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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
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