Summary: S.1382 — 108th Congress (2003-2004)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to Senate without amendment (07/09/2003)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Department of Defense Appropriations Act, 2004 - Title I: Military Personnel - Appropriates funds for FY 2004 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY 2004 for operation and maintenance (O&M) of the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) overseas contingency operations; (2) the United States Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, and Air Force and defense-wide; (4) environmental restoration at formerly used defense sites; (5) overseas humanitarian, disaster, and civic aid; and (6) former Soviet Union threat reduction.

Title III: Procurement - Appropriates funds for FY 2004 for procurement by the armed forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. Appropriates funds for: (1) defense-wide procurement; (2) National Guard and reserve equipment; and (3) certain procurements under the Defense Production Act of 1950.

Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY 2004 for research, development, test and evaluation (RDT&E) by the armed forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.

Title V: Revolving and Management Funds - Appropriates funds for FY 2004 for the Defense Working Capital funds and programs under the National Defense Sealift Fund.

Title VI: Other Department of Defense Programs - Appropriates funds for: (1) Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.

Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; (3) payment to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Fund; and (4) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund).

Title VIII: General Provisions - Sets forth authorized, restricted, and prohibited uses of appropriated funds.

(Sec. 8008) Authorizes procurement funds to be used for multiyear procurement contracts for: (1) C-130 aircraft; (2) F/A-18E and F engines; (3) F/A-18 aircraft; (4) E-2C aircraft; and (5) a Virginia Class submarine.

(Sec. 8010) Prohibits, during FY 2004, the management by end strengths of DOD civilian personnel.

(Sec. 8018) Authorizes the Secretary of Defense (Secretary) to establish, with host governments of NATO-member countries, an account for the deposit of residual amounts negotiated in the return of U.S. military installations to such countries.

(Sec. 8027) Authorizes DOD to incur obligations of up to $350 million for DOD military personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait.

(Sec. 8029) Prohibits the use of funds from this Act to establish a new DOD federally funded research and development center (FFRDC). Limits the Federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY 2004 FFRDC funds for new building construction, cost-sharing payments for projects funded by Government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY 2004 funds. Reduces by $50 million the total amount appropriated in this Act for FFRDCs.

(Sec. 8030) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.

(Sec. 8033) Requires the Secretary to report to Congress on the amount of DOD purchases from foreign entities in FY 2003.

(Sec. 8036) Directs the President to include within each fiscal year budget the amounts requested for administrative activities of DOD, the military departments, and the defense agencies.

(Sec. 8039) Authorizes the Secretary of the Air Force to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield program to resolve any housing unit conflicts arising after such conveyance.

(Sec. 8044) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities.

(Sec. 8045) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea, unless specifically appropriated for such purpose; (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level; or (5) to transport chemical munitions to the Johnston Atoll for storage or demilitarization (with an exception and an authorized wartime waiver by the President).

(Sec. 8048) Authorizes the Secretary of the Navy to lease real and personal property at the Adak Naval Air Facility, Alaska.

(Sec. 8049) Rescinds specified funds from various accounts under prior defense appropriations Acts.

(Sec. 8055) Directs the Secretary to certify to Congress that the total renovation costs for wedges 2 through 5 of the Pentagon Reservation, cumulatively, will not exceed four times the total renovation cost of wedge 1. Authorizes an annual cost inflation adjustment. Excludes certain costs under such limitation, including costs necessary as a result of the terrorist attack on the Pentagon. Requires certification reports until all renovation is completed.

(Sec. 8057) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency for drug interdiction and counter-drug activities.

(Sec. 8065) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.

(Sec. 8066) Authorizes the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees.

(Sec. 8075) Prohibits the use of appropriated funds for approving the license or sale of the F-22 advanced tactical fighter to any foreign government.

(Sec. 8076) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.

(Sec. 8077) Prohibits the use of appropriated funds to support a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).

(Sec. 8078) Authorizes the Secretary to carry out a program to distribute surplus dental equipment to Indian health service facilities and federally-qualified health centers.

(Sec. 8082) Prohibits the obligation or expenditure of appropriated funds for either the Office of the Under Secretary of Defense for Intelligence or for clandestine military activities until after submission of a report to Congress as required in the classified annex to the Emergency Wartime Supplemental Appropriations Act, 2003.

(Sec. 8083) Provides for the crediting during the current fiscal year of certain refunds attributable to the use of Government travel or purchase cards or refunds for travel arranged by a Government-contracted travel management center.

(Sec. 8084) Prohibits appropriated funds from being used for a mission critical or mission essential financial management information technology system that is not registered with the DOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, until the Chief Information Officer certifies that the system is being developed in accordance with the Clinger-Cohen Act of 1996.

(Sec. 8086) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.

(Sec. 8087) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain youth, social, or fraternal non-profit organizations.

(Sec. 8094) Appropriates funds for transfer to the Coast Guard for mission essential equipment for HC-130J aircraft.

(Sec. 8095) Makes specified Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.

(Sec. 8096) Authorizes the Secretary of the Navy to settle any and all admiralty claims arising out of the collision involving the U.S.S. GREENEVILLE and the EHIME MARU.

(Sec. 8099) Appropriates funds to provide assistance to public schools that have unusually high concentrations of special needs military dependents enrolled, with special consideration with respect to overseas assignments.

(Sec. 8101) Earmarks specified appropriated funds to maintain an attrition reserve force of 18 B-52 aircraft. Directs the Secretary of the Air Force to maintain a total B-52 force of 94, including the 18 reserve, during FY 2004.

(Sec. 8102) Requires the Army to ensure that budgetary and programmatic plans will provide for no fewer than six Stryker Brigade Combat Teams to be fielded between 2003 and 2008.

(Sec. 8106) Appropriates funds to DOD for grants for: (1) Armed Forces Emergency Services; (2) the Fort Benning Infantry Museum; (3) the National Guard Youth Foundation; (4) renovation of the Broadway Armory, Chicago, Illinois; and (5) the National D-Day Museum.

(Sec. 8109) Requires each annual budget for FY 2005 and thereafter to include separate justification documents for the costs of U.S. military forces' participation in contingency operations for the military personnel accounts, the Overseas Contingency Operations Transfer Account, the O&M accounts, and the procurement accounts.

(Sec. 8110) Prohibits appropriated funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8112) Makes DOD Buy American requirements inapplicable to the procurement of any fish, shellfish, or seafood product during the current fiscal year.

(Sec. 8115) Earmarks certain O&M funds for the Regional Defense Counter-terrorism Fellowship Program.

(Sec. 8117) Designates the National D-Day Museum in New Orleans, Louisiana, as America's National World War II Museum.

(Sec. 8118) Removes a provision in the Consolidated Appropriations Resolution, 2003 which prohibits new Native American veteran housing loans in excess of $5 million from being made in FY 2003.

(Sec. 8119) Rescinds $3.157 billion of the funds made available for the Iraq Freedom Fund under the Emergency Wartime Supplemental Appropriations Act, 2003.

(Sec. 8120) Prohibits the use of any DOD funds on research and development on the Terrorism Information Awareness program. Prohibits the deployment or implementation of such program until the Secretary: (1) notifies Congress of its development; and (2) has received specific authorization by law from Congress for such deployment or implementation. Provides deployment or implementation exceptions. Expresses the sense of Congress that: (1) such program should not be used to develop technologies for conducting intelligence or law enforcement activities against U.S. persons without appropriate consultation with Congress or clear adherence to the protection of civil liberties and privacy; and (2) the primary purpose of the Defense Advanced Research Projects Agency is to support lawful activities of DOD and national security programs.

(Sec. 8121) Reduces by $125 million the total amount appropriated in this Act, to limit excessive growth in the procurement of advisory and assistance services.