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H.R.2658 / 108th Congress

Department of Defense Appropriations Act, 2004

Became Public Law No: 108-87.

Official summary

Version 79 · Reported to House without amendment · Jul 2, 2003

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

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

Title II: Operation and Maintenance - Appropriates funds for FY 2004 for operation and maintenance (O&M) of the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) the Overseas Contingency Operations Transfer Account; (2) the United States Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, and Air Force and defense-wide; (4) environmental restoration at formerly used defense sites; (5) overseas humanitarian,disaster, and civic aid; and (6) former Soviet Union threat reduction. Title III: Procurement - Appropriates funds for FY 2004 for procurement by the armed forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. Appropriates funds for: (1) defense-wide procurement; (2) National Guard and reserve equipment; and (3) certain procurements under the Defense Production Act of 1950. Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY 2004 for research, development, test and evaluation (RDT&E) by the armed forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation. Title V: Revolving and Management Funds - Appropriates funds for the Defense Working Capital funds and programs under the National Defense Sealift Fund.Title VI: Other Department of Defense Programs - Appropriates funds for: (1) Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General. Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; and (3) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund). Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds. (Sec. 8008) Authorizes procurement funds to be used for multiyear procurement contracts for F/A-18 aircraft, E-2C aircraft, and the Tactical Tomahawk missile. (Sec. 8010) Prohibits during FY 2004 the management by end strengths of DOD civilian personnel. (Sec. 8018) Authorizes the Secretary of Defense (Secretary) to establish, with host governments of NATO-member countries, an account for the deposit of residual amounts negotiated in the return of U.S. military installations to such countries.(Sec. 8027) Authorizes DOD to incur obligations of up to $350 million for DOD military personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait. (Sec. 8029) Prohibits the use of funds from this Act to establish a new DOD federally funded research and development center (FFRDC). Limits the Federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY2004 FFRDC funds for new building construction, cost-sharing payments for projects funded by Government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY 2004 funds. Reduces by $74.2 million the total amount appropriated in this Act for FFRDCs. (Sec. 8030) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating. (Sec. 8033) Requires the Secretary to report to Congress on the amount of DOD purchases from foreign entities in FY 2004. (Sec. 8036) Directs the President to include within each fiscal year budget the amounts requested for administrative activities of DOD, the military departments, and the defense agencies.(Sec. 8039) Authorizes the Secretary of the Air Force to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield program to resolve any housing unit conflicts arising after such conveyance.(Sec. 8044) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities. (Sec. 8045) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea, unless specifically appropriated for such purpose; (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30,2002, level; and (5) to transport chemical munitions to the Johnston Atoll for storage or demilitarization (with an exception and an authorized wartime waiver by the President). (Sec. 8048) Authorizes the Secretary of the Navy to lease real and personal property at the Adak Naval Air Facility, Alaska. (Sec. 8049) Rescinds specified funds from various accounts under prior defense appropriations Acts. (Sec. 8055) Directs the Secretary to certify to Congress that the total renovation costs for wedges 2 through 5 of the Pentagon Reservation, cumulatively, will not exceed four times the total renovation cost of wedge 1. Authorizes an annual cost inflation adjustment. Excludes certain costs under such limitation, including costs necessary as a result of the terrorist attack on the Pentagon. Requires certification reports until all renovation is completed. (Sec. 8057) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency for drug interdiction and counter-drug activities. (Sec. 8065) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any UN peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice. (Sec. 8066) Authorizes the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees. (Sec. 8075) Prohibits the use of appropriated funds for approving the license or sale of the F-22 advanced tactical fighter to any foreign government. (Sec. 8076) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions. (Sec. 8077) Prohibits the use of appropriated funds to support a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver). (Sec. 8078) Authorizes the Secretary to carry out a program to distribute surplus DOD dental equipment to Indian health service facilities and federally-qualified health centers. (Sec. 8083) Provides for the crediting during the current fiscal year of certain refunds attributable to the use of Government travel or purchase cards or refunds for travel arranged by a Government-contracted travel management center. (Sec. 8084) Prohibits appropriated funds from being used for a mission critical or mission essential financial management information technology system that is not registered with the DOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, until the Chief Information Officer certifies that the system is being developed in accordance with the Clinger-Cohen Act of 1996. (Sec. 8086) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD. (Sec. 8087) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain youth, social, or fraternal nonprofit organizations. (Sec. 8094) Reduces by $172.5 million the total amount of O&M funds appropriated in this Act to reflect savings attributable to improvements in the management of professional support services, surveys and analysis, and engineering and technical support contracted by the military departments. (Sec. 8095) Makes specified Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts. (Sec. 8096) Authorizes the Secretary of the Navy to settle any and all admiralty claims arising out of the collision involving the U.S.S. GREENEVILLE and the EHIME MARU. (Sec. 8099) Reduces the total amount of O&M funds appropriated in this Act by: (1) $320 million to reduce cost growth in information technology development; (2) $539 million to reflect cash balance and rate stabilization adjustments; and (3) $67 million to reduce excess funded carryover. (Sec. 8103) Appropriates funds for a grant by the Secretary of the Army to facilitate access by veterans to opportunities for skilled employment in the construction industry. (Sec. 8104) Allows O&M funds to be used to support chaplain-led programs to assist military personnel and their immediate family members in building and maintaining a strong family structure. (Sec. 8105) Directs: (1) DOD and the Army to make future budgetary and programming plans to fully finance the Non-Line of Sight Objective Force cannon and resupply vehicle program in order to field such system in the 2008 timeframe; and (2) the Army to ensure that budgetary and programmatic plans will provide for no fewer than six Stryker Brigade Combat Teams to be fielded between 2003 and 2008. (Sec. 8106) Requires the program manager for the Assembled Chemical Weapons Assessment to be responsible for the construction, operation, and closure, and any contract relating thereto, of chemical demilitarization activities at: (1) the Bluegrass Army Depot, Kentucky, if a technology other than the baseline incineration program is selected; and (2) the Pueblo Army Depot, Colorado. (Sec. 8107) Appropriates funds for a grant to the American Red Cross for Armed Forces Emergency Services. (Sec. 8110) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system. (Sec. 8112) Earmarks O&M funds for the Regional Defense Counter-terrorism Fellowship Program. (Sec. 8113) Directs the Secretary of the Interior, in exchange for certain private property, to convey to the Veterans Home of California-Barstow all rights and interest to a parcel of property in the Mojave National Preserve designated as a national World War I memorial. Requires the conveyed property to continue to be used as such memorial. (Sec. 8115) Directs the Secretary of the Air Force to convey to the Inland Valley Development Agency, California, all rights and interest to certain parcels of property in San Bernardino, California, currently leased to the Defense Finance and Accounting Service. Requires a leaseback arrangement to be entered for the Service. (Sec. 8116) Authorizes the Secretary of the Navy to charter, through FY 2008, the vessel RV CORY CHOUEST in support of the Surveillance Towed Array Sensor program. (Sec. 8117) Appropriates funds for a grant to the Silver Valley Unified School District, California, for school construction at Fort Irwin, California. (Sec. 8118) Reduces the total amount of O&M funds appropriated in this Act by: (1) $294 million to reflect savings attributable to efficiencies and management improvements in the funding of miscellaneous and other contracts in the military departments; and (2) $600 million to reflect cash balance and rate stabilization adjustments in the Department of Defense Transportation Working Capital Fund. (Sec. 8120) Rescinds $2 billion of the funds appropriated for the Iraq Freedom Fund under the Emergency Wartime Supplemental Appropriations Act, 2003. (Sec. 8124) Provides that when research and development on the Terrorism Information Awareness program permits its deployment or implementation, no Federal department, agency, or element may deploy or implement such program until the Secretary: (1) notifies Congress of its development; and (2) has received specific authorization by law from Congress for such deployment or implementation. Provides deployment or implementation exceptions. (Sec. 8125) Directs the Secretary of the Navy to close Naval Station Roosevelt Roads, Puerto Rico, within six months after enactment of this Act.

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Who introduced it

Rep. Lewis, Jerry [R-CA-41] · R–CA

Committees

  • Appropriations Committee
0 cosponsorship records, including any withdrawals

    Actions

    A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

    1. Became Public Law No: 108-87.

    2. Became Public Law No: 108-87.

    3. Signed by President.

    4. Signed by President.

    5. Presented to President.

    6. Presented to President.

    7. Message on Senate action sent to the House.

    8. Senate agreed to conference report by Yea-Nay Vote. 95 - 0. Record Vote Number: 364.

      Senate roll call 364 · Individual votes
    9. Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 95 - 0. Record Vote Number: 364.

      Senate roll call 364 · Individual votes
    10. Conference report considered in Senate. (consideration: CR S11938-11943)

    11. Conference papers: Senate report and manager's statement held at the desk in Senate.

    12. Conference papers: message on House action held at the desk in Senate.

    13. On agreeing to the conference report Agreed to by the Yeas and Nays: 407 - 15 (Roll no. 513).

      House roll call 513 · Individual votes
    14. Motions to reconsider laid on the table Agreed to without objection.

    15. Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 407 - 15 (Roll no. 513).

      House roll call 513 · Individual votes
    16. The previous question was ordered without objection.

    17. DEBATE - The House proceeded with one hour of debate on the conference report to accompany H.R. 2658.

    18. Mr. Lewis (CA) brought up conference report H. Rept. 108-283 by previously agreed to special order. (consideration: CR H8784-8793)

    19. Mr. Lewis (CA) asked unanimous consent That it be in order at any time to consider the conference report to accompany H.R. 2658, that all points of order against the conference report and against its consideration be waived, and that the conference report be considered as read. Agreed to without objection.

    20. Conference report H. Rept. 108-283 filed. (text of conference report: CR H8500-8784)

    21. Conference report filed: Conference report H. Rept. 108-283 filed.(text of conference report: CR H8500-8784)

    22. Conferees agreed to file conference report.

    23. Conference committee actions: Conferees agreed to file conference report.

    24. Motion to reconsider laid on the table Agreed to without objection.

    25. On motion to close portions of the conference Agreed to by the Yeas and Nays: 424 - 0 (Roll no. 503). (consideration: CR H8255)

      House roll call 503 · Individual votes
    26. Mr. Young (FL) moved that the House close portions of the conference.

    27. The Speaker appointed conferees: Lewis (CA), Young (FL), Hobson, Bonilla, Nethercutt, Cunningham, Frelinghuysen, Tiahrt, Wicker, Murtha, Dicks, Sabo, Visclosky, Moran (VA), and Obey.

    28. Motion to reconsider laid on the table Agreed to without objection.

    29. On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection. (consideration: CR H8228)

    30. Mr. Knollenberg moved that the House disagree to the Senate amendment, and agree to a conference.

    31. Message on Senate action sent to the House.

    32. Senate insists on its amendment, asks for a conference, appoints conferees Stevens; Cochran; Specter; Domenici; Bond; McConnell; Shelby; Gregg; Hutchison; Burns; Inouye; Hollings; Byrd; Leahy; Harkin; Dorgan; Durbin; Reid; Feinstein. (consideration: CR S9572 )

    33. Passed Senate with an amendment by Yea-Nay Vote. 95 - 0. Record Vote Number: 290. (text: CR 7/21/2003 S9643-9659)

      Senate roll call 290 · Individual votes
    34. Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 95 - 0. Record Vote Number: 290.(text: CR 7/21/2003 S9643-9659)

      Senate roll call 290 · Individual votes
    35. Considered by Senate. (consideration: CR S9516-9545, S9547-9558, S9560-9575)

    36. Considered by Senate. (consideration: CR S9448-9456, S9457-9484)

    37. Considered by Senate. (consideration: CR S9360-9366, S9369-9399)

    38. Measure laid before Senate by unanimous consent. (consideration: CR S9312-9316)

    39. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 190.

    40. Received in the Senate.

    41. Motion to reconsider laid on the table Agreed to without objection.

    42. On passage Passed by the Yeas and Nays: 399 - 19 (Roll no. 335).

      House roll call 335 · Individual votes
    43. Passed/agreed to in House: On passage Passed by the Yeas and Nays: 399 - 19 (Roll no. 335).

      House roll call 335 · Individual votes
    44. The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.

    45. The previous question was ordered pursuant to a previous order of the House.

    46. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2658.

    47. UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of the amendment offered by Mr. Hostettler which had been debated earlier and on which further proceedings had been postponed.

    48. The House resolved into Committee of the Whole House on the state of the Union for further consideration.

    49. Considered as unfinished business. (consideration: CR H6318-6320)

    50. Committee of the Whole House on the state of the Union rises leaving H.R. 2658 as unfinished business.

    51. PROCEEDINGS POSTPONED - At the conclusion of debate on the amendment, and the reservation of a point of order having been withdrawn, the Chair put the question on the adoption of the Hostettler amendment and by voice vote, announced that the noes had prevailed. Mr. Hostettler demanded a recorded vote and the Chair postponed further proceedings on the adoption of the amendment until later in the legislative day.

    52. DEBATE - The Committee of the Whole proceeded with debate on the Hostettler amendment under the five-minute rule pending reservation of a point of order.

    53. DEBATE - The Committee of the Whole proceeded with debate on the Inslee amendment under the five-minute rule pending reservation of a point of order.

    54. DEBATE - The Committee of the Whole proceeded with debate on the Bordallo amendment pending reservation of a point of order.

    55. DEBATE - The Committee of the Whole proceeded with debate on the Acevedo-Vila amendment under the five-minute rule pending reservation of a point of order.

    56. DEBATE - The Committee of the Whole proceeded with debate on the DeFazio amendment under the five-minute rule pending reservation of a point of order.

    57. FIVE-MINUTE RULE - The Committee of the Whole is proceeding with consideration under the five-minute rule.

    58. POINT OF ORDER RESERVED - The Committee of the Whole proceeded with debate on the Blumenauer amendment under the five-minute rule, pending reservation of a point of order against the amendment.

    59. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2658.

    60. The Speaker designated the Honorable Dave Camp to act as Chairman of the Committee.

    61. The House resolved into Committee of the Whole on the state of the Union pursuant to a previous order of the House.

    62. Considered by previous order of the House. (consideration: CR H6276-6303; text of Title I as reported in House: CR H6283-6284; text of Title II as reported in House: CR H6284-6285; text of Title III as reported in House: CR H6285-6287; text of Title IV as reported in House: CR H6287; text of Title V as reported in House: CR H6287; text of Title VI as reported in House: CR H6287-6288; text of Title VII as reported in House: CR H6288; text of Title VIII as reported in House: CR H6288-6297)

    63. Consideration initiated by previous order of the House.

    64. Placed on the Union Calendar, Calendar No. 96.

    65. The House Committee on Appropriations reported an original measure, H. Rept. 108-187, by Mr. Lewis (CA).

    66. The House Committee on Appropriations reported an original measure, H. Rept. 108-187, by Mr. Lewis (CA).

    67. Introduced in House

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