[108th Congress Public Law 87]
[From the U.S. Government Printing Office]
[DOCID: f:publ087.108]
[[Page 1053]]
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2004
[[Page 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 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 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
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 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
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 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 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
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 117 STAT. 1060]]
Environmental Restoration, Army
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
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
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 117 STAT. 1061]]
Environmental Restoration, Defense-Wide
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
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 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 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 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 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 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 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 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 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
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 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
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 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.
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 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. (transfer of
funds)>> 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.
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 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 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 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.
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 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 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.
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 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 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 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.
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.
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 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 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 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.
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 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 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. (transfer of funds)>> 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.
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 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. <<NOTE: 10 USC 2521 note.>> None of the funds in this Act
may be used to purchase any supercomputer which is not manufactured in
the United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must be made
in order to acquire capability for national security purposes that is
not available from United States manufacturers.
Sec. 8062. Notwithstanding any other provision of law, the Naval
shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this
or any other Act or hereafter in any other Act.
Sec. 8063. Notwithstanding any other provision of law, each contract
awarded by the Department of Defense during the current fiscal year for
construction or service performed in whole or in part in a State (as
defined in section 381(d) of title 10, United States Code) which is not
contiguous with another State and has an unemployment rate in excess of
the national average rate of unemployment as determined by the Secretary
of Labor, shall include a provision requiring the contractor to employ,
for the purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who are residents
of such State and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills: Provided, That
the Secretary of Defense may waive the requirements of this section, on
a case-by-case basis, in the interest of national security.
Sec. 8064. None of the funds made available in this or any other Act
may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of another
Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8065. (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding <<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 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 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.
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 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 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 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 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 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.
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 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. (including transfer of funds)>> 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 117 STAT. 1095]]
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.
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.
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 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 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 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.
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 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.
Sec. 8117. 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 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 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.
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 117 STAT. 1102]]
is in addition to any other transfer authority provided to the
Department of Defense.
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 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 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 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 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 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 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 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.
<all>