    involves the expenditure of funds appropriated by an Act making
    Appropriations for the Department of Defense with respect to any fiscal
    year: Provided further, [NOTE: Applicability.] That notwithstanding 41
    U.S.C. 430, this section shall be applicable to any Department of
    Defense acquisition of supplies or services, including any contract and
    any subcontract at any tier for acquisition of commercial items produced
    or manufactured, in whole or in part by any subcontractor or supplier
    defined in 25 U.S.C. 1544 or a small business owned and controlled by an
    individual or individuals defined under 25 U.S.C. 4221(9): Provided
    further, That businesses certified as 8(a) by the Small Business
    Administration pursuant to section 8(a)(15) of Public Law 85-536, as
    amended, shall have the same status as other program

    [[Page 1077]]
    117 STAT. 1077

    participants under section 602 of Public Law 100-656, 102 Stat. 3825
    (Business Opportunity Development Reform Act of 1988) for purposes of
    contracting with agencies of the Department of Defense.
    Sec. 8022. None of the funds appropriated by this Act shall be
    available to perform any cost study pursuant to the provisions of OMB
    Circular A-76 if the study being performed exceeds a period of 24 months
    after initiation of such study with respect to a single function
    activity or 30 months after initiation of such study for a multi-
    function activity.
    Sec. 8023. Funds appropriated by this Act for the American Forces
    Information Service shall not be used for any national or international
    political or psychological activities.
    Sec. 8024. Notwithstanding any other provision of law or regulation,
    the Secretary of Defense may adjust wage rates for civilian employees
    hired for certain health care occupations as authorized for the
    Secretary of Veterans Affairs by section 7455 of title 38, United States
    Code.
    Sec. 8025. (a) [NOTE: 10 USC 2410d note.] Of the funds for the
    procurement of supplies or services appropriated by this Act and
    hereafter, qualified nonprofit agencies for the blind or other severely
    handicapped shall be afforded the maximum practicable opportunity to
    participate as subcontractors and suppliers in the performance of
    contracts let by the Department of Defense.

    (b) During the current fiscal year and hereafter, a business concern
    which has negotiated with a military service or defense agency a
    subcontracting plan for the participation by small business concerns
    pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d))
    shall be given credit toward meeting that subcontracting goal for any
    purchases made from qualified nonprofit agencies for the blind or other
    severely handicapped.
    (c) For the purpose of this section, the phrase ``qualified
    nonprofit agency for the blind or other severely handicapped'' means a
    nonprofit agency for the blind or other severely handicapped that has
    been approved by the Committee for the Purchase from the Blind and Other
    Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
    48).
    Sec. 8026. During the current fiscal year, net receipts pursuant to
    collections from third party payers pursuant to section 1095 of title
    10, United States Code, shall be made available to the local facility of
    the uniformed services responsible for the collections and shall be over
    and above the facility's direct budget amount.
    Sec. 8027. During the current fiscal year, the Department of Defense
    is authorized to incur obligations of not to exceed $350,000,000 for
    purposes specified in section 2350j(c) of title 10, United States Code,
    in anticipation of receipt of contributions, only from the Government of
    Kuwait, under that section: Provided, That upon receipt, such
    contributions from the Government of Kuwait shall be credited to the
    appropriations or fund which incurred such obligations.

    (including transfer of funds)

    Sec. 8028. (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

    [[Page 1078]]
    117 STAT. 1078

    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) [NOTE: Reports.] 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.

    [[Page 1079]]
    117 STAT. 1079

    (f) Notwithstanding any other provision of this Act, the total
    amount appropriated in this Act for FFRDCs is hereby reduced by
    $74,200,000.
    Sec. 8030. None of the funds appropriated or made available in this
    Act shall be used to procure carbon, alloy or armor steel plate for use
    in any Government-owned facility or property under the control of the
    Department of Defense which were not melted and rolled in the United
    States or Canada: Provided, [NOTE: Applicability.] That these
    procurement restrictions shall apply to any and all Federal Supply Class
    9515, American Society of Testing and Materials (ASTM) or American Iron
    and Steel Institute (AISI) specifications of carbon, alloy or armor
    steel plate: Provided further, That the Secretary of the military
    department responsible for the procurement may waive this restriction on
    a case-by-case basis by certifying in writing to the Committees on
    Appropriations of the House of Representatives and the Senate that
    adequate domestic supplies are not available to meet Department of
    Defense requirements on a timely basis and that such an acquisition must
    be made in order to acquire capability for national security purposes:
    Provided further, That these restrictions shall not apply to contracts
    which are in being as of the date of the enactment of this Act.

    Sec. 8031. For the purposes of this Act, the term ``congressional
    defense committees'' means the Armed Services Committee of the House of
    Representatives, the Armed Services Committee of the Senate, the
    Subcommittee on Defense of the Committee on Appropriations of the
    Senate, and the Subcommittee on Defense of the Committee on
    Appropriations of the House of Representatives.
    Sec. 8032. During the current fiscal year, the Department of Defense
    may acquire the modification, depot maintenance and repair of aircraft,
    vehicles and vessels as well as the production of components and other
    Defense-related articles, through competition between Department of
    Defense depot maintenance activities and private firms: Provided, That
    the Senior Acquisition Executive of the military department or Defense
    Agency concerned, with power of delegation, shall certify that
    successful bids include comparable estimates of all direct and indirect
    costs for both public and private bids: Provided further, That Office of
    Management and Budget Circular A-76 shall not apply to competitions
    conducted under this section.
    Sec. 8033. (a)(1) [NOTE: 41 USC 10b-2.] 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) [NOTE: Reports.] 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

    [[Page 1080]]
    117 STAT. 1080

    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. [NOTE: President. 10 USC 221 note.] 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 [NOTE: State
    listing.] 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

    [[Page 1081]]
    117 STAT. 1081

    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, [NOTE: 50 USC 403u note.] That funds appropriated,
    transferred, or otherwise credited to the Central Intelligence Agency
    Central Services Working Capital Fund during this or any prior or
    subsequent fiscal year shall remain available until expended: Provided
    further, That any funds appropriated or transferred to the Central
    Intelligence Agency for advanced research and development acquisition,
    for agent operations, and for covert action programs authorized by the
    President under section 503 of the National Security Act of 1947, as
    amended, shall remain available until September 30, 2005.

    Sec. 8043. Notwithstanding any other provision of law, funds made
    available in this Act for the Defense Intelligence Agency may be used
    for the design, development, and deployment of General Defense
    Intelligence Program intelligence communications and intelligence
    information systems for the Services, the Unified and Specified
    Commands, and the component commands.

    [[Page 1082]]
    117 STAT. 1082

    Sec. 8044. Of the funds appropriated to the Department of Defense
    under the heading ``Operation and Maintenance, Defense-Wide'', not less
    than $10,000,000 shall be made available only for the mitigation of
    environmental impacts, including training and technical assistance to
    tribes, related administrative support, the gathering of information,
    documenting of environmental damage, and developing a system for
    prioritization of mitigation and cost to complete estimates for
    mitigation, on Indian lands resulting from Department of Defense
    activities.
    Sec. 8045. (a) None of the funds appropriated in this Act may be
    expended by an entity of the Department of Defense unless the entity, in
    expending the funds, complies with the Buy American Act. For purposes of
    this subsection, the term ``Buy American Act'' means title III of the
    Act entitled ``An Act making appropriations for the Treasury and Post
    Office Departments for the fiscal year ending June 30, 1934, and for
    other purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
    (b) If the Secretary of Defense determines that a person has been
    convicted of intentionally affixing a label bearing a ``Made in
    America'' inscription to any product sold in or shipped to the United
    States that is not made in America, the Secretary shall determine, in
    accordance with section 2410f of title 10, United States Code, whether
    the person should be debarred from contracting with the Department of
    Defense.
    (c) In the case of any equipment or products purchased with
    appropriations provided under this Act, it is the sense of the Congress
    that any entity of the Department of Defense, in expending the
    appropriation, purchase only American-made equipment and products,
    provided that American-made equipment and products are cost-competitive,
    quality-competitive, and available in a timely fashion.
    Sec. 8046. None of the funds appropriated by this Act shall be
    available for a contract for studies, analysis, or consulting services
    entered into without competition on the basis of an unsolicited proposal
    unless the head of the activity responsible for the procurement
    determines--
    (1) as a result of thorough technical evaluation, only one
    source is found fully qualified to perform the proposed work;
    (2) the purpose of the contract is to explore an unsolicited
    proposal which offers significant scientific or technological
    promise, represents the product of original thinking, and was
    submitted in confidence by one source; or
    (3) the purpose of the contract is to take advantage of
    unique and significant industrial accomplishment by a specific
    concern, or to insure that a new product or idea of a specific
    concern is given financial support:

    Provided, That this limitation shall not apply to contracts in an amount
    of less than $25,000, contracts related to improvements of equipment
    that is in development or production, or contracts as to which a
    civilian official of the Department of Defense, who has been confirmed
    by the Senate, determines that the award of such contract is in the
    interest of the national defense.
    Sec. 8047. (a) Except as provided in subsection (b) and (c), none of
    the funds made available by this Act may be used--
    (1) to establish a field operating agency; or
    (2) to pay the basic pay of a member of the Armed Forces or
    civilian employee of the department who is transferred or

    [[Page 1083]]
    117 STAT. 1083

    reassigned from a headquarters activity if the member or
    employee's place of duty remains at the location of that
    headquarters.

    (b) The Secretary of Defense or Secretary of a military department
    may waive the limitations in subsection (a), on a case-by-case basis, if
    the Secretary determines, and certifies to the Committees on
    Appropriations of the House of Representatives and Senate that the
    granting of the waiver will reduce the personnel requirements or the
    financial requirements of the department.
    (c) This section does not apply to field operating agencies funded
    within the National Foreign Intelligence Program.
    Sec. 8048. Notwithstanding section 303 of Public Law 96-487 or any
    other provision of law, the Secretary of the Navy is authorized to lease
    real and personal property at Naval Air Facility, Adak, Alaska, pursuant
    to 10 U.S.C. 2667(f), for commercial, industrial or other purposes:
    Provided, That notwithstanding any other provision of law, the Secretary
    of the Navy may remove hazardous materials from facilities, buildings,
    and structures at Adak, Alaska, and may demolish or otherwise dispose of
    such facilities, buildings, and structures.

    (rescissions)

    Sec. 8049. Of the funds appropriated in Department of Defense
    Appropriations Acts, the following funds are hereby rescinded from the
    following accounts and programs in the specified amounts:
    ``Shipbuilding and Conversion, Navy, 2001/2005'',
    $3,835,000;
    ``Shipbuilding and Conversion, Navy, 2002/2006'',
    $9,336,000;
    ``Aircraft Procurement, Army, 2003/2005'', $47,100,000;
    ``Weapons and Tracked Combat Vehicles, Army, 2003/2005'',
    $30,000,000;
    ``Procurement of Ammunition, Army, 2003/2005'', $36,000,000;
    ``Other Procurement, Army, 2003/2005'', $8,000,000;
    ``Other Procurement, Air Force, 2003/2005'', $10,000,000;
    ``Procurement, Defense-Wide, 2003/2005'', $48,000,000;
    ``Research, Development, Test and Evaluation, Army, 2003/
    2004'', $2,989,000;
    ``Research, Development, Test and Evaluation, Defense-Wide,
    2003/2004'', $25,000,000; and
    ``National Defense Sealift Fund'', $105,300,000.

    Sec. 8050. None of the funds available in this Act may be used to
    reduce the authorized positions for military (civilian) 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

    [[Page 1084]]
    117 STAT. 1084

    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 [NOTE: 10 USC 2674 note. Deadline.] 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

    [[Page 1085]]
    117 STAT. 1085

    (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 [NOTE: Applicability.] of Certification
    Requirement.--The requirement to make an annual certification under
    subsection (a) shall apply until the Secretary certifies to Congress
    that the renovation of the Pentagon Reservation is completed.

    Sec. 8056. Notwithstanding any other provision of law, that not more
    than 35 percent of funds provided in this Act for environmental
    remediation may be obligated under indefinite delivery/indefinite
    quantity contracts with a total contract value of $130,000,000 or
    higher.
    Sec. 8057. (a) [NOTE: 10 USC 374 note.] 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) [NOTE: 50 USC 403f note.] None of the funds available to the
    Central Intelligence Agency for any fiscal year for drug interdiction
    and counter-drug activities may be transferred to any other department
    or agency of the United States except as specifically provided in an
    appropriations law.

    (transfer of funds)

    Sec. 8058. Appropriations available in this Act under the heading
    ``Operation and Maintenance, Defense-Wide'' for increasing energy and
    water efficiency in Federal buildings may, during their period of
    availability, be transferred to other appropriations or funds of the
    Department of Defense for projects related to increasing energy and
    water efficiency, to be merged with and to be available for the same
    general purposes, and for the same time period, as the appropriation or
    fund to which transferred.
    Sec. 8059. None of the funds appropriated by this Act may be used
    for the procurement of ball and roller bearings other than those
    produced by a domestic source and of domestic origin: Provided, That the
    Secretary of the military department responsible for such procurement
    may waive this restriction on a case-by-case basis by certifying in
    writing to the Committees on Appropriations of the House of
    Representatives and the Senate, that adequate domestic supplies are not
    available to meet Department of Defense requirements on a timely basis
    and that such an acquisition must be made in order to acquire capability
    for national security purposes: Provided further, That this restriction
    shall not apply to the purchase of ``commercial items'', as defined by
    section 4(12) of the Office of Federal Procurement Policy Act, except
    that the restriction shall apply to ball or roller bearings purchased as
    end items.

    [[Page 1086]]
    117 STAT. 1086

    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. [NOTE: 10 USC 2521 note.] Notwithstanding any other
    provision of law, the Naval shipyards of the United States shall be
    eligible to participate in any manufacturing extension program financed
    by funds appropriated in this or any other Act or hereafter in any other
    Act.

    Sec. 8063. Notwithstanding any other provision of law, each contract
    awarded by the Department of Defense during the current fiscal year for
    construction or service performed in whole or in part in a State (as
    defined in section 381(d) of title 10, United States Code) which is not
    contiguous with another State and has an unemployment rate in excess of
    the national average rate of unemployment as determined by the Secretary
    of Labor, shall include a provision requiring the contractor to employ,
    for the purpose of performing that portion of the contract in such State
    that is not contiguous with another State, individuals who are residents
    of such State and who, in the case of any craft or trade, possess or
    would be able to acquire promptly the necessary skills: Provided, That
    the Secretary of Defense may waive the requirements of this section, on
    a case-by-case basis, in the interest of national security.
    Sec. 8064. None of the funds made available in this or any other Act
    may be used to pay the salary of any officer or employee of the
    Department of Defense who approves or implements the transfer of
    administrative responsibilities or budgetary resources of any program,
    project, or activity financed by this Act to the jurisdiction of another
    Federal agency not financed by this Act without the express
    authorization of Congress: Provided, That this limitation shall not
    apply to transfers of funds expressly provided for in Defense
    Appropriations Acts, or provisions of Acts providing supplemental
    appropriations for the Department of Defense.
    Sec. 8065. (a) Limitation on Transfer of Defense Articles and
    Services.--Notwithstanding [NOTE: Notice.] 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 [NOTE: Applicability.] section
    applies to--
    (1) any international peacekeeping or peace-enforcement
    operation under the authority of chapter VI or chapter VII

    [[Page 1087]]
    117 STAT. 1087

    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, [NOTE: Reports.] 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.

    [[Page 1088]]
    117 STAT. 1088

    (c) The President may suspend the application of subsection (a)
    during a period of war in which the United States is a party.

    (including transfer of funds)

    Sec. 8069. During the current fiscal year, no more than $30,000,000
    of appropriations made in this Act under the heading ``Operation and
    Maintenance, Defense-Wide'' may be transferred to appropriations
    available for the pay of military personnel, to be merged with, and to
    be available for the same time period as the appropriations to which
    transferred, to be used in support of such personnel in connection with
    support and services for eligible organizations and activities outside
    the Department of Defense pursuant to section 2012 of title 10, United
    States Code.
    Sec. 8070. During the current fiscal year, in the case of an
    appropriation account of the Department of Defense for which the period
    of availability for obligation has expired or which has closed under the
    provisions of section 1552 of title 31, United States Code, and which
    has a negative unliquidated or unexpended
    balance, an obligation or an adjustment of an obligation may be
    charged to any current appropriation account for the same purpose
    as the expired or closed account if--
    (1) the obligation would have been properly chargeable
    (except as to amount) to the expired or closed account before
    the end of the period of availability or closing of that
    account;
    (2) the obligation is not otherwise properly chargeable to
    any current appropriation account of the Department of Defense;
    and
    (3) in the case of an expired account, the obligation is not
    chargeable to a current appropriation of the Department of
    Defense under the provisions of section 1405(b)(8) of the
    National Defense Authorization Act for Fiscal Year 1991, Public
    Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in
    the case of an expired account, if subsequent review or
    investigation discloses that there was not in fact a negative
    unliquidated or unexpended balance in the account, any charge to
    a current account under the authority of this section shall be
    reversed and recorded against the expired account: Provided
    further, That the total amount charged to a current
    appropriation under this section may not exceed an amount equal
    to 1 percent of the total appropriation for that account.

    Sec. 8071. Funds appropriated in title II of this Act and for the
    Defense Health Program in title VI of this Act for supervision and
    administration costs for facilities maintenance and repair, minor
    construction, or design projects, or any planning studies, environmental
    assessments, or similar activities related to installation support
    functions, may be obligated at the time the reimbursable order is
    accepted by the performing activity: Provided, That for the purpose of
    this section, supervision and administration costs includes all in-house
    Government cost.
    Sec. 8072. (a) Notwithstanding any other provision of law, the Chief
    of the National Guard Bureau may permit the use of equipment of the
    National Guard Distance Learning Project by any person or entity on a
    space-available, reimbursable basis. The Chief of the National Guard
    Bureau shall establish the amount of reimbursement for such use on a
    case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to
    funds available for the National Guard Distance Learning Project

    [[Page 1089]]
    117 STAT. 1089

    and be available to defray the costs associated with the use of
    equipment of the project under that subsection. Such funds shall be
    available for such purposes without fiscal year limitation.
    Sec. 8073. Using funds available by this Act or any other Act, the
    Secretary of the Air Force, pursuant to a determination under section
    2690 of title 10, United States Code, may implement cost-effective
    agreements for required heating facility modernization in the
    Kaiserslautern Military Community in the Federal Republic of Germany:
    Provided, That in the City of Kaiserslautern such agreements will
    include the use of United States anthracite as the base load energy for
    municipal district heat to the United States Defense installations:
    Provided further, That at Landstuhl Army Regional Medical Center and
    Ramstein Air Base, furnished heat may be obtained from private, regional
    or municipal services, if provisions are included for the consideration
    of United States coal as an energy source.
    Sec. 8074. None of the funds appropriated in title IV of this Act
    may be used to procure end-items for delivery to military forces for
    operational training, operational use or inventory requirements:
    Provided, That this restriction does not apply to end-items used in
    development, prototyping, and test activities preceding and leading to
    acceptance for operational use: Provided further, That this restriction
    does not apply to programs funded within the National Foreign
    Intelligence Program: Provided further, That the Secretary of Defense
    may waive this restriction on a case-by-case basis by certifying in
    writing to the Committees on Appropriations of the House of
    Representatives and the Senate that it is in the national security
    interest to do so.
    Sec. 8075. None of the funds made available in this Act may be used
    to approve or license the sale of the F-22 advanced tactical fighter to
    any foreign government.
    Sec. 8076. (a) The Secretary of Defense may, on a case-by-case
    basis, waive with respect to a foreign country each limitation on the
    procurement of defense items from foreign sources provided in law if the
    Secretary determines that the application of the limitation with respect
    to that country would invalidate cooperative programs entered into
    between the Department of Defense and the foreign country, or would
    invalidate reciprocal trade agreements for the procurement of defense
    items entered into under section 2531 of title 10, United States Code,
    and the country does not discriminate against the same or similar
    defense items produced in the United States for that country.
    (b) [NOTE: Applicability.] 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.

    [[Page 1090]]
    117 STAT. 1090

    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 [NOTE: Deadline.] more than 15 days after the
    exercise of any waiver under subsection (c), the Secretary of Defense
    shall submit a report to the congressional defense committees describing
    the extraordinary circumstances, the purpose and duration of the
    training program, the United States forces and the foreign security
    forces involved in the training program, and the information relating to
    human rights violations that necessitates the waiver.

    Sec. 8078. The Secretary of Defense, in coordination with the
    Secretary of Health and Human Services, may carry out a program to
    distribute surplus dental equipment of the Department of Defense, at no
    cost to the Department of Defense, to Indian Health Service facilities
    and to federally-qualified health centers (within the meaning of section
    1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
    Sec. 8079. None of the funds appropriated or made available in this
    Act to the Department of the Navy shall be used to develop, lease or
    procure the T-AKE class of ships unless the main propulsion diesel
    engines and propulsors are manufactured in the United States by a
    domestically operated entity: Provided, That the Secretary of Defense
    may waive this restriction on a case-by-case basis by certifying in
    writing to the Committees on Appropriations of the House of
    Representatives and the Senate that adequate domestic supplies are not
    available to meet Department of Defense requirements on a timely basis
    and that such an acquisition must be made in order to acquire capability
    for national security purposes or there exists a significant cost or
    quality difference.
    Sec. 8080. None of the funds appropriated or otherwise made
    available by this or other Department of Defense Appropriations Acts may
    be obligated or expended for the purpose of performing repairs or
    maintenance to military family housing units of the Department of
    Defense, including areas in such military family housing units that may
    be used for the purpose of conducting official Department of Defense
    business.
    Sec. 8081. Notwithstanding any other provision of law, funds
    appropriated in this Act under the heading ``Research, Development, Test
    and Evaluation, Defense-Wide'' for any advanced concept technology
    demonstration project may only be obligated 30 days after a report,
    including a description of the project, the planned acquisition and
    transition strategy and its estimated annual and total cost, has been
    provided in writing to the congressional defense committees: Provided,
    That the Secretary of Defense may waive

    [[Page 1091]]
    117 STAT. 1091

    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. [NOTE: Reports.] The Secretary of Defense shall provide
    a classified quarterly report, beginning December 15, 2003, to the House
    and Senate Appropriations Committees, Subcommittees on Defense on
    certain matters as directed in the classified annex accompanying this
    Act.

    Sec. 8083. During the current fiscal year, refunds attributable to
    the use of the Government travel card, refunds attributable to the use
    of the Government Purchase Card and refunds attributable to official
    Government travel arranged by Government Contracted Travel Management
    Centers may be credited to operation and maintenance accounts of the
    Department of Defense which are current when the refunds are received.
    Sec. 8084. (a) Registering Financial Management Information
    Technology Systems With DOD Chief Information Officer.--None of the
    funds appropriated in this Act may be used for a mission critical or
    mission essential financial management information technology system
    (including a system funded by the defense working capital fund) that is
    not registered with the Chief Information Officer of the Department of
    Defense. A system shall be considered to be registered with that officer
    upon the furnishing to that officer of notice of the system, together
    with such information concerning the system as the Secretary of Defense
    may prescribe. A financial management information technology system
    shall be considered a mission critical or mission essential information
    technology system as defined by the Under Secretary of Defense
    (Comptroller).
    (b) Certifications as to Compliance With Financial Management
    Modernization Plan.--
    (1) During the current fiscal year, a financial management
    automated information system, a mixed information system
    supporting financial and non-financial systems, or a system
    improvement of more than $1,000,000 may not receive Milestone A
    approval, Milestone B approval, or full rate production, or
    their equivalent, within the Department of Defense until the
    Under Secretary of Defense (Comptroller) certifies, with respect
    to that milestone, that the system is being developed and
    managed in accordance with the Department's Financial Management
    Modernization Plan. The Under Secretary of Defense (Comptroller)
    may require additional certifications, as appropriate, with
    respect to any such system.
    (2) [NOTE: Notification.] 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.

    [[Page 1092]]
    117 STAT. 1092

    (2) [NOTE: Notification.] 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

    [[Page 1093]]
    117 STAT. 1093

    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. [NOTE: Alcohol and alcoholic beverages. 10 USC 2488
    note.] None of the funds appropriated by this Act shall be used for the
    support of any nonappropriated funds activity of the Department of
    Defense that procures malt beverages and wine with nonappropriated funds
    for resale (including such alcoholic beverages sold by the drink) on a
    military installation located in the United States unless such malt
    beverages and wine are procured within that State, or in the case of the
    District of Columbia, within the District of Columbia, in which the
    military installation is located: Provided, That in a case in which the
    military installation is located in more than one State, purchases may
    be made in any State in which the installation is located: Provided
    further, That such local procurement requirements for malt beverages and
    wine shall apply to all alcoholic beverages only for military
    installations in States which are not contiguous with another State:
    Provided further, That alcoholic beverages other than wine and malt
    beverages, in contiguous States and the District of Columbia shall be
    procured from the most competitive source, price and other factors
    considered.

    Sec. 8089. (a) The Department of Defense is authorized to enter into
    agreements with the Department of Veterans Affairs and federally-funded
    health agencies providing services to Native Hawaiians for the purpose
    of establishing a partnership similar to the Alaska Federal Health Care
    Partnership, in order to maximize Federal resources in the provision of
    health care services by federally-funded health agencies, applying
    telemedicine technologies. For the purpose of this partnership, Native
    Hawaiians shall have the same status as other Native Americans who are
    eligible for the health care services provided by the Indian Health
    Service.
    (b) The Department of Defense is authorized to develop a
    consultation policy, consistent with Executive Order No. 13084 (issued
    May 14, 1998), with Native Hawaiians for the purpose of assuring maximum
    Native Hawaiian participation in the direction and administration of
    governmental services so as to render those services more responsive to
    the needs of the Native Hawaiian community.
    (c) For purposes of this section, the term ``Native Hawaiian'' means
    any individual who is a descendant of the aboriginal people who, prior
    to 1778, occupied and exercised sovereignty in the area that now
    comprises the State of Hawaii.
    Sec. 8090. Funds available to the Department of Defense for the
    Global Positioning System during the current fiscal year may be used to
    fund civil requirements associated with the satellite and ground control
    segments of such system's modernization program.

    (including transfer of funds)

    Sec. 8091. (a) Of the amounts appropriated in this Act under the
    heading, ``Research, Development, Test and Evaluation, Defense-Wide'',
    $48,000,000 shall remain available until expended: Provided, That
    notwithstanding any other provision of law, the Secretary of Defense is
    authorized to transfer such funds to other activities of the Federal
    Government.
    (b) Of the amounts appropriated in this Act under the heading,
    ``Operation and Maintenance, Army'', $177,000,000 shall remain

    [[Page 1094]]
    117 STAT. 1094

    available until expended: Provided, That notwithstanding any other
    provision of law, the Secretary of Defense is authorized to transfer
    such funds to other activities of the Federal Government: Provided
    further, That the Secretary of Defense is authorized to enter into and
    carry out contracts for the acquisition of real property, construction,
    personal services, and operations related to projects described in
    further detail in the Classified Annex accompanying the Department of
    Defense Appropriations Act, 2004, consistent with the terms and
    conditions set forth therein: Provided further, That contracts entered
    into under the authority of this section may provide for such
    indemnification as the Secretary determines to be necessary: Provided
    further, That projects authorized by this section shall comply with
    applicable Federal, State, and local law to the maximum extent
    consistent with the national security, as determined by the Secretary of
    Defense.
    Sec. 8092. [NOTE: 10 USC 113 note.] 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 elsewhere in this Act,
    $3,800,000 is hereby appropriated for ``Defense Health Program'', to
    remain available for obligation until expended: Provided, That
    notwithstanding any other provision of law, $2,000,000 shall be
    available only for a grant to the Fisher House Foundation, Inc., only
    for the construction and furnishing of additional Fisher Houses to meet
    the needs of military family members when confronted with the illness or
    hospitalization of an eligible military beneficiary, and notwithstanding
    any other provision of law, $1,800,000 shall be available only for
    deposit into the Army, Navy, and Air Force Fisher House Non-appropriated
    Fund Instrumentalities and shall be used in support and upkeep of
    existing Fisher Houses.
    Sec. 8094. Amounts appropriated in titles II and IV are hereby
    reduced by $504,500,000 to reflect savings attributable to improvements
    in the management of professional support services, surveys and
    analysis, and contracted engineering and technical support, and to limit
    excessive growth in the procurement of advisory and assistance services,
    to be distributed as follows:
    (1) From ``Operation and Maintenance, Army'', $48,500,000;
    (2) From ``Operation and Maintenance, Navy'', $84,400,000;
    (3) From ``Operation and Maintenance, Marine Corps'',
    $4,300,000;
    (4) From ``Operation and Maintenance, Air Force'',
    $196,300,000;
    (5) From ``Operation and Maintenance, Defense-Wide'',
    $91,000,000;
    (6) From ``Research, Development, Test and Evaluation,
    Navy'', $40,000,000; and
    (7) From ``Research, Development, Test and Evaluation,
    Defense-Wide'', $40,000,000:

    Provided, [NOTE: Applicability.] That these reductions shall be
    applied proportionally to each budget activity, activity group and
    subactivity group and each program, project and activity within each
    appropriations account.

    [[Page 1095]]
    117 STAT. 1095

    (including transfer of funds)

    Sec. 8095. Of the amounts appropriated in this Act under the heading
    ``Research, Development, Test and Evaluation, Defense-Wide'',
    $144,803,000 shall be made available for the Arrow missile defense
    program: Provided, That of this amount, $80,000,000 shall be available
    for the purpose of producing Arrow missile components in the United
    States and Arrow missile components and missiles in Israel to meet
    Israel's defense requirements, consistent with each nation's laws,
    regulations and procedures: Provided further, That funds made available
    under this provision for production of missiles and missile components
    may be transferred to appropriations available for the procurement of
    weapons and equipment, to be merged with and to be available for the
    same time period and the same purposes as the appropriation to which
    transferred: Provided further, That the transfer authority provided
    under this provision is in addition to any other transfer authority
    contained in this Act.

    (including transfer of funds)

    Sec. 8096. In addition to amounts provided elsewhere in this Act,
    $60,000,000 is hereby appropriated for ``Aircraft Procurement, Navy'':
    Provided, That these funds shall be available only for transfer to the
    Coast Guard for mission essential equipment for Coast Guard HC-130J
    aircraft.

    (including transfer of funds)

    Sec. 8097. Of the amounts appropriated in this Act under the heading
    ``Shipbuilding and Conversion, Navy'', $635,502,000 shall be available
    until September 30, 2004, to fund prior year shipbuilding cost
    increases: Provided, That upon enactment of this Act, the Secretary of
    the Navy shall transfer such funds to the following appropriations in
    the amounts specified: Provided further, That the amounts transferred
    shall be merged with and be available for the same purposes as the
    appropriations to which transferred:
    To:
    Under the heading, ``Shipbuilding and Conversion,
    Navy, 1996/04'':
    LPD-17 Amphibious Transport Dock Ship Program,
    $95,300,000.
    Under the heading, ``Shipbuilding and Conversion,
    Navy, 1998/04'':
    New SSN, $81,060,000.
    Under the heading, ``Shipbuilding and Conversion,
    Navy, 1999/04'':
    DDG-51 Destroyer Program, $44,420,000;
    New SSN, $156,978,000;
    LPD-17 Amphibious Transport Dock Ship Program,
    $51,100,000.
    Under the heading, ``Shipbuilding and Conversion,
    Navy, 2000/04'':
    DDG-51 Destroyer Program, $24,510,000;
    LPD-17 Amphibious Transport Dock Ship Program,
    $112,778,000.
    Under the heading, ``Shipbuilding and Conversion,
    Navy, 2001/04'':

    [[Page 1096]]
    117 STAT. 1096

    DDG-51 Destroyer Program, $6,984,000;
    New SSN, $62,372,000.

    Sec. 8098. 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. 8099. 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. 8100. Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for intelligence activities are deemed to
    be specifically authorized by the Congress for purposes of section 504
    of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
    2004 until the enactment of the Intelligence Authorization Act for
    fiscal year 2004.
    Sec. 8101. The total amount appropriated in title II is hereby
    reduced by $200,000,000 to reduce cost growth in information technology
    development, to be derived as follows:
    (1) From ``Operation and Maintenance, Army'', $40,000,000.
    (2) From ``Operation and Maintenance, Navy'', $60,000,000.
    (3) From ``Operation and Maintenance, Air Force'',
    $60,000,000.
    (4) From ``Operation and Maintenance, Defense-Wide'',
    $40,000,000.

    Sec. 8102. In addition to funds made available elsewhere in this Act
    $5,500,000 is hereby appropriated and shall remain available until
    expended to provide assistance, by grant or otherwise (such as, but not
    limited to, the provision of funds for repairs, maintenance,
    construction, and/or for the purchase of information technology, text
    books, teaching resources), to public schools that have unusually high
    concentrations of special needs military dependents enrolled: Provided,
    That in selecting school systems to receive such assistance, special
    consideration shall be given to school systems in States that are
    considered overseas assignments, and all schools within these school
    systems shall be eligible for assistance: Provided further, That up to
    $2,000,000 shall be available for the Department of Defense to establish
    a non-profit trust fund to assist in the public-private funding of
    public school repair and maintenance projects, or provide directly to
    non-profit organizations who in return will use these monies to provide
    assistance in the form of repair, maintenance, or renovation to public
    school systems that have high concentrations of special needs military
    dependents and are located in States that are considered overseas
    assignments, and of which 2 percent shall be available to support the
    administration and execution of the funds: Provided further, That to the
    extent a Federal agency provides this assistance, by contract, grant, or
    otherwise, it may accept and expend non-Federal

    [[Page 1097]]
    117 STAT. 1097

    funds in combination with these Federal funds to provide assistance for
    the authorized purpose, if the non-Federal entity requests such
    assistance and the non-Federal funds are provided on a reimbursable
    basis.
    Sec. 8103. None of the funds in this Act may be used to initiate a
    new start program without prior notification to the Office of Secretary
    of Defense and the congressional defense committees.
    Sec. 8104. The amounts appropriated in title II are hereby reduced
    by $372,000,000 to reflect cash balance and rate 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'',
    $220,000,000.

    Sec. 8105. The amount appropriated in title II for ``Operation and
    Maintenance, Navy'' is hereby reduced by $44,000,000 to reduce excess
    funded carryover.
    Sec. 8106. (a) In addition to the amounts provided elsewhere in this
    Act, the amount of $5,500,000 is hereby appropriated to the Department
    of Defense for ``Operation and Maintenance, Army National Guard''. Such
    amount shall be made available to the Secretary of the Army only to make
    a grant in the amount of $5,500,000 to the entity specified in
    subsection (b) to facilitate access by veterans to opportunities for
    skilled employment in the construction industry.
    (b) The entity referred to in subsection (a) is the Center for
    Military Recruitment, Assessment and Veterans Employment, a nonprofit
    labor-management co-operation committee provided for by section
    302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C.
    186(c)(9)), for the purposes set forth in section 6(b) of the Labor
    Management Cooperation Act of 1978 (29 U.S.C. 175a note).
    Sec. 8107. Financing and Fielding of Key Army 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. 8108. Of the funds made available in this Act, not less than
    $40,600,000 shall be available to maintain an attrition reserve force of
    18 B-52 aircraft, of which $3,800,000 shall be available from ``Military
    Personnel, Air Force'', $25,100,000 shall be available from ``Operation
    and Maintenance, Air Force'', and $11,700,000 shall be available from
    ``Aircraft Procurement, Air Force'': Provided, That the Secretary of the
    Air Force shall maintain a total force of 94 B-52 aircraft, including 18
    attrition reserve aircraft, during fiscal year 2004: Provided further,
    That the Secretary of Defense shall include in the Air Force budget
    request for fiscal year 2005 amounts sufficient to maintain a B-52 force
    totaling 94 aircraft.

    [[Page 1098]]
    117 STAT. 1098

    Sec. 8109. Of the funds made available under the heading ``Operation
    and Maintenance, Air Force'', $8,000,000 shall be available to realign
    railroad track on Elmendorf Air Force Base and Fort Richardson:
    Provided, That the Secretary of the Air Force is authorized, using funds
    available under the heading ``Operation and Maintenance, Air Force'', to
    complete a phased repair project, which repairs may include upgrades and
    additions, to the infrastructure of the operational ranges managed by
    the Air Force in Alaska. The total cost of such phased projects shall
    not exceed $26,000,000.

    (transfer of funds)

    Sec. 8110. Of the amounts appropriated in Public Law 107-206 under
    the heading ``Defense Emergency Response Fund'', an amount up to the
    fair market value of the leasehold interest in adjacent properties
    necessary for the force protection requirements of Tooele Army Depot,
    Utah, may be made available to resolve any property disputes associated
    with Tooele Army Depot, Utah, and to acquire such leasehold interest as
    required: Provided, That none of these funds may be used to acquire fee
    title to the properties.
    Sec. 8111. Up to $3,000,000 of the funds appropriated under the
    heading ``Operation and Maintenance, Navy'' in this Act for the Pacific
    Missile Range Facility may be made available to contract for the repair,
    maintenance, and operation of adjacent off-base water, drainage, and
    flood control systems, electrical upgrade to support additional missions
    critical to base operations, and support for a range footprint expansion
    to further guard against encroachment.
    Sec. 8112. In addition to the amounts appropriated or otherwise made
    available in this Act, $34,950,000 is hereby appropriated to the
    Department of Defense: Provided, [NOTE: Grants.] That the Secretary of
    Defense shall make grants in the amount of $8,500,000 to the Fort
    Benning Infantry Museum; $6,000,000 to the University of South Florida
    for establishment and operation of the Joint Military Science Leadership
    Program; $5,000,000 to the American Red Cross for Armed Forces Emergency
    Services; $3,500,000 to the National D-Day Museum; $3,000,000 to the
    Chicago Park District for renovation of the Broadway Armory; $2,100,000
    to the National Guard Youth Foundation; $2,100,000 to the Intrepid Sea-
    Air-Space Foundation; $2,000,000 to the Army Museum of the Southwest at
    Fort Sill, Oklahoma; $1,500,000 to the Tredegar National Civil War
    Center; $1,000,000 to the Philadelphia Korean War Memorial; and $250,000
    to the CSS Alabama Association.

    Sec. 8113. None of the funds appropriated in this Act under the
    heading ``Overseas Contingency Operations Transfer Account'' may be
    transferred or obligated for Department of Defense expenses not directly
    related to the conduct of
    overseas [NOTE: Reports. Deadline.] 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 Account'':
    Provided further, That the report shall explain any transfer for the
    maintenance of real property, pay of civilian personnel, base operations
    support, and weapon, vehicle or equipment maintenance.

    Sec. 8114. For purposes of section 1553(b) of title 31, United
    States Code, any subdivision of appropriations made in this Act under
    the heading ``Shipbuilding and Conversion, Navy'' shall be

    [[Page 1099]]
    117 STAT. 1099

    considered to be for the same purpose as any subdivision under the
    heading ``Shipbuilding and Conversion, Navy'' appropriations in any
    prior fiscal year, and the 1 percent limitation shall apply to the total
    amount of the appropriation.
    Sec. 8115. [NOTE: 10 USC 221 note.] The budget of the President
    for fiscal year 2005 submitted to the Congress pursuant to section 1105
    of title 31, United States Code shall include separate budget
    justification documents for costs of United States Armed Forces'
    participation in contingency operations for the Military Personnel
    accounts, the Operation and Maintenance accounts, and the Procurement
    accounts: Provided, That these documents shall include a description of
    the funding requested for each contingency operation, for each military
    service, to include all Active and Reserve components, and for each
    appropriations account: Provided further, That these documents shall
    include estimated costs for each element of expense or object class, a
    reconciliation of increases and decreases for each contingency
    operation, and programmatic data including, but not limited to, troop
    strength for each Active and Reserve component, and estimates of the
    major weapons systems deployed in support of each contingency: Provided
    further, That these documents shall include budget exhibits OP-5 and OP-
    32 (as defined in the Department of Defense Financial Management
    Regulation) for all contingency operations for the budget year and the
    two preceding fiscal years.

    Sec. 8116. None of the funds in this Act may be used for research,
    development, test, evaluation, procurement or deployment of nuclear
    armed interceptors of a missile defense system.

    (transfer of funds)

    Sec. 8
    117. Of the amounts appropriated in this Act under the
    headings ``Research, Development, Test and Evaluation, Navy'' and
    ``Operation and Maintenance, Defense-Wide'' $56,200,000 shall be
    transferred to such appropriations available to the Department of
    Defense as may be required to carry out the intent of Congress as
    expressed in the Classified Annex accompanying the Department of Defense
    Appropriations Act, 2004, and amounts so transferred shall be available
    for the same purposes and for the same time period as the appropriations
    to which transferred.
    Sec. 8118. During the current fiscal year, section 2533a(f) of Title
    10, United States Code, shall not apply to any fish, shellfish, or
    seafood product. This section is applicable to contracts and
    subcontracts for the procurement of commercial items notwithstanding
    section 34 of the Office of Federal Procurement Policy Act (41 U.S.C.
    430).
    Sec. 8119. Notwithstanding section 2465 of title 10 U.S.C., the
    Secretary of the Navy may use funds appropriated in title II of this Act
    under the heading, ``Operation and Maintenance, Navy'', to liquidate the
    expenses incurred for private security guard services performed at the
    Naval Support Unit, Saratoga Springs, New York by Burns International
    Security Services, Albany, New York in the amount of $29,323.35, plus
    accrued interest, if any.
    Sec. 8120. Of the amounts provided in title II of this Act under the
    heading, ``Operation and Maintenance, Defense-Wide'', $20,000,000 is
    available for the Regional Defense Counter-terrorism Fellowship Program,
    to fund the education and training of foreign military officers,
    ministry of defense civilians, and other foreign security officials, to
    include United States military officers and

    [[Page 1100]]
    117 STAT. 1100

    civilian officials whose participation directly contributes to the
    education and training of these foreign students.
    Sec. 8121. (a) Exchange Required.--In [NOTE: 16 USC 410aaa-56
    note, 431 note.] 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. 8122. None of the funds appropriated or made available in this
    Act shall be used to reduce or disestablish the operation of the 53rd
    Weather Reconnaissance Squadron of the Air Force Reserve, if such action
    would reduce the WC-130 Weather Reconnaissance mission below the levels
    funded in this Act: Provided, That the Air Force shall allow the 53rd
    Weather Reconnaissance

    [[Page 1101]]
    117 STAT. 1101

    Squadron to perform other missions in support of national defense
    requirements during the non-hurricane season.
    Sec. 8123. The Secretary of the Air Force shall convey, without
    consideration, to the Inland Valley Development Agency all right, title,
    and interest of the United States in and to certain parcels of real
    property, including improvements thereon, located in San Bernardino,
    California, that consist of approximately 39 acres and are leased, as of
    June 1, 2003, by the Secretary to the Defense Finance and Accounting
    Service. The conveyance shall be subject to the condition that the
    Inland Valley Development Agency and the Director of the Defense Finance
    and Accounting Service enter into a lease-back agreement, acceptable to
    the Director, for premises required by the Director for support
    operations conducted by the Defense Finance and Accounting Service.
    Sec. 8124. Notwithstanding the provisions of section 2401 of title
    10, United States Code, the Secretary of the Navy is authorized to enter
    into a contract for the charter for a period through fiscal year 2008,
    of the vessel, RV CORY CHOUEST (United States Official Number 933435) in
    support of the Surveillance Towed Array Sensor (SURTASS) program:
    Provided, That funding for this lease shall be from within funds
    provided in this Act and future appropriations Acts.
    Sec. 8125. In addition to the amounts appropriated or otherwise made
    available elsewhere in this Act, and notwithstanding any other provision
    of law, $17,000,000 is hereby appropriated to ``Operation and
    Maintenance, Army'', to remain available until September 30, 2004, to be
    available only for a grant in the amount of $17,000,000 to the Silver
    Valley Unified School District, Silver Valley, California, for the
    purpose of school construction at Fort Irwin, California.
    Sec. 8126. (a) The total amount appropriated or otherwise made
    available in titles II, III, and IV of this Act is hereby reduced by
    $1,662,000,000 to reflect savings from outsourcing, management
    efficiencies, and revised economic assumptions, to be distributed as
    follows:
    ``Title II'', $554,000,000;
    ``Title III'', $554,000,000; and
    ``Title IV'', $554,000,000.

    (b) The Secretary of Defense shall allocate this reduction
    proportionately to each budget activity, activity group, subactivity
    group, and each program, project, and activity within each applicable
    appropriation account: Provided, That appropriations made available in
    this Act for the pay and benefits of military personnel are exempt from
    reductions under this provision.

    (including transfer of funds)

    Sec. 8127. (a) The amount appropriated in title II for ``Operation
    and Maintenance, Air Force'' is hereby reduced by $451,000,000 to
    reflect cash balance and rate stabilization adjustments in the
    Department of Defense Transportation Working Capital Fund.
    (b) [NOTE: Deadline.] Not later than 60 days after the date of the
    enactment of this Act, the Secretary of Defense shall transfer
    $451,000,000 from the Department of Defense Transportation Working
    Capital Fund to ``Operation and Maintenance, Air Force'' to offset the
    reduction made by subsection (a). The transfer required by this
    subsection

    [[Page 1102]]
    117 STAT. 1102

    is in addition to any other transfer authority provided to the
    Department of Defense.

    (rescission)

    Sec. 8128. Of the funds made available in chapter 3 of title I of
    the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law
    108-11), under the heading ``Iraq Freedom Fund'', $3,490,000,000 are
    hereby rescinded.
    Sec. 8129. Of the total amount appropriated by this Act under the
    heading ``Operation and Maintenance, Defense-Wide'', the 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. 7703a) 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.
    Sec. 8130. None of the funds appropriated or otherwise made
    available by this Act may be used to implement any amendment or revision
    of, or cancel, the Department of Defense Directive 1344.7, ``Personal
    Commercial Solicitation on DoD Installations'', until 90 days following
    the date the Secretary of Defense submits to Congress notice of the
    amendment, revision or cancellation, and the reasons therefore.
    Sec. 8131. (a) Notwithstanding any other provision of law, none of
    the funds appropriated or otherwise made available in this or any other
    Act may be obligated for the Terrorism Information Awareness Program:
    Provided, That this limitation shall not apply to the program hereby
    authorized for Processing, analysis, and collaboration tools for
    counterterrorism foreign intelligence, as described in the Classified
    Annex accompanying the Department of Defense Appropriations Act, 2004,
    for which funds are expressly provided in the National Foreign
    Intelligence Program for counterterrorism foreign intelligence purposes.
    (b) None of the funds provided for Processing, analysis, and
    collaboration tools for counterterrorism foreign intelligence shall be
    available for deployment or implementation except for:
    (1) lawful military operations of the United States
    conducted outside the United States; or
    (2) lawful foreign intelligence activities conducted wholly
    overseas, or wholly against non-United States citizens.

    (c) In this section, the term ``Terrorism Information Awareness
    Program'' means the program known either as Terrorism Information
    Awareness or Total Information Awareness, or any successor program,
    funded by the Defense Advanced Research Projects Agency, or any other
    Department or element of the Federal Government, including the
    individual components of such Program developed by the Defense Advanced
    Research Projects Agency.
    Sec. 8132. (a) Closure of Naval Station Roosevelt Roads, Puerto
    Rico.--Notwithstanding [NOTE: Deadline.] any other provision of law,
    the Secretary of the Navy shall close Naval Station Roosevelt Roads,
    Puerto Rico, no later than 6 months after enactment of this Act.

    (b) Implementation.--The closure provided for in subsection (a), and
    subsequent disposal, shall be carried out in accordance with the
    procedures and authorities contained in the Defense Base

    [[Page 1103]]
    117 STAT. 1103

    Closure and Realignment Act of 1990 (title XXIX of Public Law 101-510;
    10 U.S.C. 2687 note).
    (c) Office of Economic Adjustment Activities.--Notwithstanding any
    other provision of law, the Office of Economic Adjustment of the
    Department of Defense may make grants and supplement other Federal funds
    using funds made available by this Act under the heading ``Operation and
    Maintenance, Defense-Wide'', and the projects so supported shall be
    considered to be authorized by law.
    Sec. 8133. Up to $2,000,000 of the funds appropriated by this Act
    under the heading, ``Operation and Maintenance, Army'', may be made
    available to contract for services required to solicit non-Federal
    donations to support construction and operation of the United States
    Army Museum at Fort Belvoir, Virginia: Provided, That notwithstanding
    any other provision of law, the Army is authorized to receive future
    payments in this or the subsequent fiscal year from any non-profit
    organization chartered to support the United States Army Museum to
    reimburse amounts expended by the Army pursuant to this section:
    Provided further, That any reimbursements received pursuant to this
    section shall be merged with ``Operation and Maintenance, Army'' and
    shall be made available for the same purposes and for the same time
    period as that appropriation account.
    Sec. 8134. Designation of America's National World War II Museum.
    (a) Findings.--Congress makes the following findings:
    (1) The National D-Day Museum, operated in New Orleans,
    Louisiana by an educational foundation, has been established
    with the vision ``to celebrate the American Spirit''.
    (2) The National D-Day Museum is the only museum in the
    United States that exists for the exclusive purpose of
    interpreting the American experience during the World War II
    years (1939-1945) on both the battlefront and the home front
    and, in doing so, covers all of the branches of the Armed Forces
    and the Merchant Marine.
    (3) The National D-Day Museum was founded by the preeminent
    American historian, Stephen E. Ambrose, as a result of a
    conversation with President Dwight D. Eisenhower in 1963, when
    the President and former Supreme Commander, Allied Expeditionary
    Forces in Europe, credited Andrew Jackson Higgins, the chief
    executive officer of Higgins Industries in New Orleans, as the
    ``man who won the war for us'' because the 12,000 landing craft
    designed by Higgins Industries made possible all of the
    amphibious invasions of World War II and carried American
    soldiers into every theatre of the war.
    (4) The National D-Day Museum, since its grand opening on
    June 6, 2000, the 56th anniversary of the D-Day invasion of
    Normandy, has attracted nearly 1,000,000 visitors from around
    the world, 85 percent of whom have been Americans from across
    the country.
    (5) American World War II veterans, called the ``greatest
    generation'' of the Nation, are dying at the rapid rate of more
    than 1,200 veterans each day, creating an urgent need to
    preserve the stories, artifacts, and heroic achievements of that
    generation.

    [[Page 1104]]
    117 STAT. 1104

    (6) The United States has a need to preserve forever the
    knowledge and history of the Nation's most decisive achievement
    in the 20th century and to portray that history to citizens,
    visitors, and school children for centuries to come.
    (7) Congress, recognizing the need to preserve this
    knowledge and history, appropriated funds in 1992 to authorize
    the design and construction of The National D-Day Museum in New
    Orleans to commemorate the epic 1944 Normandy invasion, and
    subsequently appropriated additional funds in 1998, 2000, 2001,
    2002, and 2003 to help expand the exhibits in the museum to
    include the D-Day invasions in the Pacific Theatre of Operations
    and the other campaigns of World War II.
    (8) The State of Louisiana and thousands of donors and
    foundations across the country have contributed millions of
    dollars to help build this national institution.
    (9) The Board of Trustees of The National D-Day Museum is
    national in scope and diverse in its makeup.
    (10) The World War II Memorial now under construction on the
    National Mall in Washington, the District of Columbia, will
    always be the memorial in our Nation where people come to
    remember America's sacrifices in World War II, while The
    National D-Day Museum will always be the museum of the American
    experience in the World War II years (1939-1945), where people
    come to learn about Americans' experiences during that critical
    period, as well as a place where the history of our Nation's
    monumental struggle against worldwide aggression by would-be
    oppressors is preserved so that future generations can
    understand the role the United States played in the preservation
    and advancement of democracy and freedom in the middle of the
    20th century.
    (11) The National D-Day Museum seeks to educate a diverse
    group of audiences through its collection of artifacts,
    photographs, letters, documents, and first-hand personal
    accounts of the participants in the war and on the home front
    during one of history's darkest hours.
    (12) The National D-Day Museum is devoted to the combat
    experience of United States citizen soldiers in all of the
    theatres of World War II and to the heroic efforts of the men
    and women on the home front who worked tirelessly to support the
    troops and the war effort.
    (13) The National D-Day Museum continues to add to and
    maintain one of the largest personal history collections in the
    United States of the men and women who fought in World War II
    and who served on the home front.
    (14) No other museum describes as well the volunteer spirit
    that arose throughout the United States and united the country
    during the World War II years.
    (15) The National D-Day Museum is engaged in a 250,000
    square foot expansion to include the Center for the Study of the
    American Spirit, an advanced format theatre, and a new United
    States pavilion.
    (16) The planned ``We're All in this Together'' exhibit will
    describe the role every State, commonwealth, and territory
    played in World War II, and the computer database and software
    of The National D-Day Museum's educational program

    [[Page 1105]]
    117 STAT. 1105

    will be made available to the teachers and school children of
    every State, commonwealth, and territory.
    (17) The National D-Day Museum is an official Smithsonian
    affiliate institution with a formal agreement to borrow
    Smithsonian artifacts for future exhibitions.
    (18) Le Memorial de Caen in Normandy, France has formally
    recognized The National D-Day Museum as its official partner in
    a Patriotic Alliance signed on October 16, 2002, by both
    museums.
    (19) The official Battle of the Bulge museums in Luxembourg
    and the American Battlefield Monuments Commission are already
    collaborating with The National D-Day Museum on World War II
    exhibitions.
    (20) For all of these reasons, it is appropriate to
    designate The National D-Day Museum as ``America's National
    World War II Museum''.

    (b) Purposes.--The purposes of this section are, through the
    designation of The National D-Day Museum as ``America's National World
    War II Museum'', to express the United States Government's support for--
    (1) the continuing preservation, maintenance, and
    interpretation of the artifacts, documents, images, and history
    collected by the museum;
    (2) the education of the American people as to the American
    experience in combat and on the home front during the World War
    II years, including the conduct of educational outreach programs
    for teachers and students throughout the United States;
    (3) the operation of a premier facility for the public
    display of artifacts, photographs, letters, documents, and
    personal histories from the World War II years (1939-1945);
    (4) the further expansion of the current European and
    Pacific campaign exhibits in the museum, including the Center
    for the Study of the American Spirit for education; and
    (5) ensuring the understanding by all future generations of
    the magnitude of the American contribution to the Allied victory
    in World War II, the sacrifices made to preserve freedom and
    democracy, and the benefits of peace for all future generations
    in the 21st century and beyond.

    (c) Designation of ``America's National World War II Museum''.--The
    National D-Day Museum, New Orleans, Louisiana, is designated as
    ``America's National World War II Museum''.
    Sec. 8135. Native American Veteran Housing Loans. (a) Title I of
    Division K of the Consolidated Appropriations Resolution, 2003 (Public
    Law 108-7) is amended by striking out ``expenses: Provided, That no new
    loans in excess of $5,000,000 may be made in fiscal year 2003.'' from
    the paragraph under the heading ``Native American Veteran Housing Loan
    Program Account'' and inserting in lieu thereof ``expenses.''.
    (b) [NOTE: Effective date.] The amendment made by subsection (a)
    of this section is effective on the date of the enactment of Public Law
    108-7, February 20, 2003.

    Sec. 8136. None of the funds appropriated in this Act shall be used
    to study, demonstrate, or implement any plans privatizing, divesting or
    transferring of any Civil Works missions, functions, or responsibilities
    for the United States Army Corps of Engineers

    [[Page 1106]]
    117 STAT. 1106

    to other government agencies without specific direction in a subsequent
    Act of Congress.
    Sec. 8137. None of the funds provided in this Act may be used to pay
    any fee charged by the Department of State for the purpose of
    constructing new United States diplomatic facilities.
    Sec. 8138. (a) [NOTE: 10 USC 2532 note.] The Secretary of
    Defense--
    (1) shall review--
    (A) contractual offset arrangements to which the
    policy established under section 2532 of title 10,
    United States Code, applies that are in effect on the
    date of the enactment of this Act;
    (B) memoranda of understanding and related
    agreements to which the limitation in section 2531(c) of
    such title applies that have been entered into with a
    country with respect to which such contractual offset
    arrangements have been entered into and are in effect on
    such date; and
    (C) waivers granted with respect to a foreign
    country under section 2534(d)(3) of title 10, United
    States Code, that are in effect on such date; and
    (2) shall determine the effects of the use of such
    arrangements, memoranda of understanding, agreements, and
    waivers on the national technology and industrial base.

    (b) [NOTE: Reports. Deadline.] The Secretary shall submit a report
    on the results of the review under subsection (a) to Congress not later
    than March 1, 2005. The report shall include a discussion of each of the
    following:
    (1) The effects of the contractual offset arrangements on
    specific subsectors of the industrial base of the United States
    and what actions have been taken to prevent or ameliorate any
    serious adverse effects on such subsectors.
    (2) The extent, if any, to which the contractual offset
    arrangements and memoranda of understanding and related
    agreements have provided for technology transfer that would
    significantly and adversely affect the national technology and
    industrial base.
    (3) The extent to which the use of such contractual offset
    arrangements is consistent with--
    (A) the limitation in section 2531(c) of title 10,
    United States Code, that prohibits implementation of a
    memorandum of understanding and related agreements if
    the President, taking into consideration the results of
    the interagency review, determines that such memorandum
    of understanding or a related agreement has or is likely
    to have a significant adverse effect on United States
    industry that outweighs the benefits of entering into or
    implementing such memorandum or agreement; and
    (B) the requirements under section 2534(d) of such
    title that--
    (i) a waiver granted under such section not
    impede cooperative programs entered into between
    the Department of Defense and a foreign country
    and not impede the reciprocal procurement of
    defense items that is entered into in accordance
    with section 2531 of such title; and

    [[Page 1107]]
    117 STAT. 1107

    (ii) the country with respect to which the
    waiver is granted not discriminate against defense
    items produced in the United States to a greater
    degree than the United States discriminates
    against defense items produced in that country.

    (c) The Secretary shall submit to the President any recommendations
    regarding the use or administration of contractual offset arrangements
    and memoranda of understanding and related agreements referred to in
    subsection (a) that the Secretary considers an appropriate response to
    the findings resulting from the Secretary's review.
    Sec. 8139. It is the sense of the Senate that--
    (1) any request for funds for a fiscal year for an ongoing
    overseas military operation, including operations in Afghanistan
    and Iraq, should be included in the annual budget of the
    President for such fiscal year as submitted to Congress under
    section 1105(a) of title 31, United States Code; and
    (2) any funds provided for such fiscal year for such a
    military operation should be provided in appropriations Acts for
    such fiscal year through appropriations to specific accounts set
    forth in such Acts.

    Sec.  8140. Study Regarding Mail Delivery in the Middle East. (a)
    Study.--The Comptroller General of the United States shall conduct a
    review of the delivery of mail to troops in the Middle East and the
    study should:
    (1) Determine delivery times, reliability, and losses for
    mail and parcels to and from troops stationed in the Middle
    East.
    (2) Identify and analyze mail and parcel delivery service
    efficiency issues during Operations Desert Shield/Desert Storm,
    compared to such services which occurred during Operation Iraqi
    Freedom.
    (3) Identify cost efficiencies and benefits of alternative
    delivery systems or modifications to existing delivery systems
    to improve the delivery times of mail and parcels.

    (b) Report.--Not [NOTE: Deadline.] later than 60 days after the
    date of enactment of this Act, the Comptroller General of the United
    States shall submit a report to the congressional defense committees on
    their findings and recommendations.

    Sec. 8141. (a) Limitation on Use of Funds.--Notwithstanding any
    other provision of law, no funds appropriated or otherwise made
    available by this Act may be obligated or expended to decommission a
    Naval or Marine Corps Reserve aviation squadron until the report
    required by subsection (b) is submitted to the committees of Congress
    referred to in that subsection.
    (b) Report on Navy and Marine Corps Tactical Aviation
    Requirements.--
    (1) [NOTE: Deadline.] Not later than February 1, 2004, the
    Comptroller General of the United States shall submit to the
    congressional defense committees a report on the requirements of
    the Navy and the Marine Corps for tactical aviation, including
    mission requirements, recapitalization requirements, and the
    role of Naval and Marine Corps Reserve assets in meeting such
    requirements.
    (2) The report shall include the recommendations of the
    Comptroller General on an appropriate force structure for the
    active and reserve aviation units of the Navy and the Marine

    [[Page 1108]]
    117 STAT. 1108

    Corps, and related personnel requirements, for the 10-year
    period beginning on the date of the report.

    Sec. 8142. The Secretary of the Air Force, in consultation with the
    Chief of Air Force Reserve, shall study the mission of the 932nd Airlift
    Wing, Scott Air Force Base, Illinois, and evaluate whether it would be
    appropriate to substitute for that mission a mixed mission of
    transporting patients, passengers, and cargo that would increase the
    airlift capability of the Air Force while continuing the use and
    training of aeromedical evacuation
    personnel. [NOTE: Reports. Deadline.] The Secretary shall submit a
    report on the results of the study and evaluation to the congressional
    defense committees not later than January 16, 2004.

    Sec. 8143. Reports on Safety Issues Due to Defective Parts. (a)
    Report from the Secretary.--The [NOTE: Deadline.] Secretary shall by
    March 31, 2004, examine and report back to the congressional defense
    committees on--
    (1) how to implement a system for tracking safety-critical
    parts so that parts discovered to be defective, including due to
    faulty or fraudulent work by a contractor or subcontractor, can
    be identified and found;
    (2) appropriate standards and procedures to ensure timely
    notification of contracting agencies and contractors about
    safety issues including parts that may be defective, and whether
    the Government Industry Data Exchange Program should be made
    mandatory;
    (3) efforts to find and test airplane parts that have been
    heat treated by companies alleged to have done so improperly;
    and
    (4) whether contracting agencies and contractors have been
    notified about alleged improper heat treatment of airplane
    parts.

    (b) Report from the Comptroller General.--The Comptroller General
    shall examine and report back to the congressional defense committees
    on--
    (1) the oversight of subcontractors by prime contractors,
    and testing and quality assurance of the work of the
    subcontractors; and
    (2) the oversight of prime contractors by the Department,
    the accountability of prime contractors for overseeing
    subcontractors, and the use of enforcement mechanisms by the
    Department.

    Sec. 8144. Section 8149(b) of the Department of Defense
    Appropriations Act, [NOTE: 10 USC 2784 note.] 2003 (Public Law 107-
    248; 116 Stat. 1572) is amended by adding at the end the following new
    paragraph:

    ``(3) This subsection shall remain in effect for fiscal year
    2004.''.
    Sec. 8145. (a) The Secretary of the Navy shall transfer by gift
    under section 7306 of title 10, United States Code, the Sturgeon Class
    submarine NARWHAL (SSN-671) to the National Submarine Science Discovery
    Center, Newport, Kentucky, upon receipt of an application for donation
    of such vessel to the Center that is satisfactory to the Secretary.
    (b) Before transferring the submarine as required under subsection
    (a), the Secretary shall remove the nuclear reactor compartment and the
    other classified or otherwise sensitive military equipment of the
    submarine.
    (c) Subsection (c) of section 7306 of title 10, United States Code,
    does not apply to the cost of carrying out subsection (b)

    [[Page 1109]]
    117 STAT. 1109

    of this section, any other cost of dismantling the submarine, and the
    cost of any recycling or disposal of equipment and materiel removed from
    the submarine before transfer.
    (d) Subsection (d) of section 7306 of title 10, United States Code,
    does not apply to the transfer required under subsection (a).
    Sec. 8146. Fiscal Year 2004 Exemption for Certain Members of the
    Armed Forces From Requirement to Pay Subsistence Charges While
    Hospitalized. (a) In General.--Section 1075 of title 10, United States
    Code, is amended--
    (1) by inserting ``(a) In General.--'' before ``When''; and
    (2) by striking the second sentence and inserting the
    following:

    ``(b) Exceptions.--Subsection (a) shall not apply to any of the
    following:
    ``(1) An enlisted member, or former enlisted member, of a
    uniformed service who is entitled to retired or retainer pay or
    equivalent pay.
    ``(2) An officer or former officer of a uniformed service,
    or an enlisted member or former enlisted member of a uniformed
    service not described in paragraph (1), who is hospitalized
    under section 1074 because of an injury incurred (as determined
    under criteria prescribed by the Secretary of Defense)--
    ``(A) as a direct result of armed conflict;
    ``(B) while engaged in hazardous service;
    ``(C) in the performance of duty under conditions
    simulating war; or
    ``(D) through an instrumentality of war.

    ``(c) Applicability.--The exception provided in paragraph (2) of
    subsection (b) shall apply only during fiscal year 2004.''.
    (b) Effective Date.--Subsections [NOTE: 10 USC 1075 note.] (b) and
    (c) of section 1075 of title 10, United States Code, as added by
    subsection (a), shall take effect on October 1, 2003, and apply with
    respect to injuries incurred before, on, or after that date.

    This Act may be cited as the ``Department of Defense Appropriations
    Act, 2004''.

    Approved September 30, 2003.

    LEGISLATIVE HISTORY--H.R. 2658 (S. 1382):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: Nos. 108-187 (Comm. on Appropriations) and 108-283
    (Comm. of Conference).
    SENATE REPORTS: No. 108-87 accompanying S. 1382 (Comm. on
    Appropriations).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    July 8, considered and passed House.
    July 14-17, considered and passed Senate, amended.
    Sept. 24, House agreed to conference report.
    Sept. 25, Senate agreed to conference report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    Sept. 30, Presidential statement.