I 

108TH CONGRESS 

1ST SESSION H. R. 1588

To authorize appropriations for fiscal year 2004 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2004, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2003

Mr. HUNTER (for himself and Mr. SKELTON) (both by request) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL

To authorize appropriations for fiscal year 2004 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2004, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2004’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows:
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Sec. 1. Short title. 

Sec. 2. Table of contents. 

DIVISION A—DEPARTMENT OF DEFENSE 

AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. Defense Inspector General. 

Sec. 106. Defense health program. 

Sec. 107. Chemical agents and munitions destruction. 

Subtitle B—Multi-Year Contract Authorizations 

Sec. 111. Multiyear procurement authority for Navy programs. 

Sec. 112. Amendment to multiyear procurement authority for C-130J aircraft 

for the Air Force. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Ballistic Missile Defense 

Sec. 211. Renewal of authority to assist local communities impacted by ballistic 

missile defense system test bed. 

Subtitle C—Other Matters 

Sec. 221. Rescind the prohibition on research and development of low-yield nuclear weapons. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Armed Forces Retirement Home. 

Subtitle B—Environmental Provisions 

Sec. 311. Clarify definitions of salvage facilities and salvage services to include 

environmental responses and related equipment. 

Sec. 312. Authorization for federal participation in wetland mitigation banks. 

Sec. 313. Provision to exempt restoration advisory boards from the Federal Advisory Committee Act. 

Sec. 314. Repeal of military equipment and infrastructure: prevention and mitigation of corrosion. 

Subtitle C—Workplace and Depot Issues 
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Sec. 321. Repeal of time limitation on exclusion of expenditures on contracting 

for depot-level maintenance. 

Sec. 322. Exception to competition requirement for depot-level maintenance 

and repair. 

Sec. 323. Exclude workloads for special access programs from limitations on 

the performance of depot-level maintenance of materiel. 

Sec. 324. Establishing minimum level of performance of depot-level maintenance of materiel by federal government personnel or at a government-owned facility. 

Sec. 325. Centers of industrial and technical excellence: extension of partnership exemption. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2004 limitation on number of non-dual status technicians. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Repeal of prohibition against regular Navy officers transferring between line and staff corps in grades above lieutenant commander. 

Sec. 502. Retention of officers serving in health professions to fulfill active duty 

service commitments following promotion non-selection. 

Sec. 503. Requirement of exemplary conduct. 

Subtitle B—Reserve Component Management 

Sec. 511. Ready Reserve training requirement. 

Sec. 512. Streamline process to continue officers on the Reserve active status 

list. 

Subtitle C—Military Education and Training 

Sec. 521. Authority for the Marine Corps University to award the degree of 

Master of Operational Studies. 

Sec. 522. Joint professional military education. 

Subtitle D—Administrative Matters 

Sec. 531. Enhancements to personnel tempo program. 

Sec. 532. Consistent time in service retirement criteria. 

Subtitle E—Benefits 

Sec. 541. Authority to transport remains of retirees who die in military treatment facilities outside the United States. 

Sec. 542. Change family separation housing allowance from an entitlement to 

a discretionary allowance. 
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Sec. 543. Payment of dependent student baggage storage. 

Sec. 544. Modification of prohibition on requirement of nonavailability statement or preauthorization. 

Subtitle F—Military Justice Matters 

Sec. 551. Technical amendment to the Uniform Code of Military Justice concerning the offense of drunken operation of a vehicle, aircraft, 

or vessel. 

Subtitle G—Other Matters 

Sec. 561. Basic training requirement for certain members accessed under a direct entry program. 

Sec. 562. Alternate initial military service obligation for persons accessed under 

direct entry program. 

Sec. 563. Joint warfighting capabilities funding. 

Sec. 564. Reappointment of Chairman and Vice-Chairman of the Joint Chiefs 

of Staff during national emergency. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Increase in basic pay for fiscal year 2004. 

Sec. 602. Housing allowance for each married partner when both are on sea 

duty and there are no other dependents. 

Sec. 603. Amendment to basic pay for certain commissioned officers with prior 

service as an enlisted member or warrant officer. 

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Increase maximum amount of selective reenlistment bonus. 

Sec. 612. Making all warrant officers eligible for accession bonus for new officers in critical skills. 

Sec. 613. Incentive bonus: lateral conversion bonus for converting to undermanned military occupational specialties. 

Sec. 614. Extending hostile fire and imminent danger pay to Reserve component members on inactive duty. 

Sec. 615. Expanded educational assistance authority for cadets and midshipmen receiving ROTC scholarships. 

Sec. 616. Notice and wait provision concerning critical skills retention bonus. 

Sec. 617. Expansion of overseas tour extension incentive program benefits to 

officers. 

Sec. 618. One-year extension of certain bonus and special pay authorities for 

Reserve forces. 

Sec. 619. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 620. One-year extension of authorities relating to payment of other bonuses. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Shipment of a privately owned motor vehicle within the continental 

United States. 

Subtitle D—Other Matters 
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Sec. 631. Permit non-scholarship senior ROTC sophomores to voluntarily contract and receive subsistence allowance. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Revision of Department of Defense Medicare Eligible Retiree Health 

Care Fund to permit more accurate actuarial valuations. 

Sec. 702. Applicability of the Federal Advisory Committee Act to the Pharmacy 

and Therapeutics Committee. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Milestone authorization of selected defense acquisition programs. 

Sec. 802. Contract closeout. 

Sec. 803. Clarification of requirement to buy certain articles from american 

sources; exceptions. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Extend use of the Defense Modernization Account for life cycle cost 

reduction initiatives. 

Sec. 812. Extension and clarification of authority to carry out certain prototype 

projects. 

Sec. 813. Other transaction authority for modernizing legacy systems. 

Sec. 814. Authority for DoD intelligence components to award personal service 

contracts. 

Sec. 815. Elimination of subcontract notification requirements. 

Sec. 816. Exception for replacement ball bearings and roller bearings to be 

used in a component of non-domestic origin. 

Sec. 817. Industry assignment program. 

Subtitle C—Acquisition-Related Reports and Other Matters 

Sec. 821. Elimination of the requirement to furnish written assurances of technical data conformity. 

Sec. 822. Conversions of commercial activities. 

Sec. 823. Make permanent the authority to enter into certain personal services 

contracts. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Duties and Functions of Department of Defense Officers 

Sec. 901. Alternative authority for acquisition and improvement of military 

housing. 

Subtitle B—Space Activities 

Sec. 911. Authorize provision of space surveillance network services to nonUnited States government entities. 

Subtitle C—Reports 

Sec. 921. Repeal of various reports required of the Department of Defense. 
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Subtitle D—Other Matters 

Sec. 931. Combatant commands initiatives fund. 

Sec. 932. Consolidating the financial management of facilities in the national 

capital region and designated alternate sites. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Payment of full replacement value for personal property claims. 

Sec. 1002. Restoration of authority to enter into 12-month leases at any time 

during the fiscal year. 

Sec. 1003. Authority to provide reimbursement for cellular telephone use. 

Sec. 1004. Reimbursement for Reserve intelligence support. 

Sec. 1005. Increased use of energy cost savings. 

Sec. 1006. Allow the Department of Defense to capture all expired funds from 

the Military Personnel and Operation and Maintenance Appropriations Accounts for use in the Foreign Currency Fluctuations Account. 

Sec. 1007. Funding for special operations Reserve component personnel engaged in activities relating to clearance of landmines. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Reimbursement to the Navy for assistance provided in support of 

certain ship and shipboard equipment transfers. 

Sec. 1012. Vessels stricken from naval vessel register: use for experimental purposes. 

Sec. 1013. Authorize transfer of vessels stricken from the naval vessel register 

for use as artificial reefs. 

Sec. 1014. Repeal of the Shipbuilding Capability Preservation Agreement. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extend authority for use of counter drug activities. 

Sec. 1022. Department of Defense support for counter-terrorism activities in 

the Americas. 

Sec. 1023. Expansion and extension of authority to provide additional support 

for counter-drug activities. 

Subtitle D—Other Department of Defense Provisions 

Sec. 1031. Provision of living quarters for certain students. 

Sec. 1032. Repeal of required grade for defense attache ́ in France. 

Sec. 1033. National Geospatial-Intelligence Agency. 

Subtitle E—Other Matters 

Sec. 1041. Updating definitions in title 10, United States Code. 

Sec. 1042. Improving readiness in providing firefighting services. 

Sec. 1043. Documents, historical artifacts, and obsolete or surplus materiel: 

loan, donation, or exchange. 

Sec. 1044. Authority to ensure demilitarization of significant military equipment formerly owned by the Department of Defense. 

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL 
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Sec. 1101. Position vacancy promotion consideration in time of war or national 

emergency. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

Subtitle A—Matters Related to Allies and Friendly Foreign Nations 

Sec. 1201. Expansion of authority to conduct the Arctic military environmental 

cooperation program. 

Sec. 1202. Authority to waive domestic source or content requirements. 

Sec. 1203. Authority to expend funds to recognize superior noncombat achievements or performance by members of friendly foreign forces 

and other foreign nationals. 

Sec. 1204. Administrative support and services for foreign liaison officers. 

Sec. 1205. George C. Marshall European Center for Security Studies. 

Sec. 1206. Restrictions on permanent transfer of significant military equipment. 

Sec. 1207. Amendment to authority for acceptance by Asia-Pacific Center for 

Security Studies of foreign gifts and donations. 

Sec. 1208. Addition of individuals authorized to receive check cashing and exchanges of foreign currency. 

Sec. 1209. Continuation of the regional counterterrorism fellowship program. 

Sec. 1210. Logistics support for friendly nations. 

Subtitle B—Other Matters 

Sec. 1221. Repeal of the authorization for the establishment of the Center for 

the Study of Chinese Military Affairs. 

TITLE XIII—HOMELAND SECURITY 

Sec. 1301. Sales of chemical and biological defense articles and services to state 

and local governments. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification to carry out certain fiscal year 2002 projects. 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 
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TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Family housing. 

Sec. 2403. Improvements to military family housing units. 

Sec. 2404. Energy conservation projects. 

Sec. 2405. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2001 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 2000 projects. 

Sec. 2704. Effective date. 

TITLE XXVIII—GENERAL PROVISIONS 

Subtitle A—Military Construction and Military Family Housing 

Sec. 2801. Streamlining military construction to reduce facility acquisition and 

construction cycle time. 

Sec. 2802. Increased terms for leases of family housing and other facilities in 

foreign countries. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Expanded authority to transfer property at military installations to 

be closed to persons who construct or provide military housing. 

Sec. 2812. Acceptance of in-kind consideration for easements. 

Sec. 2813. Modification of authority to accept funds to cover administrative expenses relating to certain real property transactions. 

Sec. 2814. Authority to convey property at military installations to persons who 

construct or provide military housing. 

Sec. 2815. Increase in threshold for reports to congressional committees on real 

property transactions. 

Sec. 2816. Contracting with local governments for municipal services. 

Subtitle C—Other Matters 

Sec. 2821. Increase authority to lease military family housing in Italy. 

Sec. 2822. Conveyance of Army and Air Force Exchange Service property, Dallas, Texas.
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1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS

5 SEC. 101. ARMY. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2004 for procurement for the Army as follows: 

8 (1) For aircraft, $2,128,485,000. 

9 (2) For missiles, $1,459,462,000. 

10 (3) For weapons and tracked combat vehicles, 

11 $1,640,704,000. 

12 (4) For ammunition, $1,309,966,000. 

13 (5) For other procurement, $4,216,854,000. 

14 SEC. 102. NAVY AND MARINE CORPS. 

15 (a) NAVY.—Funds are hereby authorized to be appro16 priated for fiscal year 2004 for procurement for the Navy 

17 as follows: 

18 (1) For aircraft, $8,788,148,000. 

19 (2) For weapons, including missiles and tor20 pedoes, $1,991,821,000. 

21 (3) For shipbuilding and conversion, 

22 $11,438,984,000. 

23 (4) For other procurement, $4,679,443,000. 
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1 (b) MARINE CORPS.—Funds are hereby authorized to 

2 be appropriated for fiscal year 2004 for procurement for 

3 the Marine Corps in the amount of $1,070,999,000. 

4 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

5 are hereby authorized to be appropriated for fiscal year 

6 2004 for procurement of ammunition for the Navy and 

7 Marine Corps in the amount of $922,355,000. 

8 SEC. 103. AIR FORCE. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2004 for procurement for the Air Force as fol11 lows: 

12 (1) For aircraft, $12,079,360,000. 

13 (2) For missiles, $4,393,039,000. 

14 (3) For procurement of ammunition, 

15 $1,284,725,000. 

16 (4) For other procurement, $11,583,659,000. 

17 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2004 for defense-wide procurement in the 

20 amount of $3,691,006,000. 

21 SEC. 105. DEFENSE INSPECTOR GENERAL. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2004 for procurement for the Defense Inspec24 tor General in the amount of $2,100,000. 
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1 SEC. 106. DEFENSE HEALTH PROGRAM. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2004 for the Department of Defense for pro4 curement for carrying out health care programs, projects, 

5 and activities of the Department of Defense in the total 

6 amount of $327,826,000. 

7 SEC. 107. CHEMICAL AGENTS AND MUNITIONS DESTRUC8 TION. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2004 for chemical agents and munitions de11 struction in the amount of $1,650,076,000 for—

12 (1) the destruction of lethal chemical weapons 

13 in accordance with section 1412 of the Department 

14 of Defense Authorization Act, 1986 (50 U.S.C. 

15 1521); and 

16 (2) the destruction of chemical warfare material 

17 of the United States that is not covered by section 

18 1412 of such Act. 

19 Subtitle B—Multi-Year Contract 

20 Authorizations 

21 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

22 NAVY PROGRAMS. 

23 (a) MULTI-YEAR CONTRACT AUTHORITY.—Begin24 ning with the fiscal year 2004 program year, the Secretary 

25 of the Navy may, in accordance with section 2306b of title 
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1 10, United States Code, enter into multiyear contracts for 

2 procurement of the following: 

3 (1) F/A–18 aircraft. 

4 (2) E–2C aircraft. 

5 (3) the Tactical Tomahawk missile. 

6 (4) the Virginia class submarine. 

7 (b) SHIPBUILDER TEAMING.—Paragraphs (2)(A), 

8 (3), and (4) of section 121(b) of the National Defense Au9 thorization Act for Fiscal Year 1998 (Public Law 105–

10 85; 111 Stat. 1648) apply to the procurement of Virginia 

11 class submarines under this section. 

12 SEC. 112. AMENDMENT TO MULTIYEAR PROCUREMENT AU13 THORITY FOR C–130J AIRCRAFT FOR THE AIR 

14 FORCE. 

15 Section 131(a) of the Bob Stump National Defense 

16 Authorization Act for Fiscal Year 2003 (Public Law 107–

17 314; 116 Stat. 2475) is amended by striking ‘‘40 C–130J 

18 aircraft’’ and inserting ‘‘42 C–130J aircraft’’. 
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2004 for the use of the Armed Forces for re9 search, development, test, and evaluation, as follows: 

10 (1) For the Army, $9,122,825,000. 

11 (2) For the Navy, $14,106,653,000. 

12 (3) For the Air Force, $20,336,258,000. 

13 (4) For Defense-wide research, development, 

14 test, and evaluation, $18,260,918,000, of which 

15 $286,661,000 is authorized for the Director of Oper16 ational Test and Evaluation. 

17 (5) For the Defense Health Program, 

18 $65,796,000. 

19 (6) For the Defense Inspector General, 

20 $300,000.
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1 Subtitle B—Ballistic Missile 

2 Defense 

3 SEC. 211. RENEWAL OF AUTHORITY TO ASSIST LOCAL COM4 MUNITIES IMPACTED BY BALLISTIC MISSILE 

5 DEFENSE SYSTEM TEST BED. 

6 Section 235(b)(1) of the National Defense Authoriza7 tion Act for Fiscal Year 2002 (Public Law 107–107; 115 

8 Stat. 1041) is amended by striking ‘‘for fiscal year 2002’’ 

9 and inserting ‘‘for fiscal years after fiscal year 2001’’. 

10 Subtitle C—Other Matters 

11 SEC. 221. RESCIND THE PROHIBITION ON RESEARCH AND 

12 DEVELOPMENT OF LOW-YIELD NUCLEAR 

13 WEAPONS. 

14 Section 3136 of the National Defense Authorization 

15 Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 

16 1946) is repealed. 

17 TITLE III—OPERATION AND 

18 MAINTENANCE 

19 Subtitle A—Authorization of 

20 Appropriations 

21 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2004 for the use of the Armed Forces of the 

24 United States and other activities and agencies of the De-
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1 partment of Defense, for expenses, not otherwise provided 

2 for, for operation and maintenance, in amounts as follows: 

3 (1) For the Army, $24,965,342,000. 

4 (2) For the Navy, $28,287,690,000. 

5 (3) For the Marine Corps, $3,406,656,000. 

6 (4) For the Air Force, $27,793,931,000. 

7 (5) For the Defense-wide activities, 

8 $16,570,847,000. 

9 (6) For the Army Reserve, $1,952,009,000. 

10 (7) For the Naval Reserve, $1,171,921,000. 

11 (8) For the Marine Corps Reserve, 

12 $173,952,000. 

13 (9) For the Air Force Reserve, $2,179,188,000. 

14 (10) For the Army National Guard, 

15 $4,211,331,000. 

16 (11) For the Air National Guard, 

17 $4,402,646,000. 

18 (12) For the Defense Inspector General, 

19 $160,049,000. 

20 (13) For the United States Court of Appeals 

21 for the Armed Forces, $10,333,000. 

22 (14) For Environmental Restoration, Army, 

23 $396,018,000. 

24 (15) For Environmental Restoration, Navy, 

25 $256,153,000. 
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1 (16) For Environmental Restoration, Air Force, 

2 $384,307,000. 

3 (17) For Environmental Restoration, Defense4 wide, $24,081,000. 

5 (18) For Environmental Restoration, Formerly 

6 Used Defense Sites, $212,619,000. 

7 (19) For Overseas Humanitarian, Disaster, and 

8 Civic Aid programs, $59,000,000. 

9 (20) For Drug Interdiction and Counter-drug 

10 Activities, Defense-wide, $817,371,000. 

11 (21) For the Defense Health Program, 

12 $14,876,887,000. 

13 (22) For Cooperative Threat Reduction pro14 grams, $450,800,000. 

15 (23) For Overseas Contingency Operations 

16 Transfer Fund, $50,000,000. 

17 SEC. 302. WORKING CAPITAL FUNDS. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2004 for the use of the Armed Forces of the 

20 United States and other activities and agencies of the De21 partment of Defense for providing capital for working cap22 ital and revolving funds in amounts as follows: 

23 (1) For the Defense Working Capital Funds, 

24 $1,721,507,000. 
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1 (2) For the National Defense Sealift Fund, 

2 $1,062,762,000. 

3 SEC. 303. ARMED FORCES RETIREMENT HOME. 

4 There is hereby authorized to be appropriated for fis5 cal year 2004 from the Armed Forces Retirement Home 

6 Trust Fund the sum of $65,279,000 for the operation of 

7 the Armed Forces Retirement Home, including the United 

8 States Soldiers’ and Airmen’s Home and the Naval Home. 

9 Subtitle B—Environmental 

10 Provisions 

11 SEC. 311. CLARIFY DEFINITIONS OF SALVAGE FACILITIES 

12 AND SALVAGE SERVICES TO INCLUDE ENVI13 RONMENTAL RESPONSES AND RELATED 

14 EQUIPMENT. 

15 (a) SALVAGE FACILITIES.—Section 7361(a) of title 

16 10, United States Code, is amended by adding at the end 

17 the following new sentence: ‘‘Salvage facilities include, but 

18 are not limited to, equipment and gear utilized to prevent, 

19 abate or minimize damage to the environment.’’. 

20 (b) SETTLEMENT OF CLAIMS FOR SALVAGE SERV21 ICES.—Section 7363 of such title is amended by adding 

22 at the end the following new sentence: ‘‘Claims for such 

23 salvage services include, but are not limited to, those for 

24 enhanced or special compensation for services that pre25 vent, abate or minimize damage to the environment.’’. 
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1 SEC. 312. AUTHORIZATION FOR FEDERAL PARTICIPATION 

2 IN WETLAND MITIGATION BANKS. 

3 (a) IN GENERAL.—Chapter 159 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 2697. Authorization for Federal participation in 

7 wetland mitigation banks 

8 ‘‘The Secretary of a military department engaged in 

9 any activity resulting, or which may result, in the destruc10 tion of or impacts to wetlands is authorized to make pay11 ments to wetland mitigation banking programs and con12 solidated user sites (‘in-lieu-fee’ programs) that have been 

13 approved in accordance with the Federal Guidance for the 

14 Establishment, Use, and Operation of Mitigation Banks 

15 or the Federal Guidance on the Use of In-Lieu-Fee Ar16 rangements for Compensatory Mitigation Under Section 

17 404 of the Clean Water Act and Section 10 of the Rivers 

18 and Harbors Act as an alternative to creating a wetland 

19 for mitigation on Federal property for construction 

20 projects. These payments may be included as eligible 

21 project costs for military construction.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by adding 

24 at the end the following new item:

‘‘2697. Authorization for Federal participation in wetland mitigation banks.’’.
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1 SEC. 313. PROVISION TO EXEMPT RESTORATION ADVISORY 

2 BOARDS FROM THE FEDERAL ADVISORY 

3 COMMITTEE ACT. 

4 Section 2705 (d)(2) of chapter 160 of title 10, United 

5 States Code, is amended by adding at the end the fol6 lowing new subparagraph: 

7 ‘‘(C) The Federal Advisory Committee Act (5 U.S.C. 

8 App.) shall not apply to any restoration advisory board 

9 established by the Secretary pursuant to this subsection.’’. 

10 SEC. 314. REPEAL OF MILITARY EQUIPMENT AND INFRA11 STRUCTURE: PREVENTION AND MITIGATION 

12 OF CORROSION. 

13 (a) IN GENERAL.—Section 2228 of title 10, United 

14 States Code, is repealed. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 131 of this title is amended by striking the 

17 item relating to section 2228.

18 Subtitle C—Workplace and Depot 

19 Issues 

20 SEC. 321. REPEAL OF TIME LIMITATION ON EXCLUSION OF 

21 EXPENDITURES ON CONTRACTING FOR 

22 DEPOT-LEVEL MAINTENANCE. 

23 Section 2474(f)(2) of title 10, United States Code, 

24 is amended by striking ‘‘for fiscal years 2002 through 

25 2005’’. 
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1 SEC. 322. EXCEPTION TO COMPETITION REQUIREMENT 

2 FOR DEPOT-LEVEL MAINTENANCE AND RE3 PAIR. 

4 Section 2469 of title 10, United States Code, is 

5 amended by inserting at the end the following new sub6 section (d): 

7 ‘‘(d) EXCEPTIONS.—This section shall not apply with 

8 respect to depot-level maintenance and repair workload 

9 that is the subject of a public-private partnership entered 

10 into pursuant to section 2474(b) of this title provided—

11 ‘‘(1) competition is sought to select the source 

12 that will partner with the depot to perform the 

13 workload; 

14 ‘‘(2) the payment requests made by the part15 nership for work performed reflect the full cost to 

16 the Government of resources used by the depot for 

17 providing services, which shall include costs of re18 sources used, but not paid for, by the depot; 

19 ‘‘(3) the portion of the payment received by the 

20 partnership that is necessary to cover the full cost 

21 of performance by the depot, as required by para22 graph (2), is transferred to the General fund in the 

23 Treasury to the extent the payment is reimbursing 

24 the depot for federal resources the depot has used, 

25 but not paid for, in performing its work; 
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1 ‘‘(4) in accordance with applicable contracting 

2 procedures, the customer agency is not charged for 

3 any effort undertaken by the partnership to correct 

4 performance deficiencies; and 

5 ‘‘(5) the depot does not charge its partner con6 tractor for any effort the depot undertakes to cor7 rect performance deficiencies under the contract.’’. 

8 SEC. 323. EXCLUDE WORKLOADS FOR SPECIAL ACCESS 

9 PROGRAMS FROM LIMITATIONS ON THE PER10 FORMANCE OF DEPOT-LEVEL MAINTENANCE 

11 OF MATERIEL. 

12 Section 2466(d) of title 10, United States Code, is 

13 amended to read as follows: 

14 ‘‘(d) EXCEPTIONS.—Subsection (a) shall not apply 

15 with respect to—

16 ‘‘(1) the Sacramento Army Depot, Sacramento, 

17 California; and 

18 ‘‘(2) workloads for special access programs.’’. 
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1 SEC. 324. ESTABLISHING MINIMUM LEVEL OF PERFORM2 ANCE OF DEPOT-LEVEL MAINTENANCE OF 

3 MATERIEL BY FEDERAL GOVERNMENT PER4 SONNEL OR AT A GOVERNMENT-OWNED FA5 CILITY. 

6 (a) ESTABLISHING MINIMUM LEVEL.—Section 

7 2466(a) of title 10, United States Code, is amended to 

8 read as follows: 

9 ‘‘(a) ALLOCATION OF WORKLOAD PERCENTAGE.—At 

10 least 50 percent of the funds made available in a fiscal 

11 year to a military department or a Defense Agency for 

12 depot-level maintenance and repair workload shall be used 

13 for the performance of such workload for the military de14 partment or the Defense Agency by Federal Government 

15 personnel or at a Government-owned facility.’’. 

16 (b) CONFORMING AMENDMENT.—Section 2474(f)(1) 

17 of such title is amended by striking ‘‘percentage limita18 tion’’ and inserting ‘‘allocation of workload percentage’’. 

19 SEC. 325. CENTERS OF INDUSTRIAL AND TECHNICAL EX20 CELLENCE: EXTENSION OF PARTNERSHIP EX21 EMPTION. 

22 Section 2474(f)(1) of title 10, United States Code, 

23 is amended by striking ‘‘at’’ and inserting ‘‘for’’. 
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1 TITLE IV—MILITARY 

2 PERSONNEL AUTHORIZATIONS 

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2004, as follows: 

7 (1) The Army, 480,000. 

8 (2) The Navy, 373,800. 

9 (3) The Marine Corps, 175,000. 

10 (4) The Air Force, 359,300. 

11 Subtitle B—Reserve Forces 

12 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

13 (a) IN GENERAL.—The Armed Forces are authorized 

14 strengths for Selected Reserve personnel of the reserve 

15 components as of September 30, 2004, as follows: 

16 (1) The Army National Guard of the United 

17 States, 350,000. 

18 (2) The Army Reserve, 205,000. 

19 (3) The Naval Reserve, 85,900. 

20 (4) The Marine Corps Reserve, 39,600. 

21 (5) The Air National Guard of the United 

22 States, 107,000. 

23 (6) The Air Force Reserve, 75,800. 

24 (7) The Coast Guard Reserve, 10,000. 
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1 (b) ADJUSTMENTS.—The end strengths prescribed by 

2 subsection (a) for the Selected Reserve of any reserve com3 ponent shall be proportionately reduced by—

4 (1) the total authorized strength of units orga5 nized to serve as units of the Selected Reserve of 

6 such component which are on active duty (other 

7 than for training) at the end of the fiscal year; and 

8 (2) the total number of individual members not 

9 in units organized to serve as units of the Selected 

10 Reserve of such component who are on active duty 

11 (other than for training or for unsatisfactory partici12 pation in training) without their consent at the end 

13 of the fiscal year.

14 Whenever such units or such individual members are re15 leased from active duty during any fiscal year, the end 

16 strength prescribed for such fiscal year for the Selected 

17 Reserve of such reserve component shall be increased pro18 portionately by the total authorized strengths of such 

19 units and by the total number of such individual members. 

20 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

21 DUTY IN SUPPORT OF THE RESERVES. 

22 Within the end strengths prescribed in section 

23 411(a), the reserve components of the Armed Forces are 

24 authorized, as of September 30, 2004, the following num25 ber of Reserves to be serving on full-time active duty or, 
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1 in the case of members of the National Guard, full-time 

2 National Guard duty for the purpose of organizing, ad3 ministering, recruiting, instructing, or training the reserve 

4 components: 

5 (1) The Army National Guard of the United 

6 States, 25,386. 

7 (2) The Army Reserve, 14,374. 

8 (3) The Naval Reserve, 14,384. 

9 (4) The Marine Corps Reserve, 2,261. 

10 (5) The Air National Guard of the United 

11 States, 12,140. 

12 (6) The Air Force Reserve, 1,660. 

13 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

14 (DUAL STATUS). 

15 The Reserve Components of the Army and the Air 

16 Force are authorized strengths for military technicians 

17 (dual status) as of September 30, 2004, as follows: 

18 (1) For the Army Reserve, 6,699. 

19 (2) For the Army National Guard of the United 

20 States, 24,589. 

21 (3) For the Air Force Reserve, 9,991. 

22 (4) For the Air National Guard of the United 

23 States, 22,806. 
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1 SEC. 414. FISCAL YEAR 2004 LIMITATION ON NUMBER OF 

2 NON-DUAL STATUS TECHNICIANS. 

3 The number of civilian employees who are non-dual 

4 status technicians of a reserve component of the Army or 

5 Air Force as of September 30, 2004, may not exceed the 

6 following: 

7 (1) For the Army Reserve, 895. 

8 (2) For the Army National Guard of the United 

9 States, 1,600. 

10 (3) For the Air Force Reserve, 90. 

11 (4) For the Air National Guard of the United 

12 States, 350. 

13 TITLE V—MILITARY PERSONNEL 

14 POLICY 

15 Subtitle A—Officer Personnel 

16 Policy 

17 SEC. 501. REPEAL OF PROHIBITION AGAINST REGULAR 

18 NAVY OFFICERS TRANSFERRING BETWEEN 

19 LINE AND STAFF CORPS IN GRADES ABOVE 

20 LIEUTENANT COMMANDER. 

21 (a) REPEAL.—Section 5582 of title 10, United States 

22 Code, is repealed. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 539 of such title is amended 

25 by striking the item relating to section 5582. 
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1 SEC. 502. RETENTION OF OFFICERS SERVING IN HEALTH 

2 PROFESSIONS TO FULFILL ACTIVE DUTY 

3 SERVICE COMMITMENTS FOLLOWING PRO4 MOTION NON-SELECTION. 

5 (a) IN GENERAL.—Subsection (a) of section 632 of 

6 title 10, United States Code, is amended—

7 (1) by striking ‘‘or’’ at the end of paragraph 

8 (2); 

9 (2) by striking the period at the end of para10 graph (3) and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) if on the date on which he is to be dis14 charged under paragraph (1) a medical officer or 

15 dental officer or an officer appointed in a medical 

16 skill other than as a medical officer or dental officer 

17 (as defined in regulations prescribed by the Sec18 retary of Defense) has yet to complete a period of 

19 active duty service obligation incurred under section 

20 2005, 2114, 2123, or 2603 of this title, he shall be 

21 retained on active duty until completion of such 

22 service obligation, unless the Secretary concerned de23 termines that completion of the active duty obliga24 tion is not in the best interest of the military depart25 ment.’’. 
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1 (b) TECHNICAL AMENDMENT.—Such subsection is 

2 further amended by striking ‘‘clause (1)’’ in paragraph (3) 

3 and inserting ‘‘paragraph (1)’’. 

4 SEC. 503. REQUIREMENT OF EXEMPLARY CONDUCT. 

5 (a) IN GENERAL.—Chapter 3 of title 10, United 

6 States Code, is amended by inserting after section 121 the 

7 following new section: 

8 ‘‘§ 121a. Requirement of exemplary conduct 

9 ‘‘All commanding officers and others in authority in 

10 the Department of Defense are required—

11 ‘‘(1) to show in themselves a good example of 

12 virtue, honor, patriotism, and subordination; 

13 ‘‘(2) to be vigilant in inspecting the conduct of 

14 all persons who are placed under their command or 

15 charge; 

16 ‘‘(3) to guard against and to suppress all disso17 lute and immoral practices and to correct, according 

18 to applicable laws and regulations, all persons who 

19 are guilty of them; and 

20 ‘‘(4) to take all necessary and proper measures, 

21 under the laws, regulations, and customs applicable 

22 to the armed forces, to promote and safeguard the 

23 morale, the physical well-being, and the general wel24 fare of the officers, enlisted persons, and civilian 

25 persons under their command or charge.’’. 
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1 (b) CONFORMING AND CLERICAL AMENDMENTS.—

2 (1) The table of sections at the beginning of such chapter 

3 is amended by inserting after the item relating to section 

4 121 the following new item:

‘‘121a. Requirement of exemplary conduct.’’.

5 (2) Title 10 is further amended as follows: 

6 (A)(i) Section 3583 is repealed. 

7 (ii) The table of sections at the beginning of 

8 chapter 345 is amended by striking the item relating 

9 to section 3583. 

10 (B)(i) Section 5947 is repealed. 

11 (ii) The table of sections at the beginning of 

12 chapter 551 is amended by striking the item relating 

13 to section 5947. 

14 (C)(i) Section 8583 is repealed. 

15 (ii) The table of sections at the beginning of 

16 chapter 845 is amended by striking the item relating 

17 to section 8583. 

18 Subtitle B—Reserve Component 

19 Management 

20 SEC. 511. READY RESERVE TRAINING REQUIREMENT. 

21 Subsection (a) of section 10147 of title 10, United 

22 States Code, is amended to read as follows: 

23 ‘‘(a) Except as specifically provided in regulations to 

24 be prescribed by the Secretary of Defense, or by the Sec25 retary of Homeland Security with respect to the Coast 
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1 Guard when it is not operating as a service in the Navy, 

2 each person who is enlisted, inducted, or appointed in an 

3 armed force, and who becomes a member of the Ready 

4 Reserve under any provision of law except section 513 or 

5 10145(b) of this title, shall be required, while in the Ready 

6 Reserve, to participate in a combination of drills, training 

7 periods or active duty equivalent to 38 days, exclusive of 

8 travel, during each year.’’. 

9 SEC. 512. STREAMLINE PROCESS TO CONTINUE OFFICERS 

10 ON THE RESERVE ACTIVE STATUS LIST. 

11 (a) CONTINUATION.—Section 14701 of title 10, 

12 United States Code, is amended—

13 (1) in subsection (a)—

14 (A) in paragraph (1), by striking ‘‘by a se15 lection board convened under section 14101(b) 

16 of this title’’ and inserting ‘‘under regulations 

17 prescribed by the Secretary concerned’’; 

18 (B) in paragraph (6), by striking ‘‘as a re19 sult of the convening of a selection board under 

20 section 14101(b) of this title’’; 

21 (2) by striking subsections (b) and (c); and 

22 (3) by redesignating subsection (d) as sub23 section (b). 

24 (b) CONFORMING AMENDMENT.—Subsection (b) of 

25 section 14101 of such title is amended—
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1 (1) by striking paragraph (1); and 

2 (2) by redesignating paragraphs (2) and (3) as 

3 paragraphs (1) and (2), respectively. 

4 Subtitle C—Military Education and 

5 Training 

6 SEC. 521. AUTHORITY FOR THE MARINE CORPS UNIVER7 SITY TO AWARD THE DEGREE OF MASTER OF 

8 OPERATIONAL STUDIES. 

9 Section 7102 of title 10, United States Code, is 

10 amended—

11 (1) by redesignating subsections (c) and (d) as 

12 subsections (d) and (e), respectively; and 

13 (2) by inserting after subsection (b) the fol14 lowing new subsection (c): 

15 ‘‘(c) COMMAND AND STAFF COLLEGE OF THE MA16 RINE CORPS UNIVERSITY.—Upon the recommendation of 

17 the Director and faculty of the Command and Staff Col18 lege of the Marine Corps University, the President of the 

19 Marine Corps University may confer the degree of master 

20 of operational studies upon graduates of the Command 

21 and Staff College’s School of Advanced Warfighting who 

22 fulfill the requirements for that degree.’’. 

23 SEC. 522. JOINT PROFESSIONAL MILITARY EDUCATION. 

24 Section 663(e) of title 10, United States Code, is re25 pealed. 
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1 Subtitle D—Administrative Matters 

2 SEC. 531. ENHANCEMENTS TO PERSONNEL TEMPO PRO3 GRAM. 

4 (a) REVISIONS TO DEPLOYMENT LIMITS AND AU5 THORITY TO AUTHORIZE EXEMPTIONS.—Section 991(a) 

6 of title 10, United States Code, is amended to read as 

7 follows: 

8 ‘‘(a) SERVICE AND GENERAL OR FLAG OFFICER RE9 SPONSIBILITIES.—The deployment (or potential deploy10 ment) of a member of the armed forces shall be managed 

11 to ensure the member is not deployed, or continued in a 

12 deployment, on any day on which the total number of days 

13 on which the member has been deployed out of the pre14 ceding 730 days would exceed 400, or a lower threshold 

15 as approved by the Under Secretary of Defense for Per16 sonnel and Readiness. The member may be deployed, or 

17 continued in a deployment, without regard to the pre18 ceding sentence if such deployment, or continued deploy19 ment, is approved by a member of the Senior Executive 

20 Service or the first general or flag officer (including offi21 cers in the grade of 0–6 in such positions already selected 

22 for general or flag rank) in the member’s chain of com23 mand.’’. 
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1 (b) CHANGES TO HIGH-DEPLOYMENT ALLOW2 ANCE.—Section 436 of title 37, United States Code, is 

3 amended—

4 (1) by amending subsection (a) to read as fol5 lows: 

6 ‘‘(a) MONTHLY ALLOWANCE REQUIRED.—The Sec7 retary of the military department concerned shall pay a 

8 high-deployment allowance to a member of the armed 

9 forces under the Secretary’s jurisdiction for each month 

10 during which the member—

11 ‘‘(1) is deployed; and 

12 ‘‘(2) has, as of that day, been deployed for ei13 ther or both of the following periods: 

14 ‘‘(A) 401 or more days out of the pre15 ceding 730 days (or at a lower threshold as ap16 proved by the Under Secretary of Defense for 

17 Personnel and Readiness); or 

18 ‘‘(B) 191 or more consecutive days (or for 

19 a lower threshold as approved by the Under 

20 Secretary of Defense for Personnel and Readi21 ness).’’; 

22 (2) by amending subsection (c) to read as fol23 lows: 
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1 ‘‘(c) MAXIMUM RATE.—The maximum monthly rate 

2 of the allowance payable to a member under this section 

3 is $1,000.’’; 

4 (3) in subsection (e), by striking ‘‘per diem’’ 

5 and inserting ‘‘allowance’’; 

6 (4) in subsection (f)—

7 (A) by striking ‘‘per diem’’ and inserting 

8 ‘‘allowance’’; and 

9 (B) by striking ‘‘day on’’ and inserting 

10 ‘‘month during’’; and 

11 (5) by adding at the end the following new sub12 section: 

13 ‘‘(g) EXCLUDED BILLETS.—The Secretary concerned 

14 may exclude selected billets from eligibility for the high15 deployment allowance upon approval by the Under Sec16 retary of Defense for Personnel and Readiness. A billet 

17 may only be excluded on a prospective basis once the cur18 rent incumbent has vacated that billet.’’. 

19 (c) CHANGES TO REPORTING REQUIREMENT.—Sec20 tion 487(b)(5) of title 10, United States Code, is amended 

21 to read as follows: 

22 ‘‘(5) For each of the armed forces, the description 

23 shall indicate the number of members who received the 

24 high-deployment allowance, the total number of months 
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1 for which the allowance was paid to members, and the 

2 total amount spent on the allowance.’’. 

3 (d) CLERICAL AMENDMENTS.—(1) The heading of 

4 section 436 of title 37, United States Code, is amended 

5 to read as follows: 

6 ‘‘§ 436. Monthly high-deployment allowance for 

7 lengthy or numerous deployments’’; 

8 and 

9 (2) The item relating to that section in the table of 

10 sections at the beginning of chapter 7 of such title is 

11 amended to read as follows:

‘‘436. Monthly high-deployment allowance for lengthy or numerous deployments.’’.

12 SEC. 532. CONSISTENT TIME IN SERVICE RETIREMENT CRI13 TERIA. 

14 (a) OFFICERS IN REGULAR NAVY OR MARINE CORPS

15 WHO COMPLETED 40 YEARS OF ACTIVE SERVICE.—Sec16 tion 6321(a) of title 10, United States Code, is amended 

17 by striking ‘‘after completing 40 or more years’’ and in18 serting ‘‘and has at least 40 years’’. 

19 (b) OFFICERS IN REGULAR NAVY OR MARINE CORPS

20 WHO COMPLETED 30 YEARS OF ACTIVE SERVICE.—Sec21 tion 6322(a) of such is amended by striking ‘‘after com22 pleting 30 or more years’’ and inserting ‘‘and has at least 

23 30 years’’. 
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1 (c) OFFICERS IN NAVY OR MARINE CORPS WHO

2 COMPLETED 20 YEARS OF ACTIVE SERVICE.—Section 

3 6323(a)(1) of such title is amended by striking ‘‘after 

4 completing more than 20 years’’ and inserting ‘‘and has 

5 at least 20 years’’. 

6 (d) ENLISTED MEMBERS IN REGULAR NAVY OR MA7 RINE CORPS WHO COMPLETED 30 YEARS OF ACTIVE

8 SERVICE.—Section 6326(a) of such title is amended by 

9 striking ‘‘after completing 30 or more years’’ and inserting 

10 ‘‘and has at least 30 years’’. 

11 (e) TRANSFER OF ENLISTED MEMBERS TO THE

12 FLEET RESERVE AND FLEET MARINE CORPS RE13 SERVE.—Section 6330(b) of such title is amended by 

14 striking ‘‘who has completed 20 or more years’’ both 

15 places it appears and inserting ‘‘and has at least 20 

16 years’’. 

17 (f) TRANSFER OF MEMBERS OF THE FLEET RE18 SERVE AND FLEET MARINE CORPS RESERVE TO THE RE19 TIRED LIST.—Section 6331(a) of such title is amended 

20 by striking ‘‘completed 30 years’’ and inserting ‘‘has at 

21 least 30 years’’. 

22 (g) EFFECTIVE DATE.—The Secretary of the Navy 

23 may determine the effective date of the amendments made 

24 by this section. 
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1 Subtitle E—Benefits 

2 SEC. 541. AUTHORITY TO TRANSPORT REMAINS OF RETIR3 EES WHO DIE IN MILITARY TREATMENT FA4 CILITIES OUTSIDE THE UNITED STATES. 

5 (a) AUTHORIZE TRANSPORT OUTSIDE THE UNITED

6 STATES.—Section 1490 of title 10, United States Code, 

7 is amended—

8 (1) in subsection (a), by striking ‘‘located in the 

9 United States’’; and 

10 (2) in subsection (b)(1), by striking ‘‘outside 

11 the United States or to a place’’. 

12 (b) CONFORMING AMENDMENT.—Subsection (c) of 

13 such section is amended to read as follows: 

14 ‘‘(c) In this section, the term ‘dependent’ has the 

15 meaning given such term in section 1072(2) of this title.’’. 

16 SEC. 542. CHANGE FAMILY SEPARATION HOUSING ALLOW17 ANCE FROM AN ENTITLEMENT TO A DISCRE18 TIONARY ALLOWANCE. 

19 Section 403(d)(1) of title 37, United States Code, is 

20 amended by striking ‘‘is entitled to’’ and inserting ‘‘may 

21 be paid, at the discretion of the Secretary concerned,’’. 

22 SEC. 543. PAYMENT OF DEPENDENT STUDENT BAGGAGE 

23 STORAGE. 

24 Section 430(b)(2) of title 37, United States Code, is 

25 amended by striking ‘‘during the dependent’s annual trip 
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1 between the school and the member’s duty station’’ and 

2 inserting ‘‘one time per fiscal year’’. 

3 SEC. 544. MODIFICATION OF PROHIBITION ON REQUIRE4 MENT OF NONAVAILABILITY STATEMENT OR 

5 PREAUTHORIZATION. 

6 Section 721 of the Floyd D. Spence National Defense 

7 Authorization Act for Fiscal Year 2001 (Public Law 106–

8 398; 114 Stat. 1654A–184), as enacted into law by Public 

9 Law 106–398, and as amended by Public Law 107–107, 

10 is hereby repealed. 

11 Subtitle F—Military Justice 

12 Matters 

13 SEC. 551. TECHNICAL AMENDMENT TO THE UNIFORM CODE 

14 OF MILITARY JUSTICE CONCERNING THE OF15 FENSE OF DRUNKEN OPERATION OF A VEHI16 CLE, AIRCRAFT, OR VESSEL. 

17 Section 911 of title 10, United States Code, is 

18 amended to read as follows: 

19 ‘‘§ 911. Drunken or reckless operation of a vehicle, 

20 aircraft, or vessel 

21 ‘‘(a) Any person subject to this chapter who—

22 ‘‘(1) operates or physically controls any vehicle, 

23 aircraft, or vessel in a reckless or wanton manner or 

24 while impaired by a substance described in section 

25 912a(b) of this title, or 
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1 ‘‘(2) operates or is in actual physical control of 

2 any vehicle, aircraft, or vessel while drunk or when 

3 the alcohol concentration in the person’s blood or 

4 breath is at or above the level prohibited under sub5 section (b), as shown by chemical analysis, shall be 

6 punished as a court-martial may direct. 

7 ‘‘(b)(1) For purposes of subsection (a), the applicable 

8 limit on the alcohol concentration in a person’s blood or 

9 breath is as follows: 

10 ‘‘(A) In the case of the operation or control of 

11 a vehicle, aircraft, or vessel in the United States, the 

12 level is the blood or breath alcohol concentration 

13 prohibited under the law of the State in which the 

14 conduct occurred, except as may be provided under 

15 paragraph (2) for conduct on a military installation 

16 that is in more than one State, and subject to the 

17 prohibited alcohol concentration level specified in 

18 paragraph (3). 

19 ‘‘(B) In the case of the operation or control of 

20 a vehicle, aircraft, or vessel outside the United 

21 States, the level is the blood alcohol concentration 

22 specified in paragraph (3) or such lower level as the 

23 Secretary of Defense may by regulation prescribe. 

24 ‘‘(2) In the case of a military installation that is in 

25 more than one State, if those States have different levels 
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1 for defining their prohibited blood alcohol concentrations 

2 under their respective State laws, the Secretary concerned 

3 for the installation may select one such level to apply uni4 formly on that installation. 

5 ‘‘(3) For purposes of paragraph (1), the level of alco6 hol concentration prohibited in a person’s blood is 0.10 

7 grams or more of alcohol per 100 milliliters of blood and 

8 with respect to a person’s breath is 0.10 grams or more 

9 of alcohol per 210 liters of breath, as shown by chemical 

10 analysis. 

11 ‘‘(4) In this subsection, the term ‘United States’ in12 cluded the District of Columbia, the Commonwealth of 

13 Puerto Rico, the Virgin Islands, Guam, and American 

14 Samoa and the term ‘State’ includes each of those juris15 dictions.’’. 

16 Subtitle G—Other Matters 

17 SEC. 561. BASIC TRAINING REQUIREMENT FOR CERTAIN 

18 MEMBERS ACCESSED UNDER A DIRECT 

19 ENTRY PROGRAM. 

20 Paragraph (1) of section 671(c) of title 10, United 

21 States Code, is amended to read as follows: 

22 ‘‘(1) Under regulations prescribed under para23 graph (2), a period of basic training (or equivalent 

24 training) shorter than 12 weeks may be established 
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1 by the Secretary concerned for members of the 

2 armed forces who—

3 ‘‘(A) have been credentialed in a medical 

4 profession or occupation and are serving in a 

5 health-care occupational specialty; or 

6 ‘‘(B) have been accessed into a direct entry 

7 program established by the Secretary concerned 

8 based on unique skills acquired in a civilian oc9 cupation. 

10 Any such period shall be established under regula11 tions prescribed under paragraph (2) and may be es12 tablished notwithstanding section 4(a) of the Mili13 tary Selective Service Act (50 U.S.C. App. 

14 454(a)).’’. 

15 SEC. 562. ALTERNATE INITIAL MILITARY SERVICE OBLIGA16 TION FOR PERSONS ACCESSED UNDER DI17 RECT ENTRY PROGRAM. 

18 Subsection (a) of section 651 of title 10, United 

19 States Code, is amended to read as follows: 

20 ‘‘(a)(1) Each person who becomes a member of an 

21 armed force, other than a person described in paragraph 

22 (2), shall serve in the armed forces for a total initial period 

23 of not less than six years nor more than eight years, as 

24 provided in regulations prescribed by the Secretary of De25 fense for the armed forces under his jurisdiction and by 
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1 the Secretary of Homeland Security for the Coast Guard 

2 when it is not operating as a service in the Navy, unless 

3 such person is sooner discharged under such regulations 

4 because of personal hardship. Any part of such service 

5 that is not active duty or that is active duty for training 

6 shall be performed in a reserve component. 

7 ‘‘(2) A person is not subject to paragraph (1) if that 

8 person—

9 ‘‘(A) deferred under the next to the last sen10 tence of section 6(d)(1) of the Military Selective 

11 Service Act (50 U.S.C. App. 456(d)(1)); or 

12 ‘‘(B) accessed into a direct entry program es13 tablished by the Secretary concerned based on 

14 unique skills acquired in a civilian occupation.’’. 

15 SEC. 563. JOINT WARFIGHTING CAPABILITIES FUNDING. 

16 Section 166a(b) of title 10, United States Code, is 

17 amended by adding at the end the following new para18 graph: 

19 ‘‘(10) Joint warfighting capabilities.’’. 

20 SEC. 564. REAPPOINTMENT OF CHAIRMAN AND VICE21 CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

22 DURING NATIONAL EMERGENCY. 

23 (a) REAPPOINTMENT OF THE CHAIRMAN OF THE

24 JOINT CHIEFS OF STAFF.—Section 152(a) of title 10, 

25 United States Code, is amended—
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1 (1) in paragraph (1), by striking ‘‘in time of 

2 war’’ and inserting ‘‘in time of war or during a na3 tional emergency declared by the President or Con4 gress’’; and 

5 (2) in paragraph (3), by striking ‘‘in time of 

6 war’’ and inserting ‘‘in time of war or during a na7 tional emergency declared by the President or Con8 gress’’. 

9 (b) REAPPOINTMENT OF THE VICE-CHAIRMAN OF

10 THE JOINT CHIEFS OF STAFF.—Paragraph (3) of section 

11 154(a) of such title is amended by striking ‘‘in time of 

12 war’’ and inserting ‘‘in time of war or during a national 

13 emergency declared by the President or Congress’’. 

14 TITLE VI—COMPENSATION AND 

15 OTHER PERSONNEL BENEFITS 

16 Subtitle A—Pay and Allowances

17 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004. 

18 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

19 adjustment to become effective during fiscal year 2004 re20 quired by section 1009 of title 37, United States Code, 

21 in the rates of monthly basic pay authorized members of 

22 the uniformed services shall not be made. 

23 (b) INCREASE IN BASIC PAY FOR MEMBERS OF

24 ARMED FORCES.—Effective on January 1, 2004, the rates 
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1 of monthly basic pay for members of the armed forces 

2 within each pay grade are as follows: 

COMMISSIONED OFFICERS 1

Years of service computed under section 205 of title 37, United States Code 

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 ... 0.00 0.00 0.00 0.00 0.00 

O–8 ... 7,751.10 8,004.90 8,173.20 8,220.60 8,430.30

O–7 ... 6,440.70 6,739.80 6,878.40 6,988.50 7,187.40

O–6 ... 4,773.60 5,244.30 5,588.40 5,588.40 5,609.70

O–5 ... 3,979.50 4,482.90 4,793.40 4,851.60 5,044.80

O–4 ... 3,433.50 3,974.70 4,239.90 4,299.00 4,545.30

O–3 3 3,018.90 3,422.40 3,693.90 4,027.20 4,220.10

O–2 3 2,595.60 2,956.50 3,405.00 3,519.90 3,592.50

O–1 3 2,253.60 2,345.10 2,834.70 2,834.70 2,834.70

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00 

O–9 ... 0.00 0.00 0.00 0.00 0.00 

O–8 ... 8,781.90 8,863.50 9,197.10 9,292.80 9,579.90

O–7 ... 7,384.20 7,611.90 7,839.00 8,066.70 8,781.90

O–6 ... 5,850.00 5,882.10 5,882.10 6,216.30 6,807.30

O–5 ... 5,161.20 5,415.90 5,602.80 5,844.00 6,213.60

O–4 ... 4,809.30 5,137.80 5,394.00 5,571.60 5,673.60

O–3 3 4,431.60 4,568.70 4,794.30 4,911.30 4,911.30

O–2 3 3,592.50 3,592.50 3,592.50 3,592.50 3,592.50

O–1 3 2,834.70 2,834.70 2,834.70 2,834.70 2,834.70

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 $0.00 $12,524.70 $12,586.20 $12,847.80 $13,303.80

O–9 ... 0.00 10,954.50 11,112.30 11,340.30 11,738.40

O–8 ... 9,995.70 10,379.10 10,635.30 10,635.30 10,635.30

O–7 ... 9,386.10 9,386.10 9,386.10 9,386.10 9,433.50

O–6 ... 7,154.10 7,500.90 7,698.30 7,897.80 8,285.40

O–5 ... 6,389.70 6,563.40 6,760.80 6,760.80 6,760.80

O–4 ... 5,733.00 5,733.00 5,733.00 5,733.00 5,733.00

O–3 3 4,911.30 4,911.30 4,911.30 4,911.30 4,911.30

O–2 3 3,592.50 3,592.50 3,592.50 3,592.50 3,592.50

O–1 3 2,834.70 2,834.70 2,834.70 2,834.70 2,834.70

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for 

commissioned officers in pay grades O–7 through O–10 may not exceed the rate of pay for level III 

of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the 

rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, the rate of basic pay for an officer in this grade while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief 

of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, is $14,679.30, regardless of cumulative years of service computed 

under section 205 of title 37, United States Code. 3This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have 

been credited with over 4 years of active duty service as an enlisted member or warrant officer. 
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COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE 

AS AN ENLISTED MEMBER OR WARRANT OFFICER 

Years of service computed under section 205 of title 37, United States Code 

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E $0.00 $0.00 $0.00 $4,027.20 $4,220.10

O–2E 0.00 0.00 0.00 3,537.00 3,609.90

O–1E 0.00 0.00 0.00 2,848.50 3,042.30

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E $4,431.60 $4,568.70 $4,794.30 $4,984.20 $5,092.80

O–2E 3,724.80 3,918.60 4,068.60 4,180.20 4,180.20

O–1E 3,154.50 3,269.40 3,382.20 3,537.00 3,537.00

Over 18 Over 20 Over 22 Over 24 Over 26

O–3E $5,241.30 $5,241.30 $5,241.30 $5,241.30 $5,241.30

O–2E 4,180.20 4,180.20 4,180.20 4,180.20 4,180.20

O–1E 3,537.00 3,537.00 3,537.00 3,537.00 3,537.00

WARRANT OFFICERS 1

Years of service computed under section 205 of title 37, United States Code 

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 .. $0.00 $0.00 $0.00 $0.00 $0.00 

W–4 .. 3,119.40 3,355.80 3,452.40 3,547.20 3,710.40

W–3 .. 2,848.80 2,967.90 3,089.40 3,129.30 3,257.10

W–2 .. 2,505.90 2,649.00 2,774.10 2,865.30 2,943.30

W–1 .. 2,212.80 2,394.00 2,515.20 2,593.50 2,802.30

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 .. $0.00 $0.00 $0.00 $0.00 $0.00

W–4 .. 3,871.50 4,035.00 4,194.30 4,359.00 4,617.30

W–3 .. 3,403.20 3,595.80 3,786.30 3,988.80 4,140.60

W–2 .. 3,157.80 3,321.60 3,443.40 3,562.20 3,643.80

W–1 .. 2,928.30 3,039.90 3,164.70 3,247.20 3,321.90

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 .. $0.00 $5,360.70 $5,544.30 $5,728.80 $5,914.20

W–4 .. 4,782.60 4,944.30 5,112.00 5,277.00 5,445.90

W–3 .. 4,291.80 4,356.90 4,424.10 4,570.20 4,716.30 

W–2 .. 3,712.50 3,843.00 3,972.60 4,103.70 4,103.70

W–1 .. 3,443.70 3,535.80 3,535.80 3,535.80 3,535.80

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant officers may not exceed the rate of pay for level V of the Executive Schedule. 
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ENLISTED MEMBERS 1

Years of service computed under section 205 of title 37, United States Code 

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 2 $0.00 $0.00 $0.00 $0.00 $0.00 

E–8 ... 0.00 0.00 0.00 0.00 0.00 

E–7 ... 2,145.00 2,341.20 2,430.60 2,549.70 2,642.10

E–6 ... 1,855.50 2,041.20 2,131.20 2,218.80 2,310.00

E–5 ... 1,700.10 1,813.50 1,901.10 1,991.10 2,130.60

E–4 ... 1,558.20 1,638.30 1,726.80 1,814.10 1,891.50

E–3 ... 1,407.00 1,495.50 1,585.50 1,585.50 1,585.50

E–2 ... 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40

E–1 3 1,086.00 0.00 0.00 0.00 0.00

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 2 $0.00 $3,769.20 $3,854.70 $3,962.40 $4,089.30

E–8 ... 3,085.50 3,222.00 3,306.30 3,407.70 3,517.50

E–7 ... 2,801.40 2,891.10 2,980.20 3,139.80 3,219.60

E–6 ... 2,516.10 2,596.20 2,685.30 2,763.30 2,790.90

E–5 ... 2,250.90 2,339.70 2,367.90 2,367.90 2,367.90

E–4 ... 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50

E–3 ... 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50

E–2 ... 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40

E–1 3 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 2 $4,216.50 $4,421.10 $4,594.20 $4,776.60 $5,054.70 

E–8 ... 3,715.50 3,815.70 3,986.40 4,081.20 4,314.30

E–7 ... 3,295.50 3,341.70 3,498.00 3,599.10 3,855.00

E–6 ... 2,809.80 2,809.80 2,809.80 2,809.80 2,809.80

E–5 ... 2,367.90 2,367.90 2,367.90 2,367.90 2,367.90

E–4 ... 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50

E–3 ... 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50

E–2 ... 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40

E–1 3 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade 

while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer 

of the Coast Guard, is $6,090.90, regardless of cumulative years of service computed under section 

205 of title 37, United States Code. 3 In the case of members in pay grade E–1 who have served less than 4 months on active duty, 

the rate of basic pay is $1,086.00. 

1 (c) INCREASE IN BASIC PAY FOR MEMBERS OF THE

2 UNIFORMED SERVICES NOT IN THE ARMED FORCES.—

3 Effective on January 1, 2004, the monthly basic pay for 

4 members of the uniformed services not in the armed forces 

5 is increased by 2.0 percent. 
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1 SEC. 602. HOUSING ALLOWANCE FOR EACH MARRIED PART2 NER WHEN BOTH ARE ON SEA DUTY AND 

3 THERE ARE NO OTHER DEPENDENTS. 

4 Subparagraph (C) of subsection 403(f)(2) of title 37, 

5 United States Code, is amended to read as follows: 

6 ‘‘(C) Notwithstanding section 421 of this title, two 

7 members of the uniformed services in a pay grade below 

8 pay grade E–6 who are married to each other, have no 

9 other dependents, and are simultaneously assigned to sea 

10 duty are each entitled to a basic allowance for housing 

11 during the period of such simultaneous sea duty. The 

12 amount of each member’s allowance shall be based on the 

13 without dependents rate for the pay grade of the mem14 ber.’’. 

15 SEC. 603. AMENDMENT TO BASIC PAY FOR CERTAIN COM16 MISSIONED OFFICERS WITH PRIOR SERVICE 

17 AS AN ENLISTED MEMBER OR WARRANT OF18 FICER. 

19 Section 203(d)(2) of title 37, United States Code, is 

20 amended to read as follows: 

21 ‘‘(2) Service to be taken into account for purposes 

22 of computing basic pay under paragraph (1) is as follows: 

23 ‘‘(A) Active service as a warrant officer or as 

24 a warrant officer and an enlisted member. 

25 ‘‘(B) Service as a warrant officer, as an enlisted 

26 member, or as a warrant officer and an enlisted 
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1 member, for which at least 1,460 points have been 

2 credited to the officer for the purposes of section 

3 12732(a)(2) of title 10.’’.

4 Subtitle B—Bonuses and Special 

5 and Incentive Pays 

6 SEC. 611. INCREASE MAXIMUM AMOUNT OF SELECTIVE RE7 ENLISTMENT BONUS. 

8 Section 308(a)(2)(B) of title 37, United States Code, 

9 is amended by striking ‘‘$60,000’’ and inserting 

10 ‘‘$90,000’’. 

11 SEC. 612. MAKING ALL WARRANT OFFICERS ELIGIBLE FOR 

12 ACCESSION BONUS FOR NEW OFFICERS IN 

13 CRITICAL SKILLS. 

14 Section 324 of title 37, United States Code, is 

15 amended—

16 (1) in subsection (a), by inserting ‘‘or an ap17 pointment’’ after ‘‘commission’’; and 

18 (2) in subsection (f), by inserting ‘‘or an ap19 pointment’’ after ‘‘commission’’. 

20 SEC. 613. INCENTIVE BONUS: LATERAL CONVERSION 

21 BONUS FOR CONVERTING TO UNDERMANNED 

22 MILITARY OCCUPATIONAL SPECIALTIES. 

23 (a) BONUS AUTHORIZED.—Chapter 5 of title 37, 

24 United States Code, is amended by adding at the end the 

25 following new section: 
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1 ‘‘§ 326. Incentive bonus: lateral conversion bonus for 

2 converting to undermanned military oc3 cupational specialties 

4 ‘‘(a) AUTHORITY AND ELIGIBILITY REQUIRE5 MENTS.—

6 ‘‘(1) The Secretary concerned may pay a bonus 

7 to a member of the armed forces who agrees to serve 

8 in a military occupational specialty, rating or other 

9 military specialty defined by the member’s armed 

10 force, that is designated by the Secretary concerned 

11 as undermanned for purposes of this bonus. 

12 ‘‘(2) A bonus may only be paid under this sec13 tion to a member who—

14 ‘‘(A) is entitled to basic pay; 

15 ‘‘(B) is serving in pay grade E–6 (with less 

16 than 10 years of service) or E–5 and below (re17 gardless of years of service); and 

18 ‘‘(C) agrees to serve for a period of not 

19 less than two years in a military occupational 

20 specialty, rating or other military specialty des21 ignated by the Secretary concerned as under22 manned for the purposes of this bonus. 

23 ‘‘(b) AMOUNT AND PAYMENT OF BONUS.—

24 ‘‘(1) A bonus under this section may not exceed 

25 $4,000. 
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1 ‘‘(2) Any bonus payable under this section shall 

2 be disbursed in one lump sum payment when the 

3 member’s conversion to the new military specialty is 

4 approved by the personnel chief of the member’s 

5 armed force, or his designee. 

6 ‘‘(c) RELATIONSHIP TO OTHER PAY AND ALLOW7 ANCES.—A bonus paid to a member under this section is 

8 in addition to any other pay and allowances to which the 

9 member is entitled. 

10 ‘‘(d) REPAYMENT OF BONUS.—

11 ‘‘(1) A member who receives a bonus payment 

12 under this section and who voluntarily or through 

13 misconduct, fails to serve for the required period in 

14 the undermanned military occupational specialty, 

15 rating or other military specialty defined by the 

16 armed force for which the bonus was paid, shall re17 fund to the United States an amount that bears the 

18 same ratio to the amount of the bonus paid to the 

19 member as the period that the member failed to 

20 serve bears to the total period for which the bonus 

21 was paid. 

22 ‘‘(2) An obligation to reimburse the United 

23 States imposed under paragraph (1) is, for all pur24 poses, a debt owed to the United States. 
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1 ‘‘(3) A discharge in bankruptcy under title 11 

2 that is entered less than five years after the termi3 nation of service for which a bonus was paid under 

4 this section shall not discharge the person receiving 

5 such bonus payment from the debt arising under 

6 paragraph (1). 

7 ‘‘(4) Under regulations prescribed pursuant to 

8 subsection (e), the Secretary concerned may waive, 

9 in whole or in part, an obligation to reimburse the 

10 United States imposed under paragraph (1) when 

11 the Secretary determines that recovery would be 

12 against equity and good conscience or would be con13 trary to the best interests of the United States. 

14 ‘‘(e) REGULATIONS.—The Secretaries concerned shall 

15 prescribe regulations to carry out this section. Regulations 

16 prescribed by the Secretary of a military department shall 

17 be subject to the approval of the Secretary of Defense. 

18 ‘‘(f) TERMINATION OF BONUS AUTHORITY.—No 

19 bonus may be paid under this section with respect to any 

20 lateral conversion approved after September 30 of the 

21 third fiscal year that began after the date of enactment 

22 of this section.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of such chapter is amended by adding 

25 at the end the following new item:
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‘‘326. Incentive bonus: lateral conversion bonus for converting to undermanned 

military occupational specialties.’’.

1 SEC. 614. EXTENDING HOSTILE FIRE AND IMMINENT DAN2 GER PAY TO RESERVE COMPONENT MEM3 BERS ON INACTIVE DUTY. 

4 Section 310 of title 37, United States Code, is 

5 amended—

6 (1) in subsection (a), by inserting ‘‘under sec7 tion 204, or to compensation under section 206 (as 

8 provided in subsection (b)(2)), of this title,’’ after 

9 ‘‘basic pay’’; and 

10 (2) in subsection (b)(2), by inserting ‘‘, includ11 ing a member who is entitled to compensation under 

12 section 206 of this title if performing inactive duty 

13 in an area that has not been designated as an immi14 nent danger area or has not been under hostile fire 

15 but comes under hostile fire or an explosion of hos16 tile mines during such inactive duty for training pe17 riod,’’ after ‘‘reserve component’’. 

18 SEC. 615. EXPANDED EDUCATIONAL ASSISTANCE AUTHOR19 ITY FOR CADETS AND MIDSHIPMEN RECEIV20 ING ROTC SCHOLARSHIPS. 

21 (a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE

22 ON ACTIVE DUTY.—Section 2107(c) of title 10, United 

23 States Code, is amended by adding at the end the fol24 lowing new paragraph: 
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1 ‘‘(3)(A) In the case of any cadet or midshipman 

2 eligible to receive financial assistance as provided 

3 under paragraph (1) or (2), the Secretary of the 

4 military department concerned may pay room and 

5 board expenses for such cadet or midshipman, and 

6 other expenses required by the educational institu7 tion, in lieu of all or part of the financial assistance 

8 described in paragraph (1). 

9 ‘‘(B) The total amount of financial assistance, 

10 including the payment of room and board and other 

11 educational expenses, provided to a cadet or mid12 shipman in an academic year under this subsection 

13 may not exceed an amount equal to the amount that 

14 could be provided as financial assistance for such 

15 cadet or midshipman under paragraph (1) or (2), or 

16 other amount determined by the Secretary con17 cerned, without regard to whether room and board 

18 and other educational expenses for such cadet or 

19 midshipman are paid under this paragraph.’’. 

20 (b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE

21 IN TROOP PROGRAM UNITS.—Section 2107a(c) of such 

22 title is amended—

23 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

24 (2) by adding at the end the following new 

25 paragraph:
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1 ‘‘(2)(A) In the case of any cadet eligible to re2 ceive financial assistance as provided under para3 graph (1), the Secretary of the military department 

4 concerned may pay room and board expenses for 

5 such cadet, and other expenses required by the edu6 cational institution, in lieu of all or part of the fi7 nancial assistance described in paragraph (1). 

8 ‘‘(B) The total amount of financial assistance, 

9 including the payment of room and board and any 

10 other educational expenses, provided to a cadet in an 

11 academic year under this subsection may not exceed 

12 an amount equal to the amount that could be pro13 vided as financial assistance for such cadet under 

14 paragraph (1), or other amount determined by the 

15 Secretary of the Army, without regard to whether 

16 the room and board and other educational expenses 

17 for such cadet are paid under this paragraph.’’. 

18 SEC. 616. NOTICE AND WAIT PROVISION CONCERNING 

19 CRITICAL SKILLS RETENTION BONUS. 

20 Section 323(b) of title 37, United States Code, is 

21 amended by striking paragraph (2). 

22 SEC. 617. EXPANSION OF OVERSEAS TOUR EXTENSION IN23 CENTIVE PROGRAM BENEFITS TO OFFICERS. 

24 (a) REST AND RECUPERATIVE ABSENCE.—
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1 (1) Section 705 of title 10, United States Code, 

2 is amended—

3 (A) by striking ‘‘enlisted’’ in the section 

4 heading; and 

5 (B) in subsection (a), by striking ‘‘an en6 listed’’ and inserting ‘‘a’’. 

7 (2) The item relating to such section in the 

8 table of sections at the beginning of chapter 40 of 

9 such title is amended to read as follows:

‘‘705. Rest and recuperative absence for qualified members extending duty at 

designated locations overseas.’’.

10 (b) SPECIAL PAY OR BONUS.—

11 (1) Section 314 of title 37, United States Code, 

12 is amended—

13 (A) by striking ‘‘enlisted’’ in the section 

14 heading; 

15 (B) in subsection (a), by striking ‘‘an en16 listed’’ and inserting ‘‘a’’; and 

17 (C) in subsection (b), by striking ‘‘an en18 listed’’ and inserting ‘‘a’’. 

19 (2) The item relating to such section in the 

20 table of sections at the beginning of chapter 5 of 

21 such title is amended to read as follows:

‘‘314. Special pay or bonus: qualified members extending duty at designated locations overseas.’’.
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1 SEC. 618. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

2 SPECIAL PAY AUTHORITIES FOR RESERVE 

3 FORCES. 

4 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

5 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

6 302g(f) of title 37, United States Code, is amended by 

7 striking out ‘‘December 31, 2003’’ and inserting ‘‘Decem8 ber 31, 2004’’. 

9 (b) SELECTED RESERVE REENLISTMENT BONUS.—

10 Section 308b(f) of such title is amended by striking out 

11 ‘‘December 31, 2003’’ and inserting ‘‘December 31, 

12 2004’’. 

13 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec14 tion 308c(e) of such title is amended by striking out ‘‘De15 cember 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

16 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS17 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

18 308d(c) of such title is amended by striking out ‘‘Decem19 ber 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

20 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec21 tion 308e(e) of such title is amended by striking ‘‘Decem22 ber 31, 2001’’ and inserting ‘‘December 31, 2004’’. 

23 (f) READY RESERVE ENLISTMENT AND REENLIST24 MENT BONUS.—Section 308h(g) of such title is amended 

25 by striking ‘‘December 31, 2003’’ and inserting ‘‘Decem26 ber 31, 2004’’. 
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1 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec2 tion 308i(f) of such title is amended by striking ‘‘Decem3 ber 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

4 (h) REPAYMENT OF EDUCATION LOANS FOR CER5 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE6 LECTED RESERVE.—Section 16302(d) of title 10, United 

7 States Code, is amended by striking ‘‘January 1, 2004’’ 

8 and inserting ‘‘January 1, 2005’’. 

9 SEC. 619. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

10 BONUS AUTHORITIES FOR NUCLEAR OFFI11 CERS. 

12 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI13 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

14 312(e) of title 37, United States Code, is amended by 

15 striking ‘‘December 31, 2003’’ and inserting ‘‘December 

16 31, 2004’’. 

17 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

18 312b(c) of such title is amended by striking ‘‘December 

19 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

20 (c) NUCLEAR CAREER ANNUAL INCENTIVE

21 BONUS.—Section 312c(d) of such title is amended by 

22 striking ‘‘December 31, 2003’’ and inserting ‘‘December 

23 31, 2004’’. 
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1 SEC. 620. ONE-YEAR EXTENSION OF AUTHORITIES RELAT2 ING TO PAYMENT OF OTHER BONUSES. 

3 (a) AVIATION OFFICER RETENTION BONUS.—Sec4 tion 301b(a) of title 37, United States Code, is amended 

5 by striking ‘‘December 31, 2003’’ and inserting ‘‘Decem6 ber 31, 2004’’. 

7 (b) REENLISTMENT BONUS FOR ACTIVE MEM8 BERS.—Section 308(g) of such title is amended by strik9 ing ‘‘December 31, 2003’’ and inserting ‘‘December 31, 

10 2004’’. 

11 (c) ENLISTMENT BONUS.—Section 309(e) of such 

12 title is amended by striking ‘‘December 31, 2003’’ and in13 serting ‘‘December 31, 2004’’. 

14 (d) RETENTION BONUS FOR MEMBERS QUALIFIED

15 IN A CRITICAL MILITARY SKILL.—Section 323(i) of such 

16 title is amended by striking ‘‘December 31, 2003’’ and in17 serting ‘‘December 31, 2004’’. 

18 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT19 ICAL SKILLS.—Section 324(g) of such title is amended by 

20 striking ‘‘December 31, 2003’’ and inserting ‘‘December 

21 31, 2004’’. 
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1 Subtitle C—Travel and 

2 Transportation Allowances 

3 SEC. 621. SHIPMENT OF A PRIVATELY OWNED MOTOR VEHI4 CLE WITHIN THE CONTINENTAL UNITED 

5 STATES. 

6 (a) AUTHORITY TO PROCURE CONTRACT FOR

7 TRANSPORTATION OF MOTOR VEHICLE.—Section 2634 of 

8 title 10, United States Code, is amended by adding at the 

9 end the following new subsection: 

10 ‘‘(i) In the case of a change of permanent station de11 scribed in clause (A) or (B) of subsection (h)(1) of this 

12 section, the Secretary concerned may authorize the mem13 ber to arrange shipment of the motor vehicle in lieu of 

14 transportation at the expense of the United States. The 

15 member may be paid a monetary allowance in lieu of 

16 transportation as established under section 404(d)(1) of 

17 title 37 and the member is responsible for any transpor18 tation costs in excess of such allowance.’’. 

19 (b) ALLOWANCE FOR SELF-PROCUREMENT OF

20 TRANSPORTATION OF MOTOR VEHICLE.—Subparagraph 

21 (B) of section 406(b)(1) of title 37, United States Code, 

22 is amended by adding at the end the following new sen23 tence: ‘‘In the case of the transportation of a motor vehicle 

24 arranged by the member under subsection (i) of section 

25 2634 of title 10, the member, who has proof of shipment, 
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1 may be paid a monetary allowance in lieu of transpor2 tation as established under section 404(d)(1) of this 

3 title.’’. 

4 Subtitle D—Other Matters 

5 SEC. 631. PERMIT NON-SCHOLARSHIP SENIOR ROTC SOPH6 OMORES TO VOLUNTARILY CONTRACT AND 

7 RECEIVE SUBSISTENCE ALLOWANCE. 

8 Section 209 of title 37, United States Code, is 

9 amended—

10 (1) by redesignating subsections (c) and (d) as 

11 subsections (d) and (e), respectively; and 

12 (2) by inserting after subsection (b) the fol13 lowing new subsection (c): 

14 ‘‘(c) PILOT PROGRAM FOR CONTRACT OF NON15 SCHOLARSHIP SENIOR ROTC MEMBERS.—(1) An eligible 

16 member of the Selected Reserve Officers’ Training Corps 

17 is entitled to a monthly subsistence allowance at a rate 

18 prescribed under subsection (a) for a maximum of twenty 

19 months. 

20 ‘‘(2) To be eligible to receive a subsistence al21 lowance under this subsection, a person must—

22 ‘‘(A) be a citizen of the United States; 

23 ‘‘(B) enlist in an armed force under the ju24 risdiction of the Secretary of the military de-
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1 partment concerned for the period prescribed by 

2 the Secretary; 

3 ‘‘(C) contract, with the consent of his par4 ent or guardian if he is a minor, with the Sec5 retary of the military department concerned, or 

6 his designated representative, to serve for the 

7 period required by the program; 

8 ‘‘(D) agree in writing that he will accept 

9 an appointment, if offered, as a commissioned 

10 officer in the Army, Navy, Air Force, or Marine 

11 Corps, as the case may be, and that he will 

12 serve in the armed forces for the period pre13 scribed by the Secretary; 

14 ‘‘(E) complete successfully the first year of 

15 a four-year Senior Reserve Officers’ Training 

16 Corps course; 

17 ‘‘(F) not be eligible for advanced training 

18 under section 2104 of title 10; 

19 ‘‘(G) not be appointed under section 2107 

20 of title 10; and 

21 ‘‘(H) execute a certificate of loyalty in 

22 such form as the Secretary of Defense pre23 scribes or take a loyalty oath as prescribed by 

24 the Secretary. 
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1 ‘‘(3) This program will run as a pilot program 

2 for the period of three years beginning in January 

3 2004. The Secretary of Defense will report to the 

4 Office of Management and Budget annually on the 

5 participation rates for the program with a cost eval6 uation of the program’s effectiveness. Such annual 

7 reports will be due by December 31 for each of the 

8 three years.’’. 

9 TITLE VII—HEALTH CARE 

10 PROVISIONS 

11 SEC. 701. REVISION OF DEPARTMENT OF DEFENSE MEDI12 CARE ELIGIBLE RETIREE HEALTH CARE 

13 FUND TO PERMIT MORE ACCURATE ACTU14 ARIAL VALUATIONS. 

15 Section 1115(c) of title 10, United States Code, is 

16 amended by adding at the end the following new para17 graph: 

18 ‘‘(6) In determining single level dollar amounts in 

19 subparagraphs (1)(A) and (1)(B), the Secretary of De20 fense may, if the Secretary determines that it would 

21 produce a more accurate and appropriate actuarial valu22 ation, determine a separate single level dollar amount 

23 under either or both subparagraphs for any individual par24 ticipating uniformed service. If the Secretary makes any 

25 such determination, the Secretary (or in the case of a par-
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1 ticipating uniformed service under the jurisdiction of an2 other administering Secretary, the administering Sec3 retary concerned) shall make corresponding calculations 

4 under section 1116(a) of this title for the contributions 

5 applicable to the affected uniformed services.’’. 

6 SEC. 702. APPLICABILITY OF THE FEDERAL ADVISORY 

7 COMMITTEE ACT TO THE PHARMACY AND 

8 THERAPEUTICS COMMITTEE. 

9 Section 1074g(b)(1) of title 10, United States Code, 

10 is amended by adding at the end the following new sen11 tence: ‘‘The Federal Advisory Committee Act (5 U.S.C. 

12 App.) shall not apply to the Pharmacy and Therapeutics 

13 Committee.’’. 

14 TITLE VIII—ACQUISITION POL15 ICY, ACQUISITION MANAGE16 MENT, AND RELATED MAT17 TERS 

18 Subtitle A—Acquisition Policy and 

19 Management 

20 SEC. 801. MILESTONE AUTHORIZATION OF SELECTED DE21 FENSE ACQUISITION PROGRAMS. 

22 (a) IN GENERAL.—(1) Chapter 144 of title 10, 

23 United States Code is amended by adding after section 

24 2435 the following new section: 
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1 ‘‘§ 2436. Milestone authorization 

2 ‘‘(a) DESIGNATION OF PARTICIPATING PROGRAMS.—

3 (1) The Secretary of Defense may designate defense ac4 quisition programs in each military department to be con5 sidered for milestone authorization of appropriations 

6 under subsection (c). 

7 ‘‘(2) The Secretary may designate a defense acquisi8 tion program under paragraph (1) only if the program—

9 ‘‘(A) is ready to proceed into system develop10 ment and demonstration or production and deploy11 ment, or 

12 ‘‘(B) is in either system development and dem13 onstration or production and deployment. 

14 ‘‘(b) SUBMISSION OF BASELINE DESCRIPTIONS.—

15 Not later than the end of the 90-day period beginning on 

16 the date that a defense acquisition program is designated 

17 under subsection (a), the Secretary of Defense shall re18 quest from Congress that funds be authorized to be appro19 priated in a single amount sufficient to carry out the ac20 quisition phase for which the baseline description is sub21 mitted.

22 ‘‘(c) MILESTONE AUTHORIZATION.—Congress shall 

23 authorize the appropriation of funds for the system devel24 opment and demonstration, or the production and deploy25 ment of a program designated by the Secretary of Defense 

26 under subsection (a) in a single amount sufficient to carry 
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1 out that phase, provided that such period for which funds 

2 may be obligated may not exceed six years. 

3 ‘‘(d) NO EFFECT ON STATUTORY AND REGULATORY

4 REQUIREMENTS.—Granting milestone authorization does 

5 not change any other statutory or regulatory requirements 

6 relating to defense acquisition programs.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by adding 

9 after the item relating to section 2435 the following new 

10 item:

‘‘2436. Milestone authorization.’’.

11 SEC. 802. CONTRACT CLOSEOUT. 

12 (a) IN GENERAL.—The Secretary of Defense shall 

13 have the authority to promulgate regulations to settle the 

14 financial accounts for contracts executed prior to Sep15 tember 30, 1996 that are administratively complete and 

16 for which any unreconciled balance, either positive or neg17 ative, is less than $100,000. 

18 (b) FINALITY OF DECISION.—Decisions carried out 

19 in accordance with these regulations shall be final and 

20 conclusive upon the accounting officers of the United 

21 States. 
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1 SEC. 803. CLARIFICATION OF REQUIREMENT TO BUY CER2 TAIN ARTICLES FROM AMERICAN SOURCES; 

3 EXCEPTIONS. 

4 Section 2533a of title 10, United States Code, is 

5 amended—

6 (1) in subsection (a)—

7 (A) by striking ‘‘subsections (c) through 

8 (h)’’ and inserting ‘‘subsections (b) through 

9 (i)’’; and 

10 (B) by striking ‘‘if the item is not grown, 

11 reprocessed, reused, or produced in the United 

12 States’’; 

13 (2) in subsection (b), by amending paragraphs 

14 (1) through (3) to read as follows: 

15 ‘‘(1) An article or item of—

16 ‘‘(A) meals ready-to-eat listed in Federal 

17 Supply Class 8970 unless the item is produced 

18 or manufactured in the United States; 

19 ‘‘(B) clothing unless the item is grown, re20 processed, reused, or produced in the United 

21 States; 

22 ‘‘(C) tents, tarpaulins, or covers unless the 

23 item is grown, reprocessed, reused, or produced 

24 in the United States; 

25 ‘‘(D) cotton and other natural fiber prod26 ucts, woven silk or woven silk blends, spun silk 
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1 yarn for cartridge cloth, synthetic fabric or 

2 coated synthetic fabric (including all textile fi3 bers and yarns that are for use in such fabrics), 

4 canvas products, or wool (whether in the form 

5 of fiber or yarn or contained in fabrics, mate6 rials, or manufactured articles) unless the item 

7 is grown, reprocessed, reused, or produced in 

8 the United States; or 

9 ‘‘(E) any item of individual equipment 

10 manufactured from or containing such fibers, 

11 yarns, fabrics, or materials unless the item is 

12 grown, reprocessed, reused, or produced in the 

13 United States; 

14 ‘‘(2) Equipment of the following Federal supply 

15 classifications that contain a specialty metal unless 

16 the specialty metal used to produce or manufacture 

17 the item, or an equivalent amount that is acquired 

18 by the contractor or a subcontractor, was smelted in 

19 the United States: 

20 ‘‘(A) Weapons listed in Federal Supply 

21 Group 10. 

22 ‘‘(B) Nuclear ordnance listed in Federal 

23 Supply Group 11. 

24 ‘‘(C) Fire control equipment listed in Fed25 eral Supply Group 12. 
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1 ‘‘(D) Ammunition and explosives listed in 

2 Federal Supply Group 13. 

3 ‘‘(E) Guided missiles listed in Federal 

4 Supply Group 14. 

5 ‘‘(F) Aircraft and related components, ac6 cessories, and equipment listed in Federal Sup7 ply Groups 15, 16, and 17. 

8 ‘‘(G) Space vehicles listed in Federal Sup9 ply Group 18. 

10 ‘‘(H) Ships, small craft, pontoons, and 

11 floating docks listed in Federal Supply Group 

12 19. 

13 ‘‘(I) Ship and marine equipment listed in 

14 Federal Supply Group 20. 

15 ‘‘(J) Passenger motor vehicles listed in 

16 Federal Supply Class 2310. 

17 ‘‘(K) Tracked combat vehicles listed in 

18 Federal Supply Class 2350. 

19 ‘‘(L) Engines, turbines, and components 

20 listed in Federal Supply Group 28. 

21 For the purposes of this paragraph, ‘specialty metal’ 

22 means: 

23 ‘‘(A) steel—

24 ‘‘(i) where the maximum alloy content 

25 exceeds one or more of the following limits: 
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1 manganese, 1.65 percent; silicon, 0.60 per2 cent; or copper, 0.60 percent; or 

3 ‘‘(ii) that contains more than 0.25 

4 percent of any of the following elements: 

5 aluminum, chromium, cobalt, columbium, 

6 molybdenum, nickel, titanium, tungsten, or 

7 vanadium; 

8 ‘‘(B) metal alloys consisting of nickel, iron9 nickel, and cobalt base alloys containing a total 

10 of other alloying metals (except iron) in excess 

11 of 10 percent; 

12 ‘‘(C) titanium and titanium alloys; or 

13 ‘‘(D) zirconium and zirconium base alloys; 

14 and 

15 ‘‘(3) Hand tools listed in Federal Supply Group 

16 51 and measuring tools listed in Federal Supply 

17 Group 52 unless the item is produced or manufac18 tured in the United States.’’; 

19 (3) in subsection (c)—

20 (A) by striking ‘‘Subsection (a)’’ and in21 serting ‘‘This section’’; and 

22 (B) by striking ‘‘(1) or specialty metals 

23 (including stainless steel flatware)’’; 

24 (4) in subsection (d)—
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1 (A) in the catch line for such subsection, 

2 by striking ‘‘OUTSIDE THE UNITED STATES’’ 

3 and inserting ‘‘IN EXIGENT CIRCUMSTANCES’’; 

4 (B) by striking ‘‘Subsection (a) does not 

5 apply’’ and inserting ‘‘This section does not 

6 apply’’; 

7 (C) by revising paragraph (1) to read as 

8 follows: 

9 ‘‘(1) Procurements of items listed in sub10 sections (b)(1)(A), (b)(2), and(b)(3) in support of 

11 contingency operations as defined in section 

12 101(a)(13) of this title, and procurements outside 

13 the United States of items listed in subsections 

14 (b)(1)(B) through (b)(1)(E) in support of combat 

15 operations.’’; 

16 (D) by revising paragraph (3) to read as 

17 follows: 

18 ‘‘(3) Procurements of items listed in sub19 sections (b)(1)(A), (b)(2), and (b)(3) of unusual and 

20 compelling urgency under the authority of section 

21 2304(c)(2) of this title, and emergency procurements 

22 by an establishment located outside the United 

23 States of items listed in subsections (b)(1)(B) 

24 through (b)(1)(E) for the personnel attached to such 

25 establishment.’’; 
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1 (5) by revising subsection (e) to read as follows: 

2 ‘‘(e) EXCEPTION FOR SPECIALTY METALS AND

3 CHEMICAL WARFARE PROTECTIVE CLOTHING.—(1) This 

4 section does not apply to the procurement of end items 

5 or components of equipment listed in subsection (b)(2) if 

6 the specialty metal used to produce or manufacture the 

7 item, or an equivalent amount that is acquired by the con8 tractor or a subcontractor, was smelted in a foreign coun9 try that has a memorandum of understanding providing 

10 for reciprocal procurement of defense items that is entered 

11 into with the Department of Defense in accordance with 

12 section 2531 of this title. 

13 ‘‘(2) This section does not apply to the procurement 

14 of chemical warfare protective clothing produced outside 

15 the United States if—

16 ‘‘(A) such procurement is necessary—

17 ‘‘(i) to comply with agreements with for18 eign governments requiring the United States 

19 to purchase supplies from foreign sources for 

20 the purposes of offsetting sales made by the 

21 United States Government or United States 

22 firms under approved programs serving defense 

23 requirements; or 

24 ‘‘(ii) in furtherance of agreements with for25 eign governments in which both such govern-
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1 ments agree to remove barriers to purchases of 

2 supplies produced in the other country or serv3 ices performed by sources of the other country; 

4 and 

5 ‘‘(B) any such agreement with a foreign govern6 ment complies, where applicable, with the require7 ments of section 36 of the Arms Export Control Act 

8 (22 U.S.C. 2776) and with section 2457 of this 

9 title.’’; 

10 (6) in subsection (f), by striking ‘‘Subsection 

11 (a) does not preclude’’ and inserting ‘‘This section 

12 does not preclude’’; 

13 (7) in subsection (g), by striking ‘‘Subsection 

14 (a) does not apply’’ and inserting ‘‘This section does 

15 not apply’’; 

16 (8) in subsection (h), by striking ‘‘Subsection 

17 (a) does not apply’’ and inserting ‘‘This section does 

18 not apply’’; and 

19 (9) in subsection (i)—

20 (A) by striking ‘‘This section’’ and insert21 ing ‘‘(1) Except as provided in paragraph (2), 

22 this section’’; and 

23 (B) by adding at the end the following new 

24 paragraph: 
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1 ‘‘(2) This section does not apply to commercial 

2 items, or components thereof, that are listed in sec3 tions (b)(1)(A), (b)(2), and (b)(3), except if the end 

4 item is specialty metal.’’. 

5 Subtitle B—Amendments to Gen6 eral Contracting Authorities, 

7 Procedures, and Limitations 

8 SEC. 811. EXTEND USE OF THE DEFENSE MODERNIZATION 

9 ACCOUNT FOR LIFE CYCLE COST REDUCTION 

10 INITIATIVES. 

11 (a) TITLE 10 AMENDMENTS.—Section 2216 of title 

12 10, United States Code, is amended—

13 (1) by striking the catch line in subsection (c); 

14 (2) by redesignating subsection (c) as para15 graph (b)(5); 

16 (3) by inserting after subsection (b) the fol17 lowing new subsection (c): 

18 ‘‘(c) APPROPRIATIONS FOR LIFE CYCLE COST RE19 DUCTION.—(1) Funds are authorized to be appropriated 

20 for fiscal years 2004–2006 in the amount of $25,000,000 

21 annually to the Defense Modernization Account for the 

22 purpose of providing startup funds for projects under23 taken by a military department, Defense Agency, or other 

24 element of the Department of Defense to reduce the life 
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1 cycle cost of new or existing systems in accordance with 

2 criteria established by the Secretary of Defense. 

3 ‘‘(2) A military department, Defense agency, or other 

4 element of the Department of Defense that receives funds 

5 appropriated pursuant to paragraph (1) shall, upon 

6 achieving savings from such a project, reimburse the Ac7 count for the funds previously received. Funds transferred 

8 back to the Account pursuant to this paragraph shall be 

9 available for funding new projects under paragraph (1).’’. 

10 (4) in subsection (d), by striking ‘‘Authorized 

11 Use of Funds.—Funds available from the Defense 

12 Modernization Account pursuant to subsection (f) or 

13 (g) may be used for the following purposes:’’ and in14 serting ‘‘Authorized Use of Transferred Funds.—

15 Funds transferred to the Defense Modernization Ac16 count pursuant to subsection (b) may be used for 

17 the following purposes:’’; and 

18 (5) in paragraph (f)(1), by striking the sentence 

19 beginning with ‘‘The Secretary’’ and inserting ‘‘The 

20 Secretary of Defense may transfer funds in the De21 fense Modernization Account to appropriations avail22 able to the Department of Defense for the purposes 

23 set forth in subsections (c) and (d).’’. 

24 (b) EXTENSION OF AUTHORITY.—Subsection (c) of 

25 section 912 of the National Defense Authorization Act for 
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1 Fiscal Year 1996 (Public Law 104–106; 110 Stat. 410) 

2 is amended to read as follows: 

3 ‘‘(c) EXPIRATION OF AUTHORITY AND ACCOUNT.—

4 (1) The authority under section 2216(b) of title 10, 

5 United States Code, to transfer funds into the Defense 

6 Modernization Account and the authorization under sec7 tion 2216(c) of such title to appropriate funds to the De8 fense Modernization Account shall terminate on Sep9 tember 30, 2006. 

10 ‘‘(2) The Defense Modernization Account shall be 

11 closed on September 30, 2011, and any remaining balance 

12 in the Account shall be cancelled and thereafter shall not 

13 be available for any purpose.’’. 

14 SEC. 812. EXTENSION AND CLARIFICATION OF AUTHORITY 

15 TO CARRY OUT CERTAIN PROTOTYPE 

16 PROJECTS. 

17 Section 845 of the National Defense Authorization 

18 Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 

19 1547) is amended in subsection (g), by striking ‘‘Sep20 tember 30, 2004’’ and inserting ‘‘September 30, 2008’’. 

21 SEC. 813. OTHER TRANSACTION AUTHORITY FOR MODERN22 IZING LEGACY SYSTEMS. 

23 Section 845(a) of National Defense Authorization 

24 Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 

25 1547) is amended by inserting ‘‘, or are improvements to 
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1 weapons or weapon systems currently fielded by the De2 partment of Defense’’ after ‘‘Department of Defense’’. 

3 SEC. 814. AUTHORITY FOR CERTAIN DOD COMPONENTS TO 

4 AWARD PERSONAL SERVICES CONTRACTS. 

5 (a) Notwithstanding any other provision of law, sums 

6 made available by appropriation or otherwise to a covered 

7 component, as defined in subsection (b), may be expended 

8 for personal services contracts necessary to carry out the 

9 covered component’s missions, including personal services 

10 without regard to limitations on types of persons to be 

11 employed.

12 (b) The term ‘‘covered component’’ includes—

13 (1) any Department of Defense component that 

14 is an element of the Intelligence Community, as de15 fined in Section 3(4) of the National Security Act of 

16 1947 (50 U.S.C. 401a); 

17 (2) any element of the Office of the Secretary 

18 of Defense designated by the Secretary of Defense 

19 for purposes of this section; and 

20 (3) the United States Special Operations Com21 mand when engaged in special operations activities 

22 delineated in 10 U.S.C. 167(j)(1)–(4). 
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1 SEC. 815. ELIMINATION OF SUBCONTRACT NOTIFICATION 

2 REQUIREMENTS. 

3 Section 2306(e) of title 10, United States Code, is 

4 amended to read as follows: 

5 ‘‘(e) Except for contracts with a contractor that 

6 maintains a purchasing system approved by the cognizant 

7 contracting officer, each cost contract and each cost-plus8 a-fixed-fee contract shall require the contractor to provide 

9 notice to the agency, prior to the award under a prime 

10 contract, of—

11 ‘‘(1) a cost-plus-a-fixed-fee subcontract; or 

12 ‘‘(2) a fixed-price subcontract or purchase order 

13 involving more than the greater of—

14 ‘‘(A) the simplified acquisition threshold; 

15 or 

16 ‘‘(B) five percent of the estimated cost of 

17 the prime contract.’’. 

18 SEC. 816 . EXCEPTION FOR REPLACEMENT BALL BEARINGS 

19 AND ROLLER BEARINGS TO BE USED IN A 

20 COMPONENT OF NON-DOMESTIC ORIGIN. 

21 Section 2534(a)(5) of title 10, United States Code, 

22 is amended by inserting before the period at the end the 

23 following: ‘‘, other than ball bearings and roller bearings 

24 to be used in an end product or a component of non-do25 mestic origin’’. 
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1 SEC. 817. INDUSTRY ASSIGNMENT PROGRAM. 

2 (a) IN GENERAL.—Chapter 81 of title 10, United 

3 States Code, is amended by inserting after section 1599c 

4 the following new section: 

5 ‘‘§ 1599d. Government industry assignment program 

6 ‘‘(a) AUTHORITY.—The Secretary of Defense may es7 tablish a pilot program for the temporary assignment of 

8 non-governmental personnel who are employed in the pri9 vate sector to the Department of Defense. The Secretary 

10 may promulgate regulations for such purpose. 

11 ‘‘(b) PURPOSE.—This program is designed to im12 prove the Department’s acquisition-related processes and 

13 procedures. It would accomplish this through an infusion 

14 of new and modern ideas by the temporary assignment 

15 in the Department of non-governmental personnel who are 

16 employed by private industry. The private sector employ17 ees would be compensated by their private employer yet 

18 would be subject generally to governmental requirements 

19 that are in force for Federal employees. The Department 

20 would provide the private employer the benefit of a career 

21 enhancement for its private sector employees who partici22 pate in the program. 

23 ‘‘(c) LIMITATIONS.—(1) This program is limited to 

24 those individuals in private sector positions whose duties, 

25 as determined by the Secretary, are comparable to defense 

26 acquisition positions. 
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1 ‘‘(2) Each such assignment shall be based on a writ2 ten agreement between the Department of Defense, the 

3 private sector employer, and the employee concerned, 

4 which shall include nondisclosure provisions addressing 

5 the use and disclosure of classified and unclassified infor6 mation in the possession or under the control of the De7 partment of Defense that has not been released to the 

8 public and which shall also include the Federal laws and 

9 penalties applicable to the disclosure of classified informa10 tion, including, but not limited to section 798 of title 18, 

11 United States Code. 

12 ‘‘(3) During the period of an assignment made pursu13 ant to this section, a private sector employee—

14 ‘‘(A) is not entitled to pay from the Depart15 ment of Defense, except, as determined by the Sec16 retary on a case by case basis, to the extent that the 

17 pay received from the private sector employer is less 

18 than the appropriate rate of pay which the duties 

19 would warrant under the applicable pay provisions of 

20 this title, title 5, United States Code, or other appli21 cable authority; 

22 ‘‘(B) is deemed an employee of the Department 

23 of Defense, subject to section 7353 of title 5, United 

24 States Code; sections 201, 203, 205, 207, 208, 209, 

25 219, 602, 603, 606, 607, 610, 643, 654, 1905, 1913 
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1 and other provisions of title 18, United States Code, 

2 not specifically exempted herein; sections 1343, 

3 1344, and 1349(b) of title 31, United States Code; 

4 the Federal Tort Claims Act (28 U.S.C. 2671 et 

5 seq.); any other Federal tort liability statute; section 

6 27 of the Office of Federal Procurement Policy Act, 

7 as amended (41 U.S.C. 423) and regulations imple8 menting that Act; the Ethics in Government Act of 

9 1978 (5 U.S.C. App.) and regulations implementing 

10 that Act; and any other provisions of Federal law 

11 not specifically exempted herein. Notwithstanding 

12 section 209 of title 18, United States Code, the pri13 vate sector employer may pay, contribute to, or sup14 plement the salary or other benefits of such private 

15 sector employee (who may accept such pay, contribu16 tions, and benefits), subject to the terms of the writ17 ten private sector employee assignment agreement 

18 required in paragraph (c)(2) above; 

19 ‘‘(C) is also deemed an employee of his or her 

20 private sector employer for purposes of section 208 

21 of title 18, United States Code; 

22 ‘‘(D) is subject to such regulations that the 

23 Secretary may prescribe, which shall incorporate by 

24 reference executive branch standards of ethical con25 duct and any authorized agency supplemental stand-
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1 ards of conduct and which shall include as a min2 imum—

3 ‘‘(i) limitations on the number of partici4 pants (no more than 400); 

5 ‘‘(ii) length of temporary assignments (up 

6 to two years); 

7 ‘‘(iii) protection of government informa8 tion; 

9 ‘‘(iv) procedures for avoidance of conflicts 

10 of interest, including selection of program prior11 ities and funding decisions that may involve the 

12 assignee’s employer or its competitors, and 

13 avoidance of the appearance of conflicts of in14 terest; and 

15 ‘‘(v) exclusions from the performance of in16 herently governmental functions, such as policy17 making and supervision of government employ18 ees; and 

19 ‘‘(vi) methodology and criteria for evalua20 tion of the pilot; and 

21 ‘‘(E) is not deemed to be an employee for pur22 poses of federal employee pay and benefits under 

23 title 5, United States Code, except as provided for 

24 under this subsection. 

25 ‘‘(d) WORKERS COMPENSATION COVERAGE.—
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1 ‘‘(1) A private sector employee assigned to the 

2 Department of Defense pursuant to this section 

3 shall not be deemed an employee of the United 

4 States for the purposes of Chapter 81 of title 5, 

5 United States Code, (relating to compensation for 

6 injury). 

7 ‘‘(2) Notwithstanding any other law, the United 

8 States, any instrumentality of the United States; or 

9 an employee, agent, or assign of the United States 

10 shall not be liable to: 

11 ‘‘(A) a private sector employee assigned to 

12 the Department of Defense pursuant to this 

13 section; 

14 ‘‘(B) such employee’s legal representative, 

15 spouse, dependents, survivors and next of kin; 

16 and 

17 ‘‘(C) any other person, including any third 

18 party as to whom such employee, or his or her 

19 legal representative, spouse, dependents, sur20 vivors, or next of kin, has a cause of action 

21 arising out of an injury or death sustained in 

22 the performance of duty pursuant to an assign23 ment under this section, otherwise entitled to 

24 recover damages from the United States, any 

25 instrumentality of the United States, or any 
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1 employee, agent, or assign of the United 

2 States—

3 with respect to any injury or death suffered by a pri4 vate sector employee sustained in the performance of 

5 duty pursuant to an assignment under this section. 

6 ‘‘(e) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘private sector employer’ means 

8 a corporation, partnership, sole proprietorship, or 

9 other entity operated on a for-profit basis. It may, 

10 at the option of the Secretary, also include ‘other or11 ganizations’ as defined in section 3371 of title 5. 

12 ‘‘(2) The term ‘acquisition position’ has the 

13 same meaning as in section 1721(b) of this title. 

14 ‘‘(3) The term ‘assignment’ means an assign15 ment under an arrangement made pursuant to the 

16 section under which a private sector employee is as17 signed to the Department of Defense by being ap18 pointed without regard to the provisions of title 5, 

19 United States Code, governing appointments in the 

20 competitive service or being deemed to be detailed to 

21 the Department of Defense. 

22 ‘‘(4) The term ‘government employee’ means an 

23 ‘employee’ as defined in section 2105 of title 5. 

24 ‘‘(f) EXPIRATION.—The Secretary may not assign 

25 non-governmental personnel who are employed in the pri-
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1 vate sector to the Department of Defense under the provi2 sions of this section after the last day of the fifth year 

3 beginning with the effective date of this Act.’’. 

4 (b) REPORTING REQUIREMENT.—During the fourth 

5 year after the enactment of this Act, the Secretary of De6 fense, with input from the Inspector General of the De7 partment of Defense, and in consultation with the Direc8 tor of the Office of Personnel Management, shall evaluate 

9 the program authorized under this section and prepare a 

10 report for the President that includes an analysis of the 

11 use of the authorities of this section, including conflict of 

12 interest standards, and the costs and benefits of assign13 ments made pursuant to this section. 

14 (c) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of such chapter 81 is amended by insert16 ing after the item relating to section 2331 the following 

17 new item:

‘‘1599d. Government industry assignment program.’’.

18 Subtitle C—Acquisition-Related 

19 Reports and Other Matters 

20 SEC. 821. ELIMINATION OF THE REQUIREMENT TO FUR21 NISH WRITTEN ASSURANCES OF TECHNICAL 

22 DATA CONFORMITY. 

23 Section 2320(b) of title 10, United States Code, is 

24 amended—

25 (1) by striking paragraph (7); and 
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1 (2) by redesignating paragraphs (8) and (9) as 

2 paragraphs (7) and (8), respectively. 

3 SEC. 822. CONVERSIONS OF COMMERCIAL ACTIVITIES. 

4 (a) CHANGES TO ELEMENTS OF ANALYSIS.—Para5 graph (3)(A) of section 2461(b) of title 10, United States 

6 Code, is amended—

7 (1) by striking ‘‘of the cost’’; 

8 (2) by striking ‘‘savings’’ and inserting ‘‘the 

9 best value’’; 

10 (3) by redesignating subsection (iii) as sub11 section (iv); and 

12 (4) by inserting after clause (ii) the following 

13 new clause (iii): 

14 ‘‘(iii) Benefits in addition to price that warrant 

15 performance of the function by a source at a cost 

16 higher than that of performance by Department of 

17 Defense civilian employees.’’. 

18 (b) CONTRACTING IF BEST VALUE.—Section 

19 2462(a) of such title is amended by striking ‘‘such a 

20 source can provide such supply or service to the Depart21 ment at a cost that is lower (after including any cost dif22 ferential required by law, Executive order, or regulation) 

23 than the cost at which the Department can provide the 

24 same supply or service’’ and inserting ‘‘performance by 

25 that source represents the best value to the Government, 
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1 determined in accordance with the competition require2 ments of OMB Circular A–76.’’. 

3 SEC. 823. MAKE PERMANENT THE AUTHORITY TO ENTER 

4 INTO CERTAIN PERSONAL SERVICES CON5 TRACTS. 

6 Section 1091(a)(2) of title 10, United States Code, 

7 is amended by striking ‘‘The Secretary may not enter into 

8 a contract under this paragraph after December 31, 

9 2003.’’. 

10 TITLE IX—DEPARTMENT OF DE11 FENSE ORGANIZATION AND 

12 MANAGEMENT 

13 Subtitle A—Duties and Functions 

14 of Department of Defense Officers 

15 SEC. 901. ALTERNATIVE AUTHORITY FOR ACQUISITION 

16 AND IMPROVEMENT OF MILITARY HOUSING. 

17 (a) UNIT SIZE AND TYPE.—Section 2880(b)(2) of 

18 title 10, United States Code, is amended by striking ‘‘un19 less the unit is located on a military installation’’; and 

20 (b) DEPARTMENT OF DEFENSE HOUSING FUND.—

21 (1) Section 2883 of title 10, United States Code is amend22 ed—

23 (A) by striking subsections (a), (b), and (c); 

24 (B) by inserting the following new subsections 

25 (a) and (b): 
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1 ‘‘(a) ESTABLISHMENT.—There is hereby established 

2 on the books of the Treasury the Department of Defense 

3 Housing Improvement Fund. 

4 ‘‘(b) CREDITS TO FUNDS.—There shall be credited 

5 to the Department of Defense Housing Improvement 

6 Fund the following: 

7 ‘‘(1) Amounts authorized for and appropriated 

8 to that Fund. 

9 ‘‘(2) Subject to subsection (e), any amounts 

10 that the Secretary of Defense transfers, in such 

11 amounts as provided in appropriation Acts to that 

12 Fund from amounts authorized and appropriated to 

13 the Department of Defense for the acquisition or 

14 construction of military family housing or military 

15 unaccompanied housing.

16 ‘‘(3) Proceeds from the conveyance or lease of 

17 property or facilities under section 2878 of this title 

18 for the purpose of carrying out activities under this 

19 subchapter with respect to military family housing 

20 or military unaccompanied housing. 

21 ‘‘(4) Income derived from any activities under 

22 this subchapter with respect to military family hous23 ing or military unaccompanied housing, including in24 come and gains realized from investments under sec-
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1 tion 2875 of this title and any return of capital in2 vested as part of such investments. 

3 ‘‘(5) Any amounts that the Secretary of the 

4 Navy transfers to that Fund pursuant to section 

5 2814(i)(3) of this title, subject to the restrictions on 

6 the use of the transferred amounts specified in that 

7 section.’’; 

8 (C) by redesignating subsections (d), (e), (f), 

9 and (g) as (c), (d), (e), and (f) respectively; 

10 (D) in the newly redesignated subsection (c)—

11 (i) by striking ‘‘Family in paragraph (1); 

12 (ii) by striking paragraph (2); and 

13 (iii) by redesignating paragraph (3) as (2); 

14 (E) in the newly redesignated subsection (e) by 

15 striking ‘‘a Fund under paragraph (1)(B) or (2)(B) 

16 of subsection (c)’’ and inserting ‘‘the Fund under 

17 paragraph (2) of subsection (b)’’; 

18 (F) in subsection (f) as relettered by subpara19 graph (C) of this paragraph—

20 (i) by striking ‘‘$850,000,000’’ in para21 graph (1) and inserting ‘‘$1,700,000,000’’; and 

22 (ii) by striking ‘‘$150,000,000’’ in para23 graph (2) and inserting ‘‘$300,000,000’’; 

24 (2) Section 2871(6) of title 10, United States Code, 

25 is amended by striking ‘‘Family Housing Improvement 
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1 Fund or the Department of Defense Military Unaccom2 panied Housing Improvement Fund’’ and inserting 

3 ‘‘Housing Improvement Fund’’; and 

4 (3) Section 2875(e) of title 10, United States Code, 

5 is amended by striking ‘‘Family Housing Improvement 

6 Fund or the Department of Defense Military Unaccom7 panied Housing Improvement Fund’’ and inserting 

8 ‘‘Housing Improvement Fund’’. 

9 Subtitle B—Space Activities 

10 SEC. 911. AUTHORIZE PROVISION OF SPACE SURVEIL11 LANCE NETWORK SERVICES TO NON-UNITED 

12 STATES GOVERNMENTAL ENTITIES. 

13 (a) IN GENERAL.—Chapter 136 of title 10, United 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 2283. Space surveillance network 

17 ‘‘(a) SATELLITE TRACKING SERVICES.—To support 

18 the establishment of an experimental pilot program, The 

19 Secretary of Defense is authorized to establish procedures 

20 under which non-United States Federal governmental en21 tities, including but not limited to U.S. and non-U.S. com22 mercial entities, state and local government entities and 

23 foreign governments, may purchase, directly or through 

24 a contractor, satellite tracking services from assets owned 

25 or controlled by the Department of Defense. The Sec-
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1 retary may include in such transactions the provision and 

2 analysis of satellite data if he determines it is in the na3 tional security interests of the United States. Any pro4 posed sale to a foreign government or foreign commercial 

5 entity shall be subject to the concurrence of the Secretary 

6 of State to ensure its consistency with United States for7 eign policy interests. The pilot program shall be conducted 

8 during a three-year period beginning not later than 180 

9 days after the date of the enactment of this Act. 

10 ‘‘(b) REIMBURSEMENT OF COSTS.—In the case of 

11 any purchase made by a non-United States Federal gov12 ernmental entity under the procedures established under 

13 subsection (a), the Secretary of Defense may require the 

14 non-United States Federal governmental entity to reim15 burse the Department of Defense for the costs to the De16 partment of such purchase. 

17 ‘‘(c) DEPOSIT OF FUNDS RECEIVED.—Funds re18 ceived pursuant to the sales authorized in subsection (a) 

19 shall be credited to accounts of the Department of Defense 

20 that are current when the proceeds are received and that 

21 are available for the same purposes as the accounts origi22 nally charged to perform the services. Funds so credited 

23 are to merge with and become available for obligation for 

24 the same period as the accounts to which they are cred25 ited. 
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1 ‘‘(d) NON-TRANSFERABILITY AGREEMENT.—The 

2 Department will require all non-United States Federal 

3 governmental entities to execute a binding commitment 

4 not to transfer any data or technical information, includ5 ing the analysis of the tracking data, to any other entity 

6 without the Department’s expressed approval. In the case 

7 of foreign governments and foreign commercial entities, 

8 the Department’s approval will be subject to the concur9 rence of the Department of State. 

10 ‘‘(e) PROHIBITION CONCERNING INTELLIGENCE AS11 SETS OR DATA.—Nothing in this section shall be deemed 

12 to authorize the provision of services or information con13 cerning, or derived from, United States intelligence assets 

14 or data.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by adding 

17 at the end the following new item:

‘‘2283. Space surveillance network.’’.

18 Subtitle C—Reports 

19 SEC. 921. REPEAL OF VARIOUS REPORTS REQUIRED OF 

20 THE DEPARTMENT OFDEFENSE. 

21 (a) PROVISIONS OF TITLE 10.—Title 10, United 

22 States Code, is amended—

23 (1) in section 113—

24 (A) by striking subsection (j); 

25 (B) by striking subsection (m); and 
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1 (C) by redesignating subsections (k) and 

2 (l) as (j) and (k), respectively; 

3 (2) in section 116—

4 (A) by repealing this entire section in 

5 chapter 2; and 

6 (B) by amending the table of sections at 

7 the beginning of such chapter 2 by striking the 

8 item relating to section 116; 

9 (3) in section 117—

10 (A) by striking subsection (e); and 

11 (B) by redesignating subsection (f) as sub12 section (e); 

13 (4) in section 127, by striking subsection (d); 

14 (5) in section 127a—

15 (A) by striking subparagraph (a)(3); 

16 (B) by redesignating subparagraph (a)(4) 

17 as subparagraph (a)(3); 

18 (C) by striking subsection (d); and 

19 (D) by redesignating subsections (e) 

20 through (i) as subsections (d) through (h), re21 spectively; 

22 (6) in section 129, by striking subsection (f); 

23 (7) in section 153, by striking subsection (d); 

24 (8) in section 184—
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1 (A) by amending subsection (a) to read as 

2 follows: 

3 ‘‘(a) AUTHORITY TO ESTABLISH REGIONAL CENTER

4 FOR SECURITY STUDIES.—The Secretary of Defense may 

5 establish such regional centers for security studies as he 

6 deems necessary and appropriate.’’; 

7 (B) by striking subsection (b); and 

8 (C) by redesignating subsection (c) as sub9 section (b); 

10 (9) for section 228—

11 (A) by repealing this entire section in 

12 chapter 9; and 

13 (B) by amending the table of sections at 

14 the beginning of such chapter by striking the 

15 item relating to section 228; 

16 (10) in section 401—

17 (A) by striking subsection (d); and 

18 (B) by redesignating subsection (e) as sub19 section (d); 

20 (11) in section 437—

21 (A) by striking subsections (b) and (c); 

22 (B) by redesignating subsection (d) as sub23 section (b); 

24 (12) in section 482—
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1 (A) by repealing this entire section in 

2 chapter 23; and 

3 (B) by amending the table of sections for 

4 such chapter by striking the item relating to 

5 section 482; 

6 (13) in section 483—

7 (A) by repealing this entire section in 

8 chapter 23; and 

9 (B) by amending the table of sections for 

10 such chapter by striking the item relating to 

11 section 483; 

12 (14) in section 484—

13 (A) by repealing this entire section in 

14 chapter 23; and 

15 (B) by amending the table of sections for 

16 such chapter by striking the item relating to 

17 section 484; 

18 (15) in section 487—

19 (A) by repealing this entire section in 

20 chapter 23; and 

21 (B) by amending the table of sections for 

22 such chapter by striking the item relating to 

23 section 487; 

24 (16) in section 520c—
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1 (A) by striking subsections (b) and (c); 

2 and 

3 (B) by striking the designator and the 

4 catch line in the preceding matter; 

5 (C) by amending the section title to read: 

6 ‘‘§ 520c. Provision of meals and refreshments 

7 for recruiting purposes’’; and 

8 (D) by amending the table of sections at 

9 the beginning of chapter 31 by replacing the 

10 item relating to section 520c with the following 

11 new item:

‘‘520c. Provision of meals and refreshments for recruiting purposes.’’;

12 (17) in section 664(i), (4)(F)(ii), by striking 

13 ‘‘and notifies Congress upon each approval, pro14 viding the criteria that led to that approval’’; 

15 (18) in section 983(e)(1), by striking ‘‘and to 

16 Congress’’; 

17 (19) in section 986, by striking subsection (e); 

18 (20) in section 1060—

19 (A) by striking subsection (d); and 

20 (B) by redesignating subsections (e), 

21 through (g) as subsections (d) through (f) re22 spectively; 

23 (21) in section 1130—

24 (A) by striking subsection (b); and 
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1 (B) by redesignating subsections (c) and 

2 (d) as subsections (b) and (c), respectively; 

3 (22) in section 1557—

4 (A) by striking subsection (e); and 

5 (B) by redesignating subsection (f) as sub6 section (e); 

7 (23) in section 1563—

8 (A) by repealing this entire section in 

9 chapter 80; and 

10 (B) by amending the table of sections for 

11 such chapter by striking the item relating to 

12 section 1563; 

13 (24) in section 1597, by striking subsections (c) 

14 through (e); 

15 (25) in section 2010—

16 (A) by striking subsection (b); and 

17 (B) by redesignating subsections (c) and 

18 (d) as subsections (b) and (c), respectively; 

19 (26) in section 2011, by striking subsection (e). 

20 (27) in section 2166, by striking subsection (h); 

21 (28) in section 2208, in subsection (j)(2), by 

22 striking ‘‘and notifies Congress regarding the rea23 sons for the waiver’’; 

24 (29) in section 2212—
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1 (A) by striking subsections (d) and (e); 

2 and 

3 (B) by redesignating subsection (f) as sub4 section (d);

5 (30) in section 2214—

6 (A) by striking subsection (c); and 

7 (B) by redesignating subsection (d) as sub8 section (e); 

9 (31) in section 2216—

10 (A) by striking subsection (i); and 

11 (B) by redesignating subsection (j) as sub12 section (i); 

13 (32) in section 2222—

14 (A) by repealing this entire section in 

15 chapter 131; and 

16 (B) by amending the table of sections for 

17 such chapter by striking the item relating to 

18 section 2222; 

19 (33) in section 2255(b)—

20 (A) by striking paragraph (2); and 

21 (B) by striking the designator ‘‘(1)’’ after 

22 the catch line; 

23 (34) in section 2281—

24 (A) by striking subsection (d); and 
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1 (B) by redesignating subsection (e) as sub2 section (d); 

3 (35) in section 2282—

4 (A) by repealing this entire section in 

5 chapter 136; and 

6 (B) by amending the table of sections for 

7 such chapter by striking the item relating to 

8 section 2282; 

9 (36) in section 2306b—

10 (A) by striking subsection (i); 

11 (B) in subsection (l)—

12 (i) by striking paragraphs (1) and (6); 

13 (ii) by redesignating paragraphs (2) 

14 through (10) of subsection (l) as para15 graphs (1) through (8), respectively; and 

16 (C) by redesignating subsections (j) 

17 through (l) as subsections (i) through (k), re18 spectively; 

19 (37) in section 2327(c)(1)—

20 (A) in subparagraph (A), by striking 

21 ‘‘after the date on which such head of an agen22 cy submits to Congress a report on the con23 tract’’ and inserting ‘‘if in the best interests of 

24 the government’’; 

25 (B) by striking subparagraph (B); and 
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1 (C) by redesignating subparagraph (C) as 

2 subparagraph (B); 

3 (38) in section 2350a—

4 (A) by striking subsection (f); and 

5 (B) in subsection (g), by striking para6 graph (3); 

7 (39) in section 2350b—

8 (A) by striking subsection (d); 

9 (B) by redesignating subsections (e), (f), 

10 and (g) as subsections (d), (e), and (f), respec11 tively; 

12 (40) in section 2350j—

13 (A) by striking subsection (e); and 

14 (B) by redesignating subsections (f) and 

15 (g) as subsections (e) and (f), respectively; 

16 (41) in section 2367, by striking subsections (c) 

17 and (d); 

18 (42) in section 2374a—

19 (A) by striking subsection (e); and 

20 (B) by redesignating subsection (f) as sub21 section (e); 

22 (43) in section 2401—

23 (A) in subsection (a), by striking ‘‘only as 

24 provided in subsection (b)’’ both times such 

25 phrase appears in the subsection; 
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1 (B) by striking subsection (b); and 

2 (C) by redesignating subsections (c) 

3 through (f) as subsections (b) through (e), re4 spectively; 

5 (44) in section 2410i, in subsection (c), by 

6 striking the last sentence; 

7 (45) in section 2410m, by striking subsection 

8 (c); 

9 (46) in section 2457—

10 (A) by striking subsection (d); and 

11 (B) by redesignating subsections (e) and 

12 (f) as subsections (d) and (e), respectively; 

13 (47) in section 2461a—

14 (A) by striking subsection (d); and 

15 (B) by redesignating subsection (e) as sub16 section (d); 

17 (48) in section 2464, by striking paragraph (3) 

18 in subsection (b); 

19 (49) in section 2467, by striking subsection (c); 

20 (50) in section 2472, by striking subsection (b); 

21 (51) in section 2493, by striking subsection (g); 

22 (52) for section 2504—

23 (A) by repealing the entire section in chap24 ter 148; and 
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1 (B) by amending the section of tables for 

2 such chapter by striking all references to sec3 tion 2504; 

4 (53) in section 2515, by striking subsection (d); 

5 (54) in section 2521, by striking subsection (e); 

6 (55) in section 2536—

7 (A) by striking paragraph (2) in subsection 

8 (b), and by striking designator (1) after the 

9 catch line; and 

10 (B) by redesignating subparagraphs (A) 

11 and (B) as paragraphs (1) and (2), respectively; 

12 and 

13 (C) by redesignating subparagraphs (i) and 

14 (ii) as subparagraphs (A) and (B), respectively; 

15 (56) in section 2537—

16 (A) by striking subsection (b); and 

17 (B) by redesignating subsection (c) as sub18 section (b); 

19 (57) in section 2541d—

20 (A) by striking subsection (b); and 

21 (B) by striking the ‘‘(a)’’ and the catch 

22 line in the remaining matter; 

23 (58) in section 2561—

24 (A) by striking subsections (c), (d) and (f); 

25 and 
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1 (B) by redesignating subsection (e) as sub2 section (c); 

3 (59) in section 2563, by striking ‘‘and notifies 

4 Congress regarding the reasons for the waiver’’ in 

5 subsection (c)(2); 

6 (60) in section 2631, by striking the last sen7 tence in subsection (b)(3); 

8 (61) in section 2645—

9 (A) by striking subsection (d); 

10 (B) by striking subsection (g); and

11 (C) by redesignating subsections (e), (f), 

12 and (h) as subsections (d), (e), and (f), respec13 tively; 

14 (62) in section 2662—

15 (A) by striking subsection (e); 

16 (B) by redesignating subsections (f) and 

17 (g) as subsections (e) and (f), respectively; and 

18 (C) in subsection (f), as redesignated by 

19 subparagraph (B), by striking ‘‘, and the re20 porting requirement set forth in subsection (e) 

21 must not apply with respect to a real property 

22 transaction otherwise covered by that sub23 section,’’; 

24 (63) in section 2667a (c)—

25 (A) by striking paragraph (2); 
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1 (B) by striking designator (1) after the 

2 catch line; 

3 (64) in section 2676, in subsection (d), by strik4 ing all after ‘‘is approved by the Secretary con5 cerned’’ and inserting a period; 

6 (65) in section 2680, by striking subsection (e); 

7 (66) in section 2688—

8 (A) by striking subsection (e); 

9 (B) by redesignating subsections (f) 

10 through (i) as subsections (e) through (h), re11 spectively; and 

12 (C) in subsection (f), as redesignated by 

13 subparagraph (B), by striking the last sentence; 

14 (67) in section 2696—

15 (A) by striking subsections (c) and (d); 

16 and 

17 (B) by redesignating subsection (e) as sub18 section (c); 

19 (68) in section 2703(b)(2)—

20 (A) by striking subparagraph (B); 

21 (B) by striking the designator ‘‘(A)’’ which 

22 precedes ‘‘determines that permanent reloca23 tion—’’; 
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1 (C) by striking the dash that follows ‘‘such 

2 paragraph unless the Secretary’’ in paragraph 

3 (2); 

4 (D) by realigning the previously designated 

5 subparagraph (A) to follow at the end of para6 graph (2); and 

7 (E) by redesignating clauses (i) through 

8 (iii) as subparagraphs (A) through (C), respec9 tively; 

10 (69) in section 2805—

11 (A) in subsection (b), by striking para12 graph (2); and 

13 (B) by striking the designator ‘‘(1)’’ that 

14 precedes the remaining matter; 

15 (70) in section 2807—

16 (A) by striking subsections (b) and (c); 

17 and 

18 (B) by redesignating subsection (d) as sub19 section (b); 

20 (71) in section 2809, by striking subsection (f); 

21 (72) in section 2811—

22 (A) by striking subsection (d); and 

23 (B) by redesignating subsection (e) as sub24 section (d); 

25 (73) in section 2812—
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1 (A) in subsection (c), by striking para2 graph (1); 

3 (B) by striking the designator ‘‘(2)’’ that 

4 precedes the remaining matter; 

5 (74) in section 2813, by striking subsection (c); 

6 (75) in section 2815—

7 (A) by repealing this entire section in 

8 chapter 169; and 

9 (B) by amending the table of section at the 

10 beginning of such chapter by striking the item 

11 relating to section 2815; 

12 (76) in section 2825—

13 (A) in subparagraph (b)(1)(B)—

14 (i) by striking clause (ii); 

15 (ii) by striking ‘‘, and’’ at the end of 

16 clause (i); and 

17 (iii) by striking the designator ‘‘(i)’’ in 

18 the remaining text following ‘‘in the pre19 ceding sentence if’’; 

20 (B) in subsection (c)(1)—

21 (i) by striking subparagraphs (C) and 

22 (D); 

23 (ii) by inserting ‘‘and’’ at the end of 

24 subparagraph (A); and 
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1 (iii) by striking the semicolon at the 

2 end of subparagraph (B) and inserting a 

3 period; 

4 (77) in section 2826—

5 (A) by striking subsection (b); and 

6 (B) by redesignating subsections (c) 

7 through (i) as subsections (b) through (h), re8 spectively; 

9 (78) in section 2827—

10 (A) by striking subsection (b); and 

11 (B) by striking ‘‘(a) Subject to subsection 

12 (b), the Secretary’’ and inserting ‘‘The Sec13 retary’’; 

14 (79) in section 2828—

15 (A) by striking subsection (f); and 

16 (B) by redesignating subsection (g) as sub17 section (f); 

18 (80) in section 2835—

19 (A) by striking subsections (b) and (g); 

20 (B) by redesignating subsections (c) 

21 through (h) as subsections (b) through (f), re22 spectively; and 

23 (C) in subsection (a), by striking ‘‘Subject 

24 to subsection (b), the Secretary’’ and inserting 

25 ‘‘The Secretary’’; 
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1 (81) in section 2836—

2 (A) in subsection (a), by striking ‘‘Subject 

3 to subsection (b), the Secretary’’ and inserting 

4 ‘‘The Secretary’’; 

5 (B) by striking subsection (b); 

6 (C) by striking subsection (f); and 

7 (D) by redesignating subsections (c) 

8 through (g) as subsections (b) through (e), re9 spectively;

10 (82) in section 2837—

11 (A) in subsection (c)—

12 (i) by striking paragraph (2); and 

13 (ii) by striking the designator ‘‘(1)’’ 

14 after the catch line and preceding the re15 maining matter; 

16 (B) by striking subsection (f); and 

17 (C) by redesignating subsections (g) and 

18 (h) as subsections (f) and (g), respectively; 

19 (83) in section 2853—

20 (A) in subsection (c), by striking para21 graphs (2) and (3); 

22 (B) in the remaining matter, by striking 

23 the designator ‘‘(1)’’ and the dash and realign24 ing the paragraph to read as a subsection; and 
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1 (C) by striking the semicolon at the end of 

2 the remaining matter and inserting a period; 

3 (84) in section 2854—

4 (A) by striking subsection (b); and 

5 (B) by striking ‘‘(a) Subject to subsection 

6 (b), the’’ in the preceding matter and inserting 

7 ‘‘The’’; 

8 (85) in section 2854a—

9 (A) by striking subsection (c); and 

10 (B) by redesignating subsections (d) 

11 through (g) as subsections (c) through (f), re12 spectively; 

13 (86) in section 2865—

14 (A) in subsection (e), by striking para15 graph (2); and 

16 (B) by striking subsection (f); and 

17 (C) by striking designator (1) after the 

18 catch line; 

19 (87) in section 2866—

20 (A) in subsection (c), by striking para21 graph (2); and 

22 (B) by striking designator (1) after the 

23 catch line; 

24 (88) in section 2867, by striking subsection (c); 

25 (89) in section 2875, by striking subsection (e); 
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1 (90) in section 2884—

2 (A) by striking subsection (b); 

3 (B) by striking the designator ‘‘(1)’’ that 

4 follows the catch line in the remaining matter; 

5 (C) by striking the designator before sub6 paragraph (2) and inserting ‘‘(b) CONTENT OF

7 REPORTS.—’’ to redesignate that subparagraph 

8 as a subsection; 

9 (D) by amending the section title to read: 

10 ‘‘§ 2884. Project reports’’; and 

11 (E) by amending the table of sections at 

12 the beginning of such chapter 169 by replacing 

13 the item relating to section 2884 with the fol14 lowing new item:

‘‘2884. Project reports.’’;

15 (91) in section 2902—

16 (A) in subsection (g), by striking para17 graph (2); and 

18 (B) by striking designator (1) after the 

19 catch line; 

20 (92) in section 5143, by striking subsection (e); 

21 (93) in section 6954—

22 (A) by striking subsection (f); and 

23 (B) by redesignating subsection (g) as sub24 section (f); 

25 (94) in section 7049—
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1 (A) by striking subsection (c); and 

2 (B) by redesignating subsections (d) 

3 through (g) as subsections (c) through (f), re4 spectively; 

5 (95) in section 9356—

6 (A) by striking subsection (c); 

7 (B) by redesignating subsections (d) and 

8 (e) as subsections (c) and (d), respectively; and 

9 (C) in subsection (a), by striking ‘‘Subject 

10 to subsection (c), the Secretary’’ and inserting 

11 ‘‘The Secretary’’; 

12 (96) in section 9514—

13 (A) by striking subsection (c); 

14 (B) by striking subsection (f); and 

15 (C) by redesignating subsection (g) as sub16 section (f); 

17 (97) in section 12302—

18 (A) in subsection (b), by striking the last 

19 sentence; and 

20 (B) by striking subsection (d); and 

21 (98) in section 16137—

22 (A) by repealing this entire section in 

23 chapter 1606; and 
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1 (B) by amending the table of sections at 

2 the beginning of such chapter by striking the 

3 item relating to section 16137. 

4 (b) FOREIGN ASSISTANCE ACT OF 1961.—Section 

5 656 of the Foreign Assistance Act of 1961 (Public Law 

6 87–195) is repealed. 

7 (c) DEFENSE ACQUISITION IMPROVEMENT ACT OF

8 1986.—Section 908 of the Defense Acquisition Improve9 ment Act of 1986 (as contained in section 101(c) of Public 

10 Law 99–500 and identically enacted in section 101(c) 

11 [title X] of Public Law 99–591 and title IX of division 

12 A of Public Law 99–661) (10 U.S.C. 2326 note) is amend13 ed by striking subsection (b). 

14 (d) NATIONAL DEFENSE AUTHORIZATION ACT FOR

15 FISCAL YEARS 1988 AND 1989.—Section 1121 of the Na16 tional Defense Authorization Act for Fiscal Years 1988 

17 and 1989 (Public Law 100–180; 101 Stat. 1147) (10 

18 U.S.C. 113 note) is amended—

19 (1) by striking subsection (f); and 

20 (2) by redesignating subsections (g) and (h) as 

21 subsections (f) and (g), respectively. 

22 (e) DEFENSE AUTHORIZATION AMENDMENTS AND

23 BASE CLOSURE AND REALIGNMENT ACT OF 1990.—Sec24 tion 206 of the Defense Authorization Amendments and 
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1 Base Closure and Realignment Act of 1990 (Public Law 

2 100–526; 102 Stat. 2631) (10 U.S.C. 2687) is repealed.

3 (f) NATIONAL DEFENSE AUTHORIZATION ACT FOR

4 FISCAL YEAR 1991.—The National Defense Authoriza5 tion Act for Fiscal Year 1991 (Public Law 101–510; 104 

6 Stat. 1607, 1819, and 1822, respectively) is amended—

7 (1) in section 831, by striking subsection (l); 

8 (2) in section 2921, by striking subsections (e), 

9 (f), (g)(1), and (g)(2); and 

10 (3) in section 2926, by striking subsection (g). 

11 (g) DEFENSE ECONOMIC ADJUSTMENT, DIVER12 SIFICATION, CONVERSION, AND STABILIZATION ACT OF

13 1990.—Section 4004 of the Defense Economic Adjust14 ment, Diversification, Conversion, and Stabilization Act of 

15 1990 (Public Law 101–510; 104 Stat. 1849) is amended 

16 by striking paragraph (c)(3). 

17 (h) NATIONAL DEFENSE AUTHORIZATION ACT FOR

18 FISCAL YEARS 1992 AND 1993.—The National Defense 

19 Authorization Act for Fiscal Years 1992 and 1993 (Public 

20 Law 102–190; 105 Stat. 1411 and 1562, respectively) is 

21 amended—

22 (1) in section 734—

23 (A) by striking subsection (c); and 
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1 (B) by redesignating subsections (d) 

2 through (f) as subsections (c) through (e), re3 spectively; and 

4 (2) by repealing section 2868. 

5 (i) NATIONAL DEFENSE AUTHORIZATION ACT FOR

6 FISCAL YEAR 1993.—The National Defense Authoriza7 tion Act for Fiscal Year 1993 (Public Law 102–484; 106 

8 Stat. 2367, 2439, 2516, and 2609 respectively) is amend9 ed—

10 (1) in section 324, by striking subsection (b), 

11 and by striking the designator ‘‘(a)’’ prior to ‘‘Sense 

12 of Congress’’ in the remaining matter; 

13 (2) in section 722, by striking subsection (d); 

14 (3) in section 1082(b)—

15 (A) by striking subparagraph (1)(B); 

16 (B) by striking the dash in subsection (b) 

17 of section 1082; and 

18 (C) by striking the designator ‘‘(A)’’ pre19 ceding the remaining matter, and realigning it 

20 to read as a paragraph; and 

21 (4) in section 2827—

22 (A) by striking subsection (b); and 

23 (B) by redesignating subsection (c) as sub24 section (b). 
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1 (j) NATIONAL DEFENSE AUTHORIZATION ACT FOR

2 FISCAL YEAR 1994.—The National Defense Authoriza3 tion Act for Fiscal Year 1994 (Public Law 103–160; 107 

4 Stat. 1659 and 1931 respectively) is amended—

5 (1) by repealing section 542; and 

6 (2) in section 2924, by striking subsection (b). 

7 (k) NATIONAL DEFENSE AUTHORIZATION ACT FOR

8 FISCAL YEAR 1995.—The National Defense Authoriza9 tion Act for Fiscal Year 1995 (Public Law 103–337; 108 

10 Stat. 2804 and 2890, respectively) is amended—

11 (1) in section 721—

12 (A) by striking subsection (h); and 

13 (B) by redesignating subsection (i) as sub14 section (h); and 

15 (2) in section 1305, by striking subsection (h). 

16 (l) NATIONAL DEFENSE AUTHORIZATION ACT FOR

17 FISCAL YEAR 1996.—Section 2840 of the National De18 fense Authorization Act for Fiscal Year 1996 (Public Law 

19 104–106; 110 Stat. 564) is amended—

20 (1) in subsection (a)—

21 (A) by striking paragraph (4); and 

22 (B) by redesignating paragraph (5) as 

23 paragraph (4); and 

24 (2) in subsection (b)—

25 (A) by striking paragraph (4); and 
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1 (B) by redesignating paragraph (5) as 

2 paragraph (4). 

3 (m) NATIONAL DEFENSE AUTHORIZATION ACT FOR

4 FISCAL YEAR 1997.—The National Defense Authoriza5 tion Act for Fiscal Year 1997 (Public Law 104–201; 110 

6 Stat. 2480 and 2653, respectively) is amended—

7 (1) in section 324, by striking subsection (c); 

8 and 

9 (2) in section 1065, by striking subsection (b). 

10 (n) OMNIBUS CONSOLIDATED APPROPRIATIONS ACT, 

11 1997.—Section 8009 of the Omnibus Consolidated Appro12 priations Act, 1997 (Public Law 104–208; 110 Stat. 

13 3009–89) is amended—

14 (1) by striking ‘‘unless the congressional de15 fense committees have been notified at least thirty 

16 days in advance of the proposed contract award’’; 

17 (2) by striking the comma after ‘‘year’’; and 

18 (3) by striking the colon before ‘‘Provided’’. 

19 (o) NATIONAL DEFENSE AUTHORIZATION ACT FOR

20 FISCAL YEAR 1998.—Section 349 of the National Defense 

21 Authorization Act for Fiscal Year 1998 (Public Law 105–

22 85; 111 Stat. 1690) is amended by striking subsection (e). 

23 (p) STROM THURMOND NATIONAL DEFENSE AU24 THORIZATION ACT FOR FISCAL YEAR 1999.—The Strom 

25 Thurmond National Defense Authorization Act for Fiscal 
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1 Year 1999 (Public Law 105–261; 112 Stat. 2075 and 

2 2155, respectively) is amended—

3 (1) in section 745(e)—

4 (A) by striking paragraph (2); and 

5 (B) by striking the designator ‘‘(1)’’ fol6 lowing the catch line in the preceding matter; 

7 and 

8 (2) by repealing section 1223. 

9 (q) DEPARTMENT OF DEFENSE APPROPRIATIONS

10 ACT, 1999.—Section 8005 of the Department of Defense 

11 Appropriations Act, 1999 (Public Law 105–262; 112 Stat. 

12 2297) is amended by striking ‘‘Provided further, That the 

13 Secretary of Defense shall notify the Congress promptly 

14 of all transfers made pursuant to this authority or any 

15 other authority in this Act:’’. 

16 (r) NATIONAL DEFENSE AUTHORIZATION ACT FOR

17 FISCAL YEAR 2000.—The National Defense Authoriza18 tion Act for Fiscal Year 2000 (Public Law 106–65; 113 

19 Stat. 542, 697, 706, 748, 756, 779, and 798, respectively) 

20 is amended—

21 (1) in section 212, by striking subsection (c); 

22 (2) in section 724, by striking subsection (e); 

23 (3) by repealing section 811; 

24 (4) by repealing section 1025; 

25 (5) in section 1039, by striking subsection (b); 
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1 (6) in section 1201—

2 (A) by striking subsections (d) and (e); 

3 and 

4 (B) by redesignating subsection (f) as sub5 section (d); and 

6 (7) in section 1402, by striking subsection 

7 (b)(2).

8 (s) MILITARY CONSTRUCTION APPROPRIATIONS ACT, 

9 2001.—The Military Construction Appropriations Act, 

10 2001 (Public Law 106–246; 114 Stat. 517 and 518, re11 spectively) is amended—

12 (1) by repealing section 125; and 

13 (2) in section 127, by striking all that follows 

14 after ‘‘including flag and general officer quarters’’ 

15 and inserting a period. 

16 (t) DEPARTMENT OF DEFENSE APPROPRIATIONS

17 ACT, 2001.—Section 8019 of the Department of Defense 

18 Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 

19 678;) is amended by striking the last sentence. 

20 (u) FLOYD D. SPENCE NATIONAL DEFENSE AU21 THORIZATION ACT FOR FISCAL YEAR 2001.—The Floyd 

22 D. Spence National Defense Authorization Act for Fiscal 

23 Year 2001 (Public Law 106–398 Appendix; 114 Stat. 

24 1654A–28 and 1654A–247, respectively) is amended—

25 (1) by repealing section 131; 
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1 (2) in section 1006, by striking subsection (c); 

2 and 

3 (3) by repealing section 1233. 

4 (v) NATIONAL DEFENSE AUTHORIZATION ACT FOR

5 FISCAL YEAR 2002.—The National Defense Authoriza6 tion Act for Fiscal Year 2002 (Public Law 107–107; 115 

7 Stat. 1180 and 1204, respectively) is amended in section 

8 804(a), by striking ‘‘of each of years 2003 through 2006’’ 

9 and inserting ‘‘2003,’’. 

10 (w) DEPARTMENT OF DEFENSE AND EMERGENCY

11 SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM

12 AND RESPONSE TO TERRORIST ATTACKS ON THE UNITED

13 STATES ACT, 2002.—Section 8009 of the Department of 

14 Defense and Emergency Supplemental Appropriations for 

15 Recovery From and Response To Terrorist Attacks on the 

16 United States Act, 2002 (Public Law 107–117; 115 Stat. 

17 2249; 10 U.S.C. 401 note) is amended by striking ‘‘, and 

18 these obligations shall be reported to the Congress as of 

19 September 30 of each year’’. 

20 (x) SENATE EXECUTIVE RESOLUTION 75 (105TH

21 CONGRESS, 1ST SESSION, AGREED TO BY THE SENATE

22 ON APRIL 24, 1997).—Section 2, Condition 11, paragraph 

23 (F), of Senate Executive Resolution 75, a provision of the 

24 Senate’s advice and consent to the ratification of the 
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1 Chemical Weapons Convention (Treaty Doc. 103–21), is 

2 repealed. 

3 Subtitle D—Other Matters 

4 SEC. 931. COMBATANT COMMANDS INITIATIVES FUND. 

5 (a) SUBSTITUTION OF THE TERM ‘‘CINC’’.—Section 

6 166a of title 10, United States Code, is amended by strik7 ing ‘‘CINC’’ wherever it appears and inserting ‘‘Combat8 ant Commander’’. 

9 (b) FUNDS AUTHORIZED.—Subsection (e)(1) of such 

10 title is amended—

11 (1) in subparagraph (A), by striking 

12 ‘‘$7,000,000’’ and inserting ‘‘$15,000,000’’; 

13 (2) in subparagraph (B), by striking 

14 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’; and 

15 (3) in subparagraph (C), by striking 

16 ‘‘$2,000,000’’ and inserting ‘‘$10,000,000’’. 

17 SEC. 932. CONSOLIDATING THE FINANCIAL MANAGEMENT 

18 OF FACILITIES IN THE NATIONAL CAPITAL 

19 REGION AND DESIGNATED ALTERNATE 

20 SITES. 

21 Section 2674 of title 10, United States Code, is 

22 amended—

23 (1) in subsection (b)(1), by striking ‘‘of the De24 partment of Defense, and located’’ and inserting ‘‘of 
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1 the Department of Defense that is either on the 

2 Pentagon Reservation or’’; 

3 (2) in subsection (d), by inserting before the pe4 riod at the end the following: ‘‘or at facilities occu5 pied by the Department of Defense in the National 

6 Capital Region’’; 

7 (3) in subsection (e)—

8 (A) in paragraph (1), by striking ‘‘pursu9 ant to subsection (d)’’ and inserting ‘‘or at fa10 cilities occupied by the Department of Defense 

11 in the National Capital Region pursuant to sub12 section (d). Any residual balance in the Build13 ings Maintenance Fund shall be transferred to 

14 the Pentagon Reservation Maintenance Revolv15 ing Fund’’; and 

16 (B) in paragraph (2), by inserting before 

17 the period at the end the following: ‘‘and at fa18 cilities occupied by the Department of Defense 

19 in the National Capital Region.’’; 

20 (4) in subsection (f)(1)—

21 (A) by inserting ‘‘—(A)’’ after the ‘‘The 

22 Pentagon Reservation means’’; 

23 (B) by striking the period at the end and 

24 inserting ‘‘; and’’; and 
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1 (C) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(B) notwithstanding section 2682 of this 

4 title, such other areas of land, locations, or 

5 physical facilities of the Department of Defense 

6 as the Secretary of Defense may determine are 

7 necessary to designate as part of the Pentagon 

8 Reservation in order to meet continuity of oper9 ations or other related national security needs 

10 of the Department.’’. 

11 TITLE X—GENERAL PROVISIONS

12 Subtitle A—Financial Matters 

13 SEC. 1001. PAYMENT OF FULL REPLACEMENT VALUE FOR 

14 PERSONAL PROPERTY CLAIMS. 

15 Section 2636 of title 10, United States Code, is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(c) The Secretary of Defense or the Secretary of a 

19 military department may procure from commercial trans20 portation service providers full replacement value coverage 

21 for household goods shipments provided at government ex22 pense without regard to the dollar limitations contained 

23 in title 37, United States Code, Section 3721, relative to 

24 claims for loss or damages. Under such contracts, 

25 servicemembers will be reimbursed full replacement value, 
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1 if warranted, and such amounts may be deducted from 

2 the amounts due the carriers if settlement is not reached 

3 between the servicemember and the carrier.’’. 

4 SEC. 1002. RESTORATION OF AUTHORITY TO ENTER INTO 

5 12-MONTH LEASES AT ANY TIME DURING THE 

6 FISCAL YEAR. 

7 Section 2410a(a) of title 10, United States Code, is 

8 amended by inserting after ‘‘severable services’’ the fol9 lowing: ‘‘and the lease of real or personal property, includ10 ing the maintenance of such property when contracted for 

11 as part of the lease agreement,’’. 

12 SEC. 1003. AUTHORITY TO PROVIDE REIMBURSEMENT FOR 

13 CELLULAR TELEPHONE USE. 

14 (a) GENERAL AUTHORITY.—The Secretary of De15 fense is authorized to reimburse employees on a flat-rate 

16 basis for cellular telephone used on privately-owned cel17 lular phones when on official government business. 

18 (b) REIMBURSEMENT RATE.—The Secretary of De19 fense may prescribe the cellular phone flat reimbursement 

20 rate. This reimbursement rate shall not exceed the equiva21 lent Government costs of providing a cellular telephone to 

22 employees on official Government business. 
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1 SEC. 1004. REIMBURSEMENT FOR RESERVE INTELLIGENCE 

2 SUPPORT. 

3 (a) IN GENERAL.—Chapter 1003 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 10115. Reimbursement for reserve intelligence sup7 port 

8 ‘‘The Secretary of Defense or the Secretary con9 cerned shall reimburse a Reserve or National Guard unit 

10 or organization for the pay, allowances, or other expenses 

11 incurred by the Reserve or National Guard unit or organi12 zation when a member of the Reserve or National Guard 

13 unit or organization provides intelligence support, counter14 intelligence support, or intelligence and counterintelligence 

15 support to Combatant Commands, Defense Agencies, and 

16 Joint Intelligence Activities, including but not limited to 

17 the activities and programs within the National Foreign 

18 Intelligence Program, the Joint Military Intelligence Pro19 gram, and the Tactical Intelligence and Related Activities. 

20 Reimbursement shall be paid out of funds available for 

21 operations and maintenance of the military departments, 

22 combatant commands, or Defense Agencies.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of such chapter is amended by adding 

25 at the end the following new item:

‘‘10115. Reimbursement for reserve intelligence support.’’.
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1 SEC. 1005. INCREASED USE OF ENERGY COST SAVINGS. 

2 Section 2865(b)(1) of title 10, United States Code, 

3 is amended by striking ‘‘Two-thirds of the portion of the 

4 funds appropriated to Department of Defense for a fiscal 

5 year that is’’ and inserting ‘‘Funds appropriated to the 

6 Department of Defense for a fiscal year that are’’. 

7 SEC. 1006. ALLOW THE DEPARTMENT OF DEFENSE TO CAP8 TURE ALL EXPIRED FUNDS FROM THE MILI9 TARY PERSONNEL AND OPERATION AND 

10 MAINTENANCE APPROPRIATIONS ACCOUNTS 

11 FOR USE IN THE FOREIGN CURRENCY FLUC12 TUATIONS ACCOUNT. 

13 Section 2779 of title 10, United States Code, is 

14 amended—

15 (1) in subsection (a)(2), by striking ‘‘second fis16 cal year’’ and inserting ‘‘fifth fiscal year’’; and 

17 (2) in subsection (d)(2), by striking ‘‘second fis18 cal year’’ and inserting ‘‘fifth fiscal year’’. 

19 SEC. 1007. FUNDING FOR SPECIAL OPERATIONS RESERVE 

20 COMPONENT PERSONNEL ENGAGED IN AC21 TIVITIES RELATING TO CLEARANCE OF 

22 LANDMINES. 

23 Funds authorized in this Act for the Overseas Hu24 manitarian, Disaster and Civic Aid programs of the De25 partment of Defense shall be available, in a total amount 

26 not to exceed $5,000,000 in any fiscal year, for reimburse-
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1 ment of pay and allowances of Special Operations Reserve 

2 Component personnel performing duty in connection with 

3 training and activities related to the clearing of landmines 

4 for humanitarian purposes. 

5 Subtitle B—Naval Vessels and 

6 Shipyards 

7 SEC. 1011. REIMBURSEMENT TO THE NAVY FOR ASSIST8 ANCE PROVIDED IN SUPPORT OF CERTAIN 

9 SHIP AND SHIPBOARD EQUIPMENT TRANS10 FERS. 

11 (a) IN GENERAL.—Chapter 633 of title 10, United 

12 States Code, is amended by adding at the end the fol13 lowing new section: 

14 ‘‘§ 7316. Reimbursement for assistance provided in 

15 support of certain ship and shipboard 

16 equipment transfers 

17 ‘‘(a) AUTHORITY TO PERFORM WORK.—The Sec18 retary of the Navy may provide assistance in support of 

19 any ship or shipboard equipment transfer under sections 

20 2572, 7306, 7307, and 7545 of this title, or under any 

21 other authority, in connection with inactive decommis22 sioned Navy-owned vessels maintained and located at 

23 Navy facilities. 

24 ‘‘(b) REIMBURSEMENT.—The Secretary may require 

25 the entities receiving assistance under subsection (a) to 
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1 reimburse the Navy for amounts expended in providing 

2 such assistance. 

3 ‘‘(c) DEPOSIT OF FUNDS RECEIVED.—Funds re4 ceived under subsection (b) shall be credited to the appro5 priations supporting the maintenance and operation of the 

6 Navy Inactive Ships Management Office for the fiscal year 

7 in which the funds are received, to merge with and become 

8 available for the same purposes and period as the accounts 

9 to which they are credited.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of such chapter is amended by adding 

12 at the end the following new item:

‘‘7316. Reimbursement for assistance provided in support of certain ship and 

shipboard equipment transfers.’’.

13 SEC. 1012. VESSELS STRICKEN FROM NAVAL VESSEL REG14 ISTER: USE FOR EXPERIMENTAL PURPOSES.

15 Section 7306a of title 10, United States Code, is 

16 amended—

17 (1) in subsection (b)—

18 (A) in paragraph (1), by adding at the end 

19 the following new sentence: ‘‘Material and 

20 equipment stripped from the vessel may be sold 

21 by a contractor or a designated sales agent on 

22 behalf of the Navy.’’; and 

23 (B) in paragraph (2), by striking ‘‘scrap24 ping services’’ and all that follows through the 
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1 end of the paragraph and inserting ‘‘services 

2 needed for such stripping and for environmental 

3 remediation required for the use of a vessel for 

4 experimental purposes. Amounts received which 

5 are in excess of amounts needed for reimburse6 ment of those costs shall be deposited into the 

7 account from which the stripping and environ8 mental remediation expenses were incurred and 

9 shall be available for stripping and environ10 mental remediation of other vessels used for ex11 perimental purposes.’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(c) EXPERIMENTAL PURPOSES DEFINED.—For 

15 purposes of this section, the term ‘experimental purposes’ 

16 includes vessels used in Navy sink exercises and for target 

17 use.’’. 

18 SEC. 1013. AUTHORIZE TRANSFER OF VESSELS STRICKEN 

19 FROM THE NAVAL VESSEL REGISTER FOR 

20 USE AS ARTIFICIAL REEFS. 

21 Chapter 633 of title 10, United States Code, is 

22 amended by inserting after section 7306a the following 

23 new section: 
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1 ‘‘§ 7306b. Vessels stricken from Naval Vessel Register; 

2 transfer by gift or otherwise for use as 

3 artificial reefs 

4 ‘‘(a) AUTHORITY TO MAKE TRANSFER.—Subject to 

5 subsections (c) and (d) of section 602 of the Federal Prop6 erty and Administrative Services Act of 1949 (40 U.S.C. 

7 474), the Secretary of the Navy may transfer, by gift or 

8 otherwise, any vessel stricken from the Naval Vessel Reg9 ister to any State, Commonwealth, or possession of the 

10 United States or any municipal corporation or political 

11 subdivision thereof. 

12 ‘‘(b) VESSEL TO BE USED AS ARTIFICIAL REEF.—

13 An agreement for the transfer of a vessel under subsection 

14 (a) shall require that—

15 ‘‘(1) the transferee use, site, construct, monitor 

16 and manage the vessel only as an artificial reef in 

17 accordance with the requirements of chapter 35 of 

18 title 33, except that the transferee also may use the 

19 artificial reef to enhance diving opportunities if that 

20 use does not have an adverse effect on fishery re21 sources, as defined in section 1802(14) of the Mag22 nuson-Stevens Fishery Conservation and Manage23 ment Act of 1976, as amended (Public Law 100–

24 627; 16 U.S.C. 1802); and 

25 ‘‘(2) the transferee shall obtain and bear all of 

26 the responsibility for complying with all of the appli-
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1 cable federal, state, interstate, and local permits for 

2 siting, constructing, monitoring and managing a ves3 sel as an artificial reef. 

4 ‘‘(c) ADDITIONAL TERMS.—The Secretary may re5 quire such additional terms in connection with the convey6 ance authorized by this section as the Secretary considers 

7 appropriate. 

8 ‘‘(d) COST SHARING ON TRANSFERS.—The Depart9 ment of the Navy may share with the recipient any of the 

10 costs associated with transferring the vessel under this 

11 section. 

12 ‘‘(e) APPLICATION FOR MORE THAN ONE VESSEL.—

13 A State, Commonwealth, or possession of the United 

14 States, or any municipal corporation or political subdivi15 sion thereof, may apply for more than one vessel under 

16 this section.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is amended by inserting 

19 after the item relating to section 7306a the following new 

20 item:

‘‘7306b. Vessels stricken from Naval Vessel Register; transfer by gift or otherwise for use as artificial reefs.’’.

21 SEC. 1014. REPEAL OF THE SHIPBUILDING CAPABILITY 

22 PRESERVATION AGREEMENT. 

23 (a) IN GENERAL.—Section 7315 of title 10, United 

24 States Code, is repealed. 
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1 (b) SAVINGS PROVISION.—Agreements entered into 

2 under the authority of section 7315 prior to the date of 

3 enactment of this Act shall continue to remain in full force 

4 and effect. 

5 (c) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of chapter 633 of such title is amended 

7 by striking the item relating to section 7315. 

8 Subtitle C—Counter-Drug 

9 Activities 

10 SEC. 1021. EXTEND AUTHORITY FOR USE OF COUNTER11 DRUG ACTIVITIES. 

12 (a)(1) AUTHORITY.—In fiscal years 2004 and 2005, 

13 the Secretary of Defense may use funds available for drug 

14 interdiction and counter-drug activities to provide assist15 ance to the Government of Colombia to support a unified 

16 campaign against narcotics trafficking, to support a uni17 fied campaign against activities by organizations des18 ignated as terrorist organizations such as the Revolu19 tionary Armed Forces of Colombia, the National Libera20 tion Army, and the United Self-Defense Forces of Colom21 bia, and to take actions to protect human health and wel22 fare in emergency circumstances, including undertaking 

23 rescue operations. 
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1 (2) The authority in this section is in addition to au2 thorities currently available to provide assistance to Co3 lombia. 

4 (b) APPLICATION TO FUNDS.—Sections 556, 567, 

5 and 568 of the Foreign Operations, Export Financing, 

6 and Related Programs Appropriations Act, 2002 (Public 

7 Law 107–115; 115 Stat. 2160, 2165 and 2166, respec8 tively), section 8093 of the Department of Defense Appro9 priations Act, 2002 (Public Law 107–248; 116 Stat. 

10 1558), and the numerical limitations on the number of 

11 United States military personnel and United States indi12 vidual civilian contractors in section 3204(b)(1) of the 

13 Military Construction Appropriations Act, 2001 (Public 

14 Law 106–246; 114 Stat. 575), as amended, shall be appli15 cable to funds made available pursuant to the authority 

16 contained in subsection (a). 

17 (c) PROHIBITION.—No United States Armed Forces 

18 personnel or United States civilian contractor employed by 

19 the United States will participate in any combat operation 

20 in connection with assistance made available under this 

21 chapter, except for the purpose of acting in self-defense 

22 or rescuing any United States citizen to include United 

23 States Armed Forces personnel, United States civilian em24 ployees, and civilian contractors employed by the United 

25 States. 
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1 SEC. 1022. DEPARTMENT OF DEFENSE SUPPORT FOR 

2 COUNTER-TERRORISM ACTIVITIES IN THE 

3 AMERICAS. 

4 In fiscal year 2004, funds made available to the De5 partment of Defense to support counter-drug activities are 

6 hereby authorized to support a unified campaign against 

7 illicit narcotics-trafficking and related activities by identi8 fied organizations engaged in such narcotics-trafficking, to 

9 support a unified campaign against activities by organiza10 tions in the Americas hemisphere actively engaged in, or 

11 designated as, terrorist organizations, and to take suffi12 cient action to protect human health and welfare in exi13 gent circumstances, including the undertaking of rescue 

14 operations throughout Central and South America and the 

15 waters south of the Continental United States, such as 

16 the Pacific Ocean east of 120 degrees West, the Gulf of 

17 Mexico, and the Caribbean Sea. The exercise of this au18 thority by the Secretary of Defense is subject to the con19 currence of the Secretary of State.

20 SEC. 1023. EXPANSION AND EXTENSION OF AUTHORITY TO 

21 PROVIDE ADDITIONAL SUPPORT FOR 

22 COUNTER-DRUG ACTIVITIES. 

23 Section 1033 of the National Defense Authorization 

24 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

25 1881), as amended by the National Defense Authorization 
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1 Act for Fiscal Year 2001 (Public Law 106–398; 114 Stat. 

2 1654A–255), is amended—

3 (1) in the section title by striking ‘‘Peru and 

4 Colombia’’ and inserting ‘‘other countries’’; 

5 (2) in subsection (a)—

6 (A) by striking ‘‘2002’’ and inserting 

7 ‘‘2006’’; and 

8 (B) by striking ‘‘either or both’’ and in9 serting ‘‘any’’; 

10 (3) by amending subsection (b) to read as fol11 lows: 

12 ‘‘(b) GOVERNMENTS ELIGIBLE TO RECEIVE SUP13 PORT.—The foreign governments eligible to receive 

14 counter-drug support under this section are as follows: 

15 ‘‘(1) Afghanistan. 

16 ‘‘(2) Ecuador. 

17 ‘‘(3) Pakistan. 

18 ‘‘(4) Tajikistan. 

19 ‘‘(5) Turkmenistan. 

20 ‘‘(6) Uzbekistan 

21 ‘‘(7) Peru; and 

22 ‘‘(8) Colombia.’’; 

23 (4) in subsection (c)—

24 (A) in paragraph (2) by striking 

25 ‘‘riverine’’; 
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1 (B) by amending paragraph (3) to read as 

2 follows: 

3 ‘‘(3) The maintenance, repair, or upgrade of 

4 equipment of the government that is used for 

5 counter-drug activities.’’; and 

6 (C) by adding at the end the following new 

7 paragraph (4): 

8 ‘‘(4) The sustainment, including ammunition, of 

9 counter-drug security forces.’’; 

10 (5) in subsection (e)(2)—

11 (A) by striking ‘‘$20,000,000’’ and insert12 ing ‘‘$40,000,000’’; and 

13 (B) by striking ‘‘1999’’ and inserting 

14 ‘‘2004’’; and 

15 (6) in subsection (h)—

16 (A) by amending subsection (h) to read as 

17 follows: 

18 ‘‘(h) COUNTER-DRUG PLAN.—The Secretary of De19 fense, in consultation with the Secretary of State, shall 

20 prepare for fiscal year 2004 (and revise as necessary for 

21 subsequent fiscal years) a counter-drug plan involving the 

22 governments named in subsection (b) to which support will 

23 be provided under this section:’’; 

24 (B) in paragraph (2), by striking 

25 ‘‘riverine’’; 
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1 (C) in paragraph (7), by striking 

2 ‘‘riverine’’; 

3 (D) in paragraph (8), by striking 

4 ‘‘riverine’’; and 

5 (E) by amending paragraph (9) to read as 

6 follows: 

7 ‘‘(9) A detailed discussion of how the counter8 drug program supports the national drug control 

9 strategy and the national security cooperation goals 

10 of the United States.’’. 

11 Subtitle D—Other Department of 

12 Defense Provisions 

13 SEC. 1031. PROVISION OF LIVING QUARTERS FOR CERTAIN 

14 STUDENTS. 

15 Section 2195 of title 10, United States Code, is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(d) Notwithstanding the provisions of section 

19 5911(c), title 5, United States Code, the Director of the 

20 National Security Agency may provide living quarters 

21 without charge, or at rates or charges fixed by regulation, 

22 to a student in the Student Educational Employment Pro23 gram or similar program, as prescribed by the Office of 

24 Personnel Management, while the student is employed at 

25 the Agency’s laboratory.’’. 
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1 SEC. 1032. REPEAL OF REQUIRED GRADE FOR DEFENSE 

ATTACHE ́ 2 IN FRANCE. 

3 (a) IN GENERAL.—Section 714 of title 10, United 

4 States Code, is repealed. 

5 (b) CONFORMING AMENDMENT.—The table of sec6 tions at the beginning of chapter 41 of that title is amend7 ed by striking the item relating to section 714. 

8 SEC. 1033. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY. 

9 (a) DEFINITION OF GEOSPATIAL INTELLIGENCE.—

10 Section 467 of title 10, United States Code, is amended 

11 by adding at the end the following new paragraph: 

12 ‘‘(5) The term ‘geospatial intelligence’ means 

13 the exploitation and analysis of imagery and 

14 geospatial information to describe, assess, and vis15 ually depict physical features and geographically ref16 erenced activities on the Earth. This term consists 

17 of imagery, imagery intelligence, and geospatial in18 formation.’’. 

19 (b) MISSIONS.—Section 442(a) of such title is 

20 amended to read as follows: 

21 ‘‘(a) NATIONAL SECURITY MISSIONS.—

22 (1) The National Geospatial-Intelligence Agency 

23 shall, in support of the national security objectives 

24 of the United States, provide geospatial intelligence 

25 consisting of the following: 

26 ‘‘(A) Imagery. 
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1 ‘‘(B) Imagery intelligence. 

2 ‘‘(C) Geospatial information. 

3 ‘‘(2) Geospatial intelligence provided in carrying 

4 out paragraph (1) shall be timely, relevant, and ac5 curate.’’. 

6 (c) NATIONAL SECURITY ACT CHANGE.—Section 110 

7 of the National Security Act of 1947 (50 U.S.C. 404(e)) 

8 is amended by striking ‘‘imagery’’ and inserting 

9 ‘‘geospatial intelligence’’. 

10 (d) TECHNICAL CHANGES TO TITLE 10.—

11 (1) The title of chapter 22 of such title is 

12 amended by striking ‘‘National Imagery and Map13 ping Agency’’ and inserting ‘‘National Geospatial-In14 telligence Agency’’. 

15 (2) Paragraphs (a) and (b) of section 441 of 

16 such title are amended by striking ‘‘National Im17 agery and Mapping Agency’’ and inserting ‘‘National 

18 Geospatial-Intelligence Agency’’. 

19 (3) Section 442 of such title is amended by 

20 striking ‘‘National Imagery and Mapping Agency’’ 

21 wherever it appears and inserting ‘‘National 

22 Geospatial-Intelligence Agency’’. 

23 (4) Paragraphs (a) and (b) of section 443 of 

24 such title are amended by striking ‘‘National Im-
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1 agery and Mapping Agency’’ and inserting ‘‘National 

2 Geospatial-Intelligence Agency’’. 

3 (5) Paragraphs (a), (b), (c), and (e) of section 

4 444 of such title are amended by striking ‘‘National 

5 Imagery and Mapping Agency’’ and inserting ‘‘Na6 tional Geospatial-Intelligence Agency’’. 

7 (6) Section 451 of such title is amended by 

8 striking ‘‘National Imagery and Mapping Agency’’ 

9 and inserting ‘‘National Geospatial-Intelligence 

10 Agency’’. 

11 (7) Paragraphs (a) and (b) of section 452 of 

12 such title are amended by striking ‘‘National Im13 agery and Mapping Agency’’ and inserting ‘‘National 

14 Geospatial-Intelligence Agency’’. 

15 (8) Paragraphs (a) and (b) of section 453 of 

16 such title are amended—

17 (A) by striking ‘‘National Imagery and 

18 Mapping Agency’’ and inserting ‘‘National 

19 Geospatial-Intelligence Agency’’; and 

20 (B) by striking ‘‘NIMA’’ and inserting 

21 ‘‘NGA’’. 

22 (9) Section 454 of such title is amended by 

23 striking ‘‘National Imagery and Mapping Agency’’ 

24 and inserting ‘‘National Geospatial-Intelligence 

25 Agency’’. 
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1 (10) Paragraphs (a) and (b) of section 455 of 

2 such title are amended by striking ‘‘National Im3 agery and Mapping Agency’’ and inserting ‘‘National 

4 Geospatial-Intelligence Agency’’. 

5 (11) Paragraphs (a) and (b) of section 456 of 

6 such title are amended by striking ‘‘National Im7 agery and Mapping Agency’’ and inserting ‘‘National 

8 Geospatial-Intelligence Agency’’. 

9 (12) Paragraph (b) of section 457 of such title 

10 is amended by striking ‘‘National Imagery and Map11 ping Agency’’ and inserting ‘‘National Geospatial-In12 telligence Agency’’. 

13 (13) Paragraphs (a), (b), (c), and (d) of section 

14 461 of such title are amended by striking ‘‘National 

15 Imagery and Mapping Agency’’ and inserting ‘‘Na16 tional Geospatial-Intelligence Agency’’. 

17 (14) Section 1614 of such title is amended by 

18 striking ‘‘National Imagery and Mapping Agency’’ 

19 and inserting ‘‘National Geospatial-Intelligence 

20 Agency’’. 

21 (e) TECHNICAL CHANGES TO THE NATIONAL SECU22 RITY ACT OF 1947.—

23 (1) Section 3 of the National Security Act of 

24 1947 (50 U.S.C. 401a) is amended by striking ‘‘Na-
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1 tional Imagery and Mapping Agency’’ and inserting 

2 ‘‘National Geospatial-Intelligence Agency’’. 

3 (2) Paragraphs (b) and (d) of section 105 of 

4 such Act (50 U.S.C. 403–5) are amended by strik5 ing ‘‘National Imagery and Mapping Agency’’ and 

6 inserting ‘‘National Geospatial-Intelligence Agency’’. 

7 (3) Paragraph (b) of section 105A of such Act 

8 (50 U.S.C. 403–5a) is amended by striking ‘‘Na9 tional Imagery and Mapping Agency’’ and inserting 

10 ‘‘National Geospatial-Intelligence Agency’’. 

11 (4) Section 105C of such Act (50 U.S.C. 403–

12 5c) is amended—

13 (A) by striking ‘‘National Imagery and 

14 Mapping Agency’’ wherever it appears and in15 serting ‘‘National Geospatial-Intelligence Agen16 cy’’; and 

17 (B) and by striking ‘‘NIMA’’ wherever it 

18 appears and inserting ‘‘NGA’’. 

19 (5) Paragraph (a) of section 106 of such Act 

20 (50 U.S.C. 403–6) is amended by striking ‘‘National 

21 Imagery and Mapping Agency’’ and inserting ‘‘Na22 tional Geospatial-Intelligence Agency’’. 

23 (6) Paragraphs (a), (b), and (c) of section 110 

24 of such Act (50 U.S.C. 404e) are amended by strik-
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1 ing ‘‘National Imagery and Mapping Agency’’ and 

2 inserting ‘‘National Geospatial-Intelligence Agency’’. 

3 (f) SEAL.—Section 425 (a) of title 10, United States 

4 Code, is amended by adding at the end the following new 

5 paragraph: 

6 ‘‘(5) The words ‘National Geospatial-Intel7 ligence Agency’, the initials ‘NGA,’ or the seal of the 

8 National Geospatial-Intelligence Agency.’’. 

9 Subtitle E—Other Matters 

10 SEC. 1041. UPDATING DEFINITIONS IN TITLE 10, UNITED 

11 STATES CODE. 

12 (a) GENERAL DEFINITIONS.—Subsection (a) of sec13 tion 101 of title 10, United States Code, is amended by 

14 adding at the end the following new paragraphs: 

15 ‘‘(16) The term ‘appropriate committees of 

16 Congress’ means the Committee on Armed Services 

17 and the Committee on Appropriations of the Senate 

18 and the Committee on Armed Services and the Com19 mittee on Appropriations of the House of Represent20 atives and, with respect to any project to be carried 

21 out by, or for the use of, an intelligence component 

22 of the Department of Defense, the Permanent Select 

23 Committee on Intelligence of the House of Rep24 resentatives and the Select Committee on Intel25 ligence of the Senate. 
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1 ‘‘(17) The term ‘base closure law’ means—

2 ‘‘(A) section 2687 of this title; 

3 ‘‘(B) title II of the Defense Authorization 

4 Amendments and Base Closure and Realign5 ment Act of 1988 (Public Law 100–526; 10 

6 U.S.C. 2687 note); 

7 ‘‘(C) the Defense Base Closure and Re8 alignment Act of 1990 (part A of title XXIX of 

9 Public Law 101–510; 10 U.S.C. 2687 note); 

10 and 

11 ‘‘(D) any other similar authority for the 

12 closure or realignment of military installations 

13 that is enacted after the date of the enactment 

14 of the Bob Stump National Defense Authoriza15 tion Act for Fiscal Year 2003. 

16 ‘‘(18) The term ‘Indian tribe’ has the meaning 

17 given such term in section 102(2) of the Federally 

18 Recognized Indian Tribe List Act of 1994 (25 

19 U.S.C. 479a(2)).’’. 

20 (b) FACILITIES DEFINITIONS.—Section 101 is fur21 ther amended—

22 (1) by redesignating subsections (e) and (f) as 

23 subsections (f) and (g), respectively; and 

24 (2) by inserting after subsection (d) the fol25 lowing new subsection (e): 
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1 ‘‘(e) FACILITIES AND OPERATIONS.—Unless the con2 text indicates otherwise, the following definitions relating 

3 to facilities and operations apply to this title:

4 ‘‘(1) The term ‘military munitions’—

5 ‘‘(A) means all ammunition products and 

6 components produced for or used by the armed 

7 forces for national defense and security, includ8 ing ammunition products or components under 

9 the control of the Department of Defense, the 

10 Coast Guard, the Department of Energy, and 

11 the National Guard. The term includes confined 

12 gaseous, liquid, and solid propellants, explo13 sives, pyrotechnics, chemical and riot control 

14 agents, smokes, incendiaries, bulk explosives 

15 and chemical warfare agents, chemical muni16 tions, rockets, guided and ballistic missiles, 

17 bombs, warheads, mortar rounds, artillery am18 munition, small arms ammunition, grenades, 

19 mines, torpedoes, depth charges, cluster muni20 tions and dispensers, demolition charges, and 

21 devices and components thereof, and 

22 ‘‘(B) does not include wholly inert items, 

23 improvised explosive devices, and nuclear weap24 ons, nuclear devices, and nuclear components, 

25 except that the term does include non-nuclear 
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1 components of nuclear devices that are man2 aged under the nuclear weapons program of the 

3 Department of Energy after all required saniti4 zation operations under the Atomic Energy Act 

5 of 1954 (42 U.S.C. 2011, et seq.) have been 

6 completed. 

7 ‘‘(2) The term ‘operational range’ means—

8 ‘‘(A) a range that is used for range activi9 ties, or 

10 ‘‘(B) a range that is not currently being 

11 used for range activities, but that is still consid12 ered by the Secretary concerned to be a range, 

13 is under the jurisdiction, custody, or control of 

14 the Secretary concerned, and has not been put 

15 to a new use that is incompatible with range ac16 tivities. 

17 ‘‘(3) The term ‘range’ means a designated land 

18 or water area set aside, managed, and used to con19 duct research, development, testing, and evaluation 

20 of military munitions, other ordnance, or weapon 

21 systems, or to train military personnel in their use 

22 and handling. Ranges include firing lines and posi23 tions, maneuver areas, firing lanes, test pads, deto24 nation pads, impact areas, electronic scoring sites, 

25 buffer zones with restricted access and exclusionary 
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1 areas, and airspace areas designated for military use 

2 according to regulations and procedures established 

3 by the Federal Aviation Administration such as spe4 cial use airspace areas, military training routes, or 

5 other associated airspace. 

6 ‘‘(4) The term ‘unexploded ordnance’ means 

7 military munitions that—

8 ‘‘(A) have been primed, fused, armed, or 

9 otherwise prepared for action; 

10 ‘‘(B) have been fired, dropped, launched, 

11 projected, or placed in such a manner as to con12 stitute a hazard to operations, installations, 

13 personnel, or material; and 

14 ‘‘(C) remain unexploded either by malfunc15 tion, design, or any other cause.’’. 

16 (c) CONFORMING AMENDMENTS.—

17 (1) Subsection (e) of section 2710 of title 10, 

18 United States Code, is amended—

19 (A) by striking paragraphs (3), (5), and 

20 (9); and 

21 (B) by redesignating paragraphs (4), (6), 

22 (7), (8), and (10) as paragraphs (3), (4), (5), 

23 (6), and (7), respectively. 

24 (2) Subsection (d) of section 313 of the Na25 tional Defense Authorization Act for Fiscal Year 
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1 2002 (Public Law 107–107; 115 Stat. 1053), is 

2 amended by inserting after ‘‘311’’ the following: ‘‘, 

3 or in section 101 of title 10, United States Code’’. 

4 (3) Title 10, United States Code, is further 

5 amended as follows: 

6 (A) Subsection (c) of section 2801 is 

7 amended by striking paragraph (4). 

8 (B) Sections 181, 229, 1107, 2216, 2218, 

9 2306b, 2366, 2399, 2534, 2667, and 10216 are 

10 amended by striking ‘‘congressional defense 

11 committees’’ each place it appears and inserting 

12 ‘‘appropriate committees of Congress’’. 

13 (C) Subsection (d)(2) of section 181 is 

14 amended—

15 (i) by striking ‘‘subsection: (A) The’’ 

16 and inserting ‘‘subsection, the’’; and 

17 (ii) by striking paragraph (B). 

18 (D) Subsection (f) of section 229 is re19 pealed. 

20 (E) Subsection (f)(4) of section 1107 is 

21 amended by striking subparagraph (C). 

22 (F) Subsection (j) of section 2216 is 

23 amended by striking paragraph (3). 

24 (G) Subsection (l) of section 2218 is 

25 amended—
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1 (i) by striking paragraph (4); and 

2 (ii) by redesignating paragraph (5) as 

3 paragraph (4). 

4 (H) Subsection (l) of section 2306b is 

5 amended—

6 (i) by striking paragraph (9); and 

7 (ii) by redesignating paragraph (10) 

8 as paragraph (9). 

9 (I) Subsection (e) of section 2366 is 

10 amended by striking paragraph (7). 

11 (J) Subsection (h) of section 2399 is 

12 amended—

13 (i) in paragraph (1), by striking ‘‘sec14 tion: (1) The’’ and inserting ‘‘section, the’’; 

15 and 

16 (ii) by striking paragraph (2). 

17 (K) Subsection (h) of section 2667 is 

18 amended—

19 (i) by striking paragraphs (1) and (2); 

20 and 

21 (ii) by striking ‘‘section: (3) The’’ and 

22 inserting ‘‘section, the’’. 

23 (4) Title 10, United States Code, is further 

24 amended as follows: 
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1 (A) Subsection (f) of section 2490a is 

2 amended—

3 (i) by striking ‘‘section: (1) The’’ and 

4 inserting ‘‘section, the’’; and 

5 (ii) by striking paragraph (2). 

6 (B) Section 2705 is amended by striking 

7 subsection (h). 

8 (C) Section 2871 is amended—

9 (i) by striking paragraph (2); and 

10 (ii) by redesignating paragraphs (3), 

11 (4), (5), (6), (7), and (8) as paragraphs 

12 (2), (3), (4), (5), (6), and (7), respectively. 

13 SEC. 1042. IMPROVING READINESS IN PROVIDING FIRE14 FIGHTING SERVICES. 

15 Section 2465(b) of title 10, United States Code, is 

16 amended by adding at the end the following new para17 graph: 

18 ‘‘(4) to a contract for the performance of a fire19 fighting function for a period of one year or less to 

20 fill vacant positions created by deployed military fire 

21 fighters.’’. 
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1 SEC. 1043. DOCUMENTS, HISTORICAL ARTIFACTS, AND OB2 SOLETE OR SURPLUS MATERIEL: LOAN, DO3 NATION, OR EXCHANGE. 

4 (a) IN GENERAL.—Section 2572 of title 10, United 

5 States Code, is amended—

6 (1) in the heading, by striking ‘‘condemned or 

7 obsolete combat’’ and inserting ‘‘obsolete or sur8 plus’’; 

9 (2) in subsection (a), by striking ‘‘subsection 

10 (c)’’ and inserting ‘‘subsection (c)(1)’’; 

11 (3) in subsection (b), by striking ‘‘subsection 

12 (c)’’ and inserting ‘‘subsection (c)(2)’’; and 

13 (4) in subsection (c)—

14 (A) by striking ‘‘(c) This section’’ and 

15 ‘‘(c)(1) Subsection (a)’’; and 

16 (B) by adding at the end the following new 

17 paragraph: 

18 ‘‘(2) Subsection (b) applies to the following 

19 types of property held by a military department or 

20 the Coast Guard: books, manuscripts, works of art, 

21 historical artifacts, drawings, plans, models, and ob22 solete or surplus materiel.’’. 

23 (b) CONFORMING AMENDMENT.—The table of sec24 tions at the beginning of chapter 153 of such title is 

25 amended by amending the item relating to section 2572 
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1 to read as follows:

‘‘2572. Documents, historical artifacts, and obsolete or surplus combat materiel: 

loan, gift, or exchange.’’.

2 SEC. 1044. AUTHORITY TO ENSURE DEMILITARIZATION OF 

3 SIGNIFICANT MILITARY EQUIPMENT FOR4 MERLY OWNED BY THE DEPARTMENT OF DE5 FENSE. 

6 (a) IN GENERAL.—Chapter 153 of title 10, United 

7 States Code, is amended by inserting after section 2582 

8 the following new section: 

9 ‘‘§ 2583. Continued authority to require demilitariza10 tion of significant military equipment 

11 after disposal 

12 ‘‘(a) AUTHORITY TO REQUIRE DEMILITARIZATON.—

13 The Secretary of Defense may require any person in pos14 session of significant military equipment formerly owned 

15 by the Department of Defense—

16 ‘‘(1) to demilitarize the equipment; 

17 ‘‘(2) to have the equipment demilitarized by a 

18 third party; or 

19 ‘‘(3) to return the equipment to the United 

20 States Government for demilitarization. 

21 ‘‘(b) COST AND VALIDATION OF DEMILITARIZA22 TION.—When the demilitarization of significant military 

23 equipment is carried out by the person in possession of 

24 the equipment pursuant to paragraph (1) or (2) of sub-
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1 section (a), the person shall be solely responsible for all 

2 demilitarization costs, and the United States shall have 

3 the right to validate that the equipment has been demili4 tarized. 

5 ‘‘(c) RETURN OF EQUIPMENT TO THE U.S. GOVERN6 MENT.—When the Secretary of Defense requires the re7 turn of significant military equipment for demilitarization 

8 by the United States Government, the Secretary shall bear 

9 all costs to transport and demilitarize the equipment. If 

10 the person in possession of the significant military equip11 ment obtained the property in the manner authorized by 

12 law or regulation and the Secretary determines that the 

13 cost to demilitarize and return the property to the person 

14 is prohibitive, the Secretary shall reimburse the person for 

15 the fair market value of the property or, if the fair market 

16 value is not readily ascertainable, the purchase cost of the 

17 property and for the reasonable transportation costs in18 curred by the person to purchase the equipment. 

19 ‘‘(d) ESTABLISHMENT OF DEMILITARIZATON STAND20 ARDS.—The Secretary of Defense may prescribe by regu21 lation what constitutes demilitarization for each type of 

22 significant military equipment. 

23 ‘‘(e) EXCEPTIONS.—This section does not apply—

24 ‘‘(1) when a person is in possession of signifi25 cant equipment formerly owned by the Department 
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1 of Defense for the purpose of demilitarizing the 

2 equipment pursuant to a U.S. Government contract; 

3 ‘‘(2) to small arms weapons issued under the 

4 Defense Civilian Marksmanship Program established 

5 in title 36, United States Code; 

6 ‘‘(3) to issues by the Department of Defense to 

7 museums where demilitarization has been performed 

8 in accordance with departmental regulations; and 

9 ‘‘(4) to other issues and undemilitarized signifi10 cant military equipment under the provisions of de11 partmental regulations. 

12 ‘‘(f) DEFINITION OF SIGNIFICANT MILITARY EQUIP13 MENT.—In this section, the term ‘significant military 

14 equipment’ means—

15 ‘‘(1) an article for which special export controls 

16 are warranted under the Arms Export Control Act 

17 (22 U.S.C. 2751 et seq.) because of its capacity for 

18 substantial military utility or capability, as identified 

19 on the United States Munitions List maintained 

20 under sect 121.1 of title 22, Code of Federal Regu21 lations; and 

22 ‘‘(2) any other article designated by the Depart23 ment of Defense as requiring demilitarization before 

24 its disposal.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item:

‘‘2583. Continued authority to require demilitarization of significant military 

equipment after disposal.’’.

4 TITLE XI—DEPARTMENT OF 

5 DEFENSE CIVILIAN PERSONNEL 

6 SEC. 1101. POSITION VACANCY PROMOTION CONSIDER7 ATION IN TIME OF WAR OR NATIONAL EMER8 GENCY. 

9 (a) VACANCY PROMOTION CONSIDERATION.—Section 

10 14317 of title 10, United States Code, is amended—

11 (1) in subsection (d), by striking ‘‘If a reserve 

12 officer’’ and inserting ‘‘Except as provided in sub13 section (e), if a reserve officer’’; and 

14 (2) in subsection (e), by inserting ‘‘or, in the 

15 case of an officer who has been ordered to or is serv16 ing on active duty in support of a contingency oper17 ation as defined in section 101(a)(13) of this title, 

18 a vacancy promotion board’’ after ‘‘mandatory pro19 motion board’’. 

20 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

21 section 14315(a) of such title is amended by striking ‘‘or, 

22 as determined by the Secretary concerned, is available to 

23 occupy a position’’ and inserting ‘‘or, under regulations 
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1 prescribed by the Secretary concerned, is recommended to 

2 occupy a position’’. 

3 TITLE XII—MATTERS RELATING 

4 TO OTHER NATIONS 

5 Subtitle A—Matters Related to Al6 lies and Friendly Foreign Na7 tions 

8 SEC. 1201. EXPANSION OF AUTHORITY TO CONDUCT THE 

9 ARCTIC MILITARY ENVIRONMENTAL CO10 OPERATION PROGRAM. 

11 Section 327 of the Strom Thurmond National De12 fense Authorization Act for Fiscal Year 1999 (Public Law 

13 No. 105–261; 112 Stat. 1965), is amended—

14 (1) in the title, by inserting ‘‘AND WESTERN 

15 PACIFIC’’ after ‘‘ARCTIC’’; 

16 (2) by striking subsections (b) and (c); 

17 (3) by redesignating subsection (a) as sub18 section (b); 

19 (4) by inserting after the title the following new 

20 subsection (a): 

21 ‘‘(a) AUTHORITY TO CONDUCT PROGRAM.—Subject 

22 to subsection (b), the Secretary of Defense, with the con23 currence of the Secretary of State, may conduct the Arctic 

24 and Western Pacific Military Environmental Cooperation 

25 Program.’’; and 
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1 (5) in subsection (b), as redesignated by para2 graph (3)—

3 (A) in paragraph (1)—

4 (i) by inserting ‘‘and Western Pacific’’ 

5 after ‘‘Subject to paragraph (2), activities 

6 under the Arctic’’; 

7 (ii) by inserting ‘‘and assistance’’ 

8 after ‘‘shall include cooperative’’; and 

9 (iii) by striking ‘‘in the Arctic Re10 gion’’; and 

11 (B) in paragraph (2)—

12 (i) by inserting ‘‘Western Pacific’’ 

13 after ‘‘Activities under the Arctic’’; and 

14 (ii) by striking ‘‘for purposes for 

15 which funds for Cooperative Threat Reduc16 tion programs have been denied or are pro17 hibited, including the purposes’’. 

18 SEC. 1202. AUTHORITY TO WAIVE DOMESTIC SOURCE OR 

19 CONTENT REQUIREMENTS. 

20 (a) IN GENERAL.—Subchapter V of chapter 148 of 

21 title 10, United States Code, is amended by adding at the 

22 end the following new section: 
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1 ‘‘§ 2539c. Waiver of domestic source or content re2 quirements 

3 ‘‘(a) AUTHORITY.—Except as provided in subsection 

4 (f), the Secretary of Defense may waive the application 

5 of any domestic source requirement or domestic content 

6 requirement referred to in subsection (b) and thereby au7 thorize the procurement of items that are grown, reproc8 essed, reused, produced, or manufactured—

9 ‘‘(1) in a foreign country that has a reciprocal 

10 defense procurement memorandum of understanding 

11 or agreement with the United States; 

12 ‘‘(2) in a foreign country that has a reciprocal 

13 defense procurement memorandum of understanding 

14 or agreement with the United States substantially 

15 from components and materials grown, reprocessed, 

16 reused, produced, or manufactured in the United 

17 States or any foreign country that has a reciprocal 

18 defense procurement memorandum of understanding 

19 or agreement with the United States; or 

20 ‘‘(3) in the United States substantially from 

21 components and materials grown, reprocessed, re22 used, produced, or manufactured in the United 

23 States or any foreign country that has a reciprocal 

24 defense procurement memorandum of understanding 

25 or agreement with the United States. 
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1 ‘‘(b) COVERED REQUIREMENTS.—For purposes of 

2 this section: 

3 ‘‘(1) A domestic source requirement is any re4 quirement under law that the Department of De5 fense satisfy its requirements for an item by pro6 curing an item that is grown, reprocessed, reused, 

7 produced, or manufactured in the United States or 

8 by a manufacturer that is a part of the national 

9 technology and industrial base (as defined in section 

10 2500(1) of this title). 

11 ‘‘(2) A domestic content requirement is any re12 quirement under law that the Department of De13 fense satisfy its requirements for an item by pro14 curing an item produced or manufactured partly or 

15 wholly from components and materials grown, re16 processed, reused, produced, or manufactured in the 

17 United States. 

18 ‘‘(c) APPLICABILITY.—The authority of the Secretary 

19 to waive the application of a domestic source or content 

20 requirements under subsection (a) applies to the procure21 ment of items for which the Secretary of Defense deter22 mines that—

23 ‘‘(1) application of the requirement would im24 pede the reciprocal procurement of defense items 

25 under a memorandum of understanding providing 
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1 for reciprocal procurement of defense items between 

2 a foreign country and the United States in accord3 ance with section 2531 of this title; and 

4 ‘‘(2) such country does not discriminate against 

5 defense items produced in the United States to a 

6 greater degree than the United States discriminates 

7 against defense items produced in that country. 

8 ‘‘(d) LAWS NOT WAIVABLE.—The Secretary of De9 fense may not exercise the authority under subsection (a) 

10 to waive any domestic source or content requirement con11 tained in any of the following laws: 

12 ‘‘(1) The Small Business Act (15 U.S.C. 631 et 

13 seq.). 

14 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C. 

15 et seq.). 

16 ‘‘(3) Sections 2533a, 7309 and 7310 of this 

17 title. 

18 ‘‘(e) RELATIONSHIP TO OTHER WAIVER AUTHOR19 ITY.—The authority under subsection (a) to waive a do20 mestic source requirement or domestic content require21 ment is in addition to any other authority to waive such 

22 requirement. 

23 ‘‘(f) CONSTRUCTION WITH RESPECT TO LATER EN24 ACTED LAWS.—This section may not be construed as 

25 being inapplicable to a domestic source requirement or do-
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1 mestic content requirement that is set forth in a law en2 acted after the enactment of this section solely on the 

3 basis of the later enactment.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such subchapter is amended by insert6 ing after the item relating to section 2539b the following 

7 new item:

‘‘2539c. Waiver of domestic source or content requirements.’’.

8 SEC. 1203. AUTHORITY TO EXPEND FUNDS TO RECOGNIZE 

9 SUPERIOR NONCOMBAT ACHIEVEMENTS OR 

10 PERFORMANCE BY MEMBERS OF FRIENDLY 

11 FOREIGN FORCES AND OTHER FOREIGN NA12 TIONALS. 

13 (a) IN GENERAL—Chapter 53 of title 10, United 

14 States Code, is amended by inserting after section 1051 

15 the following new section: 

16 ‘‘§ 1051a. Bilateral or regional cooperation programs: 

17 expenditure of funds to recognize supe18 rior noncombat achievements or perform19 ance 

20 ‘‘(a) GENERAL AUTHORITY.—The Secretary of De21 fense may expend operations and maintenance funds to 

22 recognize superior noncombat achievements or perform23 ance, by members of friendly foreign forces and other for24 eign nationals, that significantly enhance or support the 

25 National Security Strategy of the United States. Activities 
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1 that may be recognized include superior achievement or 

2 performance that—

3 ‘‘(1) plays a crucial role in shaping the inter4 national security environment in ways that protect 

5 and promote United States interests; 

6 ‘‘(2) supports or enhances United States over7 seas presence and peacetime engagement activities 

8 such as defense cooperation initiatives, security as9 sistance training and programs, and training and ex10 ercises with United States Armed Forces; 

11 ‘‘(3) helps to deter aggression and coercion, 

12 build coalitions, promote regional stability; and 

13 ‘‘(4) serves as role models for appropriate con14 duct by militaries in emerging democracies. 

15 ‘‘(b) LIMITATIONS.—Expenditures for the purchase 

16 or production of suitable mementos under this section 

17 shall not exceed the ‘‘minimal value’’ established in ac18 cordance with section 7342(a)(5) of title 5.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by inserting 

21 after the item relating to section 1051 the following new 

22 item:

‘‘1051a. Bilateral or regional cooperation programs: expenditure of funds to recognize superior noncombat achievements or performance.’’.
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1 SEC. 1204. ADMINISTRATIVE SUPPORT AND SERVICES FOR 

2 FOREIGN LIAISON OFFICERS. 

3 (a) AUTHORITY.—Section 1051a of title 10, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 1051a. Administrative support and services for for6 eign liaison officers 

7 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

8 provide administrative services and support for the per9 formance of duties by any liaison officer of another nation 

10 while the liaison officer is assigned to the headquarters 

11 of combatant command, component command, or subordi12 nate operational command of the United States. 

13 ‘‘(b) TRAVEL, SUBSISTENCE, AND OTHER EX14 PENSES.—The Secretary may pay the travel, subsistence, 

15 and similar personal expenses of a liaison officer of a de16 veloping nation involved in a coalition while the liaison of17 ficer is assigned temporarily to the headquarters of a com18 batant command, component command, or subordinate 

19 operational command of the United States, in connection 

20 with the planning for, or conduct of, a coalition operation, 

21 if the assignment is requested by the commander of the 

22 combatant command. 

23 ‘‘(c) REIMBURSEMENT.—To the extent that the Sec24 retary determines appropriate, the Secretary may provide 

25 the services and support authorized under subsection (a) 

26 and the expenses authorized by subsection (b) with or 
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1 without reimbursement from (or on behalf of) the recipi2 ents. 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘administrative services and sup5 port’ includes base or installation support services, 

6 office space, utilities, copying services, fire and po7 lice protection, and computer support. 

8 ‘‘(2) The term ‘coalition’ means an ad hoc ar9 rangement between or among the United States and 

10 one or more other nations for common action.’’. 

11 SEC. 1205. GEORGE C. MARSHALL EUROPEAN CENTER FOR 

12 SECURITY STUDIES. 

13 Section 1306 (b)(1) of the National Defense Author14 ization Act for Fiscal Year 1995 (Public Law 103–337; 

15 108 Stat. 2892) is amended by striking ‘‘military officers 

16 and civilian officials of cooperation partner states of the 

17 North Atlantic Council or the Partnership for Peace’’ and 

18 inserting ‘‘foreign participants’’. 

19 SEC. 1206. RESTRICTIONS ON PERMANENT TRANSFER OF 

20 SIGNIFICANT MILITARY EQUIPMENT. 

21 (a) IN GENERAL.—Chapter 138 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 
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1 ‘‘§ 2350l. Restrictions on permanent transfer of sig2 nificant military equipment 

3 ‘‘(a) TRANSFER OF SIGNIFICANT MILITARY EQUIP4 MENT.—Lethal and non-lethal military equipment des5 ignated as significant military equipment (SME), may be 

6 permanently transferred, with the concurrence of the Sec7 retary of State, only when the transaction is conducted 

8 as replacement in kind, where the equipment is identical, 

9 and in situations where the recipient country has an exist10 ing inventory for the SME in question. 

11 ‘‘(b) EXPORT AND TRANSFER LAWS.—The authority 

12 to transfer SME in accordance with subsection (a) is sub13 ject to all other applicable laws and regulations pertaining 

14 to export and transfers.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by adding 

17 at the end the following new item:

‘‘2350l. Restrictions on permanent transfer of significant military equipment.’’.

18 SEC. 1207. AMENDMENT TO AUTHORITY FOR ACCEPTANCE 

19 BY ASIA–PACIFIC CENTER FOR SECURITY 

20 STUDIES OF FOREIGN GIFTS AND DONA21 TIONS. 

22 Section 2611 of title 10, United States Code, is 

23 amended—

24 (1) by striking ‘‘foreign’’ from—

25 (A) the title; 
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1 (B) subsection (a) in both places it ap2 pears; 

3 (C) subsection (c); 

4 (D) subsection (f)—

5 (i) in the heading; and 

6 (ii) the first place it appears; and 

7 (E) from the section title in the table of 

8 sections in the beginning of the chapter; 

9 (2) in subsection (a)(1), by adding at the end 

10 the following sentence: ‘‘Such donations may be ac11 cepted from any agency of the Federal Government, 

12 any State or local government, any foreign govern13 ment, any foundation or other charitable organiza14 tion (including any that is organized or operates 

15 under the laws of a foreign country), or any other 

16 private source in the United States or a foreign 

17 country.’’; and 

18 (3) in subsection (f), by striking all after ‘‘serv19 ices’’ and inserting a period. 

20 SEC. 1208. ADDITION OF INDIVIDUALS AUTHORIZED TO RE21 CEIVE CHECK CASHING AND EXCHANGES OF 

22 FOREIGN CURRENCY. 

23 Section 3342(b) of title 31, United States Code, is 

24 amended—
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1 (1) by striking ‘‘or’’ at the end of paragraph 

2 (6); 

3 (2) by striking the period at the end of para4 graph (7) and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(8) a military member of an allied or coalition 

8 nation who is part of a joint operation, joint exer9 cise, humanitarian or peacekeeping mission with the 

10 military forces of the United States, provided that 

11 such accommodation has been approved by the sen12 ior United States military commander assigned to 

13 the joint operation or mission, that the allied or coa14 lition nation has guaranteed payment for any defi15 ciency resulting from such accommodation, and that 

16 accommodations of negotiable instruments are lim17 ited to negotiable instruments drawn on financial in18 stitutions located in the United States or on foreign 

19 branches of such institutions.’’. 

20 SEC. 1209. CONTINUATION OF THE REGIONAL DEFENSE 

21 COUNTERTERRORISM FELLOWSHIP PRO22 GRAM. 

23 The Secretary of Defense may pay for all costs asso24 ciated with the attendance of foreign military officers, 

25 ministry of defense officials, and security officials at 
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1 United States military educational institutions, regional 

2 centers, conferences, seminars, or other training programs 

3 conducted under the Regional Defense Counterterrorism 

4 Fellowship Program, including transportation, travel, and 

5 subsistence costs. 

6 SEC. 1210. LOGISTICS SUPPORT FOR FRIENDLY NATIONS. 

7 Section 2342 of title 10, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(e) Notwithstanding any other provision of law or 

11 regulation, the Secretary of Defense, when in the best in12 terests of the United States and subject to the availability 

13 of appropriations, may provide logistics support, supplies 

14 and services, on a reimbursable or non–reimbursable basis, 

15 without a completed cross-servicing or foreign military 

16 sales agreement, to the following countries participating, 

17 with or on behalf of the United States, in an exercise, a 

18 contingency operation, as defined by section 101 of this 

19 title, or war—

20 ‘‘(1) North Atlantic Treaty Organization bodies 

21 and member countries; 

22 ‘‘(2) Countries permitting stationing of United 

23 States Armed Forces, importation of United States 

24 military equipment and materials and porting of 

25 ships; 
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1 ‘‘(3) Counties holding a defense alliance with 

2 the United States; and 

3 ‘‘(4) Countries hosting military exercises involv4 ing the United States.’’. 

5 Subtitle B—Other Matters 

6 SEC. 1221. REPEAL OF THE AUTHORIZATION FOR THE ES7 TABLISHMENT OF THE CENTER FOR THE 

8 STUDY OF CHINESE MILITARY AFFAIRS. 

9 Section 914 of the National Defense Authorization 

10 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 

11 721), is repealed. 

12 TITLE XIII—HOMELAND 

13 SECURITY

Sec. 1301. Sales of chemical and biological defense articles and services to state 

and local governments.

14 SEC. 1301. SALES OF CHEMICAL AND BIOLOGICAL DEFENSE 

15 ARTICLES AND SERVICES TO STATE AND 

16 LOCAL GOVERNMENTS. 

17 (a) AUTHORITY FOR PROCUREMENT AND SALES.—

18 Chapter 18 of title 10, United States Code, is amended 

19 by adding at the end the following new section: 

20 ‘‘§ 383. Sales of chemical and biological defense arti21 cles and services to State and local gov22 ernments 

23 ‘‘(a) PROCUREMENT THROUGH THE DEPARTMENT

24 OF DEFENSE.—The Secretary of Defense shall establish 
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1 procedures in accordance with this subsection under which 

2 States and units of local government may purchase arti3 cles suitable for chemical and biological defense and oper4 ator training, repair and maintenance, and similar services 

5 in connection with such articles, through the Department 

6 of Defense. 

7 ‘‘(b) SALES FROM INVENTORIES.—The Secretary of 

8 Defense may sell articles suitable for chemical and biologi9 cal defense in Department of Defense inventories to States 

10 and units of local government at a price based upon the 

11 estimated or actual costs incurred by the Department in 

12 providing the articles. 

13 ‘‘(c) PROVISION OF SERVICES.—The Secretary may 

14 provide, within any State or unit of local government, op15 erator training, repair and maintenance, and similar serv16 ices in connection with articles suitable for chemical and 

17 biological defense at a price based upon the estimated or 

18 actual costs incurred by the Department in providing the 

19 services. 

20 ‘‘(d) PAYMENT FOR ARTICLES AND SERVICES.—Pay21 ment for articles and services under this section may be 

22 in advance or on providing the articles or services. 

23 ‘‘(e) REIMBURSEMENT OF ADMINISTRATIVE

24 COSTS.—In the case of any purchase made by a State or 

25 unit of local government under this section, the Secretary 
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1 may require the State or unit of local government to reim2 burse the Department of Defense for administrative costs 

3 to the Department of such purchase. 

4 ‘‘(f) CREDIT OF FUNDS FROM SALES.—Funds re5 ceived by the Department of Defense from sales of articles 

6 under subsection (b) shall be credited to the military de7 partment, Defense Agency, or Department of Defense 

8 Field Activity that sold the articles so as to merge with 

9 and become available for the same purposes and period 

10 as the accounts to which they are credited, and shall be 

11 available until expended only for the acquisition of articles 

12 suitable for chemical and biological defense. 

13 ‘‘(g) CREDIT OF FUNDS FOR SERVICES.—Funds re14 ceived for the provision of services under subsection (c) 

15 shall be credited to the military department, Defense 

16 Agency, or Department of Defense Field Activity that pro17 vided the services and shall be available until expended 

18 only for the provision of such services. 

19 ‘‘(h) DEFINITIONS.—In this section: 

20 ‘‘(1) The terms ‘articles suitable for chemical 

21 and biological defense’ and ‘services’ have the mean22 ing given those terms in regulations as prescribed by 

23 the Secretary of Defense. 

24 ‘‘(2) The term ‘State’ has the meaning given the 

25 term in section 381(d)(1)of this title. 
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1 ‘‘(3) The term ‘unit of local government’ has the 

2 meaning given the term in section 381(d)(2) of this 

3 title.’’. 

4 ‘‘(b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item:

‘‘383. Sales of chemical and biological defense articles and services to State and 

local governments.’’.

7 DIVISION B—MILITARY CON8 STRUCTION AUTHORIZA9 TIONS 

10 SEC. 2001. SHORT TITLE. 

11 This division may be cited as the ‘‘Military Construc12 tion Authorization Act for Fiscal Year 2004’’. 

13 TITLE XXI—ARMY

14 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

15 ACQUISITION PROJECTS. 

16 (a) INSIDE THE UNITED STATES.—Using amounts 

17 appropriated pursuant to the authorization of appropria18 tions in section 2104(a)(1), the Secretary of the Army 

19 may acquire real property and carry out military construc20 tion projects for the installations or locations inside the 

21 United States, and in the amounts, set forth in the fol22 lowing table:

Army: Inside the United States 

State Installation or location Amount 

Alabama .............................. Redstone Arsenal ......................... $5,500,000

Alaska ................................. Fort Wainwright .......................... $138,800,000
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Army: Inside the United States—Continued

State Installation or location Amount 

Georgia ................................ Fort Benning ............................... $30,000,000

Fort Stewart/Hunter Army Air 

Field ......................................... $64,500,000

Hawaii ................................. Helemano Military Reservation ... $1,400,000

Schofield Barracks ....................... $119,400,000

Kansas ................................ Fort Riley ..................................... $40,000,000

Kentucky ............................. Fort Knox .................................... $3,500,000

Louisiana ............................ Fort Polk ..................................... $72,000,000

Maryland ............................. Fort Meade .................................. $9,600,000

New York ............................ Fort Drum ................................... $114,500,000

North Carolina .................... Fort Bragg ................................... $152,000,000

Oklahoma ............................ Fort Sill ....................................... $3,500,000

Texas ................................... Fort Hood .................................... $47,000,000

Virginia ............................... Fort Myer .................................... $9,000,000

Washington ......................... Fort Lewis ................................... $3,900,000

Total ..................................... $814,600,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table:

Army: Outside the United States 

Country Installation or location Amount 

Germany ............................... Area Support Group, Bamberg ...... $17,900,000

Darmstadt ....................................... $7,700,000

Grafenwoehr .................................... $76,000,000

Heidelberg ....................................... $17,000,000

Hohenfels ........................................ $13,200,000

Mannheim ....................................... $4,300,000

Schweinfurt ..................................... $7,500,000

Wuerzburg ...................................... $18,500,000

Italy ...................................... Aviano Air Base .............................. $15,500,000

Livorno ............................................ $22,000,000

Korea .................................... Camp Casey .................................... $86,000,000

Camp Hovey ................................... $29,000,000

Kwajalein Atoll ..................... Kwajalein Atoll ............................... 9,400,000

Total ............................................... $324,000,000 

8 (c) UNSPECIFIED WORLDWIDE.—(1) Using amounts 

9 appropriated pursuant to the authorization of appropria-
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1 tions in section 2104(a)(3) and amounts, not to exceed 

2 $150,000,000 provided under Public Law 107–38, the 

3 Secretary of the Army may acquire personal services and 

4 real property, and may provide for the operation and con5 struction of critical infrastructure and allied systems to 

6 ensure essential governmental functions for the installa7 tion or location, and in the amount, set forth in the fol8 lowing table:

Army: Unspecified Worldwide 

Location Installation Amount 

Worldwide Unspecified ......... Unspecified Worldwide ................... $663,900,000

Total ............................................... $663,900,000

9 (2) Military Construction projects, and those funded 

10 in whole or in part under Public Law 107–38, containing 

11 national security classified information and for the pur12 poses of preventing, responding to, or countering the ef13 fects of terrorist attacks shall comply, to the extent prac14 tical, with applicable Federal, State, and local laws and 

15 other orders regarding regulatory compliance, consulta16 tion, coordination and inspection; provided that in car17 rying out such projects—

18 (A) no such compliance, consultation, coordina19 tion or inspection may expose, endanger, or other20 wise compromise national security; and 

21 (B) any anticipated exception to such compli22 ance, consultation, coordination or inspection shall 
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1 be addressed in project documentation submitted to 

2 Congress under paragraph (3). 

3 (3) Where applicable, project documentation sub4 mitted to the congressional defense committees shall sat5 isfy general provisions of section 1001 of Public Law 107–

6 117 and address any exception to compliance, consulta7 tion, coordination or inspection anticipated by paragraph 

8 (2). 

9 SEC. 2102. FAMILY HOUSING. 

10 (a) CONSTRUCTION AND ACQUISITION.—Using 

11 amounts appropriated pursuant to the authorization of ap12 propriations in section 2104(a)(6)(A), the Secretary of the 

13 Army may construct or acquire family housing units (in14 cluding land acquisition and supporting facilities) at the 

15 installations or locations, for the purposes and in the 

16 amounts, set forth in the following table:

Army: Family Housing 

State or Country Installation or location Purpose Amount 

Alaska ........................... Fort Wainwright ............... 100 Units .... $44,000,000

Arizona ......................... Fort Huachuca .................. 160 Units .... $27,000,000

Kentucky ....................... Fort Knox ......................... 178 Units .... $41,000,000

New Mexico .................. White Sands Missile Range 58 Units ...... $14,600,000

Total: ... $126,600,000

17 (b) PLANNING AND DESIGN.—Using amounts appro18 priated pursuant to the authorization of appropriations in 

19 section 2104(a)(6)(A), the Secretary of the Army may 

20 carry out architectural and engineering services and con21 struction design activities with respect to the construction 
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1 or improvement of family housing units in an amount not 

2 to exceed $34,488,000. 

3 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

4 UNITS. 

5 Subject to section 2825 of title 10, United States 

6 Code, and using amounts appropriated pursuant to the 

7 authorization of appropriations in section 2104(a)(6)(A), 

8 the Secretary of the Army may improve existing military 

9 family housing units in an amount not to exceed 

10 $197,803,000. 

11 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

12 (a) IN GENERAL.—Funds are hereby authorized to 

13 be appropriated for fiscal years beginning after September 

14 30, 2003, for military construction, land acquisition and 

15 military family housing functions of the Department of the 

16 Army in the total amount of $2,935,927,000 as follows: 

17 (1) For military construction projects inside the 

18 United States authorized by section 2101(a), 

19 $721,600,000. 

20 (2) For military construction projects outside 

21 the United States authorized by section 2101(b), 

22 $314,000,000. 

23 (3) For military construction projects at un24 specified worldwide locations authorized by section 

25 2101(c), $178,700,000. 
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1 (4) For unspecified minor construction projects 

2 authorized by section 2805 of title 10, United States 

3 Code, $20,000,000. 

4 (5) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $122,710,000. 

7 (6) For military family housing functions: 

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military 

10 family housing and facilities, $356,891,000. 

11 (B) For support of military family housing 

12 (including the functions described in section 

13 2833 of title 10, United States Code), 

14 $1,043,026,000. 

15 (7) For the construction of phase 3 of a bar16 racks complex, D Street, at Fort Richardson, Alas17 ka, authorized by section 2101(a) of the Military 

18 Construction Authorization Act for Fiscal Year 2002 

19 (division B of Public Law 107–107; 115 Stat. 

20 1281), $33,000,000. 

21 (8) For the construction of phase 2 of a bar22 racks complex, Capron Road, at Schofield Barracks, 

23 Hawaii, authorized by section 2101(a) of the Mili24 tary Construction Authorization Act for Fiscal Year 

25 2002 (division B of Public Law 107–107; 115 Stat. 
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1 1283), as amended by section 2105 of this Act, 

2 $49,000,000. 

3 (9) For the construction of phase 2 of a bar4 racks complex, Range Road, at Fort Campbell, Ken5 tucky, authorized by section 2101(a) of the Bob 

6 Stump National Defense Authorization Act for Fis7 cal Year 2003 (division B of Public Law 107–314; 

8 116 Stat. 2681), $49,000,000. 

9 (10) For the construction of phase 3 of a bar10 racks complex, 17th & B Streets, at Fort Lewis, 

11 Washington, authorized by section 2101(a) of the 

12 Military Construction Authorization Act for Fiscal 

13 Year 2002 (division B of Public Law 107–107; Stat. 

14 1280), $48,000,000.

15 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

16 CERTAIN FISCAL YEAR 2002 PROJECTS. 

17 (a) MODIFICATION.—The table in section 2101(a) of 

18 the Military Construction Authorization Act for Fiscal 

19 Year 2002 (division B of Public Law 107-107; 115 Stat. 

20 1281), is amended in the item relating to Fort Richard21 son, Alaska, by striking ‘‘$115,000,000’’ in the amount 

22 column and inserting ‘‘$117,000,000’’. 

23 (b) CONFORMING AMENDMENT.—Paragraph (2) of 

24 section 2104(b) of such Act (115 Stat. 1284) is amended 

25 by striking ‘‘$52,000,000’’ and inserting ‘‘$54,000,000’’.
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1 TITLE XXII—NAVY 

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2204(a)(1), the Secretary of the Navy may 

7 acquire real property and carry out military construction 

8 projects for the installations or locations inside the United 

9 States, and in the amounts, set forth in the following 

10 table:

Navy: Inside the United States 

State Installation or location Amount 

Arizona .......................... Marine Corps Air Station, Yuma ........... $22,230,000

California ...................... Marine Corps Base, Camp Pendleton .... $73,580,000

Naval Air Station, Lemoore ................... $34,510,000

Marine Corps Air Station, Miramar ...... $4,740,000

Naval Air Station, North Island ............ $49,240,000

Naval Air Warfare Center, China Lake $12,890,000

Naval Air Warfare Center, Point Mugu, 

San Nicholas Island ............................ $6,150,000

Naval Air Facility, San Clemente Island $18,940,000

Naval Postgraduate School, Monterey ... $35,550,000

Naval Station, San Diego ....................... $49,710,000

Marine Air Ground Task Force Training Center, Twentynine Palms ........... $28,390,000

District of Columbia ..... Marine Corps Barracks .......................... $1,550,000

Florida .......................... Naval Air Station, Jacksonville .............. $3,190,000

Naval Air Station, Whiting Field, Milton $4,830,000

Naval Surface Warfare Center, Coastal 

Systems Station, Panama City ........... $9,550,000

Blount Island (Jacksonville) .................. $115,711,000

Georgia .......................... Strategic Weapons Facility Atlantic, 

Kings Bay ........................................... $11,510,000

Hawaii ........................... Fleet and Industrial Supply Center, 

Pearl Harbor ...................................... $32,180,000

Naval Magazine, Lualualei ..................... $6,320,000

Naval Shipyard, Pearl Harbor ............... $7,010,000

Illinois ........................... Naval Training Center, Great Lakes ..... $137,120,000

Maryland ....................... Naval Air Warfare Center, Patuxent 

River ................................................... $24,370,000

Naval Surface Warfare Center, Indian 

Head ................................................... $14,850,000

Mississippi ..................... Naval Air Station, Meridian ................... $4,570,000

New Jersey .................... Naval Air Warfare Center, Lakehurst ... $20,681,000

Naval Weapons Station, Earle ............... $123,720,000

North Carolina .............. Marine Corps Air Station, New River .... $6,240,000

Marine Corps Base, Camp Lejeune ....... $29,450,000

Rhode Island ................. Naval Station, Newport .......................... $16,140,000
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Navy: Inside the United States—Continued

State Installation or location Amount 

Naval Undersea Warfare Center, Newport ..................................................... $10,890,000

Virginia ......................... Henderson Hall, Arlington ..................... $1,970,000

Marine Corps Combat Development 

Command, Quantico ........................... $3,700,000

Naval Amphibious Base, Little Creek .... $3,810,000

Naval Station, Norfolk ........................... $182,240,000

Naval Space Command Center, Dahlgren ..................................................... $20,520,000

Norfolk Naval Shipyard, Portsmouth .... $17,770,000

Washington ................... Naval Magazine, Indian Island .............. $2,240,000

Naval Submarine Base, Bangor ............. $33,820,000

Strategic Weapons Facility Pacific, Bangor ....................................................... $6,530,000

Various Locations ......... Various Locations, CONUS ................... $56,360,000

Total ............................................... $1,244,772,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table:

Navy: Outside the United States 

Country Installation or location Amount 

Bahrain .......................... Naval Support Activity, Bahrain ............ $18,030,000

Italy ................................ Naval Support Activity, La Maddalena .. $39,020,000

Naval Air Station, Sigonella ................... $34,070,000

United Kingdom ............. Joint Maritime Facility, St. Mawgan ...... $7,070,000

Total ................................................ $98,190,000

8 SEC. 2202. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2204(a)(6)(A), the Secretary of the 

12 Navy may construct or acquire family housing units (in13 cluding land acquisition and supporting facilities) at the 
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1 installations or locations, for the purposes and in the 

2 amounts, set forth in the following table:

Navy: Family Housing 

State or Country Installation or location Purpose Amount 

California ...................... Naval Air Station, 

Lemoore ......................... 187 Units .... $41,585,000

Florida .......................... Naval Air Station, Pensacola ................................ 25 Units ...... $4,447,000

North Carolina ............. Marine Corps Base, Camp 

Lejeune .......................... 519 Units .... $68,531,000

Marine Corps Air Station, 

Cherry Point .................. 339 Units .... 42,803,000

Total .... $157,366,000

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriation in 

5 section 2204(a)(5)(A), the Secretary of the Navy may 

6 carry out architectural and engineering services and con7 struction design activities with respect to the construction 

8 or improvement of military family housing units in an 

9 amount not to exceed $8,381,000. 

10 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

11 UNITS. 

12 Subject to section 2825 of title 10, United States 

13 Code, and using amounts appropriated pursuant to the 

14 authorization of appropriations in section 2204(a)(5)(A), 

15 the Secretary of the Navy may improve existing military 

16 family housing units in an amount not to exceed 

17 $20,446,000. 

18 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal years beginning after September 30, 2003, for mili-
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1 tary construction, land acquisition and military family 

2 housing functions of the Department of the Navy in the 

3 total amount of $2,169,829,000 as follows: 

4 (1) For military construction projects inside the 

5 United States authorized by section 2201(a), 

6 $909,992,000. 

7 (2) For military construction projects outside 

8 the United States authorized by section 2201(b), 

9 $98,190,000. 

10 (3) For unspecified minor construction projects 

11 authorized by section 2805 of title 10, United States 

12 Code, $12,334,000. 

13 (4) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $65,612,000. 

16 (5) For military family housing functions: 

17 (A) For construction and acquisition, plan18 ning and design and improvement of military 

19 family housing and facilities, $184,193,000. 

20 (B) For support of military family housing 

21 (including functions described in section 2833 

22 of title 10, United States Code), $852,778,000. 

23 (6) For construction of a shipboard ashore 

24 BEQ at Naval Shipyard Norfolk, Virginia, author25 ized in section 2201(a) of the Military Construction 
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1 Authorization Act for Fiscal Year 2003 (division B 

2 of Public Law 107–314; 116 Stat. 2687), 

3 $46,730,000.

4 TITLE XXIII—AIR FORCE

5 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

6 LAND ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2304(a)(1), the Secretary of the Air Force 

10 may acquire real property and carry out military construc11 tion projects for the installations or locations inside the 

12 United States, and in the amounts, set forth in the fol13 lowing table:

Air Force: Inside the United States 

State Installation or location Amount 

Alabama ................................ Maxwell Air Force Base ................... $13,400,000

Alaska ................................... Eielson Air Force Base .................... $33,261,000

Elmendorf Air Force Base ............... $2,000,000

Arizona .................................. Davis-Monthan Air Force Base ........ $10,062,000

Arkansas ............................... Little Rock Air Force Base .............. $3,695,000

California .............................. Beale Air Force Base ....................... $22,750,000

Edwards Air Force Base .................. $19,444,000

Colorado ................................ Buckley Air Force Base ................... $7,019,000

District of Columbia ............. Bolling Air Force Base ..................... $9,300,000

Florida .................................. Hurlburt Field .................................. $7,800,000

Tyndall Air Force Base .................... $6,320,000

Georgia .................................. Robins Air Force Base ..................... $29,264,000

Hawaii ................................... Hickam Air Force Base ................... $73,296,000

Idaho ..................................... Mountain Home Air Force Base ...... $5,445,000

Illinois ................................... Scott Air Force Base ........................ $1,900,000

New Jersey ............................ McGuire Air Force Base .................. $11,861,000

New Mexico ........................... Tularosa ............................................ $3,600,000

Kirtland Air Force Base .................. $7,097,000

North Carolina ...................... Pope Air Force Base ........................ $24,499,000

Seymour Johnson Air Force Base ... $11,222,000

North Dakota ........................ Minot Air Force Base ....................... $3,190,000

Ohio ....................................... Wright-Patterson Air Force Base .... $10,500,000

Oklahoma .............................. Altus Air Force Base ....................... $1,167,000

Tinker Air Force Base ..................... $19,444,000

South Carolina ...................... Charleston Air Force Base ............... $9,042,000

Texas ..................................... Goodfellow Air Force Base ............... $20,335,000

Lackland Air Force Base ................. $57,360,000

Sheppard Air Force Base ................. $29,167,000

Utah ...................................... Hill Air Force Base .......................... $15,848,000
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Air Force: Inside the United States—Continued

State Installation or location Amount 

Virginia ................................. Langley Air Force Base ................... $25,474,000

Total ................................................. $494,762,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table:

Air Force: Outside the United States 

Country Installation or location Amount 

Germany ................................ Ramstein Air Base ........................... $35,616,000

Spangdahlem Air Base ..................... $25,328,000

Italy ....................................... Aviano Air Base ............................... $14,025,000

Korea ..................................... Kunsan Air Base .............................. $7,059,000

Osan Air Base .................................. $16,638,000

Portugal ................................ Lajes Field, Azores ........................... $4,086,000

Turkey ................................... Incirlik Air Base ............................... $3,262,000

United Kingdom .................... Royal Air Force, Lakenheath ........... $30,587,000

Royal Air Force, Mildenhall ............. $10,558,000

Wake Island .......................... Wake Island ...................................... $24,000,000

Total ......................................... $171,159,000

8 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap9 propriated pursuant to the authorization of appropriations 

10 in section 2304(a)(3), the Secretary of the Air Force may 

11 acquire real property and carry out military construction 

12 projects for the installation or location, and in the amount, 

13 set forth in the following table:

Air Force: Unspecified Worldwide 

Location Installation or location Amount 

Unspecified Worldwide .......... Classified Location ........................... $29,501,000
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Air Force: Unspecified Worldwide—Continued

Location Installation or location Amount 

Total ......................................... $29,501,000

1 SEC. 2302. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(6)(A), the Secretary of the 

5 Air Force may construct or acquire family housing units 

6 (including land acquisition and supporting facilities) at the 

7 installations or locations, for the purposes and in the 

8 amounts, set forth in the following table:

Air Force: Family Housing 

State or Country Installation or location Purpose Amount 

Arizona ......................... Davis-Monthan Air Force 

Base ............................... 93 Units ...... $19,357,000

California ...................... Travis Air Force Base ...... 56 Units ...... $12,723,000

Delaware ....................... Dover Air Force Base ....... 112 Units .... $19,601,000

Florida .......................... Eglin Air Force Base ........ 279 Units .... $32,166,000

Idaho ............................. Mountain Home Air Force 

Base ............................... 186 Units .... $37,126,000

Maryland ...................... Andrews Air Force Base ... 50 Units ...... $20,233,000

Missouri ........................ Whiteman Air Force Base 100 Units .... $18,221,000

Montana ........................ Malmstrom Air Force Base 94 Units ...... $19,368,000

North Carolina ............. Seymour Johnson Air 

Force Base .................... 138 Units .... $18,336,000

North Dakota ............... Grand Forks Air Force 

Base ............................... 144 Units .... $29,550,000

Minot Air Force Base ....... 200 Units .... $41,117,000

South Dakota ............... Ellsworth Air Force Base 75 Units ...... $16,240,000

Texas ............................ Dyess Air Force Base ....... 116 Units .... $19,973,000

Randolph Air Force Base 96 Units ...... $13,754,000

Korea ............................ Osan Air Base ................... 111 Units .... $44,765,000

Portugal ........................ Lajes Field, Azores ........... 42 Units ...... $13,428,000

Turkey .......................... Incirlik Air Base ............... 100 Units .... $17,538,000

United Kingdom ........... Royal Air Force, 

Lakenheath .................... 89 Units ...... $23,640,000

Total .... $417,136,000 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2304(a)(6)(A), the Secretary of the Air Force may 
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1 carry out architectural and engineering services and con2 struction design activities with respect to the construction 

3 or improvement of military family housing units in an 

4 amount not to exceed $33,488,000. 

5 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

6 UNITS. 

7 Subject to section 2825 of title 10, United States 

8 Code, and using amounts appropriated pursuant to the 

9 authorization of appropriations in section 2304(a)(6)(A), 

10 the Secretary of the Air Force may improve existing mili11 tary family housing units in an amount not to exceed 

12 $248,998,000. 

13 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

14 FORCE. 

15 (a) IN GENERAL.—Funds are hereby authorized to 

16 be appropriated for fiscal years beginning after September 

17 30, 2003, for military construction, land acquisition and 

18 military family housing functions of the Department of the 

19 Air Force in the total amount of $2,302,857,000 as fol20 lows: 

21 (1) For military construction projects inside the 

22 United States authorized by section 2301(a), 

23 $486,282,000. 
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1 (2) For military construction projects outside 

2 the United States authorized by section 2301(b), 

3 $171,159,000. 

4 (3) For the military construction projects at 

5 unspecified worldwide locations authorized by section 

6 2301(c), $28,981,000. 

7 (4) For unspecified minor construction projects 

8 authorized by section 2805 of title 10, United States 

9 Code, $12,000,000. 

10 (5) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $74,345,000. 

13 (6) For military housing functions: 

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military 

16 family housing and facilities, $695,622,000. 

17 (B) For support of military family housing 

18 (including functions described in section 2833 

19 of title 10, United States Code), $834,468,000.

20 TITLE XXIV—DEFENSE 

21 AGENCIES 

22 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC23 TION AND LAND ACQUISITION PROJECTS. 

24 (a) INSIDE THE UNITED STATES.—Using amounts 

25 appropriated pursuant to the authorization of appropria-
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1 tions in section 2405(a)(1), the Secretary of Defense may 

2 acquire real property and carry out military construction 

3 projects for the installations and locations inside the 

4 United States, and in the amounts, set forth in the fol5 lowing table:

Defense Agencies: Inside the United States 

Agency Installation or location Amount 

Defense Education Activity .. Marine Corps Base, Camp Lejeune, 

North Carolina .............................. $15,259,000

Defense Logistics Agency ..... Defense Distribution Depot, New 

Cumberland, Pennsylvania ........... $27,700,000

Eglin Air Force Base, Florida ......... $4,800,000

Eielson Air Force Base, Alaska ....... $17,000,000

Hickam Air Force Base, Hawaii ...... $14,100,000

Hurlburt Field, Florida .................... $4,100,000

Langley Air Force Base, Virginia .... $13,000,000

Laughlin Air Force Base, Texas ...... $4,688,000

McChord Air Force Base, Washington ............................................ $8,100,000

Nellis Air Force Base, Nevada ......... $12,800,000

Offutt Air Force Base, Nebraska ..... $13,400,000

National Security Agency ..... Fort Meade, Maryland ..................... $1,842,000

Special Operations Command Dam Neck, Virginia ......................... $15,281,000

Fort Benning, Georgia ..................... $2,100,000

Fort Bragg, North Carolina ............. $36,300,000

Fort Campbell, Kentucky ................. $7,800,000

Harrisburg International Airport, 

Pennsylvania ................................. $3,000,000

Hurlburt Field, Florida .................... $6,000,000

Tri-Care Management Activity ...................................... Naval Station, Anacostia, District of 

Columbia ....................................... $15,714,000

Naval Submarine Base, New London, Connecticut ........................... $6,700,000

United States Air Force Academy, 

Colorado ........................................ $22,100,000

Walter Reed Medical Center, District of Columbia .......................... $9,000,000

Washington Headquarters 

Services ............................. Arlington, Virginia ........................... $38,086,000

Total ......................................... $298,870,000

6 (b) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2405(a)(2), the Secretary of Defense may 

9 acquire real property and carry out military construction 

10 projects for the installations and locations outside the 
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1 United States, and in the amounts, set forth in the fol2 lowing table:

Defense Agencies: Outside the United States 

Agency Installation or location Amount 

Defense Education Agency ... Grafenwoehr, Germany ..................... $36,247,000

............................................... Heidelberg, Germany ........................ $3,086,000

............................................... Sigonella, Italy .................................. $30,234,000

............................................... Vicenza, Italy .................................... $16,374,000

............................................... Vilseck, Germany .............................. $1,773,000

Special Operations Command Stuttgart, Germany .......................... $11,400,000

Tri-Care Management Activity ...................................... Andersen Air Force Base, Guam ..... $26,000,000

............................................... Grafenwoehr, Germany ..................... $12,585,000

.

Total ......................................... $137,699,000

3 SEC. 2402. FAMILY HOUSING. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2405(a)(8)(A), the 

6 Secretary of Defense may carry out architectural and en7 gineering services and construction design activities with 

8 respect to the construction or improvement of military 

9 family housing units in an amount not to exceed 

10 $300,000. 

11 SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

12 UNITS. 

13 Subject to section 2825 of title 10, United States 

14 Code, and using amounts appropriated pursuant to the 

15 authorization of appropriations in section 2404(a)(5)(A), 

16 the Secretary of Defense may improve existing military 

17 family housing units in an amount not to exceed $50,000. 
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1 SEC. 2404. ENERGY CONSERVATION PROJECTS. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2405(a)(6), the Sec4 retary of Defense may carry out energy conservation 

5 projects under section 2865 of title 10, United States 

6 Code, in the amount of $69,500,000. 

7 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE8 FENSE AGENCIES. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2003, for mili11 tary construction, land acquisition, and military family 

12 housing functions of the Department of Defense (other 

13 than the military departments) in the total amount of 

14 $1,017,718,000, as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2401(a), 

17 $296,670,000. 

18 (2) For military construction projects outside 

19 the United States authorized by section 2401(b), 

20 $120,334,000. 

21 (3) For unspecified minor construction projects 

22 under section 2805 of title 10, United States Code, 

23 $16,153,000. 

24 (4) For contingency construction projects of the 

25 Secretary of Defense under section 2804 of title 10, 

26 United States Code, $8,960,000. 
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1 (5) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $59,884,000. 

4 (6) For Energy Conservation projects author5 ized by section 2404 of this Act, $69,500,000. 

6 (7) For base closure and realignment activities 

7 as authorized by the Defense Base Closure and Re8 alignment Act of 1990 (part A of title XXIX of 

9 Public Law 101–510; 10 U.S.C. 2687 note), 

10 $370,427,000. 

11 (8) For military family housing functions: 

12 (A) For planning and design and improve13 ment of military family housing and facilities, 

14 $350,000. 

15 (B) For support of military family housing 

16 (including functions described in section 2833 

17 of title 10, United States Code), $49,440,000. 

18 (C) For credit to the Department of De19 fense Family Housing Improvement Fund es20 tablished by section 2883(a)(1) of title 10, 

21 United States Code, $300,000. 

22 (9) For construction of the Defense Threat Re23 duction Center at Fort Belvoir, Virginia, authorized 

24 by section 2401(a) of the Military Construction Au-
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1 thorization Act for Fiscal Year 2003 (division B of 

2 Public Law 107–314; 116 Stat. 2695), $25,700,000.

3 TITLE XXV—NORTH ATLANTIC 

4 TREATY ORGANIZATION SE5 CURITY INVESTMENT PRO6 GRAM

7 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 The Secretary of Defense may make contributions for 

10 the North Atlantic Treaty Organization Security Invest11 ment Program as provided in section 2806 of title 10, 

12 United States Code, in an amount not to exceed the sum 

13 of the amount authorized to be appropriated for this pur14 pose in section 2502 and the amount collected from the 

15 North Atlantic Treaty Organization as a result of con16 struction previously financed by the United States. 

17 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2003, for con20 tributions by the Secretary of Defense under section 2806 

21 of title 10, United States Code, for the share of the United 

22 States of the cost of projects for the North Atlantic Treaty 

23 Organization Security Investment Program authorized by 

24 section 2501, in the amount of $169,300,000.
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1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2003, for the 

7 costs of acquisition, architectural and engineering services, 

8 and construction of facilities for the Guard and Reserve 

9 Forces, and for contributions therefor, under chapter 

10 1803 of title 10, United States Code (including the cost 

11 of acquisition of land for those facilities), the following 

12 amounts: 

13 (1) For the Department of the Army—

14 (A) for the Army National Guard of the 

15 United States, $168,298,000; and 

16 (B) for the Army Reserve, $68,478,000. 

17 (2) For the Department of the Navy, for the 

18 Naval and Marine Corps Reserve, $28,032,000. 

19 (3) For the Department of the Air Force—

20 (A) for the Air National Guard of the 

21 United States, $60,430,000; and 

22 (B) for the Air Force Reserve, 

23 $44,312,000.
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1 TITLE XXVII—EXPIRATION AND 

2 EXTENSION OF AUTHORIZA3 TIONS 

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND 

5 AMOUNTS REQUIRED TO BE SPECIFIED BY 

6 LAW. 

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military 

10 construction projects, land acquisition, family housing 

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment Program 

13 (and authorizations of appropriations therefor) shall ex14 pire on the later of—

15 (1) October 1, 2006; or 

16 (2) the date of the enactment of an Act author17 izing funds for military construction for fiscal year 

18 2007. 

19 (b) EXCEPTION.—Subsection (a) shall not apply to 

20 authorizations for military construction projects, land ac21 quisition, family housing projects, and facilities, and con22 tributions to the North Atlantic Treaty Organization Se23 curity Investment Program (and authorizations of appro24 priations therefor) for which appropriated funds have been 

25 obligated before the later of—
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1 (1) October 1, 2006; or 

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2007 for military con4 struction projects, land acquisition, family housing 

5 projects and facilities, and contributions to the 

6 North Atlantic Treaty Organization Security Invest7 ment Program. 

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

9 FISCAL YEAR 2001 PROJECTS. 

10 (a) EXTENSION.—Notwithstanding section 2701 of 

11 the Military Construction Authorization Act for Fiscal 

12 Year 2001 (division B of Public Law 106–398; 114 Stat. 

13 1654A–389), authorizations set forth in the tables in sub14 section (b), as provided in sections 2102, 2201, and 2404 

15 of that Act, shall remain in effect until October 1, 2004, 

16 or the date of the enactment of an Act authorizing funds 

17 for military construction for fiscal year 2005, whichever 

18 is later. 

19 (b) TABLES.—The tables referred to in subsection (a) 

20 are as follows:

Army: Extension of 2001 Project Authorization 

State Installation or location Project Amount 

South Carolina ............. Fort Jackson ............... New Construction—GFOQ $250,000
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Navy: Extension of 2001 Project Authorization 

State Installation or location Project Amount 

Pennsylvania ................. Naval Surface Warfare 

Center Shipyard Systems Engineering 

Station, Philadelphia Gas Turbine 

Test Facility $10,680,000

Defense Agencies: Extension of 2001 Project Authorizations 

State Installation or location Project Amount 

Defense Education Activity ......................... Seoul, Korea ................ Elementary 

School Full 

Day Kindergarten Classroom Addition .............. $2,317,000

Taegu, Korea .............. Elementary/

High School 

Full Day 

Kindergarten 

Classroom 

Addition ....... $762,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2000 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2000 (division B of Public Law 106–65; 113 Stat. 

6 841), authorizations set forth in the tables in subsection 

7 (b), as provided in section 2601 of that Act, shall remain 

8 in effect until October 1, 2004, or the date of the enact9 ment of an Act authorizing funds for military construction 

10 for fiscal year 2005, whichever is later. 

11 (b) TABLE.—The tables referred to in subsection (a) 

12 are as follows:
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Air Force: Extension of 2000 Project Authorization 

State Installation or location Project Amount 

Oklahoma ..................... Tinker Air Force Base Replace Family 

Housing (41 

Units) .......... $6,000,000

Army: Extension of 2000 Project Authorization 

State Installation or location Project Amount 

Virginia ......................... National Guard Ft. 

Pickett ..................... Multi-purpose 

Range-Heavy $13,500,000

1 SEC. 2704. EFFECTIVE DATE. 

2 Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, and 

3 XXVII shall take effect on the later of—

4 (1) October 1, 2003; or 

5 (2) the date of the enactment of this Act. 

6 TITLE XXVIII—GENERAL 

7 PROVISIONS 

8 Subtitle A—Military Construction 

9 and Military Family Housing 

10 SEC. 2801. STREAMLINING MILITARY CONSTRUCTION TO 

11 REDUCE FACILITY ACQUISITION AND CON12 STRUCTION CYCLE TIME. 

13 (a) THRESHOLDS.—(1) Section 2803(c)(1) of title 

14 10, United States Code, is amended by striking 

15 ‘‘$30,000,000’’ and inserting ‘‘$60,000,000’’. 

16 (2) Section 2805 of such title is amended—

17 (A) in subsection (a)(1)—
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1 (i) by striking ‘‘$1,500,000’’ and inserting 

2 ‘‘$3,000,000’’; and 

3 (ii) by striking ‘‘$3,000,000’’ and inserting 

4 ‘‘$6,000,000’’. 

5 (B) in subsection (b)(1) by striking ‘‘$750,000’’ 

6 and inserting ‘‘$1,500,000’’; and 

7 (C) in subsection (c)(1)—

8 (i) by striking ‘‘$1,500,000’’ in subpara9 graph (A) and inserting ‘‘$3,000,000’’; and 

10 (ii) by striking ‘‘$750,000’’ in subpara11 graph (B) and inserting ‘‘$1,500,000’’. 

12 (3) Section 2811(b) of such title is amended by strik13 ing ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

14 (4) Section 18233a of such title is amended by strik15 ing ‘‘$1,500,000 in subsection (a)(1) and inserting 

16 ‘‘$3,000,000’’. 

17 (b) PROJECT APPLICABILITY.—Section 2805(b)(1) of 

18 such title is amended by inserting at the end ‘‘This para19 graph shall not apply to unspecified minor military con20 struction projects using funds made available for oper21 ation and maintenance in accordance with subsection (c).’’ 

22 (c) DESIGN-BUILD CONTRACTING.—(1) Section 

23 2305a(c)(5) of such title is amended—

24 (A) by inserting ‘‘(A)’’ after ‘‘(5)’’; and 
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1 (B) by adding at the end the following new sub2 paragraph: 

3 ‘‘(B) Notwithstanding any other provision of law, a 

4 military department may accelerate design effort for de5 sign-build contracts (fast-track design funding) to accom6 plish the design effort for any military construction or 

7 family housing construction project, prior to the project 

8 being authorized and appropriated, if (1) the contractor 

9 to whom the contract will be awarded has been selected 

10 using design-build selection procedures established under 

11 this section, (2) a request for the authorization and appro12 priation of construction funds has been submitted to Con13 gress as part of the Department’s annual budget, and (3) 

14 the Government’s liability in a Termination for Conven15 ience would not exceed costs above that attributable to the 

16 final design of the project.’’. 

17 (2) Section 2807(a) of such title is amended by strik18 ing ‘‘in connection with military construction projects not 

19 otherwise authorized by law’’ at the end of the first sen20 tence and inserting ‘‘regardless of the intended acquisition 

21 approach, in connection with a military construction 

22 project otherwise, or not otherwise, authorized by law’’. 

23 (d) COST VARIATIONS.—Section 2853(a) of such title 

24 is amended by striking ‘‘or 200 percent of the minor con-
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1 struction project ceiling specified in section 2805(a)(1), 

2 whichever is less’’. 

3 (e) REAL PROPERTY TRANSACTIONS.—(1) Section 

4 2662 is repealed. 

5 (2) Section 2672 of such title is amended—

6 (A) in the title, by striking ‘‘$500,000’’ and in7 serting ‘‘the unspecified minor military construction 

8 project ceiling in section 2805(a)(1) of this title’’; 

9 and 

10 (B) in subsection (a)(1)(B), by striking 

11 ‘‘$500,000’’ and inserting ‘‘the unspecified minor 

12 military construction project ceiling in section 

13 2805(a)(1) of this title’’; and 

14 (C) in subsection (a)(2), by striking 

15 ‘‘$500,000’’ and inserting ‘‘the unspecified minor 

16 military construction project ceiling in section 

17 2805(a)(1) of this title’’. 

18 (3) Section 2672a(b) of such title is amended by 

19 striking the last sentence. 

20 SEC. 2802. INCREASED TERMS FOR LEASES OF FAMILY 

21 HOUSING AND OTHER FACILITIES IN FOR22 EIGN COUNTRIES. 

23 (a) LEASES OF FAMILY HOUSING IN FOREIGN COUN24 TRIES.—Section 2828(d)(1) of title 10, United States 
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1 Code, is amended by striking ‘‘ten years’’ and inserting 

2 ‘‘fifteen years’’. 

3 (b) LEASES OF OTHER FACILITIES IN FOREIGN

4 COUNTRIES.—Section 2675 of such title is amended by 

5 striking ‘‘five years’’ and inserting ‘‘fifteen years’’. 

6 Subtitle B—Real Property and 

7 Facilities Administration 

8 SEC. 2811. EXPANDED AUTHORITY TO TRANSFER PROP9 ERTY AT MILITARY INSTALLATIONS TO BE 

10 CLOSED TO PERSONS WHO CONSTRUCT OR 

11 PROVIDE MILITARY HOUSING. 

12 (a) 1988 LAW.—Section 204(e) of the Defense Au13 thorization Amendments and Base Closure and Realign14 ment Act (Public Law 100–526; 10 U.S.C. 2687 note) is 

15 amended by striking ‘‘FAMILY’’ in the subsection heading. 

16 (b) 1990 LAW.—Section 2905(f) of the Defense Base 

17 Closure and Realignment Act of 1990 (part A of title 

18 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is 

19 amended by striking ‘‘FAMILY’’ in the subsection heading. 

20 SEC. 2812. ACCEPTANCE OF IN-KIND CONSIDERATION FOR 

21 EASEMENTS. 

22 (a) EASEMENTS FOR RIGHTS-OF-WAY.—Section 

23 2668 of title 10, United States Code, is amended by add24 ing at the end the following new subsections: 
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1 ‘‘(f) In addition to any cash consideration accepted 

2 under subsection (e), the Secretary concerned may accept 

3 in-kind consideration with respect to easements granted 

4 under this section, including the following: 

5 ‘‘(1) Maintenance, protection, alteration, repair, 

6 improvement, or restoration (including environ7 mental restoration) of property or facilities under 

8 the control of the Secretary concerned. 

9 ‘‘(2) Construction of new facilities. 

10 ‘‘(3) Provision of facilities for use by the mili11 tary departments. 

12 ‘‘(4) Facilities operation support. 

13 ‘‘(5) Provision of such other services relating to 

14 activities that will occur on the property subject to 

15 the easement, as the Secretary concerned considers 

16 appropriate. 

17 ‘‘(g) The Secretary concerned may accept in-kind 

18 consideration under subsection (f) at any property or fa19 cilities under his or her control that he or she selects for 

20 that purpose. 

21 ‘‘(h) Sections 2662 and 2802 of this title shall not 

22 apply to construction of any new facilities accepted as in23 kind consideration under this subsection.’’. 

24 (b) EASEMENTS FOR RIGHTS-OF-WAY: GAS, WATER, 

25 AND SEWER PIPELINES.—Section 2669 of such title is 
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1 amended by adding at the end the following new sub2 sections: 

3 ‘‘(f) In addition to any cash consideration accepted 

4 under subsection (e), the Secretary concerned may accept 

5 in-kind consideration with respect to easements granted 

6 under this section, including the following: 

7 ‘‘(1) Maintenance, protection, alteration, repair, 

8 improvement, or restoration (including environ9 mental restoration) of property or facilities under 

10 the control of the Secretary concerned. 

11 ‘‘(2) Construction of new facilities. 

12 ‘‘(3) Provision of facilities for use by the mili13 tary departments. 

14 ‘‘(4) Facilities operation support. 

15 ‘‘(5) Provision of such other services relating to 

16 activities that will occur on the property subject to 

17 the easement, as the Secretary concerned considers 

18 appropriate. 

19 ‘‘(g) The Secretary concerned may accept in-kind 

20 consideration under subsection (f) any property or facili21 ties under his or her control that he or she selects for 

22 that purpose. 

23 ‘‘(h) Sections 2662 and 2802 of this title shall not 

24 apply to construction of any new facilities accepted as in25 kind consideration under this subsection.’’. 
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1 SEC. 2813. MODIFICATION OF AUTHORITY TO ACCEPT 

2 FUNDS TO COVER ADMINISTRATIVE EX3 PENSES RELATING TO CERTAIN REAL PROP4 ERTY TRANSACTIONS. 

5 Section 2695 of title 10, United States Code, is 

6 amended—

7 (1) by amending subsection (a) to read as fol8 lows: 

9 ‘‘(a) AUTHORITY TO ACCEPT.—In connection with a 

10 real property transaction referred to in subsection (b) with 

11 a non-Federal person or entity, the Secretary of a military 

12 department may charge the person or entity, either in ad13 vance or arrears, amounts to cover administrative ex14 penses incurred by the Secretary in reviewing and imple15 menting the covered transaction.’’; 

16 (2) in subsection (b), by inserting ‘‘whether or 

17 not the transaction is completed’’ before the colon; 

18 and 

19 (3) in subsection (c)—

20 (A) by inserting ‘‘or are to be’’ after ‘‘ex21 penses were’’; and 

22 (B) by adding at the end the following new 

23 sentence: ‘‘After liquidation of all subsection (a) 

24 administrative expenses, the amount of any 

25 overpayment shall be refunded to the non-Fed26 eral person or entity from the appropriation, 
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1 fund, or account into which the funds were 

2 originally deposited in such a way as to merge 

3 with and become available for the same pur4 poses and period as the accounts to which they 

5 are credited.’’. 

6 SEC. 2814. AUTHORITY TO CONVEY PROPERTY AT MILITARY 

7 INSTALLATIONS TO PERSONS WHO CON8 STRUCT OR PROVIDE MILITARY HOUSING. 

9 (a) AUTHORITY TO CONVEY PROPERTY.—Sub10 chapter III of chapter 169 of title 10, United States Code, 

11 is amended by adding at the end the following new section: 

12 ‘‘§ 2869. Conveyance of property to persons who con13 struct or provide military housing 

14 ‘‘(a) AUTHORITY TO CONVEY PROPERTY.—Subject 

15 to subsection (b), the Secretary concerned may enter into 

16 an agreement to convey real property, including any im17 provements, structures or fixtures located thereon, on a 

18 military installation to any person who agrees, in exchange 

19 for the real property, to transfer to the Secretary housing 

20 that is constructed or provided by the person and located 

21 at or near a military installation at which there is a short22 age of suitable housing to meet the requirements of mem23 bers of the Armed Forces and their dependents. 
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1 ‘‘(b) REQUIREMENTS FOR CONVEYANCE.—A convey2 ance of real property may be made under subsection (a) 

3 only if—

4 ‘‘(1) the Secretary determines that the real 

5 property to be conveyed is in excess of the needs of 

6 the military installation; 

7 ‘‘(2) the fair market value of the housing to be 

8 received by the Secretary in exchange for the real 

9 property to be conveyed is equal to or greater than 

10 the fair market value of such property, including any 

11 improvements, structures or fixtures located thereon, 

12 as determined by the Secretary; and 

13 ‘‘(3) in the event the fair market value of the 

14 housing is less than the fair market value of the real 

15 property to be conveyed, including any improve16 ments, structures or fixtures located thereon, the re17 cipient of the real property agrees to pay to the Sec18 retary the amount equal to the excess of the fair 

19 market value of such real property over the fair 

20 market value of the housing. 

21 ‘‘(c) DEPOSIT OF FUNDS.—Notwithstanding any 

22 other provision of law, the Secretary may deposit funds 

23 received under subsection (b)(3) in the Department of De24 fense Housing Improvement Fund established under sec-
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1 tion 2883(a) of this title to be merged with and used for 

2 the same purpose as funds already in the account. 

3 ‘‘(d) EXEMPTIONS.—The conveyance of real property 

4 under this section shall not be subject to the following: 

5 ‘‘(1) Section 501 of the Stewart B. McKinney 

6 Homeless Assistance Act (42 U.S.C. 11411). 

7 ‘‘(2) Section 2693 of this title. 

8 ‘‘(e) ADDITIONAL TERMS.—The Secretary may re9 quire any additional terms and conditions in connection 

10 with an agreement authorized by this section as the Sec11 retary considers appropriate to protect the interests of the 

12 United States. 

13 ‘‘(f) DEFINITION.—In this section, the term ‘housing’ 

14 means both military family housing and military unaccom15 panied housing.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of such subchapter is amended by adding 

18 at the end the following new item:

‘‘2869. Conveyance of property to persons who construct or provide military 

housing.’’.

19 (c) CONFORMING AMENDMENT.—Section 2883(c)(1) 

20 of such title is amended by adding at the end the following 

21 new subparagraph: 

22 ‘‘(F) Any amounts that the Secretary concerned 

23 transfers to that Fund pursuant to section 2869 of 

24 this title.’’. 
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1 SEC. 2815. INCREASE IN THRESHOLD FOR REPORTS TO 

2 CONGRESSIONAL COMMITTEES ON REAL 

3 PROPERTY TRANSACTIONS. 

4 Section 2662 of title 10, United States Code, is 

5 amended by striking ‘‘$500,000’’ each place it appears 

6 and inserting ‘‘the unspecified minor military construction 

7 project limit under section 2805(c)(1)(B) of this title’’. 

8 SEC. 2816. CONTRACTING WITH LOCAL GOVERNMENTS FOR 

9 MUNICIPAL SERVICES. 

10 (a) AUTHORITY.—Chapter 146 of title 10, United 

11 States Code, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘§ 2476. Contracting with local governments for mu14 nicipal services 

15 ‘‘Subject to the provisions of this chapter, but not16 withstanding any other provision of law related to the 

17 award of public contracts, the Secretary of Defense or the 

18 Secretary of a military department may enter directly into 

19 a contract or other agreement for public works, utility and 

20 other municipal services at an installation or facility of 

21 the Department of Defense, with the municipality or local 

22 government responsible for serving the area that includes 

23 that installation or facility. The Secretary concerned may 

24 enter into such a contract or agreement, even if the mu25 nicipality or local government to which the Secretary 
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1 makes award is required by law to provide those services 

2 to the public without direct charge.’’. 

3 (b) CONFORMING AMENDMENT.—Section 816 of the 

4 National Defense Authorization Act for Fiscal Year 1995 

5 (Public Law 103–337; 108 Stat. 2820) is repealed. 

6 (c) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of such chapter is amended by adding 

8 at the end the following new item:

‘‘2476. Contracting with local governments for municipal services.’’.

9 Subtitle C—Other Matters 

10 SEC. 2821. INCREASE AUTHORITY TO LEASE MILITARY FAM11 ILY HOUSING IN ITALY. 

12 Section 2828(e)(2) of title 10, United States Code, 

13 is amended by striking ‘‘2,000’’ and inserting ‘‘2,800’’. 

14 SEC. 2822. CONVEYANCE OF ARMY AND AIR FORCE EX15 CHANGE SERVICE PROPERTY, DALLAS, 

16 TEXAS. 

17 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

18 Defense may authorize the Army and Air Force Exchange 

19 Service, which is a nonappropriated fund instrumentality 

20 of the United States, to sell all right, title, and interest 

21 of the United States in and to a parcel of real property, 

22 including improvements thereon, that is located at 1515 

23 Roundtable Drive in Dallas, Texas. 

24 (b) CONSIDERATION.—As consideration for convey25 ance under subsection (a), the purchaser shall pay, in a 
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1 single lump sum payment, an amount equal to the fair 

2 market value of the real property conveyed, as determined 

3 by the Secretary. The payment shall be handled in the 

4 manner provided in section 204(c) of the Federal Property 

5 and Administrative Services Act of 1949 (40 U.S.C. 

6 485(c)). Such funds and credit receipts shall not go to 

7 the general treasury but to the Department of Defense 

8 to merge with and become available for the same purposes 

9 and period as the accounts to which they are credited. 

10 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

11 and legal description of the real property to be conveyed 

12 under subsection (a) shall be determined by a survey satis13 factory to the Secretary. The cost of the survey shall be 

14 borne by the purchaser. 

15 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

16 Secretary may require such additional terms and condi17 tions in connection with the conveyance under subsection 

18 (a) as the Secretary considers appropriate to protect the 

19 interests of the United States.

Æ