H.Amdt. 597House108th Congress (2003-2005)
Amendments en bloc consisting of technical amendments and amendments seeking to add new sections to the bill.
Sponsored by 
Rep. Jerry Lewis (R-CA)
Rep. Jerry Lewis (R-CA)Submitted June 22, 2004
Description
Amendments en bloc require the Secretary of Defense to provide a report to Congress that addresses how the Department is improving the dud rate of cluster munitions to meet existing DoD policies; requires that the Secretary notify Congress before assistance is provided to the Iraqi and Afghanistani military or security forces; requires that the Secretary provide to Congress a list of all contracts entered into by the DoD for the provision of security, translation, and interrogation services in Iraq, Afghanistan, or Guantanamo Bay and the amount of each contract; prohibits the use of funds for any contract in contravention of the Small Business Act; and makes technical corrections to the bill.
Text
Offered
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005
The Committee resumed its sitting.
Amendment Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Ms. Jackson-Lee of Texas:
Page 33, line 19, after the dollar amount insert the
following: ``(reduced by $10,000,000)''.
Page 35, lines 20 and 21, after the dollar amounts insert
the following: ``(increased by $10,000,000)''.
Ms. JACKSON-LEE of Texas (during the reading). Mr. Chairman, I ask
unanimous consent that the amendment be considered as read and printed
in the Record.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Texas?
There was no objection.
Ms. JACKSON-LEE of Texas. Mr. Chairman, to the chairman of the
subcommittee, first of all, let me add my appreciation as well for the
years of service that we can count on Members with his kind of
commitment to do their very best, and we thank him very much. As usual
as well, let me add my appreciation to the gentleman from Pennsylvania
(Mr. Murtha), who has not only been both committed and dedicated with
his expertise but has been forthright in some of the very difficult
times that we have faced over the last 2 years.
9/11 changed America. It changed the way we wage wars. It changed the
way we dealt with conflicts. And as we have seen over the last 2 years,
it seemed the number of service personnel that we have utilized in
conflicts in Afghanistan and Iraq in particular. Over the last year, we
have seen a number of statistics that frighten and concern us.
[[Page H4708]]
One, the question and debate about whether or not we need more
personnel both in Afghanistan and Iraq, continuing debate about whether
we should have a draft or continue in the volunteer army as we have,
the continuing debate about Reservists and National Guard.
But one thing glares very loudly, and that is the high degree of
suicides in the war of Iraq, the terrible tragedies that have occurred
in some of our Reservists or returning soldiers who have come home.
Mr. MURTHA. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Chairman, we know she has been at the forefront of
this issue. We know that so many service people have been affected by
the fact they have been overseas, and then they come home, and in the
bill last year we said when they come home, each person has to be
counseled. We found that they have not been counseled. The gentlewoman
from Connecticut (Ms. DeLauro) has some language, which the chairman
accepted, in mental health and the same type of thing. What the
gentlewoman is trying to do we agree with completely. If the
gentlewoman will withdraw her amendment, we will do everything we can
to make sure this gets done.
Ms. JACKSON-LEE of Texas. Mr. Chairman, reclaiming my time, let me
thank him very much.
As I was saying, the number of suicides and the number of family
incidences that have occurred by our Reservists and others indicate,
Mr. Chairman, that this need for mental health services is very
important. I would only say that representing a veterans hospital, I
can assure him that the need for increased dollars there be to treat
veterans is important. I would look forward then to working with him on
the mental health resources. I appreciate the language that has been
put on by the gentlewoman from Connecticut (Ms. DeLauro).
As a Chair of the Children's Caucus, let me say that we have dealt
with mental health issues. What greater population is impacted than
families? Women and children were impacted by this when returning.
Soldiers come home, and might I say women, men, and children because,
as we know, men and women come home from the conflict.
I would like to be able to withdraw this amendment with the
understanding, of course, and working with the chairman on this idea
that mental health is part of defense, mental health for our personnel
is part of defense, and I hope that we will be able to work on adding
new resources for that.
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Texas?
There was no objection.
Amendment Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Ms. Jackson-Lee of Texas:
Page 33, line 19, insert after the dollar amount the
following: ``(reduced by $10,000,000)''.
Page 129, line 7, insert after the dollar amount the
following: ``(increased by $10,000,000)''.
Ms. JACKSON-LEE of Texas. Mr. Chairman, this issue speaks
particularly to comments made earlier on the floor today, and I again
add my appreciation to the chairman of the Defense Subcommittee of the
Committee on Appropriations and as well the ranking member, and I add
my appreciation to the Foreign Operations, Export Financing and Related
Programs Subcommittee. All of them worked very hard on this issue, and
that is of course the terrible tragedy that is going on in Darfur in
Sudan. We do know that right now there are negotiations and a final
peace treaty dealing with the western part of Sudan. There are
negotiations and settlement going on in Kenya. But we also recognize
those of us who are concerned on human rights and the needs of children
around the world of the terrible tragedy and displacement of the black
Muslims in the Sudan.
Four hundred thousand moving to Chad; some 30,000 a day dying. We
appreciate the $95 million that has been placed in this defense bill,
but let me add why I would like to add the extra $10 million.
We know that the Sudan is also where al Qaeda is both lodged and
festering. We also know that Sudan is a country that has faced
terrorism and has the elements of terrorists engaged or placed in their
country. While we try to establish humanitarian needs, I think it is
important that when we place humanitarian needs and resources there, we
help fight the terrorists. I want to make sure that we have the
necessary funds to the very penny to allow for the equipment to come in
that is necessary for potable water, for the villages that have been
pillaged and burned to be rebuilt, for the security forces to be there.
This is a crisis, and it is interesting to note that while we are
settling one aspect, we are in the crises in the eastern part of Sudan.
That is what these resources are for, and I would hope that my
colleagues will look favorably on an additional increase of dollars
that would take from the resources on the missile defense, which is
extremely hard and large, to help quell terrorism by going into the
homesite of al Qaeda and working with those who are trying to survive
and trying to restore their lives.
Mr. MURTHA. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Chairman, we certainly appreciate what she is saying.
We will take a look at it in conference, and I hope that the
gentlewoman would withdraw this amendment, but we will certainly take a
look at it.
I see exactly what she is talking about and we have that problem.
Sometimes we put humanitarian aid, and we do not have the resources to
get it to the people who really need it, and al Qaeda and the
terrorists actually use the money to their benefit. So I appreciate
what she is saying, and we will certainly take a look at this in
conference.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman for his
response.
Reclaiming my time, as the chairman well knows, Sudan has been a
hosting place for terrorists, but we are trying to help solve that
problem in Darfur, and I want to make sure that we have all the
resources we need.
Mr. LEWIS of California. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from California.
Mr. LEWIS of California. Mr. Chairman, we had quite a discussion in
the full committee regarding this matter. The problem in Sudan is very
real, and we are going to do everything we can to work with the
gentlewoman. I appreciate not just her expressing her concern but
helping us with this very serious difficulty.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank both the chairman and
the ranking member for their comments.
I also want to make mention my greatest appreciation for the Foreign
Operations, Export Financing and Related Programs Subcommittee and note
that the Members that were already mentioned on the floor of the House
have worked on this issue. I add my appreciation with that and being
able to work with the conference committee, recognizing that all is not
well in Sudan, all is not well with the government, and nothing is
perfect, but that if we can be one small measure of fighting against
terrorism but helping innocent people, we should do so. With that, and
working with the conference committee and the ranking member and the
chairman, I will withdraw this amendment.
Mr. Chairman, I rise today to introduce an amendment calling for an
extra $10,000,000 in funds to be provided to the ``International
Disaster and Famine Assistance'' Account. I request this increase for
one simple reason, I feel we need more funds set aside for potential
international catastrophes or famines. Although the current allocation
of $70,000,000 is noble, I feel more can and should be done.
We as a nation are blessed with many gifts and attributes. We live in
a safe and stable environment where freedom is cherished. We as
Americans are immensely fortunate to live where we do. But we must not
take for granted all the wonderful things provided for us. We must not
forget that there are others in this world that are not as fortunate as
we are. There are others in this world that do not live in a society of
peace and security. We must be cognizant of those who are less
fortunate.
[[Page H4709]]
I feel that we, as the most advanced nation in the world, have some
sort of obligation to help those around us who have fallen on hard
times. At certain times a nation or a region faces such disastrous
circumstances that it is unable to provide its citizens the means to
survive. In times such as this we have an absolute obligation to lend a
helping hand and alleviate the pain and suffering of these peoples. And
this is the very obligation that the ``International Disaster and
Famine Relief'' account was set up to fulfill. And I repeat, I do
praise this account.
Unfortunately, I feel the current allocation of funding might not be
sufficient to accomplish our goal. I fear that if the current crises in
Chad and Sudan do not improve, or worsen, the current level of funding
might not be able to handle another large scale crisis development. We
must increase funding for this account so that we are able to support
the crises in Sudan, Chad, and other unforeseen events.
My amendment would pay for this increase by decreasing funds from the
Research, Development, Test and Evaluation Defense-Wide account by the
equal amount, offsetting all expenses. Opponents of my amendment will
argue that I am tapping into our Military's vital Research and
Development funds and weakening our future national defense and
security. They will argue that we must make every effort to ensure that
our military has the newest, most effective technology in the world.
And I agree with them in principle.
We as a nation must ensure our survival, through diplomacy, through
economic force, and if necessary through military might. But we must
also prioritize our spending. My amendment will take $10,000,000 out of
the account that funds research as the Star Wars program. It is in my
opinion that our money is much better spent alleviating international
disaster and famines than research a program such as Star Wars that
shows almost no chance of success. We have a choice; help alleviate
famine in the world or fund nonsensical research programs that will
amount to no more than a waste of money. My amendment would help to
ensure that we have plenty of resources to help alleviate international
disaster and famines. Please support the Jackson-Lee amendment.
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Texas?
There was no objection.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
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, $309,135,000, to remain available for obligation
until September 30, 2006.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,174,210,000.
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, $1,186,626,000, 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.
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, $17,959,186,000, of which $17,148,069,000
shall be for Operation and maintenance, of which not to
exceed 2 percent shall remain available until September 30,
2006; of which $364,635,000, to remain available for
obligation until September 30, 2007, shall be for
Procurement; and of which $446,482,000, to remain available
for obligation until September 30, 2006, shall be for
Research, development, test and evaluation: Provided, That
notwithstanding any other provision of law, of the amount
made available under this heading for Operation and
maintenance, $11,000,000 shall remain available until
expended, and shall be available only for deposit into the
Army Fisher House Non-Appropriated Fund Instrumentality and
shall be used in support and upkeep of existing Fisher Houses
managed by the Army: Provided further, That notwithstanding
any other provision of law, of the amount made available
under this heading for Research, development, test and
evaluation, not less than $10,000,000 shall be available for
HIV prevention educational activities undertaken in
connection with U.S. military training, exercises, and
humanitarian assistance activities conducted primarily in
African nations: Provided further, That Title VI of the
Department of Defense Appropriations Act, 2004, in the
appropriation for the Defense Health Program, is amended by
adding before the period a comma and the following: ``and of
which not less than $4,250,000 shall be available for HIV
prevention educational activities undertaken in connection
with U.S. military training, exercises, and humanitarian
assistance activities conducted primarily in African
nations''.
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, $1,371,990,000, of which $1,138,801,000
shall be for Operation and maintenance to remain available
until September 30, 2006; $78,980,000 shall be for
Procurement to remain available until September 30, 2007;
$154,209,000 shall be for Research, development, test and
evaluation to remain available until September 30, 2006; and
no less than $137,404,000 may be for the Chemical Stockpile
Emergency Preparedness Program, of which $44,631,000 shall be
for activities on military installations and $92,773,000
shall be to assist State and local governments.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for Operation and
maintenance; for Procurement; and for Research, development,
test and evaluation, $876,697,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this
Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $193,562,000, of which
$191,362,000 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 $2,100,000, to
remain available until September 30, 2007, shall be for
Procurement; and of which $100,000, to remain available until
September 30, 2006, shall be for Research, development, test
and evaluation.
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,
$239,400,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community
Management Account, $309,644,000, of which $26,953,000 for
the Advanced Research and Development Committee shall remain
available until September 30, 2006: Provided, That of the
funds appropriated under this heading, $46,100,000 shall be
transferred to the Department of Justice for the National
Drug Intelligence
[[Page H4710]]
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, 2007 and $1,000,000 for Research, development,
test and evaluation shall remain available until September
30, 2006: Provided further, That the National Drug
Intelligence Center shall maintain the personnel and
technical resources to provide timely support to law
enforcement authorities and the intelligence community by
conducting document and computer exploitation of materials
collected in Federal, State, and local law enforcement
activity associated with counter-drug, counter-terrorism, and
national security investigations and operations.
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183,
$8,000,000, to be derived from the National Security
Education Trust Fund, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of
the fiscal year: Provided, That this section shall not apply
to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $3,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section must be made prior to June
30, 2005: Provided further, That transfers among military
personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may be
transferred under this section.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
Sec. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any 1 year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any 1 year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no
part of any appropriation contained in this Act shall be
available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 10-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
Lightweight 155mm Howitzer.
Sec. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2005, 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 2006 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2006 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 2006.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8011. 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.
Sec. 8012. None of the funds made available by this Act
shall be used in any way, directly
[[Page H4711]]
or indirectly, to influence congressional action on any
legislation or appropriation matters pending before the
Congress.
Sec. 8013. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member
of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to active
components of the Army.
Sec. 8014. (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;
(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; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(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 under the authority of, and in
compliance with, subsection (h) of section 2304 of title 10,
United States Code, for the competition or outsourcing of
commercial activities.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 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. Notwithstanding any other provision of law,
during the current fiscal year and hereafter, the Secretary
of Defense may, by executive agreement, establish with host
nation governments in NATO 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 subsequent fiscal years 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, 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 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.
[[Page H4712]]
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. Hereafter, 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. 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. 8026. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
(including transfer of funds)
Sec. 8027. (a) Of the funds made available in this Act, not
less than $24,822,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $21,722,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $2,300,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $800,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) 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. 8028. (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 2005 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 2005,
not more than 6,600 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That this
subsection shall not apply to staff years funded in the
National Foreign Intelligence Program (NFIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2006 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $40,000,000.
Sec. 8029. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, That the Secretary of the
military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8030. 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. 8031. 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. 8032. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2005. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8033. Appropriations contained in this Act that remain
available at the end of the current fiscal year, and at the
end of each fiscal year hereafter, as a result of energy cost
savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the
extent, and for the purposes, provided in section 2865 of
title 10, United States Code.
(including transfer of funds)
Sec. 8034. Amounts deposited during the current fiscal year
and hereafter 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. 8035. 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. 8036. Notwithstanding any other provision of law,
funds available during the current fiscal year and hereafter
for ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be obligated for the Young Marines program.
(including transfer of funds)
Sec. 8037. 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. 8038. (a) In General.--Notwithstanding any other
provision of law, the Secretary of the Air Force may convey
at no cost to the Air Force, without consideration, to Indian
tribes located in the States of North Dakota, South Dakota,
Montana, and
[[Page H4713]]
Minnesota relocatable military housing units located at Grand
Forks Air Force Base and Minot Air Force Base that are excess
to the needs of the Air Force.
(b) Processing of Requests.--The Secretary of the Air Force
shall convey, at no cost to the Air Force, military housing
units under subsection (a) in accordance with the request for
such units that are submitted to the Secretary by the
Operation Walking Shield Program on behalf of Indian tribes
located in the States of North Dakota, South Dakota, Montana,
and Minnesota.
(c) Resolution of Housing Unit Conflicts.--The Operation
Walking Shield Program shall resolve any conflicts among
requests of Indian tribes for housing units under subsection
(a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) Indian Tribe Defined.--In this section, the term
``Indian tribe'' means any recognized Indian tribe included
on the current list published by the Secretary of the
Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25
U.S.C. 479a-1).
Sec. 8039. 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. 8040. (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 2006 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2006 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 2006 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. 8041. 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, 2006: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for 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, 2006.
Sec. 8042. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8043. 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. 8044. (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. 8045. 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. 8046. (a) Except as provided in subsection (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to field operating agencies
funded within the National Foreign Intelligence Program.
Sec. 8047. Notwithstanding section 303 of Public Law 96-487
or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air
Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for
commercial, industrial or other purposes: Provided, That
notwithstanding any other provision of law, the Secretary of
the Navy may remove hazardous materials from facilities,
buildings, and structures at Adak, Alaska, and may demolish
or otherwise dispose of such facilities, buildings, and
structures.
(rescissions)
Sec. 8048. 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:
``Former Soviet Union Threat Reduction, 2003/2005'',
$50,000,000;
``Aircraft Procurement, Navy, 2004/2006'', $2,900,000;
``Shipbuilding and Conversion, Navy, 2004/2008'',
$10,300,000;
``Other Procurement, Navy, 2004/2006'', $5,200,000;
``Other Procurement, Air Force, 2004/2006'', $100,000,000;
``Procurement, Defense-Wide, 2004/2006'' $23,400,000;
``Research, Development, Test and Evaluation, Army, 2004/
2005'', $42,650,000;
``Research, Development, Test and Evaluation, Navy, 2004/
2005'', $20,000,000;
``Research, Development, Test and Evaluation, Air Force,
2004/2005'', $37,000,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
2004/2005'', $108,300,000.
Sec. 8049. 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. 8050. 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. 8051. During the current fiscal year and hereafter,
funds appropriated in this Act are available to compensate
members of the National Guard for duty performed pursuant to
a plan submitted by a Governor of a State and approved by the
Secretary of Defense under section 112 of title 32, United
States Code: Provided, That during the performance of such
duty, the members of the National Guard shall be under State
command and control: Provided further, That such duty shall
be treated as full-time National Guard duty for purposes of
sections 12602(a)(2) and (b)(2) of title 10, United States
Code.
Sec. 8052. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
[[Page H4714]]
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. 8053. 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, 2004
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. 8054. 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. 8055. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
(transfer of funds)
Sec. 8056. Appropriations available under the heading
``Operation and Maintenance, Defense-Wide'' for the current
fiscal year and hereafter 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. 8057. 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.
Sec. 8058. 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. 8059. 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. 8060. 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. 8061. 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. 8062. (a) Limitation on Transfer of Defense Articles
and Services.--Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of
the Senate are notified 15 days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall
include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8063. To the extent authorized by subchapter VI of
chapter 148 of title 10, United States Code, for the current
fiscal year and hereafter the Secretary of Defense may issue
loan guarantees in support of United States defense exports
not otherwise provided for: Provided, That the total
contingent liability of the United States for guarantees
issued under the authority of this section may not exceed
$15,000,000,000: Provided further, That the exposure fees
charged and collected by the Secretary for each guarantee
shall be paid by the country involved and shall not be
financed as part of a loan guaranteed by the United States:
Provided further, That the Secretary shall provide quarterly
reports to the Committees on Appropriations, Armed Services,
and Foreign Relations of the Senate and the Committees on
Appropriations, Armed Services, and International Relations
in the House of Representatives on the implementation of this
program: Provided further, That amounts charged for
administrative fees and deposited to the special account
provided for under section 2540c(d) of title 10, shall be
available for paying the costs of administrative expenses of
the Department of Defense that are attributable to the loan
guarantee program under subchapter VI of chapter 148 of title
10, United States Code.
Sec. 8064. 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.
(including transfer of funds)
Sec. 8065. 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. 8066. 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
[[Page H4715]]
(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. 8067. Hereafter, funds appropriated for Operation and
maintenance and for the Defense Health Program in this Act,
and in future appropriations acts for the Department of
Defense, 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. 8068. (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 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. 8069. 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. 8070. 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. 8071. 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. 8072. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8073. (a) Prohibition.--None of the funds made
available by this Act may be used to support any training
program involving a unit of the security forces of a foreign
country if the Secretary of Defense has received credible
information from the Department of State that the unit has
committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a
decision to conduct any training program referred to in
subsection (a), full consideration is given to all credible
information available to the Department of State relating to
human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation
with the Secretary of State, may waive the prohibition in
subsection (a) if he determines that such waiver is required
by extraordinary circumstances.
(d) Report.--Not more than 15 days after the exercise of
any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees
describing the extraordinary circumstances, the purpose and
duration of the training program, the United States forces
and the foreign security forces involved in the training
program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8074. 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. 8075. 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. 8076. 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. 8077. 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 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. 8078. The Secretary of Defense shall provide a
classified quarterly report, beginning December 15, 2004, to
the House and Senate Appropriations Committees, Subcommittees
on Defense on certain matters as directed in the classified
annex accompanying this Act.
Sec. 8079. During the current fiscal year and hereafter,
refunds attributable to the use of the Government travel
card, refunds attributable to the use of the Government
Purchase Card and refunds attributable to official Government
travel arranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance, and
research, development, test and evaluation accounts of the
Department of Defense which are current when the refunds are
received.
Sec. 8080. (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,
[[Page H4716]]
with respect to that milestone, that the system is being
developed and managed in accordance with the Department's
Financial Management Modernization Plan. The Under Secretary
of Defense (Comptroller) may require additional
certifications, as appropriate, with respect to any such
system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1).
(c) Certifications as to Compliance With Clinger-Cohen
Act.--
(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval,
Milestone B approval, or full rate production approval, or
their equivalent, within the Department of Defense until the
Chief Information Officer certifies, with respect to that
milestone, that the system is being developed in accordance
with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).
The Chief Information Officer may require additional
certifications, as appropriate, with respect to any such
system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1). Each such notification
shall include, at a minimum, the funding baseline and
milestone schedule for each system covered by such a
certification and confirmation that the following steps have
been taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of the
return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the
Department's Global Information Grid.
(d) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
Sec. 8081. 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. 8082. 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. 8083. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under 10 U.S.C. 2667, in the case
of a lease of personal property for a period not in excess of
1 year to any organization specified in 32 U.S.C. 508(d), or
any other youth, social, or fraternal non-profit organization
as may be approved by the Chief of the National Guard Bureau,
or his designee, on a case-by-case basis.
Sec. 8084. 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. 8085. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year
may be used to fund civil requirements associated with the
satellite and ground control segments of such system's
modernization program.
(including transfer of funds)
Sec. 8086. Of the amounts appropriated in this Act under
the heading, ``Research, Development, Test and Evaluation,
Defense-Wide'', $60,000,000 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.
Sec. 8087. 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 2005.
Sec. 8088. In addition to amounts provided elsewhere in
this Act, $2,000,000 is hereby appropriated for ``Defense
Health Program'', to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs
of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
Sec. 8089. Amounts appropriated in title II of this Act are
hereby reduced by $300,000,000 to reflect savings
attributable to efficiencies and management improvements in
the funding of miscellaneous or other contracts in the
military departments, as follows:
(1) From ``Operation and Maintenance, Army'', $66,700,000;
(2) From ``Operation and Maintenance, Navy'', $77,900,000;
(3) From ``Operation and Maintenance, Marine Corps'',
$6,100,000; and
(4) From ``Operation and Maintenance, Air Force'',
$149,300,000.
(including transfer of funds)
Sec. 8090. Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $87,290,000 shall be available for the Arrow
missile defense program, of which $25,000,000 shall be for
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. 8091. Notwithstanding any other provision of law, of
the amounts provided in this Act and in Public Law 108-87
under the heading ``Research, Development, Test and
Evaluation, Navy'', $1,500,000, and $500,000, respectively,
shall be available for a grant (or grants) to the California
Central Coast Research Partnership (C3RP) through the
California Polytechnic State University Foundation, for costs
related to Office of Naval Research agreements: Provided,
That the Secretary of the Navy shall make said grant (or
grants) within 90 days of the enactment of this Act.
(including transfer of funds)
Sec. 8092. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$484,390,000 shall be available until September 30, 2005, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of Defense shall
transfer such funds to the following appropriations in the
amount 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,
1996/05'':
LPD-17 Amphibious Transport Dock Ship Program, $55,000,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
1999/05'':
New SSN, $10,000,000;
LPD-17 Amphibious Transport Dock Ship Program, $38,100,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2000/05'':
DDG-51 Destroyer Program, $44,963,000;
LPD-17 Amphibious Transport Dock Ship Program,
$171,681,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2001/05'':
DDG-51 Destroyer Program, $83,316,000;
New SSN, $67,330,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2002/05'':
LCAC SLEP, $2,100,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2003/05'':
[[Page H4717]]
LCAC SLEP, $11,900,000:
Provided further, That Section 126 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1410; 10 U.S.C. 7291 note) is repealed.
Sec. 8093. 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. 8094. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may hereafter 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. 8095. 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 2005 until the enactment of the Intelligence
Authorization Act for fiscal year 2005.
Sec. 8096. The total amount appropriated in title IV of
this Act is hereby reduced by $270,000,000 to reduce cost
growth in information technology development and
modernization, to be derived as follows:
(1) From ``Research, Development, Test and Evaluation,
Army'', $60,000,000;
(2) From ``Research, Development, Test and Evaluation,
Navy'', $29,000,000;
(3) From ``Research, Development, Test and Evaluation, Air
Force'', $72,000,000; and
(4) From ``Research, Development, Test and Evaluation,
Defense-Wide'', $109,000,000.
Sec. 8097. 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. 8098. The amounts appropriated in title II of this Act
are hereby reduced by $316,000,000 to reflect cash balance
and rate stabilization adjustments in Department of Defense
Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Navy'', $150,000,000.
(2) From ``Operation and Maintenance, Air Force'',
$166,000,000.
Sec. 8099. (a) In addition to the amounts provided
elsewhere in this Act, the amount of $6,000,000 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 $6,000,000 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. 8100. 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 Future Force cannon
and resupply vehicle program (NLOS-C) in order to field this
system in fiscal year 2010, consistent with the broader plan
to field the Future Combat System (FCS) in fiscal year 2010:
Provided, That if the Army is precluded from fielding the FCS
program by fiscal year 2010, then the Army shall develop the
NLOS-C independent of the broader FCS development timeline to
achieve fielding by fiscal year 2010. In addition the Army
will deliver eight (8) combat operational pre-production
NLOS-C systems by the end of calendar year 2008. These
systems shall be in addition to those systems necessary for
developmental and operational testing: Provided further, That
the Army shall ensure that budgetary and programmatic plans
will provide for no fewer that seven (7) Stryker Brigade
Combat Teams to be fielded no later than fiscal year 2009.
Sec. 8101. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $6,600,000 is
hereby appropriated to the Department of Defense, to remain
available until September 30, 2005: Provided, That the
Secretary of Defense shall make grants in the amount of
$2,100,000 to the Intrepid Sea-Air-Space Foundation;
$2,500,000 to the Presidio Trust only for renovations of the
parade field; and $2,000,000 to the Fort Ticonderoga
Association.
Sec. 8102. 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 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. 8103. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8104. The budget of the President for fiscal year 2006
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. 8105. 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. 8106. 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 civilian
officials whose participation directly contributes to the
education and training of these foreign students.
Sec. 8107. 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 Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8108. (a) Land Conveyances, Norton Air Force Base,
California.--(1) Forest service conveyance.--Subject to
paragraph (2), the Secretary of Agriculture shall convey to
the Inland Valley Development Agency all right, title, and
interest of the United States in and to a parcel of real
property consisting of approximately 3.74 acres designated as
parcel D-1 (including the former Air Force S-2 Headquarters
Building) on the former Norton Air Force Base, California.
(2) As consideration for the transfer under paragraph (1),
the Inland Valley Development Agency shall execute a long-
term ground lease with the Secretary of Agriculture, upon
terms acceptable to the Federal Aviation Administration, to
provide the United States Forest Service with a replacement
parcel of land of approximately 7.5 acres at the San
Bernardino International Airport adjacent to current
facilities of the Forest Service to be used for aeronautical
purposes in furtherance of wildfire prevention and
containment.
(b) Air Force Conveyance.--(1) Subject to paragraph (2),
the Secretary of the Air Force shall convey 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 on or adjacent to the
former Norton Air Force Base, California, that as of the date
of the enactment of this Act have been determined through a
record of decision to be eligible to be transferred to, or
held in trust for, the San Manuel Band of Mission Indians.
(2) The Secretary of the Air Force shall make a conveyance
under paragraph (1) with respect to any parcel of real
property to which that paragraph applies only upon delivery
to the Secretary of an instrument executed by the San Manuel
Band of Mission Indians that releases and extinguishes any
real property interest of the San Manuel Band of Mission
Indians in that parcel of real property.
Sec. 8109. (a) The total amount appropriated or otherwise
made available in titles III and IV of this Act is hereby
reduced by $345,000,000 to reflect savings from revised
economic assumptions, to be distributed as follows:
``Title III'', $189,000,000; and
``Title IV'', $156,000,000.
[[Page H4718]]
(b) The Secretary of Defense shall allocate this reduction
proportionately to each program, project, and activity within
each applicable appropriation account.
(including transfer of funds)
Sec. 8110. (a) The amount appropriated in title II for
``Operation and Maintenance, Air Force'' is hereby reduced by
$967,200,000 to reflect cash balance and rate stabilization
adjustments in the Department of Defense Transportation
Working Capital Fund.
(b) Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall transfer
$967,200,000 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 is in addition to any
other transfer authority provided to the Department of
Defense.
Sec. 8111. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order 12333.
Sec. 8112. Section 8149(b) of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 10 U.S.C. 2784
note), shall remain in effect for fiscal year 2005.
Sec. 8113. Amounts appropriated in this Act may be used by
the Department of Defense for the purchase of heavy and light
armored vehicles for force protection purposes,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles under section 1343 of
title 31, United States Code, or any other provision of law:
Provided, That the Secretary of Defense shall submit a report
no later than 30 days after the end of each fiscal quarter
notifying the congressional defense committees of any
purchase described in this section, including the cost,
purposes, and quantities of vehicles purchased.
Sec. 8114. Of the amount appropriated under the heading
``Operation and Maintenance, Marine Corps'' for the Marine
Corps Air-Ground Task Force Training Center, Twenty Nine
Palms, California, $4,500,000 shall be available to the
Secretary of the Navy to enter into a contract,
notwithstanding any other provision of law, for the widening
of Adobe Road, which is used by members of the Marine Corps
stationed at the installation and their dependents, and for
construction of pedestrian and bike lanes for the road, to
provide for the safety of the Marines stationed at the
installation.
Sec. 8115. In addition to amounts appropriated or otherwise
made available in this Act, there is hereby appropriated
$3,000,000, for ``Operation and Maintenance, Marine Corps'':
Provided, That the Secretary of the Navy shall make a grant
in that amount to the ``Hi-Desert Memorial Health Care
District'', Joshua Tree, California, for the purposes of
providing a capability for non-invasive assessment,
diagnostic testing and treatment in support of service
personnel and their families stationed at the Marine Corps
Air-Ground Task Force Training Center.
Sec. 8116. (a) Land Conveyance, Army Reserve Training
Center, Wooster, Ohio.--The Secretary of the Army may convey,
without consideration, to the City of Wooster, Ohio, all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon, that
is located at 1676 Portage Road, Wooster, Ohio, and contains
a former Army Reserve Training Center.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the City of Wooster, Ohio.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
Sec. 8117. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
Section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
(including transfer of funds)
Sec. 8118. The Secretary of the Navy may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided, That
the Secretary may transfer not to exceed $100,000,000 under
the authority provided by this section: Provided further,
That the funding transferred shall be available for the same
time period as the appropriation to which transferred:
Provided further, That the Secretary may not transfer any
funds until 30 days after the proposed transfer has been
reported to the Committee on Appropriations of the Senate and
the House of Representatives, unless sooner notified by the
Committees that there is no objection to the proposed
transfer: Provided further, That the transfer authority
provided by this section is in addition to any other transfer
authority contained elsewhere in this Act.
Sec. 8119. The amounts appropriated in title II of this Act
are hereby reduced by $100,000,000 to reflect savings
attributable to the offsetting of payments to contractors for
the collection, pursuant to law, of unpaid taxes owed to the
United States, as follows:
(1) From ``Operation and Maintenance, Army'', $22,000,000.
(2) From ``Operation and Maintenance, Navy'', $26,000,000.
(3) From ``Operation and Maintenance, Marine Corps'',
$2,000,000.
(4) From ``Operation and Maintenance, Air Force'',
$50,000,000.
Sec. 8120. The total amount appropriated in title IV is
hereby reduced by $685,000,000 to decrease amounts budgeted
in anticipation of the application of non-statutory funding
set asides: Provided, That this reduction shall be allocated
proportionately to each budgeted program, program element,
project, and activity: Provided further, That funds made
available for programs of the National Foreign Intelligence
Program (NFIP) are exempt from the application of this
provision.
(including transfer of funds)
Sec. 8121. Tanker Replacement Transfer Fund.--In addition
to funds made available elsewhere in this Act, there is
hereby appropriated $100,000,000, to remain available until
transferred: Provided, That these funds are appropriated to
the ``Tanker Replacement Transfer Fund'' (referred to as
``the Fund'' elsewhere in this section), which is hereby
established in the Treasury: Provided further, That the
Secretary of the Air Force may transfer amounts in the Fund
to ``Operation and Maintenance, Air Force'', ``Aircraft
Procurement, Air Force'', and ``Research, Development, Test
and Evaluation, Air Force'', only for the purposes of
proceeding with a KC-767 tanker acquisition program: Provided
further, That these funds may be made available to implement
the provisions of section 117 of the House-passed version of
H.R. 4200 (108th Congress), the National Defense
Authorization Act for Fiscal Year 2005: Provided further,
That funds transferred shall be merged with and be available
for the same purposes and for the same time period as the
appropriation or fund to which transferred: Provided further,
That this transfer authority is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That the Secretary of the Air Force shall,
not fewer than 15 days prior to making transfers using funds
provided in this section, notify the congressional defense
committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no
later than 30 days after the end of each fiscal quarter to
the congressional defense committees summarizing the details
of the transfer of funds from this appropriation.
Sec. 8122. None of the funds appropriated or otherwise made
available by this Act may be used to amend or cancel, or
implement any amendment or cancellation of, Department of
Defense Directive 1344.7, ``Personal Commercial Solicitation
on DoD Installations'', until after the end of the one-year
period beginning on the date on which the report containing
the results of the investigation regarding insurance premium
allotment processing, which is underway as of the date of the
enactment of this Act, is submitted to the congressional
defense committees (as defined in section 101(a)(16) of title
10, United States Code), the Committee on Government Reform
of the House of Representatives, and the Committee on
Governmental Affairs of the Senate.
Mr. LEWIS of California (during the reading). Mr. Chairman, I ask
unanimous consent that the remainder of the bill through page 115, line
17 be considered as read, printed in the Record, and open to amendment
at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
The CHAIRMAN. Are there any amendments to that section of the bill?
Amendments Offered by Mr. Lewis of California
Mr. LEWIS of California. Mr. Chairman, I offer a managers' amendment,
and I ask unanimous consent it be considered en bloc.
The CHAIRMAN. The Clerk will report the amendments.
The Clerk read as follows:
Amendments offered by Mr. Lewis of California:
On page 115, insert the following new section at the end of
title VIII:
``Sec. __. The Secretary of Defense shall provide a report
to the congressional defense committees not later than July
30, 2004, that addresses how the Department of Defense (DoD)
is improving the dud rate of cluster munitions to meet
existing DoD policies.
[[Page H4719]]
This report shall address: (1) the types and quantities of
munitions systems that employ cluster munitions presently in
DoD's inventory that do and do not meet the 1-percent dud
rate policy; (2) DoD efforts to ensure the development of
cluster munitions that meet the 1-percent dud rate policy,
including a list of programs funded in fiscal year 2005; and
(3) a schedule describing the DoD cluster munitions inventory
profile from the present until the time this inventory will
meet the 1-percent dud rate policy.''
On page 118, line 3, strike the comma after ``Provided''
and insert a comma after ``further''.
On page 122, line 10, add a comma after the word
``further''.
On page 134, line 4, insert before ``not less'' the
following:
``, the Committee on International Relations of the House
of Representatives, and the Committee on Foreign Relations of
the Senate''.
On page 138, insert the following two new sections at the
end of title IX:
``Sec. __. From within funds made available in chapter 1 of
this title, the Secretary of Defense shall use such funds as
necessary to provide to Congress, not later than 4 months
after the date of the enactment of this Act, a list of all
contracts entered into by the Department of Defense for the
provision of security, translation, and interrogation
services in Iraq, Afghanistan, or Guantanamo Bay, and the
amount of each such contract.
Sec. __. None of the funds made available in chapter 1 of
this title may be used to fund any contract in contravention
of section 8(d)(6) of the Small Business Act (15 U.S.C.
637(d)(6)).''
Mr. LEWIS of California (during the reading). Mr. Chairman, I ask
unanimous consent that the amendments be considered as read and printed
in the Record.
The CHAIRMAN. Is there objection to the amendments being considered
en bloc?
There was no objection.
The CHAIRMAN. The gentleman from California (Mr. Lewis) is recognized
for 5 minutes.
Mr. LEWIS of California. Mr. Chairman, I yield back the balance of my
time.
Mr. MURTHA. Mr. Chairman, we have no problem with the amendments.
The CHAIRMAN. The question is on the amendments offered by the
gentleman from California (Mr. Lewis).
The amendments were agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
TITLE IX--ADDITIONAL APPROPRIATIONS
CHAPTER I
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel,
Army'', $2,552,200,000: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Military Personnel, Navy
For an additional amount for ``Military Personnel,
Navy'', $232,200,000: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $273,200,000: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $874,400,000: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $11,698,400,000: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided, further That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $303,000,000: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,295,000,000: Provided, That, if the
enactment of this title occurs during fiscal year 2004, such
amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress): Provided further, That, if the enactment of
this title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $744,000,000: Provided, That, if the enactment
of this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $295,000,000: Provided, That, if the
enactment of this title occurs during fiscal year 2004, such
amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress): Provided further, That, if the enactment of
this title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Iraq Freedom Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Iraq Freedom Fund'',
$2,978,000,000, to remain available for transfer until
September 30, 2006, for the purposes authorized under this
heading in Public Law 108-11: Provided, That the Secretary of
Defense may transfer the funds provided herein to
appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; the
Defense Health Program; and working capital funds: Provided
further, That of the amounts provided under this heading, not
less than $1,978,000,000 shall be for classified programs,
which shall be in addition to amounts provided for elsewhere
in this title, and under this heading: Provided further, That
funds transferred shall be merged with and be available for
the same purposes and for the same time period as the
appropriation or fund to which transferred: Provided further,
That this transfer authority is in addition to any other
transfer authority available to the Department of Defense:
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 Secretary of Defense shall, not fewer than 5 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation: Provided further, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount
[[Page H4720]]
is designated as making appropriations for overseas
contingency operations pursuant to section 403 of such S.
Con. Res. 95.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement,
Army'', $42,800,000, to remain available until September 30,
2007: Provided, That, if the enactment of this title occurs
during fiscal year 2004, such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress): Provided
further That, if the enactment of this title occurs during
fiscal year 2005, such amount is designated as making
appropriations for overseas contingency operations pursuant
to section 403 of such S. Con. Res. 95.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $201,900,000, to remain
available until September 30, 2007: Provided, That, if the
enactment of this title occurs during fiscal year 2004, such
amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress): Provided further, That, if the enactment of
this title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $330,000,000, to remain available until September 30,
2007: Provided, That, if the enactment of this title occurs
during fiscal year 2004, such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress): Provided
further, That, if the enactment of this title occurs during
fiscal year 2005, such amount is designated as making
appropriations for overseas contingency operations pursuant
to section 403 of such S. Con. Res. 95.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,151,400,000, to remain available until September 30, 2007:
Provided, That, if the enactment of this title occurs during
fiscal year 2004, such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives
by H. Res. 649 (108th Congress): Provided further, That, if
the enactment of this title occurs during fiscal year 2005,
such amount is designated as making appropriations for
overseas contingency operations pursuant to section 403 of
such S. Con. Res. 95.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $34,000,000, to remain available until September 30,
2007: Provided, That, if the enactment of this title occurs
during fiscal year 2004, such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress): Provided
further, That, if the enactment of this title occurs during
fiscal year 2005, such amount is designated as making
appropriations for overseas contingency operations pursuant
to section 403 of such S. Con. Res. 95.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $112,800,000, to remain available
until September 30, 2007: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine
Corps'', $111,400,000, to remain available until September
30, 2007: Provided, That, if the enactment of this title
occurs during fiscal year 2004, such amount is designated as
an emergency requirement pursuant to section 402 of S. Con.
Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress): Provided
further, That, if the enactment of this title occurs during
fiscal year 2005, such amount is designated as making
appropriations for overseas contingency operations pursuant
to section 403 of such S. Con. Res. 95.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $35,300,000, to remain available until September 30,
2007: Provided, That, if the enactment of this title occurs
during fiscal year 2004, such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress): Provided
further, That, if the enactment of this title occurs during
fiscal year 2005, such amount is designated as making
appropriations for overseas contingency operations pursuant
to section 403 of such S. Con. Res. 95.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-
Wide'', $80,000,000, to remain available until September 30,
2007: Provided, That, if the enactment of this title occurs
during fiscal year 2004, such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res.
95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress): Provided
further, That, if the enactment of this title occurs during
fiscal year 2005, such amount is designated as making
appropriations for overseas contingency operations pursuant
to section 403 of such S. Con. Res. 95.
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $100,000,000, to remain available until
September 30, 2007: Provided, That, if the enactment of this
title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $1,250,000,000: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$305,000,000 for Operation and maintenance: Provided, That,
if the enactment of this title occurs during fiscal year
2004, such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress),
as made applicable to the House of Representatives by H. Res.
649 (108th Congress): Provided further, That, if the
enactment of this title occurs during fiscal year 2005, such
amount is designated as making appropriations for overseas
contingency operations pursuant to section 403 of such S.
Con. Res. 95.
CHAPTER 2
DEPARTMENT OF STATE
Administration of Foreign Affairs
Diplomatic and Consular Programs
For an additional amount for ``Diplomatic and Consular
Programs'' for costs associated with United States Mission
operations, technological support, logistical support, and
necessary security costs in Iraq, $665,300,000, to remain
available until expended: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
Embassy Security, Construction, and Maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'' for interim facilities for
the United States Mission in Iraq, $20,000,000, to remain
available until expended: Provided, That, if the enactment of
this title occurs during fiscal year 2004, such amount is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress): Provided further, That, if the enactment of this
title occurs during fiscal year 2005, such amount is
designated as making appropriations for overseas contingency
operations pursuant to section 403 of such S. Con. Res. 95.
CHAPTER 3
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
International Disaster and Famine Assistance
For an additional amount for ``International Disaster and
Famine Assistance'', $70,000,000, to remain available until
September 30, 2005: Provided, That funds appropriated by this
paragraph shall be available to respond to the humanitarian
crisis in the Darfur region of Sudan and in Chad: Provided
[[Page H4721]]
further, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives
by H. Res. 649 (108th Congress).
Department of State
Migration and Refugee Assistance
For an additional amount for ``Migration and Refugee
Assistance'', $25,000,000, to remain available until
September 30, 2005: Provided, That funds appropriated by this
paragraph shall be available to respond to the humanitarian
crisis in the Darfur region of Sudan and in Chad: Provided
further, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives
by H. Res. 649 (108th Congress).
GENERAL PROVISIONS, TITLE IX
Sec. 9001. Appropriations provided in this title are
available for obligation until September 30, 2005, unless
otherwise so provided in this title: Provided, That
notwithstanding any other provision of law or of this Act,
funds in this title are available for obligation, and
authorities in this title shall apply, upon enactment of this
Act.
Sec. 9002. Notwithstanding any other provision of law or
of this Act, funds made available in this title are in
addition to amounts provided elsewhere in this Act.
(TRANSFER OF FUNDS)
Sec. 9003. (a) Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $2,000,000,000 of
the funds made available to the Department of Defense in this
title: Provided, That the Secretary shall notify the Congress
promptly of each transfer made pursuant to the authority in
this section: Provided further, That the authority provided
in this section is in addition to any other transfer
authority available to the Department of Defense and is
subject to the same terms and conditions as the authority
provided in section 8005 of this Act.
(b) Section 8005 of the Department of Defense
Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1071),
is amended--
(1) by striking ``$2,100,000,000'' and inserting in lieu
thereof ``$3,000,000,000''; and
(2) by striking all after the third proviso and inserting
the following: ``: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.''.
(c) Section 168(a) of division H of the Consolidated
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 456),
is repealed upon enactment of this Act.
(d)(1) If the enactment of this title occurs during
fiscal year 2004, the amounts made available by the transfer
of funds in or pursuant to this section are designated as
emergency requirements pursuant to section 402 of S. Con.
Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress).
(2) If the enactment of this title occurs during fiscal
year 2005, such amounts are designated as making
appropriations for overseas contingency operations pursuant
to section 403 of such S. Con. Res. 95.
Sec. 9004. Funds appropriated in this title, or made
available by the transfer of funds in or pursuant to this
title, 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).
Sec. 9005. None of the funds provided in this title may
be used to finance programs or activities denied by Congress
in fiscal year 2005 appropriations to the Department of
Defense or to initiate a procurement or research,
development, test and evaluation new start program without
prior notification to the congressional defense committees.
Sec. 9006. Sections 1318 and 1319 of the Emergency
Wartime Supplemental Appropriations Act, 2003 (Public Law
108-11; 117 Stat. 571), shall remain in effect during fiscal
year 2005.
Sec. 9007. From October 1, 2004, through September 30,
2005, (a) the rates of pay authorized by section 310(a) of
title 37, United States Code, shall be $225; and (b) the
rates of pay authorized by section 427(a)(1) of title 37,
United States Code, shall be $250.
Sec. 9008. Notwithstanding any other provision of law,
from funds made available in this title to the Department of
Defense for operation and maintenance, not to exceed
$500,000,000 may be used by the Secretary of Defense, with
the concurrence of the Secretary of State, to train, equip,
and provide related assistance to military or security forces
in Iraq and Afghanistan, to enhance their capability to
combat terrorism and to support U.S. military operations in
Iraq and Afghanistan: Provided, That such assistance may
include the provision of equipment, supplies, services,
training and funding: Provided further, That the authority to
provide assistance under this section is in addition to any
other authority to provide assistance to foreign nations:
Provided further, That the Secretary of Defense shall notify
the congressional defense committees not less than 15 days
before providing assistance under the authority of this
section.
Sec. 9009. From funds made available in this title to the
Department of Defense for operation and maintenance, not to
exceed $300,000,000 may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program, for the purpose of enabling military commanders in
Iraq to respond to urgent humanitarian relief and
reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Iraqi people, and to fund a similar program to
assist the people of Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding the source of
funds and the allocation and use of funds made available
pursuant to the authority provided in this section.
Sec. 9010. Section 202(b) of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7532(b)) is amended by
striking ``$450,000,000'' and inserting in lieu thereof
``$650,000,000''.
Sec. 9011. Funds available to the Department of Defense
for operation and maintenance in this title may be used,
notwithstanding any other provision of law, to provide
supplies, services, transportation, including airlift and
sealift, and other logistical support to coalition forces
supporting military and stability operations in Iraq and
Afghanistan: Provided, That the Secretary of Defense shall
provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9012. (a) Not later than April 30 and October 31 of
each year, the Secretary of Defense shall submit to Congress
a report on the military operations of the Armed Forces and
the reconstruction activities of the Department of Defense in
Iraq and Afghanistan.
(b) Each report shall include the following information:
(1) For each of Iraq and Afghanistan for the half-fiscal
year ending during the month preceding the due date of the
report, the amount expended for military operations of the
Armed Forces and the amount expended for reconstruction
activities, together with the cumulative total amounts
expended for such operations and activities.
(2) An assessment of the progress made toward preventing
attacks on United States personnel.
(3) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the readiness of the
Armed Forces.
(4) An assessment of the effects of the operations and
activities in Iraq and Afghanistan on the recruitment and
retention of personnel for the Armed Forces.
(5) For the half-fiscal year ending during the month
preceding the due date of the report, the costs incurred for
repair of Department of Defense equipment used in the
operations and activities in Iraq and Afghanistan.
(6) The foreign countries, international organizations,
and nongovernmental organizations that are contributing
support for the ongoing military operations and
reconstruction activities, together with a discussion of the
amount and types of support contributed by each during the
half-fiscal year ending during the month preceding the due
date of the report.
(7) The extent to which, and the schedule on which, the
Selected Reserve of the Ready Reserve of the Armed Forces is
being involuntarily ordered to active duty under section
12304 of title 10, United States Code.
(8) For each unit of the National Guard of the United
States and the other reserve components of the Armed Forces
on active duty pursuant to an order to active duty under
section 12304 of title 10, United States Code, the following
information:
(A) The unit.
(B) The projected date of return of the unit to its home
station.
(C) The extent (by percentage) to which the forces
deployed within the United States and outside the United
States in support of a contingency operation are composed of
reserve component forces.
Sec. 9013. Authorities contained in sections 402, 407,
and 605 of division B of Public Law 108-199 shall also apply
to amounts provided in this title for the Department of
State.
Sec. 9014. Congress, consistent with international and
United States law, reaffirms that torture of prisoners of war
and detainees is illegal and does not reflect the policies of
the United States Government or the values of the people of
the United States.
Sec. 9015. The President shall provide to the Congress a
report detailing the estimated costs over the period from
fiscal year 2006 to 2011 of Operation Iraqi Freedom and
Operation Enduring Freedom, or any related military
operations in and around Iraq and Afghanistan, and the
estimated costs of reconstruction, internal security, and
related economic support to Iraq and Afghanistan: Provided,
That the President may waive the requirement to submit this
report only if the President certifies in writing to the
Congress that estimates of these future military and economic
support costs cannot be provided for purposes of national
security: Provided further, That the report referenced above
shall be submitted no later than October 1, 2004.
Sec. 9016. Section 3101 of title 31, United States Code,
is amended by adding at the end the following new subsection:
``(d) The United States Government shall take all steps
necessary to guarantee the full faith and credit of the
Government.''
Mr. LEWIS of California (during the reading). Mr. Chairman, I ask
unanimous consent that the remainder of the bill through Page 138, Line
11 be considered as read, printed in the
[[Page H4722]]
Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
The CHAIRMAN. Are there any amendments to that portion of the bill?
Amendment Offered by Mr. Inslee
Mr. INSLEE. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Inslee:
At the end of the bill, add the following new title:
TITLE X--ADDITIONAL GENERAL PROVISIONS
Sec. 10001. None of the funds appropriated by this Act may
be used to waive or modify regulations promulgated under
chapter 43, 71, 75, or 77 of title 5, United States Code.
Mr. INSLEE. Mr. Chairman, this amendment addresses the clear American
values of making sure that the 700,000 men and women who are so ably
performing their duties today as part of our war against terrorism as
civilian employees at the Department of Defense retain their American
rights of collective bargaining, their American rights of due process,
their American rights of an appeal if they have been abused on the job,
their American rights to be treated based on merit in the performance
of their jobs rather than on politics and patronage.
{time} 1615
Our amendment, quite simply, assures that no money will be spent in
this bill to deprive them of those statutorily guaranteed rights that
we have built up on a bipartisan basis over the last several decades.
This will assure that that scaffolding that provides those 700,000
Americans with that protection will not be stripped away.
Why is this important? This issue became paramount to me when I
welcomed the USS Vincent back from the Afghan theater. The gentleman
from Washington (Mr. Dicks) and I helicoptered out to it, it was quite
an experience as she came back in the Straits of Juan de Fuca, and we
talked to the sailors on board.
The sailors told us they had launched and recovered I think over
10,000 sorties and had not lost a pilot, and that the reason they had
done that had been because of the exquisitely professional performance
of a lot of people who are of those 700,000 civilian employees of the
Department of Defense, and particularly those of the Puget Sound Naval
Shipyard. The sailors, the people who were out in harm's way within
firing range, told me not to forget the people who were on the defense
team in the civilian sector of the Department of Defense.
Unfortunately, unless this amendment passes, those 700,000 patriots
stand in the fire line of losing their collective bargaining rights,
losing their right to an appeal, losing their right to due process and
losing their right to have their performance judged on their merit.
This happened because, unfortunately, during our rush to get the
defense authorization bill through, there was a provision in good faith
that was inserted that gave largely unfettered discretion to the
Department of Defense to go forth and create a new personnel system.
We are always open to reform and new ideas, but, unfortunately, what
has transpired at the first cut by the Department of Defense, they have
proposed plans that would essentially gut the real basic, fundamental
right to collective bargaining in our system, a collective bargaining
system that actually has been successful in maintaining the morale of
these 700,000 patriots who are instrumental in our defense efforts
today.
What we have seen are proposals to essentially gut that by allowing
the Department of Defense to unilaterally sort of jam down the throats
of those 700,000 people whatever they decide to do without
collaboration and without collective bargaining. That would be a
mistake. It would be a mistake in not recognizing the American value of
collective bargaining, and it would be a mistake to damage the morale
of this workforce, and we are urging my colleagues not to allow that.
Secondly, we do not want to allow what I consider to be a real civil
right, and that is a right that when you are on the job working for the
DOD, if you are going to be sanctioned, if you are going to be fired,
if you are going to be sent down to the bilge as punishment, you ought
to have some basic due process rights. You ought to have it in writing
what you did wrong, you ought to have a right to a written decision on
your appeal, even you ought to have a right to have an appeal, if I
dare say, where you have a lawyer present when your job is on the line.
Those civil rights are in jeopardy if we do not pass this amendment,
and the 700,000 people who care about that know those rights are in
jeopardy.
We have already developed a very successful appeals system to handle
this issue. Why should we go forth and create a whole new system to be
a duplication of our existing system? It is not necessary.
I would like to answer four kind of suggestions why this amendment is
necessary. Some of my colleagues have suggested this is not a good
idea. They have had four critiques. I would like to answer those during
this debate.
First, it has been suggested that the 700,000 employees that are
going to be protected by my amendment do not want to be protected by my
amendment. Not a well-put argument, when virtually every union that is
elected by these employees wholeheartedly supports my amendment, the
Association of Government Employees, the Federation of Teachers.
By the way, teachers, it was said they are sort of un-American, they
cannot form a union unless my amendment passes. That does not make any
sense at all. Teachers ought to be able to form unions. So the
employees think this is a good idea.
Second, this will allow consideration of alternatives; it simply will
not allow the pulling of the trigger. DOD will be able to aim, they
will be able to load up, but they will not be able to pull the trigger
on this until we look at this issue.
The CHAIRMAN. The time of the gentleman from Washington (Mr. Inslee)
has expired.
(By unanimous consent, Mr. Inslee was allowed to proceed for 2
additional minutes.)
Mr. INSLEE. Mr. Chairman, my point I want to make is this does not
stop DOD in their tracks from at least thinking about this issue. They
will be allowed to consider this issue, but they will not be able to
actually pull the trigger to waive these collective bargaining rights,
to waive these appeal rights, to waive these due process rights.
Third: One friend on the other side of the aisle suggested that this
amendment is a bad idea, because now we are in the age of faxes and
computers and this is a new day and age, so we should give unfettered
discretion to the Department of Defense to have a new personnel system
without statutory rules.
Well, we can use faxes and computers and e-mail and answering
machines, but we need to have a system of law to govern what due
process rights the Congress has a role in deciding. These are rights
that belong to individuals that are held very dearly by our employees,
and we can use computers and faxes, but we need to do in a method that
is rules-based.
We got into a little trouble, we got into a little trouble when the
Department of Defense decided they could sort of ignore this rules-
based Geneva treaty system, because they thought they should just have
unilateral discretion in deciding how to handle some of these issues.
That was kind of a sort of suggestion that we need rules.
Now, I am not suggesting our employees are going to be tortured,
thank goodness that is not going to be the case, but we do need a
rules-based employment system, and we cannot allow unilateral decision
making by the Department of Defense.
The fourth issue I want to make, this is not going to stop reform. We
need to work on it in Congress. I think we have seen the whites of the
eyes that this has been a very, very controversial issue that has
inflamed the 700,000 people that we need to build morale on.
Mr. LEWIS of California. Mr. Chairman, it is with great reluctance
that I rise in opposition to this amendment.
Mr. Chairman, what the gentleman is discussing here is an important
policy question which was discussed thoroughly in the authorizing
committee last year. The policy was established. If the gentleman had a
problem with that
[[Page H4723]]
policy development, I regret he did not come to talk with us either at
our markup process in the subcommittee or beyond that.
But it is clear to anybody who would look at the personnel
difficulties within this huge department, the Department of Defense,
there are needs for reform and change within this great arena. The
authorizing committee did address that question.
The gentleman from Washington (Mr. Inslee) suggests he does not stop
the Department in its tracks, he just stops the money from flowing,
which is somewhere close to my track, at any rate.
It seems to me that without the ability to change labor management
relations within the Department, the Department will be faced with
negotiating all personnel policies with over 1,366 unions, and change
is not going to take place under those circumstances.
A new adverse action and appeals system would allow the Department to
take more prompt action on employees who are not performing on their
jobs or facing disciplinary action based on misconduct. The current
appeals system is lengthy and demands an overburden of proof before
management can take action. The new system that the authorizing
committee has gone forward with would establish a new process, while
maintaining employee rights to fair consideration.
The bottom line is that DOD should oppose this amendment, and we
oppose it as well.
Mr. Chairman, I appreciate looking forward to working with the
gentleman, but I wish we had had a chance to do so before today.
Mr. VAN HOLLEN. Mr. Chairman, I rise in support of the amendment.
Mr. Chairman, I am proud to join the gentleman from Washington (Mr.
Inslee) in offering this amendment. As we have heard, last year, tucked
into the 2004 defense authorization bill was a provision that gave the
Bush administration, and any other future administration, Republican or
Democrat, a virtually blank check to rewrite the rules and protections
that govern 700,000 civil servants in the Department of Defense. What
that provision did was strip Pentagon civilians of the statutory
protections we have had on a bipartisan basis for decades.
We in this Congress, we in this House, have an obligation to ensure
that those civilian employees of the Defense Department are treated
fairly and treated with respect, and we should not surrender that
authority and those obligations to any administration, Republican or
Democrat. Yet that is what we did last year in the authorization bill.
While the Committee on Armed Services may have considered this issue,
the fact of the matter is the full House has never had an opportunity
to consider this issue, because the Committee on Rules did not make in
order an amendment on exactly this question. So we did not have an
opportunity to debate this last year in the House. This is the first
time we now have an opportunity to address this issue straight on.
The testimony we have heard from the administration officials over
the years, Republican and Democrat, has been clear, that our national
security depends on a strong partnership between the military part of
the Pentagon and the civilian civil servants. Taking away the basic
protections that our civil servants enjoy with the Department of
Defense would damage that partnership, it would hurt morale, and it
sends a terrible message to the many men and women who we entrust with
important national security work.
Why should we give the executive branch the authority to eliminate
rules that protect employees from discrimination based on political
affiliation? Do we not want people to exercise independent political
judgment and not fear political repercussions? Why should we give the
Executive Branch the authority to rewrite and eliminate rules of due
process that protect employees in certain situations? Why should we
give the executive branch the authority to eliminate the requirement
that DOD bargain in good faith with their employees?
Now, last year, many in the administration said, ``don't worry, we
are not going to take advantage of those authorities. Trust us. We will
not go that far.''
Well, in February we saw the first write of the rules, and the fact
of the matter is on both sides of the aisle, many people said, wait a
minute. When we signed up for this, we did not think you were going to
exercise your authority in this way in terms of taking away certain
good faith bargaining rights.
So that is what this amendment is about. As my colleague from
Washington said, this does not throw out all the authorities. What we
are saying is let us take a year, let us take a time out, and let us
adopt the adage that many have shown is good advice, ``trust, but
verify.'' Why should we provide a blank check?
Let us give the administration an opportunity now to come before the
Congress to show us exactly what rules they want, and we can have an
opportunity to take a look at them, rather than giving them a blank
check in advance and then being totally at their mercy as to what they
put in effect.
So this is a common sense provision. I believe it is a bipartisan
decision. Let us let the administration tell us what they plan to do,
and, if we think it makes sense, we can move forward on it at that
time.
Trust, but verify.
Mr. DICKS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in strong support of the Inslee-Van Hollen
amendment. Last year, Congress gave the Department of Defense the
authority to design a new civilian personnel system for its employees
as part of the defense authorization bill. I opposed that part of the
bill because it included a blanket waiver for the new system from all
of the worker protections which Congress has wisely enacted through the
years. Unfortunately, the House was denied a chance to vote directly on
these changes in 2004, I must assume because of fear about how the vote
would turn out.
Now the Department of Defense is designing the new system, and the
initial proposal published by the Department this spring, as mentioned
by others, has confirmed every fear voiced by members of the House,
such as myself and the gentleman from Washington (Mr. Inslee) and the
gentleman from Maryland (Mr. Van Hollen) about the new system. The
initial proposal produced by the Department would have trampled worker
rights in a wanton and deliberate fashion.
More recently, Navy Secretary Gordon England has been assigned to
work this issue for DOD, and he has pledged to work with DOD unions and
employee organizations to design a fairer system. I am strongly
encouraged by his involvement, but I also believe that DOD must design
a new system which is consistent with strong worker protections. This
guarantee is all that the Inslee-Van Hollen amendment would add to the
bill before us today.
Furthermore, there is an important monetary reason for supporting
this amendment which is appropriate on the bill which deals with the
defense budget. DOD has proposed creating within the Department of
Defense two massive new bureaucracies which would duplicate the work of
the existing Federal labor relations authority and the Merit System
Protection Board. I believe that it would be irresponsible in the
extreme for this committee to divert funding from badly needed
warfighting priorities just so that the Department of Defense can
duplicate the functions of independent government agencies under the
control of the Secretary of Defense.
This harms national security at the same time that it undermines
worker rights.
For all these reasons, Mr. Chairman, I ask that my colleagues support
the Inslee-Van Hollen amendment and put the new personnel system at DOD
back on the right track.
Mr. HOYER. Mr. Chairman, will the gentleman yield?
Mr. DICKS. I yield to the gentleman from Maryland, the distinguished
Democratic whip.
Mr. HOYER. Mr. Chairman, I thank my friend for yielding. Rather than
prolong the debate, I want to adapt that which has been put forward by
the gentleman from Washington (Mr. Inslee) and the gentleman from
Maryland (Mr. Van Hollen) in sponsoring this, and adopt the gentleman's
remarks as well, and simply say that I think the gentleman from
Maryland (Mr. Van Hollen) and the gentleman from Washington (Mr.
Inslee) and the gentleman
[[Page H4724]]
from Washington (Mr. Dicks) have put their finger on it.
{time} 1630
We abrogated essentially laws, statutes passed by the Congress,
signed by the Presidents of the United States, without reviewing the
changes that would be put before us and would impact on our Federal
employees. That is all I think the sponsors are asking for the
opportunity to do, and I would hope that the Members on both sides of
the aisle would adopt this amendment, proceed in that fashion over the
next year, and have the opportunity to review the changes that are
suggested.
I thank the gentleman from Washington State, who has been a giant on
behalf of Federal employees during our careers here, and I thank him
for yielding.
Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
Mr. DICKS. I yield to the gentleman from California.
Mr. LEWIS of California. Mr. Chairman, I appreciate the gentleman
yielding. I have not had a chance to talk to the gentleman from
Pennsylvania (Mr. Murtha) about this, but I believe that the gentleman
from Washington State is still a member of the subcommittee; is he not?
Mr. DICKS. Yes, I am.
Mr. LEWIS of California. Well, I really look forward to discussing
this with the gentleman personally before we come to the floor.
Mr. DICKS. Mr. Chairman, reclaiming my time, we did have a proposal
in our written document that went to the chairman that laid out a
proposal, a different approach to this; and it would have just
protected the public shipyards, both on the east coast, the west coast,
and Hawaii.
Mr. LEWIS of California. Mr. Chairman, if the gentleman would yield
further, I do very much appreciate the opportunity to discuss these
matters with my colleague, sometimes privately, sometimes publicly.
Mr. DICKS. And I appreciate the gentleman's willingness to discuss
this issue. I know of his concern for government workers, because he
has many in his own district; and I know that he will treat them as
fairly as he has always treated me.
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. DICKS. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Chairman, I have to oppose this amendment. It has
just come up at the last minute. As technical as it is, and the
gentleman talked to me about it and I looked at it, and all of us are
trying to do the same thing: make sure that we do some reform, but that
we do not go too far. I think Gordon England is the right one to look
at this thing. I know the Defense Department is very nervous about the
direction they were going at first, and I am afraid this bill will be
vetoed if it has this language in it.
Mr. DICKS. Mr. Chairman, reclaiming my time, I just mention this to
my friend from Pennsylvania, that the Steel Workers Union of America is
strongly in favor of this legislation. They want to see workers
protected.
Mr. MURTHA. Mr. Chairman, if the gentleman will further yield, I do
not doubt they are, and I appreciate their recommendation; but this is
the wrong approach to it. It just goes a little too far. I think we
need to work on this kind of thing together. And at the last minute, it
just makes it hard for us to accept something like this. So I would
hope we defeat this amendment and try to work something out later on.
The CHAIRMAN. The time of the gentleman from Washington (Mr. Dicks)
has expired.
(By unanimous consent, Mr. Dicks was allowed to proceed for 30
additional seconds.)
Mr. DICKS. Mr. Chairman, I would just point out one other thing to my
distinguished chairman. I had no idea that this amendment would be
offered on the floor; but once it was, I felt compelled to speak on
behalf of it.
Mr. DAVIS of Illinois. Mr. Chairman, I move to strike the requisite
number of words.
I rise in support of the Inslee-Van Hollen amendment, and I do so
because the basic rights and freedoms that we are attempting to
guarantee for these civilian labor forces in DOD are those rights for
which our military has fought and continues to fight.
The real reason that we are involved in Iraq and in other places
throughout the world is to guarantee rights and freedoms for
individuals. We simply want to guarantee those same rights and freedoms
for our workforce.
I was heartened to hear the gentleman from California (Mr. Lewis)
suggest that perhaps there is a window of opportunity for continuous
discussion, for continuous interaction. I was pleased to hear the
ranking member suggest that this is the last minute; and, hopefully, we
can have continuous discussions over an extended period of time to make
sure that we can guarantee for our civilian workforce those rights and
privileges for which our military fights throughout the world.
So I support this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Washington (Mr. Inslee).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. INSLEE. Mr. Chairman, I demand a recorded vote, and pending that,
I make the point of order that a quorum is not present.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Washington (Mr. Inslee)
will be postponed.
The point of no quorum is considered withdrawn.
Amendment Offered by Mr. Strickland
Mr. STRICKLAND. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Strickland:
At the end of the bill (before the short title), insert the
following:
TITLE X--ADDITIONAL GENERAL PROVISIONS
Sec. 10001. None of the funds appropriated or otherwise
made available by this Act may be used for any plan for
compensation of individuals held in military prisons under
the control of the United States in Iraq unless the plan
includes a provision to address the injuries suffered by the
17 citizens of the United States who were held as prisoners
of war by the regime of Saddam Hussein during the Persian
Gulf War in 1991.
Mr. STRICKLAND (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on
the gentleman's amendment.
Mr. STRICKLAND. Mr. Chairman, I thank the gentleman for reserving a
point of order.
Mr. Chairman, I intend to withdraw this amendment; but, first of all,
I would like to take some moments to speak about it, because I think it
is an issue that needs to be brought to the attention of this body.
We all know that during the 1991 Gulf War, Iraq savagely tortured
American POWs by inflicting beatings, starvation, electric shock,
whippings, mock executions, threatened castration, broken bones, and
burst eardrums. These actions were condemned by this Congress on three
different resolutions.
In April of 2002, these ex-POWs filed suit against the Iraqi regime
under the law that this Congress had passed that allowed torture
victims to file suit against terrorist states. If successful in court,
these victims are then ensured access to the blocked assets of that
terrorist state to obtain payment.
Through their suit, the POWs sought to raise public awareness about
POWs, to hold Saddam Hussein and his regime accountable, and to deter
the torture of American servicemen and -women in the future, and to
obtain compensation for their injuries.
Last year, a Federal judge ruled in favor of the 17 POWs that filed
suit. However, the Bush administration has stood in the way of these
POWs getting the payments awarded them by claiming that the
compensation would hamper the reconstruction of Iraq. The
administration even appealed the judgment and spent tax dollars
fighting the American POWs in court. Sadly, the administration was
recently successful in overturning the judgment that allowed the
compensation of these ex-POWs.
Now, at the same time the administration was opposing these American
POWs in court, Secretary Rumsfeld testified before the Senate Committee
on Armed Services saying, ``I am seeking a way to provide appropriate
compensation'' to the Iraqi detainees at Abu Ghraib prison.
[[Page H4725]]
So while compensating Iraqi prisoners may be the right thing to do,
we should not do this at the very same time that we are refusing to
work with the 17 American POWs who won compensation under a law that
many of us voted for.
A newspaper back in Ohio read like this: ``It was the United States
of America and Saddam Hussein versus American POWs, and the United
States and Saddam Hussein won.''
My amendment, if it was not objected to, would prohibit the
Department of Defense from providing compensation to the Iraqi
detainees abused at Abu Ghraib until that compensation plan also
addressed the injuries suffered by the 17 Americans held as prisoners
of war under the regime of Saddam Hussein during the first Gulf War.
Now, over on the Senate side, over on the Senate side they passed by
unanimous consent as a part of the Defense authorization bill language
identical to the language I have in this amendment. It was offered by
Senator Reid, and it was co-sponsored by Senator Warner and Senator
Levin.
So, Mr. Chairman, although I am withdrawing this amendment due to the
objection, I would hope that this body would recognize the injustice.
How can we justify providing compensation to Iraqi POWs and fight the
compensation for American POWs who were abused in the same way at the
very same prison?
So I look forward to working with my colleagues in the days and weeks
to come. I intend to find some vehicle, some mechanism to make sure
that this injustice is corrected.
Mr. Chairman, I withdraw my amendment.
The CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
Mr. STENHOLM. Mr. Chairman, I move to strike the last word.
Mr. Chairman, as we all know, and certainly the subcommittee is aware
very strongly, the B-1 bomber is an integral part of our bomber fleet.
The long-range strike capability of our national defense is enhanced by
the superior payload capability, speed, and accuracy of this aircraft.
The Defense authorization and appropriation committees and my good
friends, the gentleman from Pennsylvania (Mr. Murtha), the gentleman
from Missouri (Mr. Skelton), the gentleman from California. (Mr.
Hunter), and the gentleman from California (Chairman Lewis), have
recognized the importance of the B-1 to the Air Force. It performed
admirably in Afghanistan and Iraq.
I rise today to discuss provisions in the Defense appropriations and
authorization bills that address the reinstatement of B-1s to the
fleet. As a strong supporter of the B-1 and having been closely
associated with this issue since 1985 when the first B-1 was assigned
to Dyess Air Force Base, my support is, and always has been, a
commonsense approach that advocates the best for the Air Force.
The B-1 fleet was recently reduced to its current size of 60
aircraft, with assurances that upgrades will be made to the fleet to
increase mission capability rates, defensive systems, and lethality. I
supported the Air Force decision in its plan to keep fewer, but top-
quality, mission-capable B-1s.
The Defense Authorization Act included a provision for $105 million
to regenerate an additional 10 B-1s above the Air Force recommendation
to reinstate seven. The Subcommittee on Defense Appropriations brings
to the floor today a recommendation which follows the Air Force's
recommendation to regenerate seven aircraft, and also follows the Air
Force confirmation that additional funding is not needed beyond the $17
million appropriated for this purpose in fiscal year 2004.
My concern about the funding for regenerated B-1s is the fact that
$17 million may not be enough for the seven aircraft that initially
cost $283 million each. Again, I strongly support the B-1, but also
strongly support full funding for the entire fleet. If we are going to
add seven planes, I would like assurances from the chairman and ranking
member today that they do believe that the Air Force is correct that
$17 million is sufficient funding to keep 67 planes in the air, flying,
with the mission that I know that they support.
Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
Mr. STENHOLM. I yield to the gentleman from California.
Mr. LEWIS of California. Mr. Chairman, we understand my colleague's
concern, and we can tell the gentleman that we believe that there is
adequate funding.
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. STENHOLM. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Chairman, we will make sure there is enough money to
take care of those airplanes.
Mr. STENHOLM. Mr. Chairman, I appreciate that. I hope that the
chairman and ranking member understand the concern here.
As I said before, I have always followed the recommendations of the
Air Force. We have some concerns, we are standing down the 13th bomb
squadron today at Dyess at the same time we got agreement that the
fleet will receive seven extra planes. That takes operational money.
That takes manpower. There are some recommendations that are going
forward that caused this concern, but I do appreciate the reassurances
of the chairman and the ranking member, and we look forward to working
with my colleagues to see that the full 67 plane force is, in fact,
fully funded and operational to do the job that they have been called
on to do in Iraq and Afghanistan and, hopefully, if called upon again,
will be able to do as good or a better job.
Mr. MORAN of Kansas. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I appreciate the courtesies extended to me by the
gentleman from California (Mr. Lewis), the chairman.
I rise to discuss an amendment that under appropriate circumstances,
if the rules allowed, I would offer today concerning the health care
services that are being provided to our service men and women.
{time} 1645
In 1997 this Congress passed legislation requiring the Department of
Defense to conduct predeployment and post-deployment physicals for our
servicemen and women, and as a member of the House Committee on
Veterans' Affairs and one who chaired the Committee on Veterans'
Affairs Subcommittee on Health for a number of years, we looked at this
issue, and my goal in examining what was going on or not going on was
based on a concern that we did not want our servicemen and women to
return to the United States after deployment and incur Persian Gulf War
syndrome.
And one of the things we learned from the Persian Gulf War syndrome
studies was that we needed a baseline to know what our servicemen and
women encountered, what their health condition was before they departed
for their deployment and what their physical condition was when they
returned.
In 1997, Congress passed legislation requiring the Department of
Defense to conduct physical examinations upon those servicemen and
women. I have concerns that those physical examinations are not
occurring, and in fact, the GAO report that my subcommittee heard
about, took testimony from the GAO, indicates that someplace between 38
and 98 percent of the deployed personnel are lacking in one or both of
those physical examinations.
Again, this is an issue that I have requested an additional hearing
from the Committee on Veterans' Affairs. During my term as subcommittee
chairman, we conducted a series of hearings about the health conditions
that our servicemen and women were encountering, and believed that it
is awfully important for these physicals to take place, and it is
uncertain as to whether they are.
In fact, in March of this year, the Committee on Government Reform
Subcommittee on National Security, Emerging Threats and International
Relations took testimony, and the DOD indicated that servicemen and
women who answer yes to certain questions on the questionnaire then
have a referral for additional examinations. That implies to me that
those who answer no to questions are not receiving those health care
physical examinations by health care personnel.
And so the amendment that I am discussing here today would express a
sense of Congress that the Department of Defense should fully comply
with section 107(f)(b) of Title 10 of the United States Code relating
to those
[[Page H4726]]
predeployment and post-deployment medical examinations.
And, again, I would hope that we could hold the Department of
Defense's feet to the fire for purposes of protecting the lives and
safety and the health of our servicemen and women now deployed.
Mr. HOYER. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I want to rise and thank the chairman and the ranking
member for accepting the amendment that I offered in full committee on
torture, and I want to speak just for a few minutes on that amendment.
Mr. Chairman, the American people watched with shock and horror, as
all of us did, as the photos of physical and psychological abuse being
inflicted upon Iraqi detainees at the hands of U.S. military personnel
were broadcast for the world to see.
Many Members of the House have subsequently expressed their outrage,
frankly, and disgust at the acts of torture that took place at Abu
Ghraib prison in Iraq.
Some, Mr. Chairman, believe there has been an overreaction, that we
are spending too much time on this issue.
Mr. Chairman, I disagree with that view. We must move beyond the mere
expressions of outrage, and we must uncover the facts surrounding the
torture that occurred at Abu Ghraib, and perhaps at other places as
well.
Why? To undermine our efforts in Afghanistan and Iraq? Absolutely
not.
To in any way cast doubt on the integrity, courage and good conduct
of the thousands of men and women who wear our uniform? Absolutely not.
But we must do so, Mr. Chairman, to emphatically affirm the values
for which we fight. These actions represent a grave breach of decades
of international and domestic law, and those involved in allowing or in
creating an atmosphere in which such actions may seem to be condoned
must be held as accountable as those who perpetrated them.
Does a 20-year-old army private decide to put a dog leash on a nude
Iraqi detainee and parade him in front of the others and photograph
him? I think not.
Do young military guards decide to release guards on detainees? I
hope not and I think not.
Secretary Rumsfeld's recent admission of his own violation of the
Geneva Convention ordering the secret detention of an Iraqi prisoner
for 7 months raises serious questions about the extent of the
coordination of the treatment of prisoners of war and detainees in
Iraq, Afghanistan and Guantanamo Bay.
The international reaction to these actions damaged our standing in
the world. It has undermined our credibility. It has made the already
difficult job of securing a broader coalition of support in Iraq and
achieving our objectives in Iraq, which I have consistently supported
and support to this day, it makes that more difficult, and it has
increased the danger of Americans in Iraq and around the world.
While it is true that torture is a clear violation of American and
international law, that is not the reason that the United States of
America renounces its use.
While it is true that torture undermines our credibility and
increases the danger to any Americans traveling abroad, that is not the
reason that we renounce its use.
While it is true that torture produces entirely unreliable
information, that is not the reason that we renounce its use.
In fact, in a field manual 3452, a 1992 field manual still in force
and serves as a basic primer for students and instructors in the army
that outlines the Army's doctrine for conducting interrogations, it in
the final analysis says this: Imagine that a technique was being
applied to American prisoners of war, and ask yourself if it would be
consistent with U.S. law. If a doubt still remains as to the legality
of a proposed action, seek a legal opinion from your servicing judge
advocate.
In other words, do not do these things if you think they would
violate U.S. law.
There is another standard that was set forth in a manual of the Army
which I thought made a lot of common sense. And it said to them if you
would not want an American detainee or prisoner treated in the way you
are treating a prisoner, do not do it.
Mr. Chairman, the United States of America renounces the use of
torture and mistreatment of prisoners of war and other detainees
because it is contrary to the principles upon which the Nation was
founded, contrary to our commitment to human rights, and contrary to
the value we place on the dignity of all people.
The CHAIRMAN. The time of the gentleman from Maryland (Mr. Hoyer) has
expired.
(By unanimous consent, Mr. Hoyer was allowed to proceed for 1
additional minute.)
Mr. HOYER. Torture, Mr. Chairman, is quite simply un-American. It is
alien to who we are as a people. And where others may seek to
rationalize its use, we must not. We must make clear to those who are
watching, both friends and foe, that we do not tolerate the behavior
that took place, that we will hold accountable all those who are
responsible. And that it is not now, nor will it be, the policy of this
great and good Nation to sanction the use of torture.
Mr. Chairman, today through language that was included in the fiscal
2005 defense appropriation act for which, again, I thank the chairman
and ranking member, we again take an essential step by reaffirming that
torture is, in fact, illegal under American and international law, that
it is not consistent with American values, and that it is not a policy
accepted by the United States of America.
The CHAIRMAN. Are there any further amendments to this portion of the
bill?
The Clerk will report the final two lines.
The Clerk read as follows:
This Act may be cited as the ``Department of Defense
Appropriations Act, 2005''.
Amendment Offered by Mr. Inslee
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will
now resume on the request for a recorded vote on the amendment by the
gentleman from Washington (Mr. Inslee) on which further proceedings
were postponed and on which the noes prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 202,
noes 218, not voting 13, as follows:
[Roll No. 283]
AYES--202
Abercrombie
Ackerman
Alexander
Allen
Andrews
Baca
Baird
Baldwin
Becerra
Bell
Berkley
Berry
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardin
Cardoza
Carson (OK)
Case
Chandler
Clay
Clyburn
Conyers
Cooper
Costello
Cramer
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Dooley (CA)
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frost
Gonzalez
Gordon
Green (TX)
Grijalva
Gutierrez
Harman
Herseth
Hill
Hinchey
Hoeffel
Holden
Holt
Honda
Hooley (OR)
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind
Kleczka
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Lynch
Majette
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Moore
Moran (VA)
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Sherman
Simmons
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
[[Page H4727]]
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Wexler
Wolf
Woolsey
Wu
Wynn
NOES--218
Aderholt
Akin
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole
Collins
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Everett
Feeney
Ferguson
Flake
Foley
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCotter
McCrery
McHugh
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Wicker
Wilson (NM)
Wilson (SC)
Young (AK)
Young (FL)
NOT VOTING--13
Bereuter
Berman
Carson (IN)
DeMint
Deutsch
Gephardt
Hastings (FL)
Hinojosa
McInnis
Mollohan
Reyes
Tauzin
Whitfield
Announcement by the Chairman
The CHAIRMAN (during the vote). Members are advised there are 2
minutes remaining in this vote.
{time} 1721
Mr. CHOCOLA and Mr. RENZI changed their vote from ``aye'' to ``no.''
Ms. CORRINE BROWN of Florida, Mr. BOSWELL, and Mr. JOHNSON of
Illinois changed their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN. Are there any further amendments?
If not, under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Linder) having assumed the chair, Mr. Camp, Chairman of the Committee
of the Whole House on the State of the Union, reported that that
Committee, having had under consideration the bill (H.R. 4613) making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2005, and for other purposes, pursuant to House
Resolution 683, he reported the bill as amended pursuant to that
resolution back to the House with sundry further amendments adopted in
the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment? If not, the Chair will
put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
Under clause 10 of rule XX, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, this 15-minute vote on passage will
be followed by a 5-minute vote, as ordered, on a motion to suspend the
rules and adopt House Resolution 658.
The vote was taken by electronic device, and there were--yeas 403,
nays 17, not voting 13, as follows:
[Roll No. 284]
YEAS--403
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Becerra
Bell
Berkley
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carson (OK)
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Clyburn
Coble
Cole
Collins
Cooper
Costello
Cox
Cramer
Crane
Crenshaw
Crowley
Cubin
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Dooley (CA)
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emanuel
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Foley
Forbes
Ford
Fossella
Frank (MA)
Franks (AZ)
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Hill
Hinchey
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley (OR)
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Kleczka
Kline
Knollenberg
Kolbe
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Lynch
Majette
Maloney
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCotter
McCrery
McGovern
McHugh
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Moore
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Oxley
Pallone
Pascrell
Pastor
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Renzi
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schiff
Schrock
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
[[Page H4728]]
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Toomey
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Vitter
Walden (OR)
Walsh
Wamp
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Wynn
Young (AK)
Young (FL)
NAYS--17
Conyers
Honda
Jackson (IL)
Jackson-Lee (TX)
Kucinich
Lee
Lewis (GA)
McDermott
Owens
Paul
Payne
Schakowsky
Stark
Waters
Watson
Watt
Woolsey
NOT VOTING--13
Bereuter
Berman
Carson (IN)
DeMint
Deutsch
Gephardt
Hastings (FL)
Hinojosa
McInnis
Mollohan
Reyes
Tauzin
Whitfield
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Linder) (during the vote). Two minutes
remain in this vote.
{time} 1740
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________Legislative Activity
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House amendment offered
June 22, 2004
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House amendment offered
June 22, 2004
Floor
House amendment agreed to: On agreeing to the Lewis (CA) amendments (A005) Agreed to by voice vote.
June 22, 2004 • 4:11 PM
Not Used
Amendment agreed to Committee of the Whole
June 22, 2004 • 4:11 PM
Not Used
House amendment offered/reported by : Amendments (A005) offered by Mr. Lewis (CA).(consideration: CR H4718-4719; text: CR H4718-4719)
June 22, 2004 • 4:11 PM
Floor
Amendments (A005) offered by Mr. Lewis (CA). (consideration: CR H4718-4719; text: CR H4718-4719)
June 22, 2004 • 4:11 PM
Floor
On agreeing to the Lewis (CA) amendments (A005) Agreed to by voice vote.
June 22, 2004 • 4:11 PM