In the Senate of the United States,

June 4, 2003.

Resolved, That the bill from the House of Representatives (H.R. 1588) entitled ‘‘An Act to authorize appropriations for fiscal year 2004 for military activities of the Department of Defense, for military construction, and for defense

activities of the Department of Energy, to prescribe personnel

strengths for such fiscal year for the Armed Forces, and for

other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2004’’.
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

3 (a) DIVISIONS.—This Act is organized into three divi4 sions as follows:

5 (1) Division A—Department of Defense Author6 izations.

7 (2) Division B—Military Construction Author8 izations.

9 (3) Division C—Department of Energy National

10 Security Authorizations and Other Authorizations.

11 (b) TABLE OF CONTENTS.—The table of contents for

12 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

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. Chemical agents and munitions destruction, Defense.

Sec. 107. Defense health programs.

Sec. 108. Reduction in authorization.

Subtitle B—Army Programs

Sec. 111. CH–47 helicopter program.

Sec. 112. Rapid infusion pumps.

Subtitle C—Navy Programs

Sec. 121. Multiyear procurement authority for Navy programs.

Sec. 122. Pilot program for flexible funding of naval vessel conversions and overhauls.
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Subtitle D—Air Force Programs

Sec. 131. Elimination of quantity limitations on multiyear procurement. authority for C–130J aircraft.

Sec. 132. B–1B Bomber aircraft.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for science and technology.

Sec. 203. Defense Inspector General.

Sec. 204. Defense health programs.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Prohibition on transfer of certain programs outside the Office of the

Secretary of Defense.

Sec. 212. Objective force indirect fires program.

Sec. 213. Amount for Joint Engineering Data Management Information and

Control System

Sec. 214. Human tissue engineering.

Sec. 215. Non-thermal imaging systems.

Sec. 216. Magnetic levitation.

Sec. 217. Composite sail test articles.

Sec. 218. Portable Mobile Emergency Broadband Systems.

Sec. 219. Boron energy cell technology.

Sec. 220. Modification of program element of short range air defense radar program of the Army.

Sec. 221. Amount for network centric operations.

Subtitle C—Ballistic Missile Defense

Sec. 221. Fielding of ballistic missile defense capabilities.

Sec. 222. Repeal of requirement for certain program elements for Missile Defense

Agency activities.

Sec. 223. Oversight of procurement, performance criteria, and operational test

plans for ballistic missile defense programs.

Sec. 224. Renewal of authority to assist local communities impacted by ballistic

missile defense system test bed.

Sec. 225. Requirement for specific authorization of Congress for design, development, or deployment of hit-to-kill ballistic missile interceptors.

Sec. 226. Prohibition on use of funds for nuclear armed interceptors in missile

defense systems.

Subtitle D—Other Matters

Sec. 231. Global Research Watch program in the Office of the Director of Defense

Research and Engineering.

Sec. 232. Defense Advanced Research Projects Agency biennial strategic plan.

Sec. 233. Enhancement of authority of Secretary of Defense to support science,

mathematics, engineering, and technology education.

Sec. 234. Department of Defense high-speed network-centric and bandwidth expansion program.
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Sec. 235. Department of Defense strategy for management of electromagnetic spectrum.

Sec. 236. Amount for Collaborative Information Warfare Network.

Sec. 237. Coproduction of Arrow ballistic missile defense system.

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—Program Requirements, Restrictions, and

Limitations

Sec. 311. Emergency and morale communications programs.

Sec. 312. Commercial imagery industrial base.

Sec. 313. Information operations sustainment for land forces readiness of Army

Reserve.

Sec. 314. Submittal of survey on perchlorate contamination at Department of Defense sites.

Subtitle C—Environmental Provisions

Sec. 321. General definitions applicable to facilities and operations.

Sec. 322. Military readiness and conservation of protected species.

Sec. 323. Arctic and Western Pacific Environmental Technology Cooperation

Program.

Sec. 324. Participation in wetland mitigation banks in connection with military

construction projects.

Sec. 325. Extension of authority to use environmental restoration account funds

for relocation of a contaminated facility.

Sec. 326. Applicability of certain procedural and administrative requirements to

restoration advisory boards.

Sec. 327. Expansion of authorities on use of vessels stricken from the Naval Vessel

Register for experimental purposes.

Sec. 328. Transfer of vessels stricken from the Naval Vessel Register for use as artificial reefs.

Sec. 329. Salvage facilities.

Sec. 330. Task force on resolution of conflict between military training and endangered species protection at Barry M. Goldwater Range, Arizona.

Sec. 331. Public health assessment of exposure to perchlorate.

Subtitle D—Reimbursement Authorities

Sec. 341. Reimbursement of reserve component military personnel accounts for

personnel costs of special operations reserve component personnel

engaged in landmines clearance.

Sec. 342. Reimbursement of reserve component accounts for costs of intelligence

activities support provided by reserve component personnel.

Sec. 343. Reimbursement rate for services provided to the Department of State.
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Subtitle E—Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian

employees.

Sec. 352. Impact aid for children with severe disabilities.

Subtitle F—Other Matters

Sec. 361. Sale of Defense Information Systems Agency services to contractors performing the Navy-Marine Corps Intranet contract.

Sec. 362. Use of the Defense Modernization Account for life cycle cost reduction

initiatives.

Sec. 363. Exemption of certain firefighting service contracts from prohibition on

contracts for performance of firefighting functions.

Sec. 364. Technical amendment relating to termination of Sacramento Army

Depot, Sacramento, California.

Sec. 365. Exception to competition requirement for workloads previously performed by depot-level activities.

Sec. 366. Support for transfers of decommissioned vessels and shipboard equipment.

Sec. 367. Aircraft for performance of aerial refueling mission.

Sec. 368. Contracting with employers of persons with disabilities.

Sec. 369. Repeal of calendar year limitations on use of commissary stores by certain Reserves and others.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Increased maximum percentage of general and flag officers on active

duty authorized to be serving in grades above Brigadier General

and Rear Admiral (lower half).

Sec. 403. Extension of certain authorities relating to management of numbers of

general and flag officers in certain grades.

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 limitations on non-dual status technicians.

Subtitle C—Other Matters Relating to Personnel Strengths

Sec. 421. Revision of personnel strength authorization and accounting process.

Sec. 422. Exclusion of recalled retired members from certain strength limitations

during period of war or national emergency.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.
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TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Retention of health professions officers to fulfill active duty service obligations following failure of selection for promotion.

Sec. 502. Eligibility for appointment as Chief of Army Veterinary Corps.

Subtitle B—Reserve Component Personnel Policy

Sec. 511. Expanded authority for use of Ready Reserve in response to terrorism.

Sec. 512. Streamlined process for continuing officers on the Reserve Active-status

list.

Sec. 513. National Guard officers on active duty in command of National Guard

units.

Subtitle C—Revision of Retirement Authorities

Sec. 521. Permanent authority to reduce three-year time-in-grade requirement for

retirement in grade for officers in grades above Major and Lieutenant Commander.

Subtitle D—Education and Training

Sec. 531. Increased flexibility for management of senior level education and posteducation assignments.

Sec. 532. Expanded educational assistance authority for cadets and midshipmen

receiving ROTC scholarships.

Sec. 533. Eligibility and cost reimbursement requirements for personnel to receive

instruction at the Naval Postgraduate School.

Sec. 534. Actions to address sexual misconduct at the service academies.

Sec. 535. Funding of education assistance enlistment incentives to facilitate national service through Department of Defense Education Benefits

Fund.

Subtitle E—Military Justice

Sec. 551. Extended limitation period for prosecution of child abuse cases in

courts-martial.

Sec. 552. Clarification of blood alcohol content limit for the offense under the

Uniform Code of Military Justice of drunken operation of a vehicle, aircraft, or vessel.

Subtitle F—Other Matters

Sec. 561. High-tempo personnel management and allowance.

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

direct entry program.

Sec. 563. Policy on concurrent deployment to combat zones of both military

spouses of military families with minor children.

Sec. 564. Enhancement of voting rights of members of the uniformed services.

Sec. 565. Certain travel and transportation allowances for dependents of members

of the Amed Frces who have committed dependent abuse.
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TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Revised annual pay adjustment process.

Sec. 603. Computation of basic pay rate for commissioned officers with prior enlisted or warrant officer service.

Sec. 604. Pilot program of monthly subsistence allowance for non-scholarship

Senior ROTC members committing to continue ROTC participation as sophomores.

Sec. 605. Basic allowance for housing for each member married to another member without dependents when both spouses are on sea duty.

Sec. 606. Increased rate of family separation allowance.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for Reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for certain health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of other bonus and special pay authorities.

Sec. 615. Special pay for reserve officers holding positions of unusual responsibility and of critical nature.

Sec. 616. Assignment incentive pay for service in Korea.

Sec. 617. Increased maximum amount of reenlistment bonus for active members.

Sec. 618. Payment of Selected Reserve reenlistment bonus to members of Selected

Reserve who are mobilized.

Sec. 619. Increased rate of hostile fire and imminent danger special pay.

Sec. 620. Availability of hostile fire and imminent danger special pay for reserve

component members on inactive duty.

Sec. 621. Expansion of overseas tour extension incentive program to officers.

Sec. 622. Eligibility of warrant officers for accession bonus for new officers in

critical skills.

Sec. 623. Incentive bonus for conversion to military occupational specialty to ease

personnel shortage.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Shipment of privately owned motor vehicle within continental United

States.

Sec. 632. Payment or reimbursement of student baggage storage costs for dependent children of members stationed overseas.

Sec. 633. Contracts for full replacement value for loss or damage to personal

property transported at Government expense.

Sec. 634. Transportation of dependents to presence of members of the Armed

Forces who are retired for illness or injury incurred in active

duty.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 641. Special rule for computation of retired pay base for commanders of

combatant commands.
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Sec. 642. Survivor Benefit Plan annuities for surviving spouses of Reserves not

eligible for retirement who die from a cause incurred or aggravated while on inactive-duty training.

Sec. 643. Increase in death gratuity payable with respect to deceased members of

the Armed Forces.

Sec. 644. Full payment of both retired pay and compensation to disabled military retirees.

Subtitle E—Other Matters

Sec. 651. Retention of accumulated leave.

Sec. 652. GAO study.

Subtitle F—Naturalization and Family Protection for Military

Members

Sec. 661. Short title.

Sec. 662. Requirements for naturalization through service in the Armed Forces of

the United States.

Sec. 663. Naturalization benefits for members of the Selected Reserve of the Ready

Reserve.

Sec. 664. Extension of posthumous benefits to surviving spouses, children, and

parents.

Sec. 665. Effective date.

TITLE VII—HEALTH CARE

Sec. 701. Medical and dental screening for members of Selected Reserve units

alerted for mobilization.

Sec. 702. TRICARE beneficiary counseling and assistance coordinators for Reserve component beneficiaries.

Sec. 703. Extension of authority to enter into personal services contracts for

health care services to be performed at locations outside medical

treatment facilities.

Sec. 704. Department of Defense Medicare-Eligible Retiree Health Care Fund

valuations and contributions.

Sec. 705. Surveys on continued viability of TRICARE standard.

Sec. 706. Elimination of limitation on covered beneficiaries’ eligibility to receive

health care services from former Public Health Service treatment

facilities.

Sec. 707. Modification of structure and duties of Department of Veterans AffairsDepartment of Defense Health Executive Committee.

Sec. 708. Eligibility of reserve officers for health care pending orders to active

duty following commissioning.

Sec. 709. Reimbursement of covered beneficiaries for certain travel expenses relating to specialized dental care.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management

Sec. 801. Temporary emergency procurement authority to facilitate defense

against or recovery from terrorism or nuclear, biological, chemical, or radiological attack.

Sec. 802. Special temporary contract closeout authority.
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Sec. 803. Defense acquisition program management for use of radio frequency

spectrum.

Sec. 804. National Security Agency Modernization Program.

Sec. 805. Quality control in procurement of aviation critical safety items and related services.

Subtitle B—Procurement of Services

Sec. 811. Expansion and extension of incentive for use of performance-based contracts in procurements of services.

Sec. 812. Public-private competitions for the performance of Department of Defense functions.

Sec. 813. Authority to enter into personal services contracts.

Subtitle C—Major Defense Acquisition Programs

Sec. 821. Certain weapons-related prototype projects.

Sec. 822. Applicability of Clinger-Cohen Act policies and requirements to equipment integral to a weapon or weapon system.

Sec. 823. Applicability of requirement for reports on maturity of technology at

initiation of major defense acquisition programs.

Subtitle D—Domestic Source Requirements

Sec. 831. Exceptions to Berry amendment for contingency operations and other

urgent situations.

Sec. 832. Inapplicability of Berry amendment to procurements of waste and byproducts of cotton and wool fiber for use in the production of

propellants and explosives.

Sec. 833. Waiver authority for domestic source or content requirements.

Sec. 834. Buy American exception for ball bearings and roller bearings used in

foreign products.

Subtitle E—Defense Acquisition and Support Workforce

Sec. 841. Flexibility for management of the defense acquisition and support workforce.

Sec. 842. Limitation and reinvestment authority relating to reduction of the defense acquisition and support workforce.

Sec. 843. Clarification and revision of authority for demonstration project relating to certain acquisition personnel management policies and

procedures.

Subtitle F—Federal Support for Procurement of Anti-Terrorism

Technologies and Services by State and Local Governments

Sec. 851. Application of indemnification authority to State and local government

contractors.

Sec. 852. Federal support for enhancement of State and local anti-terrorism response capabilities.

Sec. 853. Definitions.

Subtitle G—General Contracting Authorities, Procedures, and

Limitations, and Other Matters

Sec. 861. Limited acquisition authority for Commander of United States Joint

Forces Command.

Sec. 862. Operational test and evaluation.
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Sec. 863. Multiyear task and delivery order contracts.

Sec. 864. Repeal of requirement for contractor assurances regarding the completeness, accuracy, and contractual sufficiency of technical data provided by the contractor.

Sec. 865. Reestablishment of authority for short-term leases of real or personal

property across fiscal years.

Sec. 866. consolidation of contract requirements.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Department Officers and Agencies

Sec. 901. Clarification of responsibility of military departments to support combatant commands.

Sec. 902. Redesignation of National Imagery and Mapping Agency as National

Geospatial-Intelligence Agency.

Sec. 903. Standards of conduct for members of the Defense Policy Board and the

Defense Science Board.

Subtitle B—Space Activities

Sec. 911. Coordination of space science and technology activities of the Department of Defense.

Sec. 912. Space personnel cadre.

Sec. 913. Policy regarding assured access to space for United States national security payloads.

Sec. 914. Pilot program to provide space surveillance network services to entities

outside the United States Government.

Sec. 915. Content of biennial Global Positioning System report.

Subtitle C—Other Matters

Sec. 921. Combatant Commander Initiative Fund.

Sec. 922. Authority for the Marine Corps University to award the degree of master of operational studies.

Sec. 923. Report on changing roles of United States Special Operations Command.

Sec. 924. Integration of Defense intelligence, surveillance, and reconnaissance capabilities.

Sec. 925. Establishment of the National Guard of the Northern Mariana Islands.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. United States contribution to NATO common-funded budgets in fiscal

year 2004.

Sec. 1003. Authorization of supplemental appropriations for fiscal year 2003.

Subtitle B—Improvement of Travel Card Management

Sec. 1011. Mandatory disbursement of travel allowances directly to travel card

creditors.

Sec. 1012. Determinations of creditworthiness for issuance of Defense travel card.

Sec. 1013. Disciplinary actions and assessing penalties for misuse of Defense

travel cards.
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Subtitle C—Reports

Sec. 1021. Elimination and revision of various reporting requirements applicable

to the Department of Defense.

Sec. 1022. Global strike plan.

Sec. 1023. Report on the conduct of Operation Iraqi Freedom.

Sec. 1024. Report on mobilization of the reserves.

Sec. 1025. Study of beryllium industrial base.

Subtitle D—Other Matters

Sec. 1031. Blue forces tracking initiative.

Sec. 1032. Loan, donation, or exchange of obsolete or surplus property.

Sec. 1033. Acceptance of gifts and donations.

Sec. 1034. Provision of living quarters for certain students working at National

Security Agency laboratory.

Sec. 1035. Protection of operational files of the National Security Agency.

Sec. 1036. Transfer of administration of National Security Education Program

to Director of Central Intelligence.

Sec. 1037. Report on use of unmanned aerial vehicles for support of homeland security missions.

Sec. 1038. Conveyance of surplus T–37 aircraft to Air Force Aviation Heritage

Foundation, Incorporated.

Sec. 1039. Sense of Senate on reward for information leading to resolution of status of members of the Armed Forces who remain missing in action.

Sec. 1040. Advanced shipbuilding enterprise.

Sec. 1041. Air fares for members of Armed Forces.

Sec. 1042. Sense of Senate on deployment of airborne chemical agent monitoring

systems at chemical stockpile disposal sites in the united states.

Sec. 1043. Federal assistance for State programs under the National Guard Challenge Program.

Sec. 1044. Sense of Senate on reconsideration of decision to terminate border seaport inspection duties of National Guard under National Guard

drug interdiction and counter-drug mission.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL POLICY

Sec. 1101. Authority to employ civilian faculty members at the Western Hemisphere Institute for Security Cooperation.

Sec. 1102. Pay authority for critical positions.

Sec. 1103. Extension, expansion, and revision of authority for experimental personnel program for scientific and technical personnel.

Sec. 1104. Transfer of personnel investigative functions and related personnel of

the Department of Defense.

TITLE XII—MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Authority to use funds for payment of costs of attendance of foreign

visitors under Regional Defense Counterterrorism Fellowship

Program.

Sec. 1202. Availability of funds to recognize superior noncombat achievements or

performance of members of friendly foreign forces and other foreign nationals.

Sec. 1203. Check cashing and exchange transactions for foreign personnel in alliance or coalition forces.
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Sec. 1204. Clarification and extension of authority to provide assistance for international nonproliferation activities.

Sec. 1205. Reimbursable costs relating to national security controls on satellite

export licensing.

Sec. 1206. Annual report on the NATO Prague capabilities commitment and the

NATO Response Force.

Sec. 1207. Expansion and extension of authority to provide additional support

for counter-drug activities.

Sec. 1208. Use of funds for unified counterdrug and counterterrorism campaign

in Colombia.

Sec. 1209. Competitive award of contracts for Iraqi reconstruction.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH

STATES OF THE FORMER SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Annual certifications on use of facilities being constructed for Cooperative Threat Reduction projects or activities.

Sec. 1304. Authority to use Cooperative Threat Reduction funds outside the

former Soviet Union.

Sec. 1305. One-year extension of inapplicability of certain conditions on use of

funds for chemical weapons destruction.

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. Termination of authority to carry out certain fiscal year 2003

projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 2003

projects.

Sec. 2107. Modification of authority to carry out certain fiscal year 2002 project.

Sec. 2108. Modification of authority to carry out certain fiscal year 2001 project.

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.

Sec. 2205. Termination of authority to carry out certain fiscal year 2003 project.

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.

Sec. 2305. Modification of fiscal year 2003 authority relating to improvement of

military family housing units.
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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.

Sec. 2406. Modification of authority to carry out certain fiscal year 2003 project.

Sec. 2407. Modification of authority to carry out certain fiscal year 2003

projects.

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 Program and Military

Family Housing Changes

Sec. 2801. Modification of general definitions relating to military construction.

Sec. 2802. Increase in number of family housing units in Italy authorized for

lease by the Navy.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Increase in threshold for reports to Congress on real property transactions.

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

Sec. 2813. Expansion to military unaccompanied housing of authority to transfer

property at military installations to be closed in exchange for

military housing.

Sec. 2814. Exemption from screening and use requirements under McKinneyVento Homeless Assistance Act of Department of Defense property in emergency support of homeland security.

Subtitle C—Land Conveyances

Sec. 2821. Transfer of land at Fort Campbell, Kentucky and Tennessee.

Sec. 2822. Land conveyance, Fort Knox, Kentucky.

Sec. 2823. Land conveyance, Marine Corps Logistics Base, Albany, Georgia.
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Sec. 2824. Land conveyance, Air Force and Army Exchange Service property,

Dallas, Texas.

Sec. 2825. Land exchange, Naval and Marine Corps Reserve Center, Portland Oregon.

Sec. 2826. Land conveyance, Fort Ritchie, Maryland.

Sec. 2827. Feasibility study of conveyance of Louisiana Army Ammunition

Plant, Doyline, Louisiana.

Subtitle D—Review of Overseas Military Facility Structure

Sec. 2841. Short title.

Sec. 2842. Establishment of Commission.

Sec. 2843. Duties of Commission.

Sec. 2844. Powers of Commission.

Sec. 2845. Commission personnel matters.

Sec. 2846. Security.

Sec. 2847. Termination of Commission.

Sec. 2848. Funding.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Defense energy supply.

Subtitle B—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Repeal of prohibition on research and development of low-yield nuclear

weapons.

Sec. 3132. Readiness posture for resumption by the United States of underground

nuclear weapons tests.

Sec. 3133. Technical base and facilities maintenance and recapitalization activities.

Sec. 3134. Continuation of processing, treatment, and disposition of legacy nuclear materials.

Sec. 3135. Requirement for specific authorization of Congress for commencement

of engineering development phase or subsequent phase of robust

nuclear earth penetrator.

Subtitle C—Proliferation Matters

Sec. 3141. Expansion of International Materials Protection, Control, and Accounting program.

Sec. 3142. Semi-annual financial reports on Defense Nuclear Nonproliferation

program.

Sec. 3143. Report on reduction of excessive uncosted balances for defense nuclear

nonproliferation activities.
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Subtitle D—Other Matters

Sec. 3151. Modification of authorities on Department of Energy personnel security investigations.

Sec. 3152. Responsibilities of Environmental Management program and National

Nuclear Security Administration of Department of Energy for

environmental cleanup, decontamination and decommissioning,

and waste management.

Sec. 3153. Update of report on stockpile stewardship criteria.

Sec. 3154. Progress reports on Energy Employees Occupational Illness Compensation Program.

Sec. 3155. Study on the application of technology from the Robust Nuclear Earth

Penetrator Program to Conventional Hard and Deeply Buried

Target Weapons Development Programs.

Subtitle E—Consolidation of General Provisions on Department

of Energy National Security Programs

Sec. 3161. Consolidation and assembly of recurring and general provisions on Department of Energy national security programs.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.
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1 DIVISION A—DEPARTMENT OF

2 DEFENSE AUTHORIZATIONS

3 TITLE I—PROCUREMENT

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 101. ARMY.

7 Funds are hereby authorized to be appropriated for fis8 cal year 2004 for procurement for the Army as follows:

9 (1) For aircraft, $2,158,485,000.

10 (2) For missiles, $1,553,462,000.

11 (3) For weapons and tracked combat vehicles,

12 $1,658,504,000.

13 (4) For ammunition, $1,363,305,000.

14 (5) For other procurement, $4,266,027,000.

15 SEC. 102. NAVY AND MARINE CORPS.

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 2004 for procurement for the Navy

18 as follows:

19 (1) For aircraft, $8,996,948,000.

20 (2) For weapons, including missiles and tor21 pedoes, $2,046,821,000.

22 (3) For shipbuilding and conversion,

23 $11,707,984,000.

24 (4) For other procurement, $4,744,443,000.
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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 $1,089,599,000.

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 the

7 Marine Corps in the amount of $924,355,000.

8 SEC. 103. AIR FORCE.

9 Funds are hereby authorized to be appropriated for fis10 cal year 2004 for procurement for the Air Force as follows:

11 (1) For aircraft, $12,082,760,000.

12 (2) For ammunition, $1,284,725,000.

13 (3) For missiles, $4,394,439,000.

14 (4) For other procurement, $11,630,659,000.

15 SEC. 104. DEFENSE-WIDE ACTIVITIES.

16 Funds are hereby authorized to be appropriated for fis17 cal year 2004 for Defense-wide procurement in the amount

18 of $3,884,106,000.

19 SEC. 105. DEFENSE INSPECTOR GENERAL.

20 Funds are hereby authorized to be appropriated for fis21 cal year 2004 for procurement for the Inspector General of

22 the Department of Defense in the amount of $2,100,000.
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1 SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUC2 TION, DEFENSE.

3 There is hereby authorized to be appropriated for the

4 Office of the Secretary of Defense for fiscal year 2004 the

5 amount of $1,530,261,000 for—

6 (1) the destruction of lethal chemical agents and

7 munitions in accordance with section 1412 of the De8 partment of Defense Authorization Act, 1986 (50

9 U.S.C. 1521); and

10 (2) the destruction of chemical warfare materiel

11 of the United States that is not covered by section

12 1412 of such Act.

13 SEC. 107. DEFENSE HEALTH PROGRAMS.

14 Funds are hereby authorized to be appropriated for fis15 cal year 2004 for the Department of Defense for procure16 ment for carrying out health care programs, projects, and

17 activities of the Department of Defense in the total amount

18 of $327,826,000.

19 SEC. 108. REDUCTION IN AUTHORIZATION.1

20 The total amount authorized to be appropriated under

21 section 104 is hereby reduced by $3,300,000, with

22 $2,100,000 of the reduction to be allocated to Special Oper23 ations Forces rotary upgrades and $1,200,000 to be allo24 cated to Special Operations Forces operational enhance25 ments.
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1 Subtitle B—Army Programs

2 SEC. 111. CH–47 HELICOPTER PROGRAM.

3 (a) REQUIREMENT FOR STUDY.—The Secretary of the

4 Army shall study the feasibility and the costs and benefits

5 of providing for the participation of a second source in the

6 production of gears for the helicopter transmissions incor7 porated into CH–47 helicopters being procured by the Army

8 with funds authorized to be appropriated by this Act.

9 (b) REPORT.—Not later than 90 days after the date

10 of the enactment of this Act, the Secretary shall submit a

11 report on the results of the study to Congress.

12 SEC. 112. RAPID INFUSION PUMPS.

13 (a) AVAILABILITY OF FUNDS.—(1) Of the amount au14 thorized to be appropriated by section 101(5) for other pro15 curement, Army, $2,000,000 may be available for medical

16 equipment for the procurement of rapid infusion (IV)

17 pumps.

18 (2) The total amount authorized to be appropriated

19 under section 101(5) is hereby increased by $2,000,000.

20 (b) OFFSET.—Of the amount authorized to be appro21 priated by section 301(1) for operation and maintenance,

22 Army, the amount available is hereby reduced by

23 $2,000,000.
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1 Subtitle C—Navy Programs

2 SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR

3 NAVY PROGRAMS.

4 (a) AUTHORITY.—Beginning with the fiscal year 2004

5 program year, the Secretary of the Navy may, in accord6 ance with section 2306b of title 10, United States Code,

7 enter into a multiyear contract for procurement for the fol8 lowing programs:

9 (1) The F/A–18 aircraft program.

10 (2) The E–2C aircraft program.

11 (3) The Tactical Tomahawk Cruise Missile pro12 gram, subject to subsection (b).

13 (4) The Virginia class submarine, subject to sub14 section (c).

15 (5) The Phalanx Close In Weapon System pro16 gram, Block 1B.

17 (b) TACTICAL TOMAHAWK CRUISE MISSILES.—The

18 Secretary may not enter into a multiyear contract for the

19 procurement of Tactical Tomahawk Cruise Missiles under

20 subsection (a)(3) until the Secretary determines on the basis

21 of operational testing that the Tactical Tomahawk Cruise

22 Missile is effective for fleet use.

23 (c) VIRGINIA CLASS SUBMARINES.—Paragraphs

24 (2)(A), (3), and (4) of section 121(b) of the National Defense

25 Authorization Act for Fiscal Year 1998 (Public Law 105–
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1 85; 111 Stat. 1648) shall apply in the exercise of authority

2 to enter into a multiyear contract for the procurement of

3 Virginia class submarines under subsection (a)(4).

4 SEC. 122. PILOT PROGRAM FOR FLEXIBLE FUNDING OF

5 NAVAL VESSEL CONVERSIONS AND OVER6 HAULS.

7 (a) ESTABLISHMENT.—The Secretary of the Navy may

8 carry out a pilot program of flexible funding of conversions

9 and overhauls of cruisers of the Navy in accordance with

10 this section.

11 (b) AUTHORITY.—Under the pilot program the Sec12 retary of the Navy may, subject to subsection (d), transfer

13 appropriated funds described in subsection (c) to the appro14 priation for the Navy for procurement for shipbuilding and

15 conversion for any fiscal year to continue to fund any con16 version or overhaul of a cruiser of the Navy that was ini17 tially funded with the appropriation to which transferred.

18 (c) FUNDS AVAILABLE FOR TRANSFER.—The appro19 priations available for transfer under this section are the

20 appropriations to the Navy for any fiscal year after fiscal

21 year 2003 and before fiscal year 2013 for the following pur22 poses:

23 (1) For procurement, as follows:

24 (A) For shipbuilding and conversion.

25 (B) For weapons procurement.
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1 (C) For other procurement.

2 (2) For operation and maintenance.

3 (d) LIMITATIONS.—(1) A transfer may be made with

4 respect to a cruiser under this section only to meet the fol5 lowing requirements:

6 (A) Any increase in the size of the workload for

7 conversion or overhaul to meet existing requirements

8 for the cruiser.

9 (B) Any new conversion or overhaul requirement

10 resulting from a revision of the original baseline con11 version or overhaul program for the cruiser.

12 (2) A transfer may not be made under this section be13 fore the date that is 30 days after the date on which the

14 Secretary of the Navy transmits to the congressional defense

15 committees a written notification of the intended transfer.

16 The notification shall include the following matters:

17 (A) The purpose of the transfer.

18 (B) The amounts to be transferred.

19 (C) Each account from which the funds are to be

20 transferred.

21 (D) Each program, project, or activity from

22 which the funds are to be transferred.

23 (E) Each account to which the funds are to be

24 transferred.
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1 (F) A discussion of the implications of the trans2 fer for the total cost of the cruiser conversion or over3 haul program for which the transfer is to be made.

4 (e) MERGER OF FUNDS.—Amounts transferred to an

5 appropriation with respect to the conversion or overhaul of

6 a cruiser under this section shall be credited to and merged

7 with other funds in the appropriation to which transferred

8 and shall be available for the conversion or overhaul of such

9 cruiser for the same period as the appropriation with which

10 merged.

11 (f) RELATIONSHIP TO OTHER TRANSFER AUTHOR12 ITY.—The authority to transfer funds under this section is

13 in addition to any other authority provided by law to

14 transfer appropriated funds and is not subject to any re15 striction, limitation, or procedure that is applicable to the

16 exercise of any such other authority.

17 (g) FINAL REPORT.—Not later than October 1, 2011,

18 the Secretary of the Navy shall submit to the congressional

19 defense committees a report containing the Secretary’s eval20 uation of the efficacy of the authority provided under this

21 section.

22 (h) TERMINATION OF PROGRAM.—No transfer may be

23 made under this section after September 30, 2012.
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1 Subtitle D—Air Force Programs

2 SEC. 131. ELIMINATION OF QUANTITY LIMITATIONS ON

3 MULTIYEAR PROCUREMENT AUTHORITY FOR

4 C–130J AIRCRAFT.

5 Section 131(a) of the Bob Stump National Defense Au6 thorization Act for Fiscal Year 2003 (Public Law 107–314;

7 116 Stat. 2475) is amended by striking ‘‘up to 40 C-130J

8 aircraft in the CC–130J configuration and up to 24 C–

9 130J aircraft in the KC–130J configuration’’ and inserting

10 ‘‘C–130J aircraft in the CC–130J and KC–130J configura11 tions’’.

12 SEC. 132. B–1B BOMBER AIRCRAFT.

13 (a) AMOUNT FOR AIRCRAFT.—(1) Of the amount au14 thorized to be appropriated under section 103(1),

15 $20,300,000 may be available to reconstitute the fleet of B–

16 1B bomber aircraft through modifications of 23 B–1B

17 bomber aircraft otherwise scheduled to be retired in fiscal

18 year 2003 that extend the service life of such aircraft and

19 maintain or, as necessary, improve the capabilities of such

20 aircraft for mission performance.

21 (2) The Secretary of the Air Force shall submit to the

22 congressional defense committees a report that specifies the

23 amounts necessary to be included in the future-years defense

24 program to reconstitute the B–1B bomber aircraft fleet of

25 the Air Force.
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1 (b) ADJUSTMENT.—(1) The total amount authorized to

2 be appropriated under section 103(1) is hereby increased

3 by $20,300,000.

4 (2) The total amount authorized to be appropriated

5 under section 104 is hereby reduced by $20,300,000, with

6 the amount of the reduction to be allocated to Special Oper7 ations Forces operational enhancements.

8 TITLE II—RESEARCH, DEVELOP9 MENT, TEST, AND EVALUA10 TION

11 Subtitle A—Authorization of

12 Appropriations

13 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

14 Funds are hereby authorized to be appropriated for fis15 cal year 2004 for the use of the Department of Defense for

16 research, development, test, and evaluation as follows:

17 (1) For the Army, $9,012,500,000.

18 (2) For the Navy, $14,590,284,000.

19 (3) For the Air Force, $20,382,407,000.

20 (4) For Defense-wide activities, $19,135,679,000,

21 of which $286,661,000 is authorized for the Director

22 of Operational Test and Evaluation.
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1 SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

2 (a) AMOUNT FOR PROJECTS.—Of the total amount au3 thorized to be appropriated by section 201, $10,705,561,000

4 shall be available for science and technology projects.

5 (b) SCIENCE AND TECHNOLOGY DEFINED.—In this

6 section, the term ‘‘science and technology project’’ means

7 work funded in program elements for defense research, de8 velopment, test, and evaluation under Department of De9 fense budget activities 1, 2, or 3.

10 SEC. 203. DEFENSE INSPECTOR GENERAL.

11 Funds are hereby authorized to be appropriated for fis12 cal year 2004 for research, development, test, and evalua13 tion for the Inspector General of the Department of Defense

14 in the amount of $300,000.

15 SEC. 204. DEFENSE HEALTH PROGRAMS.

16 Funds are hereby authorized to be appropriated for fis17 cal year 2004 for the Department of Defense for research,

18 development, test, and evaluation for carrying out health

19 care programs, projects, and activities of the Department

20 of Defense in the total amount of $65,796,000.
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1 Subtitle B—Program Requirements,

2 Restrictions, and Limitations

3 SEC. 211. PROHIBITION ON TRANSFER OF CERTAIN PRO4 GRAMS OUTSIDE THE OFFICE OF THE SEC5 RETARY OF DEFENSE.

6 The Secretary of Defense may not designate any offi7 cial outside the Office of the Secretary of Defense to exercise

8 authority for programming or budgeting for any of the fol9 lowing programs:

10 (1) Explosive demilitarization technology (pro11 gram element 0603104D8Z).

12 (2) High energy laser research initiative (pro13 gram element 0601108D8Z).

14 (3) High energy laser research (program element

15 0602890D8Z).

16 (4) High energy laser advanced development

17 (program element 0603924D8Z).

18 (5) University research initiative (program ele19 ment 0601103D8Z).

20 SEC. 212. OBJECTIVE FORCE INDIRECT FIRES PROGRAM.

21 (a) DISTINCT PROGRAM ELEMENT.—The Secretary of

22 Defense shall ensure that, not later than October 1, 2003,

23 the Objective Force Indirect Fires Program is being

24 planned, programmed, and budgeted for as a distinct pro25 gram element and that funds available for such program
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1 are being administered consistent with the budgetary status

2 of the program as a distinct program element.

3 (b) PROHIBITION.—Effective on October 1, 2003, the

4 Objective Force Indirect Fires Program may not be

5 planned, programmed, and budgeted for, and funds avail6 able for such program may not be administered, in one pro7 gram element in combination with the Armored Systems

8 Modernization program.

9 (c) CERTIFICATION REQUIREMENT.—At the same time

10 that the President submits the budget for fiscal year 2005

11 to Congress under section 1105(a) of title 31, United States

12 Code, the Secretary of Defense shall submit to the Commit13 tees on Armed Services of the Senate and the House of Rep14 resentatives a written certification that the Objective Force

15 Indirect Fires Program is being planned, programmed, and

16 budgeted for, and funds available for such program are

17 being administered, in accordance with the requirement in

18 subsection (a) and the prohibition in subsection (b).

19 SEC. 213. AMOUNT FOR JOINT ENGINEERING DATA MAN20 AGEMENT INFORMATION AND CONTROL SYS21 TEM.

22 (a) NAVY RDT&E.—The amount authorized to be ap23 propriated under section 201(2) is hereby increased by

24 $2,500,000. Such amount may be available for the Joint
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1 Engineering Data Management Information and Control

2 System (JEDMICS).

3 (b) NAVY PROCUREMENT.—The amount authorized to

4 be appropriated under section 102(a)(4) is hereby reduced

5 by $2,500,000, to be derived from the amount provided for

6 the Joint Engineering Data Management Information and

7 Control System (JEDMICS).

8 SEC. 214. HUMAN TISSUE ENGINEERING.

9 (a) AMOUNT.—Of the amount authorized to be appro10 priated under section 201(1), $1,700,000 may be available

11 in PE 0602787 for human tissue engineering. The total

12 amount authorized to be appropriated under section 201(1)

13 is hereby increased by $1,700,000.

14 (b) OFFSETS.—Of the amount authorized to be appro15 priated under section 301(4) for Operations and Mainte16 nance, Air Force is hereby reduced by $1,700,000.

17 SEC. 215. NON-THERMAL IMAGING SYSTEMS.

18 (a) AVAILABILITY OF FUNDS.—Of the amount author19 ized to be appropriated by section 201(2) for research, devel20 opment, test, and evaluation for the Navy and available for

21 Power Projection Applied Research (PE 602114N),

22 $2,000,000 may be available for research and development

23 of non-thermal imaging systems. The total amount author24 ized to be appropriated under section 201(2) is hereby in25 creased by $2,000,000
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1 (b) OFFSETS.—The amount authorized to be appro2 priated by section 301(4) for Operation and Maintenance,

3 Air Force is hereby reduced by $1,000,000 and the amount

4 authorized to be appropriated by section 104 for Defense5 wide activities, is hereby reduced by $1,000,000 for Special

6 Operations Forces rotary wing upgrades.

7 SEC. 216. MAGNETIC LEVITATION.

8 (a) INCREASE IN AUTHORIZATION OF APPROPRIA9 TIONS.—The amount authorized to be appropriated by sec10 tion 201(3) for research, development, test, and evaluation

11 for the Air Force is hereby increased by $2,100,000, with

12 the amount of the increase to be allocated to Major Test

13 and Evaluation Investment (PE 0604759F).

14 (b) AVAILABILITY.—(1) Of the amount authorized to

15 be appropriated by section 201(3) for research, development,

16 test, and evaluation for the Air Force and available for

17 Major Test and Evaluation Investment, as increased by

18 subsection (a), $2,100,000 may be available for research and

19 development on magnetic levitation technologies at the high

20 speed test track at Holloman Air Force Base, New Mexico.

21 (2) The amount available under paragraph (1) for the

22 purpose specified in that paragraph is in addition to any

23 other amounts available under this Act for that purpose.
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1 (c) OFFSET.—The amount authorized to be appro2 priated by section 301(4) for Operation and Maintenance,

3 Air Force, is hereby reduced by $2,100,000.

4 SEC. 217. COMPOSITE SAIL TEST ARTICLES.

5 (a) AVAILABILITY OF FUNDS.—The total amount au6 thorized to be appropriated under section 201(2) for Vir7 ginia-class submarine development, may be increased by

8 $2,000,000 for the development and fabrication of composite

9 sail test articles for incorporation into designs for future

10 submarines.

11 (b) OFFSET.—The amount authorized to be appro12 priated under section 104 may be reduced by $2,000,000,

13 to be derived from the amount provided for Special Oper14 ations Forces operational enhancements.

15 SEC. 218. PORTABLE MOBILE EMERGENCY BROADBAND SYS16 TEMS.

17 (a) AVAILABILITY OF FUNDS.—(1) Of the amount au18 thorized to be appropriated by section 201(1) for research,

19 development, test, and evaluation for the Army, $2,000,000

20 may be available for the development of Portable Mobile

21 Emergency Broadband Systems (MEBS).

22 (2) The total amount authorized to be appropriated

23 under section 201(1) is hereby increased by $2,000,000.

24 (b) OFFSET.—The amount authorized to be appro25 priated by section 104 for procurement, Defense-wide ac-
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1 tivities, Special Operations Forces operational enhance2 ments is hereby reduced by $2,000,000.

3 SEC. 219. BORON ENERGY CELL TECHNOLOGY.

4 (a) INCREASE IN RDT&E, AIR FORCE.—The amount

5 authorized to be appropriated by section 201(3) for re6 search, development, test, and evaluation for the Air Force

7 is hereby increased by $5,000,000.

8 (b) AVAILABILITY FOR BORON ENERGY CELL TECH9 NOLOGY.—(1) of the amount authorized to be appropriated

10 by section 201(3) for research, development, test, and eval11 uation for the Air Force, as increased by subsection (a),

12 $5,000,000 may be available for research, development, test,

13 and evaluation on boron energy cell technology.

14 (2) The amount available under paragraph (1) for the

15 purpose specified in that paragraph is in addition to any

16 other amounts available under this Act for that purpose.

17 (c) OFFSET FROM OPERATION AND MAINTENANCE,

18 ARMY.—The amount authorized to be appropriated by sec19 tion 301(1), for operation and maintenance for the Army

20 is hereby reduced by $5,000,000.

21 SEC. 220. MODIFICATION OF PROGRAM ELEMENT OF

22 SHORT RANGE AIR DEFENSE RADAR PRO23 GRAM OF THE ARMY.

24 The program element of the short range air defense

25 radar program of the Army may be modified from Program
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1 Element 602303A (Missile Technology) to Program Element

2 603772A (Advanced Tactical Computer Science and Sensor

3 Technology).

4 SEC. 221. AMOUNT FOR NETWORK CENTRIC OPERATIONS.

5 Of the amount authorized to be appropriated under

6 section 201(1) for historically Black colleges and univer7 sities, $1,000,000 may be used for funding the initiation

8 of a capability in such institutions to support the network

9 centric operations of the Department of Defense.

10 Subtitle C—Ballistic Missile

11 Defense

12 SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA13 BILITIES.

14 Funds authorized to be appropriated under section

15 201(4) for the Missile Defense Agency may be used for the

16 development and fielding of an initial set of ballistic missile

17 defense capabilities.

18 SEC. 222. REPEAL OF REQUIREMENT FOR CERTAIN PRO19 GRAM ELEMENTS FOR MISSILE DEFENSE

20 AGENCY ACTIVITIES.

21 Section 223 of title 10, United States Code is

22 amended—

23 (1) by striking subsection (a);

24 (2) by redesignating subsections (b) and (c) as

25 subsections (a) and (b), respectively; and
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1 (3) in subsection (b), as so redesignated, by strik2 ing ‘‘specified in subsection (a)’’.

3 SEC. 223. OVERSIGHT OF PROCUREMENT, PERFORMANCE

4 CRITERIA, AND OPERATIONAL TEST PLANS

5 FOR BALLISTIC MISSILE DEFENSE PRO6 GRAMS.

7 (a) PROCUREMENT.—(1) Chapter 9 of title 10, United

8 States Code, is amended by inserting after section 223 the

9 following new section:

10 ‘‘§ 223a. Ballistic missile defense programs: procure11 ment

12 ‘‘(a) BUDGET JUSTIFICATION MATERIALS.—(1) In the

13 budget justification materials submitted to Congress in sup14 port of the Department of Defense budget for any fiscal year

15 (as submitted with the budget of the President under section

16 1105(a) of title 31), the Secretary of Defense shall specify,

17 for each ballistic missile defense system element, the fol18 lowing information:

19 ‘‘(A) For each ballistic missile defense element

20 for which the Missile Defense Agency in engaged in

21 planning for production and initial fielding, the fol22 lowing information:

23 ‘‘(i) The production rate capabilities of the

24 production facilities planned to be used.
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1 ‘‘(ii) The potential date of availability of

2 the element for initial fielding.

3 ‘‘(iii) The expected costs of the initial pro4 duction and fielding planned for the element.

5 ‘‘(iv) The estimated date on which the ad6 ministration of the acquisition of the element is

7 to be transferred to the Secretary of a military

8 department.

9 ‘‘(B) The performance criteria prescribed under

10 subsection (b).

11 ‘‘(2) The information provided under paragraph (1)

12 shall be submitted in an unclassified form, but may include

13 a classified annex as necessary.

14 ‘‘(b) PERFORMANCE CRITERIA.—(1) The Director of

15 the Missile Defense Agency shall prescribe measurable per16 formance criteria for all planned development phases

17 (known as ‘‘blocks’’) of the ballistic missile defense system

18 and each of its elements. The performance criteria may be

19 updated as necessary while the program and any follow20 on program remain in development.

21 ‘‘(2) The performance criteria prescribed for a block

22 under paragraph (1) shall include one or more criteria that

23 specifically describe, in relation to that block, the intended

24 effectiveness against foreign adversary capabilities, includ-
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1 ing a description of countermeasures, for which the system

2 is being designed as a defense.

3 ‘‘(c) OPERATIONAL TEST PLANS.—The Director of

4 Operational Test and Evaluation, in consultation with the

5 Director of the Missile Defense Agency, shall establish and

6 approve for each ballistic missile defense system element ap7 propriate plans and schedules for operational testing. The

8 test plans shall include an estimate of when successful per9 formance of the element in accordance with each perform10 ance criterion is to be verified by operational testing. The

11 test plans for a program may be updated as necessary while

12 the program and any follow-on program remain in develop13 ment.

14 ‘‘(d) ANNUAL TESTING PROGRESS.— The annual re15 port of the Director of Operational Test and Evaluation

16 required under section 232(h) of the National Defense Au17 thorization Act for Fiscal Year 2002 (Public Law 107–107;

18 10 U.S.C. 2431 note) shall include the following:

19 ‘‘(1) The test plans established under subsection

20 (c); and

21 ‘‘(2) An assessment of the progress being made

22 toward verifying through operational testing the per23 formance of the system under a missile defense system

24 program as measured by the performance criteria

25 prescribed for the program under subsection (b).
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1 ‘‘(e) FUTURE-YEARS DEFENSE PROGRAM.—The fu2 ture-years defense program submitted to Congress each year

3 under section 221 of this title shall include an estimate of

4 the amount necessary for procurement for each ballistic

5 missile defense system element, together with a discussion

6 of the underlying factors and reasoning justifying the esti7 mate.’’.

8 (2) The table of contents at the beginning of such chap9 ter 9 is amended by inserting after the item relating to sec10 tion 223 the following new item:

‘‘223a. Ballistic missile defense programs: procurement.’’.

11 (b) EXCEPTION FOR FIRST ASSESSMENT.—The first

12 assessment required under subsection (d) of section 223a of

13 title 10, United States Code (as added by subsection (a)),

14 shall be an interim assessment submitted to the Committees

15 on Armed Services of the Senate and the House of Rep16 resentatives not later than July 31, 2004.

17 SEC. 224. RENEWAL OF AUTHORITY TO ASSIST LOCAL COM18 MUNITIES IMPACTED BY BALLISTIC MISSILE

19 DEFENSE SYSTEM TEST BED.

20 Section 235(b) of the National Defense Authorization

21 Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.

22 1041) is amended—

23 (1) in paragraph (1), by inserting ‘‘, 2004, 2005,

24 or 2006’’ after ‘‘for fiscal year 2002’’; and
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1 (2) by adding at the end the following new para2 graph:

3 ‘‘(3) In the budget justification materials for the De4 partment of Defense that the Secretary of Defense submits

5 to Congress in connection with the submission of the budget

6 for fiscal year 2004, the budget for fiscal year 2005, and

7 the budget for fiscal year 2006 under section 1105(a) of title

8 31, United States Code, the Secretary shall include a de9 scription of the community assistance projects that are to

10 be supported in such fiscal year under this subsection and

11 an estimate of the total cost of each such project.’’.

12 SEC. 225. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF

13 CONGRESS FOR DESIGN, DEVELOPMENT, OR

14 DEPLOYMENT OF HIT-TO-KILL BALLISTIC MIS15 SILE INTERCEPTORS.

16 (a) No amount authorized to be appropriated by this

17 Act for research, development, test, and evaluation, Defense18 wide, and available for Ballistic Missile Defense System

19 Interceptors (PE 060886C), may be obligated or expended

20 to design, develop, or deploy hit-to-kill interceptors or other

21 weapons for placement in space unless specifically author22 ized by Congress.

23 (b) Of the amounts authorized to be appropriated for

24 fiscal year 2004 for Ballistic Missile Defense System Inter-
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1 ceptors, $14,000,000 is available for research and concept

2 definition for the space based test bed.

3 SEC. 226. PROHIBITION ON USE OF FUNDS FOR NUCLEAR

4 ARMED INTERCEPTORS IN MISSILE DEFENSE

5 SYSTEMS.

6 No funds authorized to be appropriated for the Depart7 ment of Defense by this Act may be obligated or expended

8 for research, development, test, and evaluation, procure9 ment, or deployment of nuclear armed interceptors in a

10 missile defense system.

11 Subtitle D—Other Matters

12 SEC. 231. GLOBAL RESEARCH WATCH PROGRAM IN THE OF13 FICE OF THE DIRECTOR OF DEFENSE RE14 SEARCH AND ENGINEERING.

15 Section 139a of title 10, United States Code, is amend16 ed by adding at the end the following new subsection:

17 ‘‘(c)(1) The Director shall carry out a Global Research

18 Watch program.

19 ‘‘(2) The goals of the program are as follows:

20 ‘‘(A) To monitor and analyze the basic and ap21 plied research activities and capabilities of foreign

22 nations in areas of military interest, including allies

23 and competitors.

24 ‘‘(B) To provide standards for comparison and

25 comparative analysis of research capabilities of for-
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1 eign nations in relation to the research capabilities of

2 the United States.

3 ‘‘(C) To assist Congress and Department of De4 fense officials in making investment decisions for re5 search in technical areas where the United States

6 may not be the global leader.

7 ‘‘(D) To identify areas where significant oppor8 tunities for cooperative research may exist.

9 ‘‘(E) To coordinate and promote the inter10 national cooperative research and analysis activities

11 of each of the armed forces and Defense Agencies.

12 ‘‘(F) To establish and maintain an electronic

13 database on international research capabilities, com14 parative assessments of capabilities, cooperative re15 search opportunities, and ongoing cooperative pro16 grams.

17 ‘‘(3) The program shall be focused on research and

18 technologies at a technical maturity level equivalent to De19 partment of Defense basic and applied research programs.

20 ‘‘(4) The Director shall coordinate the program with

21 the international cooperation and analysis activities of the

22 military departments and Defense Agencies.

23 ‘‘(5) Information in electronic databases of the Global

24 Research Watch program shall be maintained in unclassi-
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1 fied form and, as determined necessary by the Director, in

2 classified form in such databases.’’.

3 SEC. 232. DEFENSE ADVANCED RESEARCH PROJECTS AGEN4 CY BIENNIAL STRATEGIC PLAN.

5 (a) REQUIREMENT FOR PLAN.—(1) Subchapter II of

6 chapter 8 of title 10, United States Code, is amended by

7 inserting after section 201 the following new section:

8 ‘‘§ 202. Defense Advanced Research Projects Agency:

9 biennial strategic plan

10 ‘‘(a) REQUIREMENT FOR STRATEGIC PLAN.—(1)

11 Every other year, and in time for submission to Congress

12 under subsection (b), the Director of the Defense Advanced

13 Research Projects Agency shall prepare a strategic plan for

14 the activities of the agency.

15 ‘‘(2) The strategic plan shall include the following mat16 ters:

17 ‘‘(A) The long-term strategic goals of the agency.

18 ‘‘(B) Identification of the research programs that

19 support—

20 ‘‘(i) achievement of the strategic goals; and

21 ‘‘(ii) exploitation of opportunities that hold

22 the potential for yielding significant military

23 benefits.
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1 ‘‘(C) The connection of agency activities and

2 programs to activities and missions of the armed

3 forces.

4 ‘‘(D) A technology transition strategy for agency

5 programs.

6 ‘‘(E) An assessment of agency policies on the

7 management, organization, and personnel of the agen8 cy.

9 ‘‘(b) SUBMISSION OF PLAN TO CONGRESS.—The Sec10 retary of Defense shall submit the latest biennial strategic

11 plan of the Defense Advanced Research Projects Agency to

12 Congress at the same time that the President submits the

13 budget for an even-numbered year to Congress under section

14 1105(a) of title 31.

15 ‘‘(c) REVIEW PANEL.—(1) The Secretary of Defense

16 shall establish a panel to advise the Director of the Defense

17 Research Projects Agency on the preparation, content, and

18 execution of the biennial strategic plan.

19 ‘‘(2) The panel shall be composed of members ap20 pointed by the Secretary of Defense from among persons

21 who are experienced and knowledgeable in research activi22 ties of potential military value, as follows:

23 ‘‘(A) The principal staff assistant to the Director

24 of the Defense Advanced Research Projects Agency,

25 who shall serve as chairman of the panel.
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1 ‘‘(B) Three senior officers of the armed forces.

2 ‘‘(C) Three persons who are representative of—

3 ‘‘(i) private industry;

4 ‘‘(ii) academia; and

5 ‘‘(iii) federally funded research and develop6 ment centers or similar nongovernmental organi7 zations.

8 ‘‘(3) The members appointed under subparagraphs (B)

9 and (C) of paragraph (2) shall be appointed for a term

10 of two years. The members may be reappointed, except that

11 every two years the Secretary of Defense shall appoint a

12 replacement for at least one of the members appointed under

13 such subparagraph (B) and a replacement for at least one

14 of the members appointed under such subparagraph (C).

15 Any vacancy in the membership of the panel shall be filled

16 in the same manner as the original appointment.

17 ‘‘(4) The panel shall meet at the call of the Chairman.

18 ‘‘(5) The panel shall provide the Director of the Defense

19 Advanced Research Projects Agency with the following sup20 port:

21 ‘‘(A) Objective advice on—

22 ‘‘(i) the strategic plan; and

23 ‘‘(ii) the appropriate mix of agency sup24 ported research activities in technologies, includ25 ing system-level technologies, to address new and
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1 evolving national security requirements and in2 terests, and to fulfill the technology development

3 mission of the agency.

4 ‘‘(B) An assessment of the extent to which the

5 agency is successful in—

6 ‘‘(i) supporting missions of the armed

7 forces; and

8 ‘‘(ii) achieving the transition of technologies

9 into acquisition programs of the military de10 partments.

11 ‘‘(C) An assessment of agency policies on the

12 management, organization, and personnel of the agen13 cy, together with recommended modifications of such

14 policies that could improve the mission performance

15 of the agency.

16 ‘‘(D) Final approval of the biennial strategic

17 plan.

18 ‘‘(6) Members of the panel who are not officers or em19 ployees of the United States shall serve without pay by rea20 son of their work on the panel, and their services as mem21 bers may be accepted without regard to section 1342 of title

22 31. However, such members shall be allowed travel expenses,

23 including per diem in lieu of subsistence, at rates author24 ized for employees of agencies under subchapter I of chapter
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1 57 of title 5 while away from their homes or regular places

2 of business in the performance of services for the panel.

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

4 App.) shall not apply to the panel.’’.

5 (2) The table of sections at the beginning of such sub6 chapter is amended by inserting after the item relating to

7 section 201 the following new item:

‘‘202. Defense Advanced Research Projects Agency: biennial strategic plan.’’.

8 (b) INITIAL APPOINTMENTS TO REVIEW PANEL.—The

9 Secretary of Defense shall appoint the panel under sub10 section (c) of section 202 of title 10, United States Code

11 (as added by subsection (a)), not later than 60 days after

12 the date of the enactment of this Act.

13 SEC. 233. ENHANCEMENT OF AUTHORITY OF SECRETARY OF

14 DEFENSE TO SUPPORT SCIENCE, MATHE15 MATICS, ENGINEERING, AND TECHNOLOGY

16 EDUCATION.

17 Section 2192 of title 10, United States Code, is

18 amended—

19 (1) by redesignating subsection (b) as subsection

20 (c); and

21 (2) by inserting after subsection (a) the following

22 new subsection (b):

23 ‘‘(b)(1) In furtherance of the authority of the Secretary

24 of Defense under this chapter or any other provision of law

25 to support educational programs in science, mathematics,
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1 engineering, and technology, the Secretary of Defense

2 may—

3 ‘‘(A) enter into contracts and cooperative agree4 ments with eligible persons;

5 ‘‘(B) make grants of financial assistance to eligi6 ble persons;

7 ‘‘(C) provide cash awards and other items to eli8 gible persons; and

9 ‘‘(D) accept voluntary services from eligible per10 sons.

11 ‘‘(2) In this subsection:

12 ‘‘(A) The term ‘eligible person’ includes a depart13 ment or agency of the Federal Government, a State,

14 a political subdivision of a State, an individual, and

15 a not-for-profit or other organization in the private

16 sector.

17 ‘‘(B) The term ‘State’ means any State of the

18 United States, the District of Columbia, the Common19 wealth of Puerto Rico, Guam, the United States Vir20 gin Islands, the Commonwealth of the Northern Mar21 iana Islands, American Samoa, and any other terri22 tory or possession of the United States.’’.
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1 SEC. 234. DEPARTMENT OF DEFENSE HIGH-SPEED NET2 WORK-CENTRIC AND BANDWIDTH EXPANSION

3 PROGRAM.

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

5 carry out a program of research and development to pro6 mote greater bandwidth capability with high-speed net7 work-centric communications.

8 (b) PURPOSES OF ACTIVITIES.—The purposes of ac9 tivities required by subsection (a) are as follows:

10 (1) To facilitate the acceleration of the network11 centric operational capabilities of the Armed Forces,

12 including more extensive utilization of unmanned ve13 hicles, satellite communications, and sensors, through

14 the promotion of research and development, and the

15 focused coordination of programs, to fully achieve

16 high-bandwidth connectivity to military assets.

17 (2) To provide for the development of equipment

18 and technologies for military high-bandwidth net19 work-centric communications facilities.

20 (c) RESEARCH AND DEVELOPMENT PROGRAM.—(1) In

21 carrying out the program of research and development re22 quired by subsection (a)(1), the Secretary shall—

23 (A) identify areas of advanced wireless commu24 nications in which research and development, or the

25 leveraging of emerging technologies, has significant

26 potential to improve the performance, efficiency, cost,
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1 and flexibility of advanced network-centric commu2 nications systems;

3 (B) develop a coordinated plan for research and

4 development on—

5 (i) improved spectrum access through spec6 trum-efficient network-centric communications

7 systems;

8 (ii) networks, including complex ad hoc

9 adaptive network structures;

10 (iii) end user devices, including efficient re11 ceivers and transmitter devices;

12 (iv) applications, including robust security

13 and encryption; and

14 (v) any other matters that the Secretary

15 considers appropriate for purposes of this sec16 tion;

17 (C) ensure joint research and development, and

18 promote joint systems acquisition and deployment,

19 among the various services and Defense Agencies, in20 cluding the development of common cross-service tech21 nology requirements and doctrines, so as to enhance

22 interoperability among the various services and De23 fense Agencies;

24 (D) conduct joint experimentation among the

25 various Armed Forces, and coordinate with the Joint
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1 Forces Command, on experimentation to support net2 work-centric warfare capabilities to small units of the

3 Armed Forces; and

4 (E) develop, to the extent practicable and in con5 sultation with other Federal entities and private in6 dustry, cooperative research and development efforts.

7 (2) The Secretary shall carry out the program of re8 search and development through the Director of Defense Re9 search and Engineering, in full coordination with the Sec10 retaries of the military departments, the heads of appro11 priate Defense Agencies, and the heads of other appropriate

12 elements of the Department of Defense.

13 (d) REPORT.—(1) The Secretary shall, acting through

14 the Director of Defense Research and Engineering, submit

15 to the congressional defense committees a report on the ac16 tivities undertaken under this section as of the date of such

17 report. The report shall be submitted together with the budg18 et justification materials submitted to Congress in support

19 of the Department of Defense budget for fiscal year 2005

20 (as submitted with the budget of the President under section

21 1105(a) of title 31, United States Code).

22 (2) The report under paragraph (1) shall include—

23 (A) a description of the research and develop24 ment activities carried out under subsection (a), in-
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1 cluding particular activities under subsection

2 (c)(1)(B);

3 (B) an assessment of current and proposed fund4 ing for the activities set forth in each of clauses (i)

5 through (v) of subsection (c)(1)(B), including the ade6 quacy of such funding to support such activities;

7 (C) an assessment of the extent and success of

8 any joint research and development activities under

9 subsection (c)(1)(C);

10 (D) a description of any joint experimentation

11 activities under subsection (c)(1)(D);

12 (E) an assessment of the effects of limited com13 munications bandwidth, and of limited access to elec14 tromagnetic spectrum, on recent military operations;

15 and

16 (F) such recommendations for additional activi17 ties under this section as the Secretary considers ap18 propriate to meet the purposes of this section.

19 SEC. 235. DEPARTMENT OF DEFENSE STRATEGY FOR MAN20 AGEMENT OF ELECTROMAGNETIC SPECTRUM.

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

22 (1) in accordance with subsection (b), develop a

23 strategy for the Department of Defense for the man24 agement of the electromagnetic spectrum to improve
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1 spectrum access and high-bandwidth connectivity to

2 military assets; and

3 (2) in accordance with subsection (c), commu4 nicate with civilian departments and agencies of the

5 Federal Government in the development of the strat6 egy identified in paragraph (1).

7 (b) STRATEGY FOR DEPARTMENT OF DEFENSE SPEC8 TRUM MANAGEMENT.—(1) Not later than September 1,

9 2004, the Board shall develop a strategy for the Department

10 of Defense for the management of the electromagnetic spec11 trum in order to ensure the development and use of spec12 trum-efficient technologies to facilitate the availability of

13 adequate spectrum for network-centric warfare. The strat14 egy shall include specific timelines, metrics, plans for im15 plementation, including the implementation of technologies

16 for the efficient use of spectrum, and proposals for program

17 funding.

18 (2) In developing the strategy, the Board shall consider

19 and take into account the research and development pro20 gram carried out under section 234.

21 (3) The Board shall assist in updating the strategy de22 veloped under paragraph (1) on a biennial basis to address

23 changes in circumstances.

24 (4) The Board shall communicate with other depart25 ments and agencies of the Federal Government in the devel-
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1 opment of the strategy described in subsection (a)(1), in2 cluding representatives of the military departments, the

3 Federal Communications Commission, the National Tele4 communications and Information Administration, the De5 partment of Homeland Security, the Federal Aviation Ad6 ministration, and other appropriate departments and agen7 cies of the Federal Government.

8 (c) BOARD DEFINED.—In this section, the term

9 ‘‘Board’’ means the board of senior acquisition officials as

10 defined in section 822.

11 SEC. 236. AMOUNT FOR COLLABORATIVE INFORMATION

12 WARFARE NETWORK.

13 (a) AVAILABILITY OF FUNDS.—(1) Of the amount au14 thorized to be appropriated by section 201(2), for research

15 and development, Navy, $8,000,000 may be available for

16 the Collaborative Information Warfare Network.

17 (2) The total amount authorized to be appropriated

18 under section 201(2) is hereby increased by $8,000,000.

19 (b) OFFSET.—Of the amount authorized to be appro20 priated by section 301(4) for operation and maintenance,

21 Air Force, the amount is hereby reduced by $8,000,000.

22 SEC. 237. COPRODUCTION OF ARROW BALLISTIC MISSILE

23 DEFENSE SYSTEM.

24 Of the total amount authorized to be appropriated

25 under section 201 for ballistic missile defense, $115,000,000
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1 may be available for coproduction of the Arrow ballistic

2 missile defense system.

3 TITLE III—OPERATION AND

4 MAINTENANCE

5 Subtitle A—Authorization of

6 Appropriations

7 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

8 Funds are hereby authorized to be appropriated for fis9 cal year 2004 for the use of the Armed Forces and other

10 activities and agencies of the Department of Defense for ex11 penses, not otherwise provided for, for operation and main12 tenance, in amounts as follows:

13 (1) For the Army, $24,668,004,000.

14 (2) For the Navy, $28,051,390,000.

15 (3) For the Marine Corps, $3,416,356,000.

16 (4) For the Air Force, $26,975,231,000.

17 (5) For Defense-wide activities, $15,739,047,000.

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

19 (7) For the Naval Reserve, $1,170,421,000.

20 (8) For the Marine Corps Reserve, $173,452,000.

21 (9) For the Air Force Reserve, $2,178,688,000.

22 (10) For the Army National Guard,

23 $4,227,331,000.

24 (11) For the Air National Guard,

25 $4,405,646,000.
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1 (12) For the Defense Inspector General,

2 $160,049,000.

3 (13) For the United States Court of Appeals for

4 the Armed Forces, $10,333,000.

5 (14) For Environmental Restoration, Army,

6 $396,018,000.

7 (15) For Environmental Restoration, Navy,

8 $256,153,000.

9 (16) For Environmental Restoration, Air Force,

10 $384,307,000.

11 (17) For Environmental Restoration, Defense12 wide, $24,081,000.

13 (18) For Environmental Restoration, Formerly

14 Used Defense Sites, $252,619,000.

15 (19) For Overseas Humanitarian, Disaster, and

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

17 (20) For Drug Interdiction and Counter-drug

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

19 (21) For Defense Health Program,

20 $14,862,900,000.

21 (22) For Cooperative Threat Reduction pro22 grams, $450,800,000.

23 SEC. 302. WORKING CAPITAL FUNDS.

24 Funds are hereby authorized to be appropriated for fis25 cal year 2004 for the use of the Armed Forces and other
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1 activities and agencies of the Department of Defense for

2 providing capital for working capital and revolving funds

3 in amounts as follows:

4 (1) For the Defense Working Capital Funds,

5 $1,661,307,000.

6 (2) For the National Defense Sealift Fund,

7 $1,062,762,000.

8 SEC. 303. ARMED FORCES RETIREMENT HOME.

9 There is hereby authorized to be appropriated for fiscal

10 year 2004 from the Armed Forces Retirement Home Trust

11 Fund the sum of $65,279,000 for the operation of the Armed

12 Forces Retirement Home, including the Armed Forces Re13 tirement Home—Washington and the Armed Forces Retire14 ment Home—Gulfport.

15 Subtitle B—Program Requirements,

16 Restrictions, and Limitations

17 SEC. 311. EMERGENCY AND MORALE COMMUNICATIONS

18 PROGRAMS.

19 (a) ARMED FORCES EMERGENCY SERVICES.—Of the

20 amount authorized to be appropriated by section 301(5) for

21 operation and maintenance for Defense-wide activities,

22 $5,000,000 shall be made available to the American Red

23 Cross to fund the Armed Forces Emergency Services.

24 (b) DEPARTMENT OF DEFENSE MORALE TELE25 COMMUNICATIONS PROGRAM.—(1) As soon as possible after
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1 the date of enactment of this Act, the Secretary of Defense

2 shall establish and carry out a program to provide, wher3 ever practicable, prepaid phone cards, or an equivalent tele4 communications benefit which includes access to telephone

5 service, to members of the Armed Forces stationed outside

6 the United States who are directly supporting military op7 erations in Iraq or Afghanistan (as determined by the Sec8 retary) to enable them to make telephone calls to family

9 and friends in the United States without cost to the mem10 ber.

11 (2) The value of the benefit provided by paragraph (1)

12 shall not exceed $40 per month per person.

13 (3) The program established by paragraph (1) shall

14 terminate on September 30, 2004.

15 (4) In carrying out the program under this subsection,

16 the Secretary shall maximize the use of existing Department

17 of Defense telecommunications programs and capabilities,

18 private entities free or reduced-cost services, and programs

19 to enhance morale and welfare. In addition, and notwith20 standing any limitation on the expenditure or obligation

21 of appropriated amounts, the Secretary may use available

22 funds appropriated to or for the use of the Department of

23 Defense that are not otherwise obligated or expended to

24 carry out the program.
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1 (5) The Secretary may accept gifts and donations in

2 order to defray the costs of the program. Such gifts and

3 donations may be accepted from foreign governments; foun4 dations or other charitable organizations, including those

5 organized or operating under the laws of a foreign country;

6 and any source in the private sector of the United States

7 or a foreign country.

8 (6) The Secretary shall work with telecommunications

9 providers to facilitate the deployment of additional tele10 phones for use in calling the United States under the pro11 gram as quickly as practicable, consistent with the timely

12 provision of telecommunications benefits of the program, the

13 Secretary should carry out this subsection in a manner that

14 allows for competition in the provision of such benefits.

15 (7) The Secretary shall not take any action under this

16 subsection that would compromise the military objectives or

17 mission of the Department of Defense.

18 SEC. 312. COMMERCIAL IMAGERY INDUSTRIAL BASE.

19 (a) LIMITATION.—Not less than ninety percent of the

20 total amount authorized to be appropriated under this title

21 for the acquisition, processing, and licensing of commercial

22 imagery, including amounts authorized to be appropriated

23 under this title for experimentation related to commercial

24 imagery, shall be used for the following purposes:
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1 (1) To acquire space-based imagery from com2 mercial sources.

3 (2) To support the development of next-genera4 tion commercial imagery satellites.

5 (b) REPORT.—(1) Not later than March 1, 2004, the

6 Secretary of Defense shall submit to the Committees on

7 Armed Services of the Senate and the House of Representa8 tives a report on the actions taken and to be taken by the

9 Secretary to implement the President’s commercial remote

10 sensing policy. The Secretary shall consult with the Director

11 of Central Intelligence in preparing the report.

12 (2) The report under paragraph (1) shall include an

13 assessment of the following matters:

14 (A) The sufficiency of the policy, the funding for

15 fiscal year 2004 for the procurement of imagery from

16 commercial sources, and the funding planned in the

17 future-years defense program for the procurement of

18 imagery from commercial sources to sustain a viable

19 commercial imagery industrial base in the United

20 States.

21 (B) The extent to which the United States policy

22 and programs relating to the procurement of imagery

23 from commercial sources are sufficient to ensure that

24 imagery is available to the Department of Defense

25 from United States commercial firms to timely meet
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1 the needs of the Department of Defense for the im2 agery.

3 SEC. 313. INFORMATION OPERATIONS SUSTAINMENT FOR

4 LAND FORCES READINESS OF ARMY RE5 SERVE.

6 (a) INCREASE IN AUTHORIZATION OF APPROPRIA7 TIONS FOR ARMY RESERVE.—The amount authorized to be

8 appropriated by section 301(6) for operation and mainte9 nance for the Army Reserve is hereby increased by

10 $3,000,000.

11 (b) AVAILABILITY FOR INFORMATION OPERATIONS

12 SUSTAINMENT.—(1) Of the amount authorized to be appro13 priated by section 301(6) for operation and maintenance

14 for the Army Reserve, as increased by subsection (a),

15 $3,000,000 may be available for Information Operations

16 (Account #19640) for Land Forces Readiness–Information

17 Operations Sustainment.

18 (2) The amount available under paragraph (1) for the

19 purpose specified in that paragraph is in addition to any

20 other amounts available under this Act for that purpose.

21 (c) OFFSET.—The amount authorized to be appro22 priated by section 301(4) for operation and maintenance

23 for the Air Force is hereby reduced by $3,000,000.
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1 SEC. 314. SUBMITTAL OF SURVEY ON PERCHLORATE CON2 TAMINATION AT DEPARTMENT OF DEFENSE

3 SITES.

4 (a) SUBMITTAL OF PERCHLORATE SURVEY.—Not later

5 than 30 days after the date of the enactment of this Act,

6 the Secretary of Defense shall submit to the appropriate

7 committees of Congress the 2001 survey to identify the po8 tential for perchlorate contamination at all active and

9 closed Department of Defense sites that was prepared by

10 the United States Air Force Research Laboratory, Aero11 space Expeditionary Force Technologies Division, Tyndall

12 Air Force Base and Applied Research Associates.

13 (b) APPROPRIATE COMMITTEES OF CONGRESS DE14 FINED.—In this section, the term ‘‘appropriate committees

15 of Congress’’ means—

16 (1) the Committee on Environment and Public

17 Works of the Senate; and

18 (2) the Committee on Energy and Commerce of

19 the House of Representatives.

20 Subtitle C—Environmental

21 Provisions

22 SEC. 321. GENERAL DEFINITIONS APPLICABLE TO FACILI23 TIES AND OPERATIONS.

24 (a) GENERAL DEFINITIONS APPLICABLE TO FACILI25 TIES AND OPERATIONS.—Section 101 of title 10, United

26 States Code, is amended—
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1 (1) by redesignating subsections (e) and (f) as

2 subsections (f) and (g), respectively; and

3 (2) by inserting after subsection (d) the following

4 new subsection (e):

5 ‘‘(e) FACILITIES AND OPERATIONS.—The following

6 definitions relating to facilities and operations shall apply

7 in this title:

8 ‘‘(1)(A) The term ‘military munitions’ means all

9 ammunition products and components produced for

10 or used by the armed forces for national defense and

11 security, including ammunition products or compo12 nents under the control of the Department of Defense,

13 the Coast Guard, the Department of Energy, and the

14 National Guard. The term includes confined gaseous,

15 liquid, and solid propellants, explosives, pyrotechnics,

16 chemical and riot control agents, smokes, and incen17 diaries, including bulk explosives and chemical war18 fare agents, chemical munitions, rockets, guided and

19 ballistic missiles, bombs, warheads, mortar rounds,

20 artillery ammunition, small arms ammunition, gre21 nades, mines, torpedoes, depth charges, cluster muni22 tions and dispensers, demolition charges, and devices

23 and components thereof.

24 ‘‘(B) The term does not include wholly inert

25 items, improvised explosive devices, and nuclear
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1 weapons, nuclear devices, and nuclear components,

2 except that the term does include nonnuclear compo3 nents of nuclear devices that are managed under the

4 nuclear weapons program of the Department of En5 ergy after all required sanitization operations under

6 the Atomic Energy Act of 1954 (42 U.S.C. 2011 et

7 seq.) have been completed.

8 ‘‘(2) The term ‘operational range’ means a range

9 under the jurisdiction, custody, or control of the Sec10 retary concerned that—

11 ‘‘(A) is used for range activities; or

12 ‘‘(B) is not currently used for range activi13 ties, but is still considered by the Secretary con14 cerned to be a range and has not been put to a

15 new use that is incompatible with range activi16 ties.

17 ‘‘(3) The term ‘range’ means a designated land

18 or water area that is set aside, managed, and used for

19 range activities. The term includes firing lines and

20 positions, maneuver areas, firing lanes, test pads, det21 onation pads, impact areas, electronic scoring sites,

22 and buffer zones with restricted access and exclu23 sionary areas. The term also includes airspace areas

24 designated for military use according to regulations

25 and procedures established by the Federal Aviation
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1 Administration such as special use airspace areas,

2 military training routes, and other associated air3 space.

4 ‘‘(4) The term ‘range activities’ means—

5 ‘‘(A) research, development, testing, and

6 evaluation of military munitions, other ord7 nance, and weapons systems; and

8 ‘‘(B) the training of military personnel in

9 the use and handling of military munitions,

10 other ordnance, and weapons systems.

11 ‘‘(5) The term ‘unexploded ordnance’ means

12 military munitions that—

13 ‘‘(A) have been primed, fused, armed, or

14 otherwise prepared for action;

15 ‘‘(B) have been fired, dropped, launched,

16 projected, or placed in such a manner as to con17 stitute a hazard to operations, installations, per18 sonnel, or material; and

19 ‘‘(C) remain unexploded either by malfunc20 tion, design, or any other cause.’’.

21 (b) CONFORMING AMENDMENTS.—Section 2710(e) of

22 such title is amended by striking paragraphs (3), (5), and

23 (9) and redesignating paragraphs (4), (6), (7), (8), and

24 (10) as paragraphs (3), (4), (5), (6), and (7), respectively.
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1 SEC. 322. MILITARY READINESS AND CONSERVATION OF

2 PROTECTED SPECIES.

3 (a) IN GENERAL.—Part III of subtitle A of title 10,

4 United States Code, is amended by inserting after chapter

5 101 the following new chapter:

6 ‘‘CHAPTER 101A—READINESS AND RANGE

7 PRESERVATION

‘‘Sec.

‘‘2020. Military readiness and conservation of protected species.

8 ‘‘§ 2020. Military readiness and conservation of pro9 tected species

10 ‘‘(a) LIMITATION ON DESIGNATION OF CRITICAL HABI11 TAT.—The Secretary of the Interior may not designate as

12 critical habitat any lands or other geographical areas

13 owned or controlled by the Department of Defense, or des14 ignated for its use, that are subject to an integrated natural

15 resources management plan prepared under section 101 of

16 the Sikes Act (16 U.S.C. 670a), if the Secretary of the Inte17 rior determines in writing that—

18 ‘‘(1) the management activities identified in the

19 plan will effectively conserve the threatened species

20 and endangered species within the lands or areas cov21 ered by the plan; and

22 ‘‘(2) the plan provides assurances that adequate

23 funding will be provided for such management activi24 ties.
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1 ‘‘(b) CONSTRUCTION WITH CONSULTATION REQUIRE2 MENT.—Nothing in subsection (a) may be construed to af3 fect the requirement to consult under section 7(a)(2) of the

4 Endangered Species Act (16 U.S.C. 1536(a)(2)) with re5 spect to an agency action (as that term is defined in that

6 section).’’.

7 (b) CLERICAL AMENDMENTS.—The table of chapters at

8 the beginning of subtitle A of title 10, United States Code,

9 and at the beginning of part III of such subtitle, are each

10 amended by inserting after the item relating to chapter 101

11 the following new item:

‘‘101A. Readiness and Range Preservation ................................. 2020’’.

12 SEC. 323. ARCTIC AND WESTERN PACIFIC ENVIRONMENTAL

13 TECHNOLOGY COOPERATION PROGRAM.

14 (a) IN GENERAL.—Subchapter II of chapter 138 of

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

16 end the following new section:

17 ‘‘§ 2350m. Arctic and Western Pacific Environmental

18 Technology Cooperation Program

19 ‘‘(a) AUTHORITY TO CONDUCT PROGRAM.—The Sec20 retary of Defense may, with the concurrence of the Secretary

21 of State, conduct on a cooperative basis with countries lo22 cated in the Arctic and Western Pacific regions a program

23 of environmental activities provided for in subsection (b)

24 in such regions. The program shall be known as the ‘Arctic
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1 and Western Pacific Environmental Technology Coopera2 tion Program’.

3 ‘‘(b) PROGRAM ACTIVITIES.—(1) Except as provided

4 in paragraph (3), activities under the program under sub5 section (a) may include cooperation and assistance among

6 elements of the Department of Defense and military depart7 ments or relevant agencies of other countries on activities

8 that contribute to the demonstration of environmental tech9 nology.

10 ‘‘(2) Activities under the program shall be consistent

11 with the requirements of the Cooperative Threat Reduction

12 program.

13 ‘‘(3) Activities under the program may not include ac14 tivities for purposes prohibited under section 1403 of the

15 National Defense Authorization Act for Fiscal Year 1998

16 (Public Law 105–85; 111 Stat. 1960).

17 ‘‘(c) LIMITATION ON FUNDING FOR PROJECTS OTHER

18 THAN RADIOLOGICAL PROJECTS.—Not more than 10 per19 cent of the amount made available for the program under

20 subsection (a) in any fiscal year may be available for

21 projects under the program other than projects on radio22 logical matters.

23 ‘‘(d) ANNUAL REPORT.—(1) Not later than March 1,

24 2004, and each year thereafter, the Secretary of Defense

25 shall submit to Congress a report on activities under the
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1 program under subsection (a) during the preceding fiscal

2 year.

3 ‘‘(2) The report on the program for a fiscal year under

4 paragraph (1) shall include the following:

5 ‘‘(A) A description of the activities carried out

6 under the program during that fiscal year, including

7 a separate description of each project under the pro8 gram.

9 ‘‘(B) A statement of the amounts obligated and

10 expended for the program during that fiscal year, set

11 forth in aggregate and by project.

12 ‘‘(C) A statement of the life cycle costs of each

13 project, including the life cycle costs of such project as

14 of the end of that fiscal year and an estimate of the

15 total life cycle costs of such project upon completion

16 of such project.

17 ‘‘(D) A statement of the participants in the ac18 tivities carried out under the program during that

19 fiscal year, including the elements of the Department

20 of Defense and the military departments or agencies

21 of other countries.

22 ‘‘(E) A description of the contributions of the

23 military departments and agencies of other countries

24 to the activities carried out under the program during
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1 that fiscal year, including any financial or other con2 tributions to such activities.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of that subchapter is amended by adding at

5 the end the following new item:

‘‘2350m. Arctic and Western Pacific Environmental Technology Cooperation Program.’’.

6 SEC. 324. PARTICIPATION IN WETLAND MITIGATION BANKS

7 IN CONNECTION WITH MILITARY CONSTRUC8 TION PROJECTS.

9 (a) AUTHORITY TO PARTICIPATE.—Chapter 159 of

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

11 end the following new section:

12 ‘‘§ 2697. Participation in wetland mitigation banks

13 ‘‘(a) AUTHORITY TO PARTICIPATE.—In the case of a

14 military construction project that results, or may result, in

15 the destruction of or impacts to wetlands, the Secretary con16 cerned may make one or more payments to a wetland miti17 gation banking program or consolidated user site (also re18 ferred to as an ‘in-lieu-fee’ program) meeting the require19 ment of subsection (b) in lieu of creating a wetland on Fed20 eral property as mitigation for the project.

21 ‘‘(b) APPROVAL OF PROGRAM OR SITE REQUIRED.—

22 The Secretary concerned may make a payment to a pro23 gram or site under subsection (a) only if the program or

24 site is approved in accordance with the Federal Guidance
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1 for the Establishment, Use, and Operation of Mitigation

2 Banks or the Federal Guidance on the Use of In-Lieu-Fee

3 Arrangements for Compensatory Mitigation under section

4 404 of the Federal Water Pollution Control Act (33 U.S.C.

5 1344) or section 10 of the Rivers and Harbors Appropria6 tions Act of 1899 (33 U.S.C. 403).

7 ‘‘(c) AVAILABILITY OF FUNDS.—Amounts authorized

8 to be appropriated for a military construction project for

9 which a payment is authorized by subsection (a) may be

10 utilized for purposes of making the payment.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections at

12 the beginning of such chapter is amended by adding at the

13 end the following new item:

‘‘2697. Participation in wetland mitigation banks.’’.

14 SEC. 325. EXTENSION OF AUTHORITY TO USE ENVIRON15 MENTAL RESTORATION ACCOUNT FUNDS FOR

16 RELOCATION OF A CONTAMINATED FACILITY.

17 Section 2703(c)(2) of title 10, United States Code, is

18 amended by striking ‘‘September 30, 2003’’ and inserting

19 ‘‘September 30, 2006’’.

20 SEC. 326. APPLICABILITY OF CERTAIN PROCEDURAL AND

21 ADMINISTRATIVE REQUIREMENTS TO RES22 TORATION ADVISORY BOARDS.

23 Section 2705(d)(2) of title 10, United States Code, is

24 amended by adding at the end the following new subpara25 graph:
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1 ‘‘(C)(i) Section 10(a)(2) of the Federal Advisory Com2 mittee Act (5 U.S.C. App.), relating to publication in the

3 Federal Register of notices of meetings of advisory commit4 tees, shall not apply to any meeting of a restoration advi5 sory board under this subsection, but a restoration advisory

6 board shall publish timely notice of each meeting of the res7 toration advisory board in a local newspaper of general cir8 culation.

9 ‘‘(ii) No limitation under any provision of law or reg10 ulations on the total number of advisory committees (as

11 that term is defined in section 3(2) of the Federal Advisory

12 Committee Act) in existence at any one time shall operate

13 to limit the number of restoration advisory boards in exist14 ence under this subsection at any one time.’’.

15 SEC. 327. EXPANSION OF AUTHORITIES ON USE OF VESSELS

16 STRICKEN FROM THE NAVAL VESSEL REG17 ISTER FOR EXPERIMENTAL PURPOSES.

18 (a) EXPANSION OF AUTHORITIES.—Subsection (b) of

19 section 7306a of title 10, United States Code, is amended

20 to read as follows:

21 ‘‘(b) STRIPPING AND ENVIRONMENTAL REMEDIATION

22 OF VESSELS.—(1) Before using a vessel for experimental

23 purposes pursuant to subsection (a), the Secretary shall

24 carry out such stripping of the vessel as is practicable and
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1 such environmental remediation of the vessel as is required

2 for the use of the vessel for experimental purposes.

3 ‘‘(2) Material and equipment stripped from a vessel

4 under paragraph (1) may be sold by the contractor or by

5 a sales agent approved by the Secretary.

6 ‘‘(3) Amounts received as proceeds from the stripping

7 of a vessel pursuant to this subsection shall be credited to

8 funds available for stripping and environmental remedi9 ation of other vessels for use for experimental purposes.’’.

10 (b) INCLUSION OF CERTAIN PURPOSES IN USE FOR

11 EXPERIMENTAL PURPOSES.—That section is further

12 amended by adding at the end the following new subsection:

13 ‘‘(c) USE FOR EXPERIMENTAL PURPOSES.—For pur14 poses of this section, the term ‘use for experimental pur15 poses’, in the case of a vessel, includes use of the vessel by

16 the Navy in sink exercises and as a target.’’.

17 SEC. 328. TRANSFER OF VESSELS STRICKEN FROM THE

18 NAVAL VESSEL REGISTER FOR USE AS ARTIFI19 CIAL REEFS.

20 (a) AUTHORITY TO MAKE TRANSFER.—Chapter 633

21 of title 10, United States Code, is amended by inserting

22 after section 7306a the following new section:
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1 ‘‘§ 7306b. Vessels stricken from Naval Vessel Register;

2 transfer by gift or otherwise for use as ar3 tificial reefs

4 ‘‘(a) AUTHORITY TO MAKE TRANSFER.—Subject to

5 subsection (b), the Secretary of the Navy may transfer, by

6 gift or otherwise, any vessel stricken from the Naval Vessel

7 Register to any State, Commonwealth, or possession of the

8 United States or any municipal corporation or political

9 subdivision thereof.

10 ‘‘(b) INAPPLICABILITY TO CERTAIN VESSELS.—The

11 authority in subsection (a) shall not apply to vessels trans12 ferable to the Maritime Administration for disposal under

13 section 548 of title 40.

14 ‘‘(c) VESSEL TO BE USED AS ARTIFICIAL REEF.—An

15 agreement for the transfer of a vessel under subsection (a)

16 shall require that—

17 ‘‘(1) the recipient use, site, construct, monitor,

18 and manage the vessel only as an artificial reef in ac19 cordance with the requirements of the National Fish20 ing Enhancement Act of 1984 (title II of Public Law

21 98–623; 33 U.S.C. 2101 et seq.), except that the re22 cipient may use the artificial reef to enhance diving

23 opportunities if such use does not have an adverse ef24 fect on fishery resources (as that term is defined in

25 section 2(14) of the Magnuson-Stevens Fishery Con-
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1 servation and Management Act (16 U.S.C. 1802(14));

2 and

3 ‘‘(2) the recipient obtain, and bear all responsi4 bility for complying with, applicable Federal, State,

5 interstate, and local permits for using, siting, con6 structing, monitoring, and managing the vessel as an

7 artificial reef.

8 ‘‘(d) PREPARATION OF VESSEL FOR USE AS ARTIFI9 CIAL REEF.—The Secretary shall ensure that the prepara10 tion of a vessel transferred under subsection (a) for use as

11 an artificial reef is conducted in accordance with—

12 ‘‘(1) the environmental best management prac13 tices developed pursuant to section 3504(b) of the Bob

14 Stump National Defense Authorization Act for Fiscal

15 Year 2003 (Public Law 107–314; 16 U.S.C. 1220

16 note); and

17 ‘‘(2) any applicable environmental laws.

18 ‘‘(e) COST SHARING.—The Secretary may share with

19 the recipient of a vessel transferred under subsection (a) any

20 costs associated with transferring the vessel under that sub21 section, including costs of the preparation of the vessel

22 under subsection (d).

23 ‘‘(f) NO LIMITATION ON NUMBER OF VESSELS TRANS24 FERABLE TO PARTICULAR RECIPIENT.—A State, Common25 wealth, or possession of the United States, or any municipal
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1 corporation or political subdivision thereof, may be the re2 cipient of more than one vessel transferred under subsection

3 (a).

4 ‘‘(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec5 retary may require such additional terms and conditions

6 in connection with a transfer authorized by subsection (a)

7 as the Secretary considers appropriate.

8 ‘‘(h) CONSTRUCTION.—Nothing in this section shall be

9 construed to establish a preference for the use as artificial

10 reefs of vessels stricken from the Naval Vessel Register in

11 lieu of other authorized uses of such vessels, including the

12 domestic scrapping of such vessels, or other disposals of such

13 vessels, under this chapter or other applicable authority.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections at

15 the beginning of such chapter is amended by inserting after

16 the item relating to section 7306a the following new item:

‘‘7306b. Vessels stricken from Naval Vessel Register; transfer by gift or otherwise

for use as artificial reefs.’’.

17 SEC. 329. SALVAGE FACILITIES.

18 (a) FACILITIES TO INCLUDE ENVIRONMENTAL PRO19 TECTION EQUIPMENT.—Section 7361(a) of title 10, United

20 States Code, is amended—

21 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;

22 and

23 (2) by adding at the end the following new para24 graph:
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1 ‘‘(2) For purposes of this section, salvage facilities

2 shall include equipment and gear utilized to prevent, abate,

3 or minimize damage to the environment arising from sal4 vage activities.’’.

5 (b) CLAIMS TO INCLUDE COMPENSATION FOR ENVI6 RONMENTAL PROTECTION.—Section 7363 of such title is

7 amended—

8 (1) by inserting ‘‘(a) AUTHORITY TO SETTLE

9 CLAIMS.—’’ before ‘‘The Secretary’’; and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(b) ENVIRONMENTAL PROTECTION SERVICES.—A

13 claim for salvage services covered by subsection (a) may in14 clude, in addition to a claim for such salvage services, a

15 claim for compensation for services to prevent, abate, or

16 minimize damage to the environment arising from such sal17 vage services.’’.

18 SEC. 330. TASK FORCE ON RESOLUTION OF CONFLICT BE19 TWEEN MILITARY TRAINING AND ENDAN20 GERED SPECIES PROTECTION AT BARRY M.

21 GOLDWATER RANGE, ARIZONA.

22 (a) PURPOSE.—The purpose of this section is to facili23 tate the determination of effective means of resolving the

24 current conflict between the dual objectives at Barry M.

25 Goldwater Range, Arizona, of the full utilization of live ord-
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1 nance delivery areas for military training and the protec2 tion of endangered species.

3 (b) TASK FORCE.—The Secretary of Defense shall es4 tablish a task force to determine and assess various means

5 of enabling full use of the live ordnance delivery areas at

6 Barry M. Goldwater Range while also protecting endan7 gered species that are present at Barry M. Goldwater

8 Range.

9 (c) COMPOSITION.—(1) The task force established

10 under subsection (b) shall be composed of the following:

11 (A) The Air Force range officer, who shall serve

12 as chair of the task force.

13 (B) The range officer at Barry M. Goldwater

14 Range.

15 (C) The commander of Luke Air Force Base, Ar16 izona.

17 (D) The commander of Marine Corps Air Sta18 tion, Yuma, Arizona.

19 (E) The Director of the United States Fish and

20 Wildlife Service.

21 (F) The manager of the Cabeza Prieta National

22 Wildlife Refuge, Arizona.

23 (G) A representative of the Department of Game

24 and Fish of the State of Arizona, as selected by the
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1 Secretary in consultation with the Governor of the

2 State of Arizona.

3 (H) A representative of a wildlife interest group

4 in the State of Arizona, as selected by the Secretary

5 in consultation with wildlife interest groups in the

6 State of Arizona.

7 (I) A representative of an environmental interest

8 group (other than a wildlife interest group) in the

9 State of Arizona, as selected by the Secretary in con10 sultation with environmental interest groups in the

11 State of Arizona.

12 (2) The chair of the task force may secure for the task

13 force the services of such experts with respect to the duties

14 of the task force under subsection (d) as the chair considers

15 advisable to carry out such duties.

16 (d) DUTIES.—The task force established under sub17 section (b) shall—

18 (1) assess the effects of the presence of endangered

19 species on military training activities in the live ord20 nance delivery areas at Barry M. Goldwater Range

21 and in any other areas of the range that are adversely

22 effected by the presence of endangered species;

23 (2) determine various means of addressing any

24 significant adverse effects on military training activi-
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1 ties on Barry M. Goldwater Range that are identified

2 pursuant to paragraph (1); and

3 (3) determine the benefits and costs associated

4 with the implementation of each means identified

5 under paragraph (2).

6 (e) REPORT.—Not later than February 28, 2005, the

7 task force under subsection (b) shall submit to Congress a

8 report on its activities under this section. The report shall

9 include—

10 (1) a description of the assessments and deter11 minations made under subsection (d);

12 (2) such recommendations for legislative and ad13 ministrative action as the task force considers appro14 priate; and

15 (3) an evaluation of the utility of task force pro16 ceedings as a means of resolving conflicts between

17 military training objectives and protection of endan18 gered species at other military training and testing

19 ranges.

20 SEC. 331. PUBLIC HEALTH ASSESSMENT OF EXPOSURE TO

21 PERCHLORATE.

22 (a) EPIDEMIOLOGICAL STUDY OF EXPOSURE TO PER23 CHLORATE.—
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1 (1) IN GENERAL.—The Secretary of Defense shall

2 provide for an independent epidemiological study of

3 exposure to perchlorate in drinking water.

4 (2) PERFORMANCE OF STUDY.—The Secretary

5 shall provide for the performance of the study under

6 this subsection through the Centers for Disease Con7 trol, the National Institutes of Health, or another

8 Federal entity with experience in environmental toxi9 cology selected by the Secretary for purposes of the

10 study.

11 (3) MATTERS TO BE INCLUDED IN STUDY.—In

12 providing for the study under this subsection, the Sec13 retary shall require the Federal entity conducting the

14 study—

15 (A) to assess the incidence of thyroid disease

16 and measurable effects of thyroid function in re17 lation to exposure to perchlorate;

18 (B) to ensure that the study is of sufficient

19 scope and scale to permit the making of mean20 ingful conclusions of the measurable public

21 health threat associated with exposure to per22 chlorate, especially the threat to sensitive sub23 populations; and

24 (C) to study thyroid function, including

25 measurements of urinary iodine and thyroid
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1 hormone levels, in a sufficient number of preg2 nant women, neonates, and infants exposed to

3 perchlorate in drinking water and match meas4 urements of perchlorate levels in the drinking

5 water of each study participant in order to per6 mit the development of meaningful conclusions

7 on the public health threat to individuals ex8 posed to perchlorate.

9 (4) REPORT ON STUDY.—The Secretary shall re10 quire the Federal entity conducting the study under

11 this subsection to submit to the Secretary a report on

12 the study not later than June 1, 2005.

13 (b) REVIEW OF EFFECTS OF PERCHLORATE ON ENDO14 CRINE SYSTEM.—

15 (1) IN GENERAL.—The Secretary shall provide

16 for an independent review of the effects of perchlorate

17 on the human endocrine system.

18 (2) PERFORMANCE OF REVIEW.—The Secretary

19 shall provide for the performance of the review under

20 this subsection through the Centers for Disease Con21 trol, the National Institutes of Health, or another ap22 propriate Federal research entity with experience in

23 human endocrinology selected by the Secretary for

24 purposes of the review. The Secretary shall ensure
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1 that the panel conducting the review is composed of

2 individuals with expertise in human endocrinology.

3 (3) MATTERS TO BE INCLUDED IN REVIEW.—In

4 providing for the review under this subsection, the

5 Secretary shall require the Federal entity conducting

6 the review to assess—

7 (A) available data on human exposure to

8 perchlorate, including clinical data and data on

9 exposure of sensitive subpopulations, and the lev10 els at which health effects were observed; and

11 (B) available data on other substances that

12 have endocrine effects similar to perchlorate to

13 which the public is frequently exposed.

14 (4) REPORT ON REVIEW.—The Secretary shall

15 require the Federal entity conducting the review

16 under this subsection to submit to the Secretary a re17 port on the review not later than June 1, 2005.
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1 Subtitle D—Reimbursement

2 Authorities

3 SEC. 341. REIMBURSEMENT OF RESERVE COMPONENT MILI4 TARY PERSONNEL ACCOUNTS FOR PER5 SONNEL COSTS OF SPECIAL OPERATIONS RE6 SERVE COMPONENT PERSONNEL ENGAGED

7 IN LANDMINES CLEARANCE.

8 (a) REIMBURSEMENT.—Funds authorized to be appro9 priated under section 301 for Overseas Humanitarian, Dis10 aster, and Civic Aid programs shall be available for transfer

11 to reserve component military personnel accounts in reim12 bursement of such accounts for the pay and allowances paid

13 to reserve component personnel under the United States

14 Special Operations Command for duty performed by such

15 personnel in connection with training and other activities

16 relating to the clearing of landmines for humanitarian pur17 poses.

18 (b) MAXIMUM AMOUNT.—Not more than $5,000,000

19 may be transferred under subsection (a).

20 (c) MERGER OF TRANSFERRED FUNDS.—Funds trans21 ferred to an account under this section shall be merged with

22 other sums in the account and shall be available for the

23 same period and purposes as the sums with which merged.
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1 (d) RELATIONSHIP TO OTHER TRANSFER AUTHOR2 ITY.—The transfer authority under this section is in addi3 tion to the transfer authority provided under section 1001.

4 SEC. 342. REIMBURSEMENT OF RESERVE COMPONENT AC5 COUNTS FOR COSTS OF INTELLIGENCE AC6 TIVITIES SUPPORT PROVIDED BY RESERVE

7 COMPONENT PERSONNEL.

8 (a) IN GENERAL.—Chapter 1805 of title 10, United

9 States Code, is amended by inserting after section 18502

10 the following new section:

11 ‘‘§ 18503. Reserve components: reimbursement for costs

12 of intelligence support provided by reserve

13 component personnel

14 ‘‘(a) REIMBURSEMENT REQUIREMENT.—The Sec15 retary of Defense or the Secretary concerned shall transfer

16 to the appropriate reserve component military personnel ac17 count or operation and maintenance account the amount

18 necessary to reimburse such account for the costs charged

19 that account for military pay and allowances or operation

20 and maintenance associated with the performance of duty

21 described in subsection (b) by reserve component personnel.

22 ‘‘(b) REIMBURSABLE COSTS.—The transfer require23 ment under subsection (a) applies with respect to the per24 formance of duty in providing intelligence support, counter25 intelligence support, or intelligence and counterintelligence
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1 support to a combatant command, Defense Agency, or joint

2 intelligence activity, including any activity or program

3 within the National Foreign Intelligence Program, the

4 Joint Military Intelligence Program, or the Tactical Intel5 ligence and Related Activities Program.

6 ‘‘(c) SOURCES OF REIMBURSEMENTS.—Funds avail7 able for operation and maintenance for the Army, Navy,

8 Air Force, or Marine Corps, for a combatant command, or

9 for a Defense Agency shall be available for transfer under

10 this section to military personnel accounts and operation

11 and maintenance accounts of the reserve components.

12 ‘‘(d) DISTRIBUTION TO UNITS.—Amounts reimbursed

13 to an account for duty performed by reserve component per14 sonnel shall be distributed to the lowest level unit or other

15 organization of such personnel that administers and is ac16 countable for the appropriated funds charged the costs that

17 are being reimbursed.

18 ‘‘(e) MERGER OF TRANSFERRED FUNDS.—Funds

19 transferred to an account under this section shall be merged

20 with other sums in the account and shall be available for

21 the same period and purposes as the sums with which

22 merged.’’.

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

24 the beginning of such chapter is amended inserting after

25 the item relating to section 18502 the following new item:
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‘‘18503. Reserve components: reimbursement for costs of intelligence support provided by reserve component personnel.’’.

1 SEC. 343. REIMBURSEMENT RATE FOR SERVICES PROVIDED

2 TO THE DEPARTMENT OF STATE.

3 (a) AUTHORITY.—Subsection (a) of section 2642 of

4 title 10, United States Code, is amended—

5 (1) by striking ‘‘(a) AUTHORITY’’ and all that

6 follows through ‘‘the Department of Defense’’ and in7 serting the following:

8 ‘‘(a) AUTHORITY.—The Secretary of Defense may au9 thorize the use of the Department of Defense reimbursement

10 rate for military airlift services provided by a component

11 of the Department of Defense as follows:

12 ‘‘(1) Military airlift services provided’’; and

13 (2) by adding at the end the following new para14 graph:

15 ‘‘(2) Military airlift services provided to the De16 partment of State for the transportation of armored

17 motor vehicles to a foreign country to meet unfulfilled

18 requirements of the Department of State for armored

19 motor vehicles in such foreign country.’’.

20 (b) CONFORMING AND CLERICAL AMENDMENTS.—(1)

21 The heading for such section is amended to read as follows:
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1 ‘‘§ 2642. Reimbursement rate for airlift services pro2 vided to Central Intelligence Agency or

3 Department of State’’.

4 (2) The item relating to such section in the table of

5 sections at the beginning of chapter 157 of such title is

6 amended to read as follows:

‘‘2642. Reimbursement rate for airlift services provided to Central Intelligence

Agency or Department of State.’’.

7 (c) COSTS OF GOODS AND SERVICES PROVIDED TO

8 DEPARTMENT OF STATE.—For any fee charged to the De9 partment of Defense by the Department of State during any

10 year for the maintenance, upgrade, or construction of

11 United States diplomatic facilities, the Secretary of Defense

12 may remit to the Department of State only that portion,

13 if any, of the total amount of the fee charged for such year

14 that exceeds the total amount of the costs incurred by the

15 Department of Defense for providing goods and services to

16 the Department of State during such year.

17 Subtitle E—Defense Dependents

18 Education

19 SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

20 THAT BENEFIT DEPENDENTS OF MEMBERS

21 OF THE ARMED FORCES AND DEPARTMENT

22 OF DEFENSE CIVILIAN EMPLOYEES.

23 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

24 PROGRAM FOR FISCAL YEAR 2004.—Of the amount author-
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1 ized to be appropriated pursuant to section 301(5) for oper2 ation and maintenance for Defense-wide activities,

3 $30,000,000 shall be available only for the purpose of pro4 viding educational agencies assistance to local educational

5 agencies.

6 (b) NOTIFICATION.—Not later than June 30, 2004, the

7 Secretary of Defense shall notify each local educational

8 agency that is eligible for educational agencies assistance

9 for fiscal year 2004 of—

10 (1) that agency’s eligibility for the assistance;

11 and

12 (2) the amount of the assistance for which that

13 agency is eligible.

14 (c) DISBURSEMENT OF FUNDS.—The Secretary of De15 fense shall disburse funds made available under subsection

16 (a) not later than 30 days after the date on which notifica17 tion to the eligible local educational agencies is provided

18 pursuant to subsection (b).

19 (d) AVAILABILITY OF FUNDS FOR LOCAL EDU20 CATIONAL AGENCIES AFFECTED BY THE BROOKS AIR

21 FORCE BASE DEMONSTRATION PROJECT.—(1) Up to

22 $500,000 of the funds made available under subsection (a)

23 may (notwithstanding the limitation in such subsection)

24 also be used for making basic support payments for fiscal

25 year 2004 to a local educational agency that received a
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1 basic support payment for fiscal year 2003, but whose pay2 ment for fiscal year 2004 would be reduced because of the

3 conversion of Federal property to non-Federal ownership

4 under the Department of Defense infrastructure demonstra5 tion project at Brooks Air Force Base, Texas, and the

6 amounts of such basic support payments for fiscal year

7 2004 shall be computed as if the converted property were

8 Federal property for purposes of receiving the basic support

9 payments for the period in which the demonstration project

10 is ongoing, as documented by the local educational agency

11 to the satisfaction of the Secretary.

12 (2) If funds are used as authorized under paragraph

13 (1), the Secretary shall reduce the amount of any basic sup14 port payment for fiscal year 2004 for a local educational

15 agency described in paragraph (1) by the amount of any

16 revenue that the agency received during fiscal year 2002

17 from the Brooks Development Authority as a result of the

18 demonstration project described in paragraph (1).

19 (e) DEFINITIONS.—In this section:

20 (1) The term ‘‘educational agencies assistance’’

21 means assistance authorized under section 386(b) of

22 the National Defense Authorization Act for Fiscal

23 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

24 note).
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1 (2) The term ‘‘local educational agency’’ has the

2 meaning given that term in section 8013(9) of the El3 ementary and Secondary Education Act of 1965 (20

4 U.S.C. 7713(9)).

5 (3) The term ‘‘basic support payment’’ means a

6 payment authorized under section 8003(b(1)) of the

7 Elementary and Secondary Education Act of 1965

8 (20 U.S.C. 7703(b)(1)).

9 SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DIS10 ABILITIES.

11 Of the amount authorized to be appropriated pursuant

12 to section 301(5) for operation and maintenance for De13 fense-wide activities, $5,000,000 shall be available for pay14 ments under section 363 of the Floyd D. Spence National

15 Defense Authorization Act for Fiscal Year 2001 (as enacted

16 into law by Public Law 106–398; 114 Stat. 1654A–77; 20

17 U.S.C. 7703a).

18 Subtitle F—Other Matters

19 SEC. 361. SALE OF DEFENSE INFORMATION SYSTEMS AGEN20 CY SERVICES TO CONTRACTORS PER21 FORMING THE NAVY-MARINE CORPS

22 INTRANET CONTRACT.

23 (a) AUTHORITY.—The Secretary of Defense may sell

24 working-capital funded services of the Defense Information

25 Systems Agency to a person outside the Department of De-
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1 fense for use by that person in the performance of the Navy2 Marine Corps Intranet contract.

3 (b) REIMBURSEMENT.—The Secretary shall require re4 imbursement of each working-capital fund for the costs of

5 services sold under subsection (a) that were paid for out

6 of such fund. The sources of the reimbursement shall be the

7 appropriation or appropriations funding the Navy-Marine

8 Corps Intranet contract or any cash payments received by

9 the Secretary for the services.

10 (c) NAVY-MARINE CORPS INTRANET CONTRACT DE11 FINED.—In this section, the term ‘‘Navy-Marine Corps

12 Intranet contract’’ has the meaning given such term in sec13 tion 814 of the Floyd D. Spence National Defense Author14 ization Act for Fiscal Year 2001 (as enacted into law by

15 Public Law 106–398 (114 Stat. 1654A–217)).

16 SEC. 362. USE OF THE DEFENSE MODERNIZATION ACCOUNT

17 FOR LIFE CYCLE COST REDUCTION INITIA18 TIVES.

19 (a) FUNDS AVAILABLE FOR DEFENSE MODERNIZATION

20 ACCOUNT.—Section 2216 of title 10, United States Code is

21 amended—

22 (1) by striking subsection (c);

23 (2) by redesignating subsection (b) as subsection

24 (c); and
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1 (3) by inserting after subsection (a) the following

2 new subsection (b):

3 ‘‘(b) FUNDS AVAILABLE FOR ACCOUNT.—The Defense

4 Modernization Account shall consist of the following:

5 ‘‘(1) Amounts appropriated to the Defense Mod6 ernization Account for the costs of commencing

7 projects described in subsection (d)(1), and amounts

8 reimbursed to the Defense Modernization Account

9 under subsections (c)(1)(B)(iii) out of savings derived

10 from such projects.

11 ‘‘(2) Amounts transferred to the Defense Mod12 ernization Account under subsection (c).’’.

13 (b) START-UP FUNDING.—Subsection (d) of such sec14 tion is amended—

15 (1) by striking ‘‘available from the Defense Mod16 ernization Account pursuant to subsection (f) or (g)’’

17 and inserting ‘‘in the Defense Modernization Ac18 count’’;

19 (2) by redesignating paragraphs (1) and (2) as

20 paragraphs (2) and (3), respectively; and

21 (3) by inserting after ‘‘purposes:’’ the following

22 new paragraph (1):

23 ‘‘(1) For paying the costs of commencing any

24 project that, in accordance with criteria prescribed by

25 the Secretary of Defense, is undertaken by the Sec-
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1 retary of a military department or the head of a De2 fense Agency or other element of the Department of

3 Defense to reduce the life cycle cost of a new or exist4 ing system.’’.

5 (c) REIMBURSEMENT OF ACCOUNT OUT OF SAVINGS.—

6 (1) Paragraph (1)(B) of subsection (c) of such section, as

7 redesignated by subsection (a)(2), is amended by adding at

8 the end the following new clause:

9 ‘‘(iii) Unexpired funds in appropriations ac10 counts that are available for procurement or oper11 ation and maintenance of a system, if and to the ex12 tent that savings are achieved for such accounts

13 through reductions in life cycle costs of such system

14 that result from one or more projects undertaken with

15 respect to such systems with funds made available

16 from the Defense Modernization Account under sub17 section (b)(1).’’.

18 (2) Paragraph (2) of such subsection is amended by

19 inserting ‘‘, other than funds referred to in paragraph sub20 paragraph (B)(iii) of such paragraph,’’ after ‘‘Funds re21 ferred to in paragraph (1)’’.

22 (d) REGULATIONS.—Subsection (h) of such section is

23 amended—

24 (1) by inserting ‘‘(1)’’ after ‘‘COMPTROLLER.—

25 ’’; and
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1 (2) by adding at the end the following new para2 graph (2):

3 ‘‘(2) The regulations prescribed under paragraph (1)

4 shall, at a minimum, provide for—

5 ‘‘(A) the submission of proposals by the Secre6 taries concerned or heads of Defense Agencies or other

7 elements of the Department of Defense to the Comp8 troller for the use of Defense Modernization Account

9 funds for purposes set forth in subsection (d);

10 ‘‘(B) the use of a competitive process for the eval11 uation of such proposals and the selection of pro12 grams, projects, and activities to be funded out of the

13 Defense Modernization Account from among those

14 proposed for such funding; and

15 ‘‘(C) the calculation of—

16 ‘‘(i) the savings to be derived from projects

17 described in subsection (d)(1) that are to be

18 funded out of the Defense Modernization Ac19 count; and

20 ‘‘(ii) the amounts to be reimbursed to the

21 Defense Modernization Account out of such sav22 ings pursuant to subsection (c)(1)(B)(iii).’’.

23 (e) ANNUAL REPORT.—Subsection (i) of such section

24 is amended—
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1 (1) by striking ‘‘(i) QUARTERLY REPORTS.—(1)

2 Not later than 15 days after the end of each calendar

3 quarter,’’ and inserting ‘‘(i) ANNUAL REPORT.—(1)

4 Not later than 15 days after the end of each fiscal

5 year,’’; and

6 (2) in paragraph (1), by striking ‘‘quarter’’ in

7 subparagraphs (A), (B), and (C), and inserting ‘‘fis8 cal year’’.

9 (f) EXTENSION OF AUTHORITY.—Section 912(c)(1) of

10 the National Defense Authorization Act for Fiscal Year

11 1996 is amended—

12 (1) by striking ‘‘section 2216(b)’’ and inserting

13 ‘‘section 2216(c)’’; and

14 (2) by striking ‘‘September 30, 2003’’ and insert15 ing ‘‘September 30, 2006’’.

16 SEC. 363. EXEMPTION OF CERTAIN FIREFIGHTING SERVICE

17 CONTRACTS FROM PROHIBITION ON CON18 TRACTS FOR PERFORMANCE OF FIRE19 FIGHTING FUNCTIONS.

20 Section 2465(b) of title 10, United States Code, is

21 amended—

22 (1) in paragraph (2), by striking ‘‘or’’ at the

23 end;

24 (2) in paragraph (3), by striking the period and

25 inserting ‘‘; or’’; and
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1 (3) by adding at the end the following new para2 graph:

3 ‘‘(4) to a contract for the performance for fire4 fighting functions if the contract is—

5 ‘‘(A) for a period of one year or less; and

6 ‘‘(B) for the performance of firefighting

7 functions that would otherwise be performed by

8 military firefighters who are otherwise de9 ployed.’’.

10 SEC. 364. TECHNICAL AMENDMENT RELATING TO TERMI11 NATION OF SACRAMENTO ARMY DEPOT, SAC12 RAMENTO, CALIFORNIA.

13 Section 2466 of title 10, United States Code, is amend14 ed by striking subsection (d).

15 SEC. 365. EXCEPTION TO COMPETITION REQUIREMENT FOR

16 WORKLOADS PREVIOUSLY PERFORMED BY

17 DEPOT-LEVEL ACTIVITIES.

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

19 amended—

20 (1) in subsection (b), by inserting ‘‘, except as

21 provided in subsection (c)’’ before the period at the

22 end;

23 (2) by redesignating subsection (c) as subsection

24 (d); and
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1 (3) by inserting after subsection (b) the following

2 new subsection (c):

3 ‘‘(c) EXCEPTION.—Subsection (a) does not apply to

4 any depot-level maintenance and repair workload that is

5 performed by a public-private partnership under section

6 2474(b) of this title consisting of a depot-level activity and

7 a private entity.’’.

8 SEC. 366. SUPPORT FOR TRANSFERS OF DECOMMISSIONED

9 VESSELS AND SHIPBOARD EQUIPMENT.

10 (a) IN GENERAL.—Chapter 633 of title 10, United

11 States Code, is amended by adding at the end the following

12 new section:

13 ‘‘§ 7316. Support for transfers of decommissioned ves14 sels and shipboard equipment

15 ‘‘(a) AUTHORITY TO PROVIDE ASSISTANCE.—The Sec16 retary of the Navy may provide an entity described in sub17 section (b) with assistance in support of a transfer of a ves18 sel or shipboard equipment described in such subsection that

19 is being executed under section 2572, 7306, 7307, or 7545

20 of this title, or under any other authority.

21 ‘‘(b) COVERED VESSELS AND EQUIPMENT.—The au22 thority under this section applies—

23 ‘‘(1) in the case of a decommissioned vessel

24 that—
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1 ‘‘(A) is owned and maintained by the Navy,

2 is located at a Navy facility, and is not in active

3 use; and

4 ‘‘(B) is being transferred to an entity des5 ignated by the Secretary of the Navy or by law

6 to receive transfer of the vessel; and

7 ‘‘(2) in the case of any shipboard equipment

8 that—

9 ‘‘(A) is on a vessel described in paragraph

10 (1)(A); and

11 ‘‘(B) is being transferred to an entity des12 ignated by the Secretary of the Navy or by law

13 to receive transfer of the equipment.

14 ‘‘(c) REIMBURSEMENT.—The Secretary may require a

15 recipient of assistance under subsection (a) to reimburse the

16 Navy for amounts expended by the Navy in providing the

17 assistance.

18 ‘‘(d) DEPOSIT OF FUNDS RECEIVED.—Funds received

19 in a fiscal year under subsection (c) shall be credited to

20 the appropriation available for such fiscal year for oper21 ation and maintenance for the office of the Navy managing

22 inactive ships, shall be merged with other sums in the ap23 propriation that are available for such office, and shall be

24 available for the same purposes and period as the sums with

25 which merged.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by adding at the

3 end the following new item:

‘‘7316. Support for transfers of decommissioned vessels and shipboard equipment.’’.

4 SEC. 367. AIRCRAFT FOR PERFORMANCE OF AERIAL RE5 FUELING MISSION.

6 (a) RESTRICTION ON RETIREMENT OF KC–135E AIR7 CRAFT.—The Secretary of the Air Force shall ensure that

8 the number of KC–135E aircraft of the Air Force that are

9 retired in fiscal year 2004, if any, does not exceed 12 such

10 aircraft.

11 (b) REQUIRED ANALYSIS.—Not later than March 1,

12 2004, the Secretary of the Air Force shall submit to the con13 gressional defense committees an analysis of alternatives for

14 meeting the aerial refueling requirements that the Air Force

15 has the mission to meet. The Secretary shall provide for

16 the analysis to be performed by a federally funded research

17 and development center or another entity independent of

18 the Department of Defense.

19 SEC. 368. CONTRACTING WITH EMPLOYERS OF PERSONS

20 WITH DISABILITIES.

21 (a) INAPPLICABILITY OF RANDOLPH-SHEPPARD

22 ACT.—The Randolph-Sheppard Act does not apply to any

23 contract described in subsection (b) for so long as the con24 tract is in effect, including for any period for which the
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1 contract is extended pursuant to an option provided in the

2 contract.

3 (b) JAVITS-WAGNER-O’DAY CONTRACTS.—Subsection

4 (a) applies to any contract for the operation of a Depart5 ment of Defense facility described in subsection (c) that was

6 entered into before the date of the enactment of this Act with

7 a nonprofit agency for the blind or an agency for other se8 verely handicapped in compliance with section 3 of the Jav9 its-Wagner-O’Day Act (41 U.S.C. 48) and is in effect on

10 such date.

11 (c) COVERED FACILITIES.—The Department of De12 fense facilities referred to in subsection (b) are as follows:

13 (1) A military troop dining facility.

14 (2) A military mess hall.

15 (3) Any similar dining facility operated for the

16 purpose of providing meals to members of the Armed

17 Forces.

18 (d) ENACTMENT OF POPULAR NAME AS SHORT

19 TITLE.—The Act entitled ‘‘An Act to authorize the oper20 ation of stands in Federal buildings by blind persons, to

21 enlarge the economic opportunities of the blind, and for

22 other purposes’’, approved June 20, 1936 (commonly known

23 as the ‘‘Randolph-Sheppard Act’’) (20 U.S.C. 107 et seq.),

24 is amended by adding at the end the following new section:
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1 ‘‘SEC. 11. This Act may be cited as the ‘Randolph2 Sheppard Act’.’’.

3 (e) DEMONSTRATION PROJECTS FOR CONTRACTORS

4 EMPLOYING PERSONS WITH DISABILITIES.—(1) The Sec5 retary of Defense may carry out two demonstration projects

6 for the purpose of providing opportunities for participation

7 by severely disabled individuals in the industries of manu8 facturing and information technology.

9 (2) Under each demonstration project, the Secretary

10 may enter into one or more contracts with an eligible con11 tractor for each of fiscal years 2004 and 2005 for the acqui12 sition of—

13 (A) aerospace end items or components; or

14 (B) information technology products or services.

15 (3) The items, components, products, or services au16 thorized to be procured under paragraph (2) include—

17 (A) computer numerically-controlled machining

18 and metal fabrication;

19 (B) computer application development, testing,

20 and support in document management, microfilming,

21 and imaging; and

22 (C) any other items, components, products, or

23 services described in paragraph (2) that are not de24 scribed in subparagraph (A) or (B).

25 (4) In this subsection:
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1 (A) The term ‘‘eligible contractor’’ means a busi2 ness entity operated on a for-profit or nonprofit basis

3 that—

4 (i) employs not more than 500 individuals;

5 (ii) employs severely disabled individuals at

6 a rate that averages not less than 33 percent of

7 its total workforce over a period prescribed by

8 the Secretary;

9 (iii) employs each severely disabled indi10 vidual in its workforce generally on the basis of

11 40 hours per week;

12 (iv) pays not less than the minimum wage

13 prescribed pursuant to section 6 of the Fair

14 Labor Standards Act of 1938 (29 U.S.C. 206) to

15 the employees who are severely disabled individ16 uals;

17 (v) provides for its employees health insur18 ance and a retirement plan comparable to those

19 provided for employees by business entities of

20 similar size in its industrial sector or geographic

21 region; and

22 (vi) has or can acquire a security clearance

23 as necessary.

24 (B) The term ‘‘severely disabled individual’’

25 means an individual with a disability (as defined in
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1 section 3 of the Americans with Disabilities Act of

2 1990 (42 U.S.C. 12102)) who has a severe physical or

3 mental impairment that seriously limits one or more

4 functional capacities.

5 SEC. 369. REPEAL OF CALENDAR YEAR LIMITATIONS ON

6 USE OF COMMISSARY STORES BY CERTAIN

7 RESERVES AND OTHERS.

8 (a) MEMBERS OF THE READY RESERVE.—Section

9 1063(a) of title 10, United States Code, is amended by strik10 ing the period at the end of the first sentence and all that

11 follows and inserting ‘‘in that calendar year.’’.

12 (b) CERTAIN OTHER PERSONS.—Section 1064 of such

13 title is amended by striking ‘‘for 24 days each calendar

14 year’’.

15 TITLE IV—MILITARY PERSONNEL

16 AUTHORIZATIONS

17 Subtitle A—Active Forces

18 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

19 The Armed Forces are authorized strengths for active

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

21 (1) The Army, 480,000.

22 (2) The Navy, 373,800.

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

24 (4) The Air Force, 359,300.
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1 SEC. 402. INCREASED MAXIMUM PERCENTAGE OF GENERAL

2 AND FLAG OFFICERS ON ACTIVE DUTY AU3 THORIZED TO BE SERVING IN GRADES ABOVE

4 BRIGADIER GENERAL AND REAR ADMIRAL

5 (LOWER HALF).

6 Section 525(a) of title 10, United States Code, is

7 amended by striking ‘‘50 percent’’ both places it appears

8 and inserting ‘‘55 percent’’.

9 SEC. 403. EXTENSION OF CERTAIN AUTHORITIES RELAT10 ING TO MANAGEMENT OF NUMBERS OF GEN11 ERAL AND FLAG OFFICERS IN CERTAIN

12 GRADES.

13 (a) SENIOR JOINT OFFICER POSITIONS.—Section

14 604(c) of title 10, United States Code, is amended by strik15 ing ‘‘December 31, 2004’’ and inserting ‘‘December 31,

16 2005’’.

17 (b) DISTRIBUTION OF OFFICERS ON ACTIVE DUTY IN

18 GENERAL AND FLAG OFFICER GRADES.—Section

19 525(b)(5)(C) of such title is amended by striking ‘‘December

20 31, 2004’’ and inserting ‘‘December 31, 2005’’.

21 (c) AUTHORIZED STRENGTH FOR GENERAL AND FLAG

22 OFFICERS ON ACTIVE DUTY.—Section 526(b)(3) of such

23 title is amended by striking ‘‘December 31, 2004’’ and in24 serting ‘‘December 31, 2005’’.
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1 Subtitle B—Reserve Forces

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

4 strengths for Selected Reserve personnel of the reserve com5 ponents as of September 30, 2004, as follows:

6 (1) The Army National Guard of the United

7 States, 350,000.

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

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

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

11 (5) The Air National Guard of the United

12 States, 107,030.

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

14 (7) The Coast Guard Reserve, 10,000.

15 (b) ADJUSTMENTS.—The end strengths prescribed by

16 subsection (a) for the Selected Reserve of any reserve compo17 nent shall be proportionately reduced by—

18 (1) the total authorized strength of units orga19 nized to serve as units of the Selected Reserve of such

20 component which are on active duty (other than for

21 training) at the end of the fiscal year; and

22 (2) the total number of individual members not

23 in units organized to serve as units of the Selected

24 Reserve of such component who are on active duty

25 (other than for training or for unsatisfactory partici-
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1 pation in training) without their consent at the end

2 of the fiscal year.

3 Whenever such units or such individual members are re4 leased from active duty during any fiscal year, the end

5 strength prescribed for such fiscal year for the Selected Re6 serve of such reserve component shall be proportionately in7 creased by the total authorized strengths of such units and

8 by the total number of such individual members.

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

10 DUTY IN SUPPORT OF THE RESERVES.

11 Within the end strengths prescribed in section 411(a),

12 the reserve components of the Armed Forces are authorized,

13 as of September 30, 2004, the following number of Reserves

14 to be serving on full-time active duty or full-time duty, in

15 the case of members of the National Guard, for the purpose

16 of organizing, administering, recruiting, instructing, or

17 training the reserve components:

18 (1) The Army National Guard of the United

19 States, 25,599.

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

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

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

23 (5) The Air National Guard of the United

24 States, 12,191.

25 (6) The Air Force Reserve, 1,660.
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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

2 (DUAL STATUS).

3 The minimum number of military technicians (dual

4 status) as of the last day of fiscal year 2004 for the reserve

5 components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall

7 be the following:

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

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

10 States, 24,589.

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

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

13 States, 22,806.

14 SEC. 414. FISCAL YEAR 2004 LIMITATIONS ON NON-DUAL

15 STATUS TECHNICIANS.

16 (a) LIMITATIONS.—(1) Within the limitation provided

17 in section 10217(c)(2) of title 10, United States Code, the

18 number of non-dual status technicians employed by the Na19 tional Guard as of September 30, 2004, may not exceed the

20 following:

21 (A) For the Army National Guard of the United

22 States, 1,600.

23 (B) For the Air National Guard of the United

24 States, 350.
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1 (2) The number of non-dual status technicians em2 ployed by the Army Reserve as of September 30, 2004, may

3 not exceed 895.

4 (3) The number of non-dual status technicians em5 ployed by the Air Force Reserve as of September 30, 2004,

6 may not exceed 90.

7 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

8 this section, the term ‘‘non-dual status technician’’ has the

9 meaning given the term in section 10217(a) of title 10,

10 United States Code.

11 Subtitle C—Other Matters Relating

12 to Personnel Strengths

13 SEC. 421. REVISION OF PERSONNEL STRENGTH AUTHOR14 IZATION AND ACCOUNTING PROCESS.

15 (a) ANNUAL AUTHORIZATION OF STRENGTHS.—Sub16 section (a) of section 115 of title 10, United States Code,

17 is amended to read as follows:

18 ‘‘(a) Congress shall authorize personnel strength levels

19 for each fiscal year for each of the following:

20 ‘‘(1) The average strength for each of the armed

21 forces (other than the Coast Guard) for active-duty

22 personnel who are to be paid from funds appropriated

23 for active-duty personnel.

24 ‘‘(2) The average strength for each of the armed

25 forces (other than the Coast Guard) for active-duty
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1 personnel and full-time National Guard duty per2 sonnel who are to be paid from funds appropriated

3 for reserve personnel.

4 ‘‘(3) The average strength for the Selected Re5 serve of each reserve component of the armed forces.’’.

6 (b) LIMITATION ON USE OF FUNDS.—Subsection (b)

7 of such section is amended by striking ‘‘end strength’’ in

8 paragraphs (1) and (2) and inserting ‘‘strength’’.

9 (c) AUTHORITY OF SECRETARY OF DEFENSE TO VARY

10 STRENGTHS.—Subsection (c) of such section is amended—

11 (1) by striking ‘‘end strength’’ each place it ap12 pears and inserting ‘‘strength’’;

13 (2) in paragraph (1), by striking ‘‘subsection

14 (a)(1)(A)’’ and inserting ‘‘subsection (a)(1)’’;

15 (3) in paragraph (2), by striking ‘‘subsection

16 (a)(1)(B)’’ and inserting ‘‘subsection (a)(2)’’; and

17 (4) in paragraph (3), by striking ‘‘subsection

18 (a)(2)’’ and inserting ‘‘subsection (a)(3)’’.

19 (d) COUNTING PERSONNEL.—Subsection (d) of such

20 section is amended—

21 (1) by striking ‘‘end-strengths authorized pursu22 ant to subsection (a)(1)’’ and inserting ‘‘strengths au23 thorized pursuant to paragraphs (1) and (2) of sub24 section (a)’’; and
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1 (2) in paragraph (9)(B), by striking ‘‘subsection

2 (a)(1)(A)’’ and inserting ‘‘subsection (a)(1)’’.

3 (e) NAVY STRENGTH WHEN AUGMENTED BY COAST

4 GUARD.—Subsection (e) of such section is amended by

5 striking ‘‘subsection (a)(1)’’ and inserting ‘‘paragraphs (1)

6 and (2) of subsection (a)’’.

7 (f) AUTHORITY OF SECRETARIES OF MILITARY DE8 PARTMENTS TO VARY STRENGTHS.—Subsection (f) of such

9 section is amended—

10 (1) by striking ‘‘end strength’’ both places it ap11 pears and inserting ‘‘strength’’; and

12 (2) by striking ‘‘subsection (a)(1)(A)’’ in the first

13 sentence and inserting ‘‘subsection (a)(1)’’.

14 (g) AUTHORIZATION OF STRENGTHS FOR DUAL STA15 TUS MILITARY TECHNICIANS.—Subsection (g) of such sec16 tion is amended by striking ‘‘end strength’’ both places it

17 appears and inserting ‘‘strength’’.

18 (h) CONFORMING AMENDMENTS.—(1) Section

19 168(f)(1)(A) of title 10, United States Code, is amended by

20 striking ‘‘end strength for active-duty personnel authorized

21 pursuant to section 115(a)(1)’’ and inserting ‘‘strengths for

22 active-duty personnel authorized pursuant to paragraphs

23 (1) and (2) of section 115(a)’’.
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1 (2) Section 691(f) of such title is amended by striking

2 ‘‘section 115(a)(1)’’ and inserting ‘‘paragraphs (1) and (2)

3 of section 115(a)’’.

4 (3) Section 3201(b) of such title is amended by striking

5 ‘‘section 115(a)(1)’’ and inserting ‘‘paragraphs (1) and (2)

6 of section 115(a)’’.

7 (4)(A) Section 10216 of such title is amended—

8 (i) by striking ‘‘end strengths’’ in subsections

9 (b)(1) and (c)(1) and inserting ‘‘strengths’’; and

10 (ii) by striking ‘‘end strength’’ each place it ap11 pears in subsection (c)(2)(A) and inserting

12 ‘‘strength’’.

13 (B) The heading for subsection (c) is amended by strik14 ing ‘‘END’’.

15 (5) Section 12310(c)(4) of such title is amended by

16 striking ‘‘end strength authorizations required by section

17 115(a)(1)(B) and 115(a)(2)’’ and inserting ‘‘strength au18 thorizations required by paragraphs (2) and (3) of section

19 115(a)’’.

20 (6) Section 16132(d) of such title is amended by strik21 ing ‘‘end strength required to be authorized each year by

22 section 115(a)(1)(B)’’ in the second sentence and inserting

23 ‘‘strength required to be authorized each year by section

24 115(a)(2)’’.
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1 (7) Section 112 of title 32, United States Code, is

2 amended—

3 (A) in subsection (e)—

4 (i) in the heading, by striking ‘‘END5 STRENGTH’’ and inserting ‘‘STRENGTH’’; and

6 (ii) by striking ‘‘end strength’’ and insert7 ing ‘‘strength’’;

8 (B) in subsection (f)—

9 (i) in the heading, by striking ‘‘END

10 STRENGTH’’ and inserting ‘‘STRENGTH’’; and

11 (ii) in paragraph (2), by striking ‘‘end

12 strength’’ and inserting ‘‘strength’’; and

13 (C) in subsection (g)(1), by striking ‘‘end

14 strengths’’ and inserting ‘‘strengths’’.

15 SEC. 422. EXCLUSION OF RECALLED RETIRED MEMBERS

16 FROM CERTAIN STRENGTH LIMITATIONS

17 DURING PERIOD OF WAR OR NATIONAL

18 EMERGENCY.

19 (a) ANNUAL AUTHORIZED END STRENGTHS.—Section

20 115(d) of title 10, United States Code, is amended by add21 ing at the end the following new paragraph:

22 ‘‘(12) Members of the armed forces ordered to ac23 tive duty under section 688 of this title during any

24 period of war declared by Congress or any period of

25 national emergency declared by Congress or the Presi-
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1 dent in which members of a reserve component are

2 serving on active duty pursuant to an order to active

3 duty under section 12301 or 12302 of this title, for

4 so long as the members ordered to active duty under

5 such section 688 continue to serve on active duty dur6 ing the period of the war or national emergency and

7 the one-year period beginning on the date of the ter8 mination of the war or national emergency, as the

9 case may be.’’

10 (b) STRENGTH LIMITATIONS FOR OFFICERS IN PAY

11 GRADES O–4 THROUGH O–6.—Section 523(b) of such title

12 is amended by adding at the end the following new para13 graph:

14 ‘‘(8) Officers ordered to active duty under section

15 688 of this title during any period of war declared by

16 Congress or any period of national emergency de17 clared by Congress or the President in which members

18 of a reserve component are serving on active duty

19 pursuant to an order to active duty under section

20 12301 or 12302 of this title, for so long as the mem21 bers ordered to active duty under such section 688

22 continue to serve on active duty during the period of

23 the war or national emergency and the one-year pe24 riod beginning on the date of the termination of the

25 war or national emergency, as the case may be.’’.
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1 Subtitle D—Authorization of

2 Appropriations

3 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI4 TARY PERSONNEL.

5 There is hereby authorized to be appropriated to the

6 Department of Defense for military personnel for fiscal year

7 2004 a total of $99,194,206,000. The authorization in the

8 preceding sentence supersedes any other authorization of

9 appropriations (definite or indefinite) for such purpose for

10 fiscal year 2004.

11 TITLE V—MILITARY PERSONNEL

12 POLICY

13 Subtitle A—Officer Personnel Policy

14 SEC. 501. RETENTION OF HEALTH PROFESSIONS OFFICERS

15 TO FULFILL ACTIVE DUTY SERVICE OBLIGA16 TIONS FOLLOWING FAILURE OF SELECTION

17 FOR PROMOTION.

18 (a) IN GENERAL.—Subsection (a) of section 632 of title

19 10, United States Code, is amended—

20 (1) by striking ‘‘or’’ at the end of paragraph (2);

21 (2) by striking the period at the end of para22 graph (3) and inserting ‘‘; or’’; and

23 (3) by adding at the end the following new para24 graph:
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1 ‘‘(4) if the officer is a health professions officer

2 described in subsection (c) who, as of the date of dis3 charge determined for the officer under paragraph

4 (1), has not completed an active duty service obliga5 tion incurred by the officer under section 2005, 2114,

6 2123, or 2603 of this title, be retained on active duty

7 until the officer completes the active duty service for

8 which obligated, unless the Secretary concerned deter9 mines that the completion of the service obligation by

10 the officer is not in the best interest of the Army,

11 Navy, Air Force, or Marine Corps, as the case may

12 be.’’.

13 (b) COVERED HEALTH PROFESSIONS OFFICERS.—Sec14 tion 632 of such title is amended by adding at the end the

15 following new subsection:

16 ‘‘(c) HEALTH PROFESSIONS OFFICERS.—Subsection

17 (a)(4) applies to the following officers:

18 ‘‘(1) A medical officer.

19 ‘‘(2) A dental officer.

20 ‘‘(3) Any other officer appointed in a medical

21 skill (as defined in regulations prescribed by the Sec22 retary of Defense).’’.

23 (c) TECHNICAL AMENDMENT.—Subsection (a)(3) of

24 such section is amended by striking ‘‘clause (1)’’ and insert25 ing ‘‘paragraph (1)’’.
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1 SEC. 502. ELIGIBILITY FOR APPOINTMENT AS CHIEF OF

2 ARMY VETERINARY CORPS.

3 (a) APPOINTMENT FROM AMONG MEMBERS OF THE

4 CORPS.—Section 3084 of title 10, United States Code, is

5 amended by inserting after ‘‘The Chief of the Veterinary

6 Corps of the Army’’ the following: ‘‘shall be appointed from

7 among officers of the Veterinary Corps. The Chief of the Vet8 erinary Corps’’.

9 (b) APPLICABILITY.—The amendment made by sub10 section (a) shall apply to appointments of the Chief of the

11 Veterinary Corps of the Army that are made on or after

12 the date of the enactment of this Act.

13 Subtitle B—Reserve Component

14 Personnel Policy

15 SEC. 511. EXPANDED AUTHORITY FOR USE OF READY RE16 SERVE IN RESPONSE TO TERRORISM.

17 Section 12304(b)(2) of title 10, United States Code, is

18 amended by striking ‘‘catastrophic’’.

19 SEC. 512. STREAMLINED PROCESS FOR CONTINUING OFFI20 CERS ON THE RESERVE ACTIVE-STATUS LIST.

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

22 States Code, is amended—

23 (1) in subsection (a)—

24 (A) in paragraph (1), by striking ‘‘by a se25 lection board convened under section 14101(b) of
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1 this title’’ and inserting ‘‘under regulations pre2 scribed under subsection (b)’’;

3 (B) in paragraph (6), by striking ‘‘as a re4 sult of the convening of a selection board under

5 section 14101(b) of this title’’;

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

7 (3) by redesignating subsection (d) as subsection

8 (b).

9 (b) CONFORMING AMENDMENTS.—Subsection (b) of

10 section 14101 of such title is amended—

11 (1) by striking paragraph (1); and

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

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

14 SEC. 513. NATIONAL GUARD OFFICERS ON ACTIVE DUTY IN

15 COMMAND OF NATIONAL GUARD UNITS.

16 (a) CONTINUATION IN STATE STATUS.—Subsection (a)

17 of section 325 of title 32, United States Code, is amended—

18 (1) by striking ‘‘(a) Each’’ and inserting ‘‘(a)

19 RELIEF REQUIRED.—(1) Except as provided in para20 graph (2), each’’; and

21 (2) by adding at the end the following new para22 graph:

23 ‘‘(2) An officer of the Army National Guard of the

24 United States or the Air National Guard of the United

25 States is not relieved from duty in the National Guard of
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1 his State or Territory, or of Puerto Rico or the District

2 of Columbia, under paragraph (1) while serving on active

3 duty in command of a National Guard unit if—

4 ‘‘(A) the President authorizes such service in

5 both duty statuses; and

6 ‘‘(B) the Governor of his State or Territory or

7 Puerto Rico, or the Commanding General of the Dis8 trict of Columbia National Guard, as the case may

9 be, consents to such service in both duty statuses.’’.

10 (b) FORMAT AMENDMENT.—Subsection (b) of such sec11 tion is amended by inserting ‘‘RETURN TO STATE STA12 TUS.—’’ after ‘‘(b)’’.

13 Subtitle C—Revision of Retirement

14 Authorities

15 SEC. 521. PERMANENT AUTHORITY TO REDUCE THREE16 YEAR TIME-IN-GRADE REQUIREMENT FOR RE17 TIREMENT IN GRADE FOR OFFICERS IN

18 GRADES ABOVE MAJOR AND LIEUTENANT

19 COMMANDER.

20 Section 1370(a)(2)(A) of title 10, United States Code,

21 is amended by striking ‘‘during the period beginning on

22 October 1, 2002, and ending on December 31, 2003’’ and

23 inserting ‘‘after September 30, 2002’’.
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1 Subtitle D—Education and

2 Training

3 SEC. 531. INCREASED FLEXIBILITY FOR MANAGEMENT OF

4 SENIOR LEVEL EDUCATION AND POST-EDU5 CATION ASSIGNMENTS.

6 (a) REPEAL OF POST-EDUCATION JOINT DUTY AS7 SIGNMENTS REQUIREMENT.—Subsection (d) of section 663

8 of title 10, United States Code, is repealed.

9 (b) REPEAL OF MINIMUM DURATION REQUIREMENT

10 FOR PRINCIPAL COURSE OF INSTRUCTION AT THE JOINT

11 FORCES STAFF COLLEGE.—Subsection (e) of such section

12 is repealed.

13 SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE AUTHOR14 ITY FOR CADETS AND MIDSHIPMEN RECEIV15 ING ROTC SCHOLARSHIPS.

16 (a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE

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

18 States Code, is amended—

19 (1) in paragraph (1), by striking the first sen20 tence and inserting the following: ‘‘The Secretary con21 cerned may provide financial assistance described in

22 paragraph (3) for a student appointed as a cadet or

23 midshipman by the Secretary under subsection (a).’’;
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1 (2) in paragraph (2), by striking ‘‘as described

2 in paragraph (1)’’ and inserting ‘‘as described in

3 paragraph (3)’’; and

4 (3) by adding at the end the following new para5 graphs:

6 ‘‘(3)(A) The financial assistance provided for a student

7 under this subsection shall be the payment of one of the

8 two sets of expenses selected by the Secretary, as follows:

9 ‘‘(i) Tuition, fees, books, and laboratory expenses.

10 ‘‘(ii) Expenses for room and board and any

11 other necessary expenses imposed by the student’s edu12 cational institution for the academic program in

13 which the student is enrolled, which may include any

14 of the expenses described in clause (i).

15 ‘‘(B) The total amount of the financial assistance pro16 vided for a student for an academic year under clause (ii)

17 of subparagraph (A) may not exceed the total amount of

18 the financial assistance that would otherwise have been pro19 vided for the student for that academic year under clause

20 (i) of such subparagraph.

21 ‘‘(4) The Secretary of the military department con22 cerned may provide for the payment of all expenses in the

23 Secretary’s department of administering the financial as24 sistance program under this section, including the payment

25 of expenses described in paragraph (3).’’.
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1 (b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE IN

2 TROOP PROGRAM UNITS.—Section 2107a(c) of such title is

3 amended to read as follows:

4 ‘‘(c)(1) The Secretary of the Army may provide finan5 cial assistance described in paragraph (2) for a student ap6 pointed as a cadet by the Secretary under subsection (a).

7 ‘‘(2)(A) The financial assistance provided for a student

8 under this subsection shall be the payment of one of the

9 two sets of expenses selected by the Secretary concerned, as

10 follows:

11 ‘‘(i) Tuition, fees, books, and laboratory expenses.

12 ‘‘(ii) Expenses for room and board and any

13 other necessary expenses imposed by the student’s edu14 cational institution for the academic program in

15 which the student is enrolled, which may include any

16 of the expenses described in clause (i).

17 ‘‘(B) The total amount of the financial assistance pro18 vided for a student for an academic year under clause (ii)

19 of subparagraph (A) may not exceed the total amount of

20 the financial assistance that would otherwise have been pro21 vided for the student for that academic year under clause

22 (i) of such subparagraph.

23 ‘‘(3) The Secretary may provide for the payment of

24 all expenses in the Department of the Army for admin25 istering the financial assistance program under this section,
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1 including the payment of expenses described in paragraph

2 (2).’’.

3 SEC. 533. ELIGIBILITY AND COST REIMBURSEMENT RE4 QUIREMENTS FOR PERSONNEL TO RECEIVE

5 INSTRUCTION AT THE NAVAL POST6 GRADUATE SCHOOL.

7 (a) EXPANDED ELIGIBILITY FOR ENLISTED PER8 SONNEL.—Subsection (a)(2) of section 7045 of title 10,

9 United States Code, is amended—

10 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’;

11 (2) by striking ‘‘this paragraph’’ in the second

12 sentence and inserting ‘‘this subparagraph’’; and

13 (3) by adding at the end the following new sub14 paragraphs:

15 ‘‘(B) The Secretary may permit an enlisted member

16 of the armed forces to receive instruction in an executive

17 level seminar at the Naval Postgraduate School.

18 ‘‘(C) The Secretary may permit an eligible enlisted

19 member of the armed forces to receive instruction in connec20 tion with pursuit of a program of education in information

21 assurance as a participant in the Information Security

22 Scholarship program under chapter 112 of this title. To be

23 eligible for instruction under this subparagraph, the en24 listed member must have been awarded a baccalaureate de25 gree by an institution of higher education.’’.
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1 (b) PAYMENT OF COSTS FOR PARTICIPANTS IN INFOR2 MATION SECURITY SCHOLARSHIP PROGRAM.—Subsection

3 (b) of such section is amended—

4 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

5 (2) by adding at the end the following new para6 graph:

7 ‘‘(2) The requirements for payment of costs and fees

8 under paragraph (1) shall be subject to such exceptions as

9 the Secretary of Defense may prescribe for members of the

10 armed forces who receive instruction at the Postgraduate

11 School in connection with pursuit of a degree or certifi12 cation as participants in the Information Security Scholar13 ship program under chapter 112 of this title.’’.

14 ‘‘(3) The Department of the Army, the Department of

15 the Navy, and the Department of Transportation shall bear

16 the cost of the instruction at the Air Force Institute of Tech17 nology that is received by officers detailed for that instruc18 tion by the Secretaries of the Army, Navy, and Transpor19 tation, respectively. In the case of an enlisted member per20 mitted to receive instruction at the Institute, the Secretary

21 of the Air Force shall charge that member only for such

22 costs and fees as the Secretary considers appropriate (tak23 ing into consideration the admission of enlisted members

24 on a space-available basis).
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1 (c) CONFORMING AMENDMENTS.—Paragraph (1) of

2 such subsection (b), as redesignated by subsection (b)(1) of

3 this section, is amended—

4 (A) in the first sentence, by striking ‘‘officers’’

5 and inserting ‘‘members of the armed forces who are’’;

6 and

7 (B) in the second sentence—

8 (i) by inserting ‘‘under subsection

9 (a)(2)(A)’’ after ‘‘at the Postgraduate School’’;

10 and

11 (ii) by striking ‘‘(taking into consideration

12 the admission of enlisted members on a space13 available basis)’’.

14 SEC. 534. ACTIONS TO ADDRESS SEXUAL MISCONDUCT AT

15 THE SERVICE ACADEMIES.

16 (a) POLICY ON SEXUAL MISCONDUCT.—(1) The Sec17 retary of the Army, the Secretary of the Navy, and the Sec18 retary of the Air Force shall, under guidance prescribed by

19 the Secretary of Defense, direct the Superintendent of the

20 United States Military Academy, the Superintendent of the

21 United States Naval Academy, and the Superintendent of

22 the United States Air Force Academy, respectively, to pre23 scribe a policy on sexual misconduct applicable to the per24 sonnel of the United States Military Academy, the United
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1 States Naval Academy, and the United States Air Force

2 Academy, respectively.

3 (2) The policy on sexual misconduct prescribed for an

4 academy shall specify the following:

5 (A) Programs to promote awareness of the inci6 dence of rape, acquaintance rape, and other sexual of7 fenses of a criminal nature that involve academy per8 sonnel.

9 (B) Procedures that a cadet or midshipman, as

10 the case may be, should follow in the case of an occur11 rence of sexual misconduct, including—

12 (i) a specification of the person or persons

13 to whom the alleged offense should be reported;

14 (ii) a specification of any other person

15 whom the victim should contact; and

16 (iii) procedures on the preservation of evi17 dence potentially necessary for proof of criminal

18 sexual assault.

19 (C) Procedures for disciplinary action in cases of

20 alleged criminal sexual assault involving academy

21 personnel.

22 (D) Any other sanctions authorized to be im23 posed in a substantiated case of misconduct involving

24 academy personnel in rape, acquaintance rape, or
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1 any other criminal sexual offense, whether forcible or

2 nonforcible.

3 (E) Required training on the policy for all acad4 emy personnel, including the specific training re5 quired for personnel who process allegations of sexual

6 misconduct involving academy personnel.

7 (b) ANNUAL ASSESSMENT.—(1) The Secretary of De8 fense, through the Secretaries of the military departments,

9 shall direct each Superintendent to conduct at the academy

10 under the jurisdiction of the Superintendent an assessment

11 in each academy program year to determine the effective12 ness of the academy’s policies, training, and procedures on

13 sexual misconduct to prevent criminal sexual misconduct

14 involving academy personnel.

15 (2) For the assessment for each of the 2004, 2005, 2006,

16 2007, and 2008 academy program years, the Super17 intendent of the academy shall conduct a survey of all acad18 emy personnel—

19 (A) to measure—

20 (i) the incidence, in such program year, of

21 sexual misconduct events, on or off the academy

22 reservation, that have been reported to officials of

23 the academy; and

24 (ii) the incidence, in such program year, of

25 sexual misconduct events, on or off the academy
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1 reservation, that have not been reported to offi2 cials of the academy; and

3 (B) to assess the perceptions of academy per4 sonnel on—

5 (i) the policies, training, and procedures on

6 sexual misconduct involving academy personnel;

7 (ii) the enforcement of such policies;

8 (iii) the incidence of sexual misconduct in9 volving academy personnel in such program

10 year; and

11 (iv) any other issues relating to sexual mis12 conduct involving academy personnel.

13 (c) ANNUAL REPORT.—(1) The Secretary of the Army,

14 the Secretary of the Navy, and the Secretary of the Air

15 Force shall direct the Superintendent of the United States

16 Military Academy, the Superintendent of the United States

17 Naval Academy, and the Superintendent of the United

18 States Air Force Academy, respectively, to submit to the

19 Secretary a report on sexual misconduct involving academy

20 personnel for each of the 2004, 2005, 2006, 2007, and 2008

21 academy program years.

22 (2) The annual report for an academy under para23 graph (1) shall contain, for the academy program year cov24 ered by the report, the following matters:
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1 (A) The number of sexual assaults, rapes, and

2 other sexual offenses involving academy personnel

3 that have been reported to academy officials during

4 the program year, and the number of the reported

5 cases that have been substantiated.

6 (B) The policies, procedures, and processes im7 plemented by the Secretary of the military depart8 ment concerned and the leadership of the academy in

9 response to sexual misconduct involving academy per10 sonnel during the program year.

11 (C) In the report for the 2004 academy program

12 year, a discussion of the survey conducted under sub13 section (b), together with an analysis of the results of

14 the survey and a discussion of any initiatives under15 taken on the basis of such results and analysis.

16 (D) In the report for each of the subsequent acad17 emy program years, the results of the annual survey

18 conducted in such program year under subsection (b).

19 (E) A plan for the actions that are to be taken

20 in the following academy program year regarding

21 prevention of and response to sexual misconduct in22 volving academy personnel.

23 (3) The Secretary of a military department shall

24 transmit the annual report on an academy under this sub25 section, together with the Secretary’s comments on the re-
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1 port, to the Secretary of Defense and the Board of Visitors

2 of the academy.

3 (4) The Secretary of Defense shall transmit the annual

4 report on each academy under this subsection, together with

5 the Secretary’s comments on the report to, the Committees

6 on Armed Services of the Senate and the House of Rep7 resentatives.

8 (5) The report for the 2004 academy program year for

9 an academy shall be submitted to the Secretary of the mili10 tary department concerned not later than one year after

11 the date of the enactment of this Act.

12 (6) In this subsection, the term ‘‘academy program

13 year’’ with respect to a year, means the academy program

14 year that ends in that year.

15 SEC. 535. FUNDING OF EDUCATION ASSISTANCE ENLIST16 MENT INCENTIVES TO FACILITATE NATIONAL

17 SERVICE THROUGH DEPARTMENT OF DE18 FENSE EDUCATION BENEFITS FUND.

19 (a) IN GENERAL.—Subsection (j) of section 510 of title

20 10, United States Code, is amended to read as follows:

21 ‘‘(j) FUNDING.—(1) Amounts for the payment of incen22 tives under paragraphs (1) and (2) of subsection (e) shall

23 be derived from amounts available to the Secretary of the

24 military department concerned for the payment of pay, al-
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1 lowances and other expenses of the members of the armed

2 force concerned.

3 ‘‘(2) Amounts for the payment of incentives under

4 paragraphs (3) and (4) of subsection (e) shall be derived

5 from the Department of Defense Education Benefits Fund

6 under section 2006 of this title.’’.

7 (b) CONFORMING AMENDMENTS.—Section 2006(b) of

8 such title is amended—

9 (1) in paragraph (1), by inserting ‘‘paragraphs

10 (3) and (4) of section 510(e) and’’ after ‘‘Department

11 of Defense benefits under’’; and

12 (2) in paragraph (2), by adding at the end the

13 following new subparagraph:

14 ‘‘(E) The present value of future benefits

15 payable from the Fund for educational assistance

16 under paragraphs (3) and (4) of section 510(e)

17 of this title to persons who during such period

18 become entitled to such assistance.’’.

19 Subtitle E—Military Justice

20 SEC. 551. EXTENDED LIMITATION PERIOD FOR PROSECU21 TION OF CHILD ABUSE CASES IN COURTS22 MARTIAL.

23 Section 843(b) of title 10, United States Code (article

24 43 of the Uniform Code of Military Justice) is amended—
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1 (1) by redesignating paragraph (2) as para2 graph (3); and

3 (2) by inserting after paragraph (1) the fol4 lowing new paragraph (2):

5 ‘‘(2)(A) A person charged with having committed a

6 child abuse offense against a child is liable to be tried by

7 court-martial if the sworn charges and specifications are

8 received before the child reaches the age of 25 years by an

9 officer exercising summary court-martial jurisdiction with

10 respect to that person.

11 ‘‘(B) In subparagraph (A), the term ‘child abuse of12 fense’ means an act that involves sexual or physical abuse

13 of a person under 16 years of age and constitutes any of

14 the following offenses:

15 ‘‘(i) Rape or carnal knowledge in violation of

16 section 920 of this title (article 120).

17 ‘‘(ii) Maiming in violation of section 924 of this

18 title (article 124).

19 ‘‘(iii) Sodomy in violation of section 925 of this

20 title (article 126).

21 ‘‘(iv) Aggravated assault or assault consummated

22 by a battery in violation of section 928 of this title

23 (article 128).

24 ‘‘(v) Indecent assault, assault with intent to

25 commit murder, voluntary manslaughter, rape, or
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1 sodomy, or indecent acts or liberties with a child in

2 violation of section 934 of this title (article 134).’’.

3 SEC. 552. CLARIFICATION OF BLOOD ALCOHOL CONTENT

4 LIMIT FOR THE OFFENSE UNDER THE UNI5 FORM CODE OF MILITARY JUSTICE OF

6 DRUNKEN OPERATION OF A VEHICLE, AIR7 CRAFT, OR VESSEL.

8 Section 911 of title 10, United States Code (article 111

9 of the Uniform Code of Military Justice), is amended—

10 (1) in subsection (a)(2), by striking ‘‘is in excess

11 of’’ and inserting ‘‘is equal to or exceeds’’; and

12 (2) in subsection (b)—

13 (A) in paragraph (1), by striking subpara14 graph (A) and inserting the following:

15 ‘‘(A) In the case of the operation or control of a

16 vehicle, aircraft, or vessel in the United States, such

17 limit is the lesser of—

18 ‘‘(i) the blood alcohol content limit under

19 the law of the State in which the conduct oc20 curred, except as may be provided under para21 graph (2) for conduct on a military installation

22 that is in more than one State; or

23 ‘‘(ii) the blood alcohol content limit speci24 fied in paragraph (3).’’; and
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1 (B) by striking ‘‘maximum’’ in paragraphs

2 (1)(B) and (3).

3 Subtitle F—Other Matters

4 SEC. 561. HIGH-TEMPO PERSONNEL MANAGEMENT AND AL5 LOWANCE.

6 (a) DEPLOYMENT MANAGEMENT.—Section 991(a) of

7 title 10, United States Code, is amended to read as follows:

8 ‘‘(a) MANAGEMENT RESPONSIBILITIES.—(1) The de9 ployment (or potential deployment) of a member of the

10 armed forces shall be managed to ensure that the member

11 is not deployed, or continued in a deployment, on any day

12 on which the total number of days on which the member

13 has been deployed out of the preceding 365 days would ex14 ceed the maximum number of deployment days prescribed

15 for the purposes of this section by the Under Secretary of

16 Defense for Personnel and Readiness. The maximum num17 ber of deployment days so prescribed may not exceed 220

18 days.

19 ‘‘(2) A member may be deployed, or continued in a

20 deployment, without regard to paragraph (1) if such de21 ployment, or continued deployment, is approved by—

22 ‘‘(A) a member of the Senior Executive Service

23 designated by the Secretary of Defense to do so; or

24 ‘‘(B) the first officer in the member’s chain of

25 command who is—
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1 ‘‘(i) a general officer or, in the case of the

2 Navy, an officer in a grade above captain; or

3 ‘‘(ii) a colonel or, in the case of the Navy,

4 a captain who is recommended for promotion to

5 brigadier general or rear admiral, respectively,

6 in a report of a selection board convened under

7 section 611(a) or 14101(a) of this title that has

8 been approved by the President.’’.

9 (b) HIGH-TEMPO ALLOWANCE.—(1) Subsection (a) of

10 section 436 of title 37, United States Code, is amended to

11 read as follows:

12 ‘‘(a) MONTHLY ALLOWANCE.—The Secretary of the

13 military department concerned shall pay a high-tempo al14 lowance to a member of the armed forces under the Sec15 retary’s jurisdiction for the following months:

16 ‘‘(1) Each month during which the member is

17 deployed and has, as of any day during that month,

18 been deployed—

19 ‘‘(A) for at least the number of days out of

20 the preceding 730 days that is prescribed for the

21 purpose of this subparagraph by the Under Sec22 retary of Defense for Personnel and Readiness,

23 except that the number of days so prescribed may

24 not be more than 401 days; or
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1 ‘‘(B) at least the number of consecutive days

2 that is prescribed for the purpose of this sub3 paragraph by the Under Secretary of Defense for

4 Personnel and Readiness, except that the number

5 of days so prescribed may not be more than 191

6 days.

7 ‘‘(2) Each month that includes a day on which

8 the member serves on active duty pursuant to a call

9 or order to active duty for a period of more than 30

10 days under a provision of law referred to in section

11 101(a)(13)(B) of title 10, if such period begins within

12 one year after the date on which the member was re13 leased from previous service on active duty for a pe14 riod of more than 30 days under a call or order

15 issued under such a provision of law.’’.

16 (2) Subsection (c) of such section is amended to read

17 as follows:

18 ‘‘(c) MONTHLY AMOUNT.—The Secretary of Defense

19 shall prescribe the amount of the monthly allowance pay20 able to a member under this section. The amount may not

21 exceed $1,000.’’.

22 (3) Such section is further amended by adding at the

23 end the following new subsection:

24 ‘‘(g) SERVICE IN EXEMPTED DUTY POSITIONS.—(1)

25 Except as provided in paragraph (2), a member is not eligi-
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1 ble for the high-tempo allowance under this section while

2 serving in a duty position designated as exempt for the pur3 pose of this subsection by the Secretary concerned with the

4 approval of the Under Secretary of Defense for Personnel

5 and Readiness.

6 ‘‘(2) A designation of a duty position as exempt under

7 paragraph (1) does not terminate the eligibility for the

8 high-tempo allowance under this section of a member serv9 ing in the duty position at the time the designation is made.

10 ‘‘(h) PAYMENT FROM OPERATION AND MAINTENANCE

11 FUNDS.—The monthly allowance payable to a member

12 under this section shall be paid from appropriations avail13 able for operation and maintenance for the armed force in

14 which the member serves.’’.

15 (4) Such section is further amended—

16 (A) in subsections (d) and (e), by striking ‘‘high17 deployment per diem’’ and inserting ‘‘high-tempo al18 lowance’’; and

19 (B) in subsection (f)—

20 (i) by striking ‘‘per diem’’ and inserting

21 ‘‘allowance’’; and

22 (ii) by striking ‘‘day on which’’ and insert23 ing ‘‘month during which’’.

24 (5)(A) The heading of such section is amended to read

25 as follows:
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1 ‘‘§ 436. High-tempo allowance: lengthy or numerous

2 deployments; frequent mobilizations’’.

3 (B) The item relating to such section in the table of

4 sections at the beginning of chapter 7 of such title is amend5 ed to read as follows:

‘‘436. High-tempo allowance: lengthy or numerous deployments; frequent mobilizations.’’.

6 (c) MODIFIED REPORTING REQUIREMENT.—Section

7 487(b)(5) of title 10, United States Code, is amended to

8 read as follows:

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

10 shall indicate the number of members who received the

11 high-tempo allowance under section 436 of title 37,

12 the total number of months for which the allowance

13 was paid to members, and the total amount spent on

14 the allowance.’’.

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

18 (a) REQUIREMENT FOR PROGRAM.—The Secretary of

19 Defense shall carry out a direct entry program for persons

20 with critical military skills who enter the Armed Forces for

21 an initial period of service in the Armed Forces.

22 (b) ELIGIBLE PERSONS.—The Secretary shall pre23 scribe the eligibility requirements for entering the Armed

24 Forces under the direct entry program carried out under
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1 this section. The Secretary may limit eligibility as the Sec2 retary determines appropriate to meet the needs of the

3 Armed Forces.

4 (c) CRITICAL MILITARY SKILLS.—The Secretary shall

5 designate the military skills that are critical military skills

6 for the purposes of this section.

7 (d) INITIAL SERVICE OBLIGATION.—(1) The Secretary

8 shall prescribe the period of initial service in the Armed

9 Forces that is to be required of a person entering the Armed

10 Forces under the direct entry program. The period may not

11 be less than three years.

12 (2) Section 651(a) of title 10, United States Code, shall

13 not apply to a person who enters the Armed Forces under

14 the direct entry program.

15 (e) REPORTS.—(1) Not later than 30 days after the

16 direct entry program commences under this section, the Sec17 retary shall submit a report on the establishment of the pro18 gram to the Committees on Armed Services of the Senate

19 and the House of Representatives. The report shall include

20 the following:

21 (A) A list of the military skills designated as

22 critical military skills for the purposes of this section.

23 (B) The eligibility requirements for entering the

24 Armed Forces under the program.
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1 (C) A detailed discussion of the other features of

2 the program.

3 (2) Whenever the list of critical military skills is re4 vised, the Secretary shall promptly submit the revised list

5 to the committees referred to in paragraph (1).

6 (3) The Secretary shall submit a final report on the

7 program to Congress not later than 180 days after the date

8 on which the direct entry program terminates under sub9 section (f). The report shall include the Secretary’s assess10 ment of the effectiveness of the direct entry program for re11 cruiting personnel with critical military skills for the

12 Armed Forces.

13 (f) PERIOD OF PROGRAM.—The direct entry program

14 under this section shall commence on October 1, 2003, and

15 shall terminate on September 30, 2005.

16 SEC. 563. POLICY ON CONCURRENT DEPLOYMENT TO COM17 BAT ZONES OF BOTH MILITARY SPOUSES OF

18 MILITARY FAMILIES WITH MINOR CHILDREN.

19 (a) PUBLICATION OF POLICY.—Not later than 180

20 days after the date of the enactment of this Act, the Sec21 retary of Defense shall—

22 (1) prescribe the policy of the Department of De23 fense on concurrent deployment to a combat zone of

24 both spouses of a dual-military family with one or

25 more minor children; and
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1 (2) transmit the policy to the Committees on

2 Armed Services of the Senate and the House of Rep3 resentatives.

4 (b) DUAL-MILITARY FAMILY DEFINED.—In this sec5 tion, the term ‘‘dual-military family’’ means a family in

6 which both spouses are members of the Armed Forces.

7 SEC. 564. ENHANCEMENT OF VOTING RIGHTS OF MEMBERS

8 OF THE UNIFORMED SERVICES.

9 (a) STANDARD FOR INVALIDATION OF BALLOTS CAST

10 BY ABSENT UNIFORMED SERVICES VOTERS IN FEDERAL

11 ELECTIONS.—.(1) Section 102 of the Uniformed and Over12 seas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is

13 amended—

14 (A) by redesignating subsections (c) and (d) as

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

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

18 ‘‘(c) STANDARDS FOR INVALIDATION OF CERTAIN BAL19 LOTS.—

20 ‘‘(1) IN GENERAL.—A State may not refuse to

21 count a ballot submitted in an election for Federal of22 fice by an absent uniformed services voter—

23 ‘‘(A) solely on the grounds that the ballot

24 lacked—

25 ‘‘(i) a notarized witness signature;
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1 ‘‘(ii) an address (other than on a Fed2 eral write-in absentee ballot, commonly

3 known as ‘SF186’);

4 ‘‘(iii) a postmark if there are any other

5 indicia that the vote was cast in a timely

6 manner; or

7 ‘‘(iv) an overseas postmark; or

8 ‘‘(B) solely on the basis of a comparison of

9 signatures on ballots, envelopes, or registration

10 forms unless there is a lack of reasonable simi11 larity between the signatures.

12 ‘‘(2) NO EFFECT ON FILING DEADLINES UNDER

13 STATE LAW.—Nothing in this subsection may be con14 strued to affect the application to ballots submitted by

15 absent uniformed services voters of any ballot submis16 sion deadline applicable under State law.’’.

17 (2) The amendments made by paragraph (1) shall

18 apply with respect to ballots described in section 102(c) of

19 the Uniformed and Overseas Citizens Absentee Voting Act,

20 as added by paragraph (1), that are submitted with respect

21 to elections that occur after the date of the enactment of

22 this Act.

23 (b) MAXIMIZATION OF ACCESS OF RECENTLY SEPA24 RATED UNIFORMED SERVICES VOTERS TO THE POLLS.—
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1 (1) Section 102(a) of the Uniformed and Overseas Citizens

2 Absentee Voting Act (42 U.S.C. 1973ff–1) is amended—

3 (A) in paragraph (4), by striking ‘‘and’’ at the

4 end;

5 (B) in paragraph (5), by striking the period at

6 the end and inserting a semicolon; and

7 (C) by adding at the end the following new para8 graphs:

9 ‘‘(6) in addition to using the postcard form for

10 the purpose described in paragraph (4), accept and

11 process any otherwise valid voter registration appli12 cation submitted by a uniformed service voter for the

13 purpose of voting in an election for Federal office;

14 and

15 ‘‘(7) permit each recently separated uniformed

16 services voter to vote in any election for which a voter

17 registration application has been accepted and proc18 essed under this section if that voter—

19 ‘‘(A) has registered to vote under this sec20 tion; and

21 ‘‘(B) is eligible to vote in that election

22 under State law.’’.

23 (2) The amendments made by paragraph (1) shall

24 apply with respect to elections for Federal office that occur

25 after the date of the enactment of this Act.
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1 (c) DEFINITIONS.—Section 107 of the Uniformed and

2 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–

3 6) is amended—

4 (1) by redesignating paragraphs (7) and (8) as

5 paragraphs (9) and (11), respectively;

6 (2) by inserting after paragraph (6) the fol7 lowing new paragraph:

8 ‘‘(7) ‘recently separated uniformed services voter’

9 means any individual who was a uniformed services

10 voter on the date that is 60 days before the date on

11 which the individual seeks to vote and who—

12 ‘‘(A) presents to the election official Depart13 ment of Defense form 214 evidencing the individ14 ual’s former status as such a voter, or any other

15 official proof of such status;

16 ‘‘(B) is no longer such a voter; and

17 ‘‘(C) is otherwise qualified to vote in that

18 election;’’; and

19 (3) by inserting after paragraph (9), as so redes20 ignated, the following new paragraph:

21 ‘‘(10) ‘uniformed services voter’ means—

22 ‘‘(A) a member of a uniformed service in

23 active service;

24 ‘‘(B) a member of the merchant marine;

25 and
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1 ‘‘(C) a spouse or dependent of a member re2 ferred to in subparagraph (A) or (B) who is

3 qualified to vote; and’’.

4 SEC. 565. CERTAIN TRAVEL AND TRANSPORTATION AL5 LOWANCES FOR DEPENDENTS OF MEMBERS

6 OF THE ARMED FORCES WHO HAVE COM7 MITTED DEPENDENT ABUSE.

8 Section 406(h) of title 37, United States Code, is

9 amended by adding at the end the following new paragraph:

10 ‘‘(4)(A) If the Secretary concerned makes a determina11 tion described in subparagraph (B) with respect to the

12 spouse or a dependent of a member described in that sub13 paragraph and a request described in subparagraph (C) has

14 been by the spouse or on behalf of such dependent, the Sec15 retary may provide any benefit authorized for a member

16 under paragraph (1) or (3) to the spouse or such dependent

17 in lieu of providing such benefit to the member.

18 ‘‘(B) A determination described in this subparagraph

19 is a determination by the commanding officer of a member

20 that—

21 ‘‘(i) the member has committed a dependent22 abuse offense against the spouse or a dependent of the

23 member;

24 ‘‘(ii) a safety plan and counseling have been pro25 vided to the spouse or such dependent;
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1 ‘‘(iii) the safety of the spouse or such dependent

2 is at risk; and

3 ‘‘(iv) the relocation of the spouse or such depend4 ent is advisable.

5 ‘‘(C) A request described in this subparagraph is a re6 quest by the spouse of a member, or by the parent of a de7 pendent child in the case of a dependent child of a member,

8 for relocation.

9 ‘‘(D) Transportation may be provided under this

10 paragraph for household effects or a motor vehicle only if

11 a written agreement of the member, or an order of a court

12 of competent jurisdiction, gives possession of the effects or

13 vehicle to the spouse or dependent of the member concerned.

14 ‘‘(E) In this paragraph, the term ‘dependent-abuse of15 fense’ means an offense described in section 1059(c) of title

16 10.’’.

17 TITLE VI—COMPENSATION AND

18 OTHER PERSONNEL BENEFITS

19 Subtitle A—Pay and Allowances

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

21 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad22 justment to become effective during fiscal year 2004 re23 quired by section 1009 of title 37, United States Code, in

24 the rates of monthly basic pay authorized members of the

25 uniformed services shall not be made.
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1 (b) INCREASE IN BASIC PAY.—Effective on January

2 1, 2004, the rates of monthly basic pay for members of the

3 uniformed services 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 2,608.20 2,970.60 3,421.50 3,537.00 3,609.90

O–1 3 2,264.40 2,356.50 2,848.50 2,848.50 2,848.50

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 3,609.90 3,609.90 3,609.90 3,609.90 3,609.90

O–1 3 2,848.50 2,848.50 2,848.50 2,848.50 2,848.50

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 3,609.50 3,609.50 3,609.50 3,609.50 3,609.50

O–1 3 2,848.50 2,848.50 2,848.50 2,848.50 2,848.50

1Notwithstanding 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, Commandant of

the Coast Guard, or commander of a unified or specified combatant command (as defined in section

161(c) of title 10, United States Code) is $14,634.20, 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

1Notwithstanding 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 .... 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70

E–1 3 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40

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 .... 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70

E–1 3 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40

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 .... 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70

E–1 3 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40

1Notwithstanding 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 $1,104.00.

1 SEC. 602. REVISED ANNUAL PAY ADJUSTMENT PROCESS.

2 (a) REQUIREMENT FOR ANNUAL ADJUSTMENT.—Sub3 section (a) of section 1009 of title 37, United States Code,

4 is amended to read as follows:

5 ‘‘(a) REQUIREMENT FOR ANNUAL ADJUSTMENT.—Ef6 fective on January 1 of each year, the rates of basic pay
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1 for members of the uniformed services under section 203(a)

2 of this title shall be increased under this section.’’.

3 (b) EFFECTIVENESS OF ADJUSTMENT.—Subsection (b)

4 of such section is amended by striking ‘‘shall—’’ and all

5 that follows and inserting ‘‘shall have the force and effect

6 of law.’’.

7 (c) PERCENTAGE OF ADJUSTMENT.—Subsection (c) of

8 such section is amended to read as follow:

9 ‘‘(c) EQUAL PERCENTAGE INCREASE FOR ALL MEM10 BERS.—(1) An adjustment made under this section in a

11 year shall provide all eligible members with an increase in

12 the monthly basic pay that is the percentage (rounded to

13 the nearest one-tenth of 1 percent) by which the ECI for

14 the base quarter of the year before the preceding year exceeds

15 the ECI for the base quarter of the second year before the

16 preceding calendar year (if at all).

17 ‘‘(2) Notwithstanding paragraph (1), but subject to

18 subsection (d), the percentage of the adjustment taking effect

19 under this section during each of fiscal years 2004, 2005,

20 and 2006, shall be one-half of 1 percentage point higher

21 than the percentage that would otherwise be applicable

22 under such paragraph.’’.

23 (d) REPEAL OF ALLOCATION AUTHORITY.—Such sec24 tion is further amended—

25 (1) by striking subsections (d), (e), and (g); and
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1 (2) redesignating subsection (f) as subsection (d).

2 (e) PRESIDENTIAL DETERMINATION OF NEED FOR AL3 TERNATIVE PAY ADJUSTMENT.—Such section, as amended

4 by subsection (d), is further amended adding at the end the

5 following new subsection:

6 ‘‘(e) PRESIDENTIAL DETERMINATION OF NEED FOR

7 ALTERNATIVE PAY ADJUSTMENT.—(1) If, because of na8 tional emergency or serious economic conditions affecting

9 the general welfare, the President considers the pay adjust10 ment which would otherwise be required by this section in

11 any year to be inappropriate, the President shall prepare

12 and transmit to Congress before September 1 of the pre13 ceding year a plan for such alternative pay adjustments

14 as the President considers appropriate, together with the

15 reasons therefor.

16 ‘‘(2) In evaluating an economic condition affecting the

17 general welfare under this subsection, the President shall

18 consider pertinent economic measures including the Indexes

19 of Leading Economic Indicators, the Gross National Prod20 uct, the unemployment rate, the budget deficit, the Con21 sumer Price Index, the Producer Price Index, the Employ22 ment Cost Index, and the Implicit Price Deflator for Per23 sonal Consumption Expenditures.

24 ‘‘(3) The President shall include in the plan submitted

25 to Congress under paragraph (1) an assessment of the im-
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1 pact that the alternative pay adjustments proposed in the

2 plan would have on the Government’s ability to recruit and

3 retain well-qualified persons for the uniformed services.’’.

4 (f) DEFINITIONS.—Such section, as amended by sub5 section (e), is further amended by adding at the end the

6 following:

7 ‘‘(f) DEFINITIONS.—In this section:

8 ‘‘(1) The term ‘ECI’ means the Employment

9 Cost Index (wages and salaries, private industry

10 workers) published quarterly by the Bureau of Labor

11 Statistics.

12 ‘‘(2) The term ‘base quarter’ for any year is the

13 3-month period ending on September 30 of such

14 year.’’.

15 SEC. 603. COMPUTATION OF BASIC PAY RATE FOR COMMIS16 SIONED OFFICERS WITH PRIOR ENLISTED OR

17 WARRANT OFFICER SERVICE.

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

19 amended—

20 (1) in subparagraph (A), by striking ‘‘enlisted

21 member,’’ and all that follows through the period and

22 inserting ‘‘enlisted member.’’; and

23 (2) by striking subparagraph (B) and inserting

24 the following new subparagraph:
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1 ‘‘(B) Service as a warrant officer, as an enlisted

2 member, or as a warrant officer and an enlisted

3 member, for which at least 1,460 points have been

4 credited to the officer for the purposes of section

5 12732(a)(2) of title 10.’’.

6 SEC. 604. PILOT PROGRAM OF MONTHLY SUBSISTENCE AL7 LOWANCE FOR NON-SCHOLARSHIP SENIOR

8 ROTC MEMBERS COMMITTING TO CONTINUE

9 ROTC PARTICIPATION AS SOPHOMORES.

10 (a) AUTHORITY.—Section 209 of title 37, United

11 States Code, is amended by adding at the end the following

12 new subsection:

13 ‘‘(e) NON-SCHOLARSHIP SENIOR ROTC MEMBERS

14 NOT IN ADVANCED TRAINING.—(1) A member of the Senior

15 Reserve Officers’ Training Corps described in subsection (b)

16 is entitled to a monthly subsistence allowance at a rate pre17 scribed under subsection (a).

18 ‘‘(2) To be entitled to receive a subsistence allowance

19 under this subsection, a member must—

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

21 ‘‘(B) enlist in an armed force under the jurisdic22 tion of the Secretary of the military department con23 cerned for the period prescribed by the Secretary;

24 ‘‘(C) contract, with the consent of his parent or

25 guardian if he is a minor, with the Secretary of the
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1 military department concerned, or his designated rep2 resentative, to serve for the period required by the

3 program;

4 ‘‘(D) agree in writing that he will accept an ap5 pointment, if offered, as a commissioned officer in the

6 Army, Navy, Air Force, or Marine Corps, as the case

7 may be, and that he will serve in the armed forces for

8 the period prescribed by the Secretary;

9 ‘‘(E) successfully complete the first year of a

10 four-year Senior Reserve Officers’ Training Corps

11 course;

12 ‘‘(F) not be eligible for advanced training under

13 section 2104 of title 10;

14 ‘‘(G) not be appointed under section 2107 of title

15 10; and

16 ‘‘(H) execute a certificate of loyalty in such form

17 as the Secretary of Defense prescribes or take a loy18 alty oath as prescribed by the Secretary.

19 ‘‘(3) The first month for which a monthly subsistence

20 allowance is payable to a member under this subsection

21 shall be a month designated by the Secretary of the military

22 department concerned that begins after the member satisfies

23 the condition in subparagraph (E) of paragraph (2). Pay24 ment of the subsistence allowance shall continue for as long

25 as the member continues to meet the conditions in such
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1 paragraph and the member’s obligations under the enlist2 ment, contract, and agreement entered into as described in

3 such paragraph. In no event, however, may a member re4 ceive the monthly subsistence allowance for more than 20

5 months.

6 ‘‘(4) In this subsection, the term ‘program’ means the

7 Senior Reserve Officers’ Training Corps of an armed force.

8 ‘‘(5) No subsistence allowance may be paid under this

9 subsection with respect to a contract that is entered into

10 as described in paragraph (2)(C) after December 31, 2006.’’.

11 (b) EFFECTIVE DATE.—Subsection (e) of section 209

12 of title 37, United States Code (as added by subsection (a)),

13 shall take effect on January 1, 2004.

14 SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR EACH

15 MEMBER MARRIED TO ANOTHER MEMBER

16 WITHOUT DEPENDENTS WHEN BOTH

17 SPOUSES ARE ON SEA DUTY.

18 (a) ENTITLEMENT.—Section 403(f)(2)(C) of title 37,

19 United States Code, is amended—

20 (1) in the first sentence, by striking ‘‘are jointly

21 entitled to one basic allowance for housing’’ and in22 serting ‘‘are each entitled to a basic allowance for

23 housing’’; and

24 (2) by striking ‘‘The amount of the allowance’’

25 and all that follows and inserting ‘‘The amount of the
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1 allowance payable to a member under the preceding

2 sentence shall be based on the without dependents rate

3 for the pay grade of the member.’’.

4 (b) EFFECTIVE DATE.—The amendments made by sub5 section (a) shall take effect on October 1, 2003.

6 SEC. 606. INCREASED RATE OF FAMILY SEPARATION AL7 LOWANCE.

8 (a) RATE.—Section 427(a)(1) of title 37, United

9 States Code, is amended by striking ‘‘$100’’ and inserting

10 ‘‘$250’’.

11 (b) EFFECTIVE DATE.—The amendment made by sub12 section (a) shall take effect on October 1, 2003.

13 Subtitle B—Bonuses and Special

14 and Incentive Pays

15 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

16 SPECIAL PAY AUTHORITIES FOR RESERVE

17 FORCES.

18 (a) SELECTED RESERVE REENLISTMENT BONUS.—

19 Section 308b(f ) of title 37, United States Code, is amended

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

21 31, 2004’’.

22 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec23 tion 308c(e) of such title is amended by striking ‘‘December

24 31, 2003’’ and inserting ‘‘December 31, 2004’’.
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1 (c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

2 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of

3 such title is amended by striking ‘‘December 31, 2003’’ and

4 inserting ‘‘December 31, 2004’’.

5 (d) SELECTED RESERVE AFFILIATION BONUS.—Sec6 tion 308e(e) of such title is amended by striking ‘‘December

7 31, 2003’’ and inserting ‘‘December 31, 2004’’.

8 (e) READY RESERVE ENLISTMENT AND REENLIST9 MENT BONUS.—Section 308h(g) of such title is amended by

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

11 2004’’.

12 (f) PRIOR SERVICE ENLISTMENT BONUS.—Section

13 308i(f ) of such title is amended by striking ‘‘December 31,

14 2003’’ and inserting ‘‘December 31, 2004’’.

15 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

16 SPECIAL PAY AUTHORITIES FOR CERTAIN

17 HEALTH CARE PROFESSIONALS.

18 (a) NURSE OFFICER CANDIDATE ACCESSION PRO19 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

20 is amended by striking ‘‘December 31, 2003’’ and inserting

21 ‘‘December 31, 2004’’.

22 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

23 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

24 RESERVE.—Section 16302(d) of such title is amended by
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1 striking ‘‘January 1, 2004’’ and inserting ‘‘January 1,

2 2005’’.

3 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

4 Section 302d(a)(1) of title 37, United States Code, is

5 amended by striking ‘‘December 31, 2003’’ and inserting

6 ‘‘December 31, 2004’’.

7 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES8 THETISTS.—Section 302e(a)(1) of such title is amended by

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

10 2004’’.

11 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

12 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL13 TIES.—Section 302g(f ) of such title is amended by striking

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

15 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec16 tion 302h(a)(1) of such title is amended by striking ‘‘De17 cember 31, 2003’’ and inserting ‘‘December 31, 2004’’.

18 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND

19 BONUS AUTHORITIES FOR NUCLEAR OFFI20 CERS.

21 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

22 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

23 of title 37, United States Code, is amended by striking ‘‘De24 cember 31, 2003’’ and inserting ‘‘December 31, 2004’’.
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1 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

2 312b(c) of such title is amended by striking ‘‘December 31,

3 2003’’ and inserting ‘‘December 31, 2004’’.

4 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

5 Section 312c(d) of such title is amended by striking ‘‘De6 cember 31, 2003’’ and inserting ‘‘December 31, 2004’’.

7 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND

8 SPECIAL PAY AUTHORITIES.

9 (a) AVIATION OFFICER RETENTION BONUS.—Section

10 301b(a) of title 37, United States Code, is amended by strik11 ing ‘‘December 31, 2003’’ and inserting ‘‘December 31,

12 2004’’.

13 (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

14 Section 308(g) of such title is amended by striking ‘‘Decem15 ber 31, 2003’’ and inserting ‘‘December 31, 2004’’.

16 (c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Sec17 tion 309(e) of such title is amended by striking ‘‘December

18 31, 2003’’ and inserting ‘‘December 31, 2004’’.

19 (d) RETENTION BONUS FOR MEMBERS WITH CRITICAL

20 MILITARY SKILLS.—Section 323(i) of such title is amended

21 by striking ‘‘December 31, 2003’’ and inserting ‘‘December

22 31, 2004’’.

23 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT24 ICAL SKILLS.—Section 324(g) of such title is amended by
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1 striking ‘‘December 31, 2003’’ and inserting ‘‘December 31,

2 2004’’.

3 SEC. 615. SPECIAL PAY FOR RESERVE OFFICERS HOLDING

4 POSITIONS OF UNUSUAL RESPONSIBILITY

5 AND OF CRITICAL NATURE.

6 (a) ELIGIBILITY.—Section 306 of title 37, United

7 States Code, is amended—

8 (1) in subsection (a), by inserting ‘‘under section

9 201 of this title, or the compensation under section

10 206 of this title,’’ after ‘‘is entitled to the basic pay’’;

11 (2) by redesignating subsections (b) through (e)

12 as subsections (c) through (f), respectively; and

13 (3) by inserting after subsection (a) the following

14 new subsection (b):

15 ‘‘(b) In the case of an officer who is a member of a

16 reserve component, special pay under subsection (a) shall

be paid at the rate of 1 17 ⁄30 of the monthly rate authorized

18 by that subsection for each day of the performance of duties

19 described in that subsection.’’.

20 (b) LIMITATION.—Subsection (d) of such section, as re21 designated by subsection (a)(2) of this section, is

22 amended—

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

24 (2) by adding at the end the following new para25 graph:
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1 ‘‘(2) Of the number of officers in the Selected Reserve

2 of the Ready Reserve of an armed force who are not on ac3 tive duty (other than for training), not more than 5 percent

4 of the number of such officers in each of the pay grades

5 O–3 and below, and not more than 10 percent of the number

6 of such officers in pay grade O–4, O–5, or O–6, may be

7 paid special pay under subsection (b).’’.

8 SEC. 616. ASSIGNMENT INCENTIVE PAY FOR SERVICE IN

9 KOREA.

10 (a) AUTHORITY.—(1) Chapter 5 of title 37, United

11 States Code, is amended by inserting after section 307a the

12 following new section:

13 ‘‘§ 307b. Special pay: Korea service incentive pay

14 ‘‘(a) AUTHORITY.—The Secretary concerned shall pay

15 monthly incentive pay under this section to a member of

16 a uniformed service for the period that the member performs

17 service in Korea while entitled to basic pay.

18 ‘‘(b) RATE.—The monthly rate of incentive pay pay19 able to a member under this section is $100.

20 ‘‘(c) RELATIONSHIP TO OTHER PAY AND ALLOW21 ANCES.—Incentive pay paid to a member under this section

22 is in addition to any other pay and allowances to which

23 the member is entitled.

24 ‘‘(d) STATUS NOT AFFECTED BY TEMPORARY DUTY OR

25 LEAVE.—The service of a member in an assignment referred
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1 to in subsection (a) shall not be considered discontinued

2 during any period that the member is not performing serv3 ice in the assignment by reason of temporary duty per4 formed by the member pursuant to orders or absence of the

5 member for authorized leave.

6 ‘‘(e) TERMINATION OF AUTHORITY.—Special pay may

7 not be paid under this section for months beginning after

8 December 31, 2005.’’.

9 (2) The table of sections at the beginning of such chap10 ter is amended by inserting after the item relating to section

11 307a the following new item:

‘‘307b. Special pay: Korea service incentive pay.’’.

12 (b) EFFECTIVE DATE.—Section 307(b) of title 37,

13 United States Code (as added by subsection (a)), shall take

14 effect on October 1, 2003.

15 SEC. 617. INCREASED MAXIMUM AMOUNT OF REENLIST16 MENT BONUS FOR ACTIVE MEMBERS.

17 (a) MAXIMUM AMOUNT.—Section 308(a)(2)(B) of title

18 37, United States Code, is amended by striking ‘‘$60,000’’

19 and inserting ‘‘$70,000’’.

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall take effect on October 1, 2003, and shall

22 apply with respect to reenlistments and extensions of enlist23 ments that take effect on or after that date.
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1 SEC. 618. PAYMENT OF SELECTED RESERVE REENLIST2 MENT BONUS TO MEMBERS OF SELECTED RE3 SERVE WHO ARE MOBILIZED.

4 Section 308b of title 37, United States Code, is

5 amended—

6 (1) by redesignating subsections (d), (e), and (f)

7 as subsections (e), (f), and (g), respectively; and

8 (2) by inserting after subsection (c) the following

9 new subsection (d):

10 ‘‘(d) PAYMENT TO MOBILIZED MEMBERS.—In the case

11 of a member entitled to a bonus under this section who is

12 called or ordered to active duty, any amount of such bonus

13 that is payable to the member during the period of active

14 duty of the member shall be paid the member during that

15 period of active duty without regard to the fact that the

16 member is serving on active duty pursuant to such call or

17 order to active duty.’’.

18 SEC. 619. INCREASED RATE OF HOSTILE FIRE AND IMMI19 NENT DANGER SPECIAL PAY.

20 (a) RATE.—Section 310(a) of title 37, United States

21 Code, is amended by striking ‘‘$150’’ and inserting ‘‘$225’’.

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall take effect on October 1, 2003.
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1 SEC. 620. AVAILABILITY OF HOSTILE FIRE AND IMMINENT

2 DANGER SPECIAL PAY FOR RESERVE COMPO3 NENT MEMBERS ON INACTIVE DUTY.

4 (a) EXPANSION AND CLARIFICATION OF CURRENT

5 LAW.—Section 310 of title 37, United States Code, is

6 amended—

7 (1) by redesignating subsections (b) and (c) as

8 subsections (c) and (d), respectively; and

9 (2) by striking subsection (a) and inserting the

10 following new subsections:

11 ‘‘(a) ELIGIBILITY AND SPECIAL PAY AMOUNT.—Under

12 regulations prescribed by the Secretary of Defense, a mem13 ber of a uniformed service may be paid special pay at the

14 rate of $150 for any month in which—

15 ‘‘(1) the member was entitled to basic pay or

16 compensation under section 204 or 206 of this title;

17 and

18 ‘‘(2) the member—

19 ‘‘(A) was subject to hostile fire or explosion

20 of hostile mines;

21 ‘‘(B) was on duty in an area in which the

22 member was in imminent danger of being ex23 posed to hostile fire or explosion of hostile mines

24 and in which, during the period the member was

25 on duty in the area, other members of the uni-
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1 formed services were subject to hostile fire or ex2 plosion of hostile mines;

3 ‘‘(C) was killed, injured, or wounded by

4 hostile fire, explosion of a hostile mine, or any

5 other hostile action; or

6 ‘‘(D) was on duty in a foreign area in

7 which the member was subject to the threat of

8 physical harm or imminent danger on the basis

9 of civil insurrection, civil war, terrorism, or

10 wartime conditions.

11 ‘‘(b) CONTINUATION DURING HOSPITALIZATION.—A

12 member covered by subsection (a)(2)(C) who is hospitalized

13 for the treatment of the injury or wound may be paid spe14 cial pay under this section for not more than three addi15 tional months during which the member is so hospitalized.’’.

16 (b) CLERICAL AMENDMENTS.—Such section is further

17 amended—

18 (1) in subsection (c), as redesignated by sub19 section (a)(1), by inserting ‘‘LIMITATIONS AND AD20 MINISTRATION.—’’ before ‘‘(1)’’; and

21 (2) in subsection (d), as redesignated by sub22 section (a)(1), by inserting ‘‘DETERMINATIONS OF

23 FACT.—’’ before ‘‘Any’’.
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1 (c) EFFECTIVE DATE.—Subsections (a) and (b) of sec2 tion 310 of title 37, United States Code, as added by sub3 section (a)(2), shall take effect as of September 11, 2001.

4 SEC. 621. EXPANSION OF OVERSEAS TOUR EXTENSION IN5 CENTIVE PROGRAM TO OFFICERS.

6 (a) SPECIAL PAY OR BONUS FOR EXTENDING OVER7 SEAS TOUR OF DUTY.—(1) Subsections (a) and (b) of sec8 tion 314 of title 37, United States Code, are amended by

9 striking ‘‘an enlisted member’’ and inserting ‘‘a member’’.

10 (2)(A) The heading of such section is amended to read

11 as follows:

12 ‘‘§ 314. Special pay or bonus: qualified members ex13 tending duty at designated locations over14 seas’’.

15 (B) The item relating to such section in the table of

16 sections at the beginning of chapter 5 of such title is amend17 ed to read as follows:

‘‘314. Special pay or bonus: qualified members extending duty at designated locations overseas.’’.

18 (b) REST AND RECUPERATIVE ABSENCE IN LIEU OF

19 PAY OR BONUS.—(1) Subsection (a) of section 705 of title

20 10, United States Code, is amended by striking ‘‘an enlisted

21 member’’ and inserting ‘‘a member’’.

22 (2)(A) The heading of such section is amended to read

23 as follows:
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1 ‘‘§ 705. Rest and recuperation absence: qualified

2 members extending duty at designated lo3 cations overseas’’.

4 (B) The item relating to such section in the table of

5 sections at the beginning of chapter 40 of such title is

6 amended to read as follows:

‘‘705. Rest and recuperation absence: qualified members extending duty at designated locations overseas.’’.

7 SEC. 622. ELIGIBILITY OF WARRANT OFFICERS FOR ACCES8 SION BONUS FOR NEW OFFICERS IN CRITICAL

9 SKILLS.

10 (a) ELIGIBILITY.—Section 324 of title 37, United

11 States Code, is amended in subsections (a) and (f)(1) by

12 inserting ‘‘or an appointment’’ after ‘‘commission’’.

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect on October 1, 2003.

15 SEC. 623. INCENTIVE BONUS FOR CONVERSION TO MILI16 TARY OCCUPATIONAL SPECIALTY TO EASE

17 PERSONNEL SHORTAGE.

18 (a) IN GENERAL.—Chapter 5 of title 37, United States

19 Code, is amended by adding at the end the following new

20 section:
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1 ‘‘§ 326. Incentive bonus: conversion to military occu2 pational specialty to ease personnel short3 age

4 ‘‘(a) INCENTIVE BONUS AUTHORIZED.—The Secretary

5 concerned may pay a bonus under this section to an eligible

6 member of the armed forces who executes a written agree7 ment to convert to, and serve for a period of not less than

8 four years in, a military occupational specialty for which

9 there is a shortage of trained and qualified personnel.

10 ‘‘(b) ELIGIBLE MEMBERS.—A member is eligible for

11 a bonus under this section if—

12 ‘‘(1) the member is entitled to basic pay; and

13 ‘‘(2) at the time the agreement under subsection

14 (a) is executed, the member is serving in—

15 ‘‘(A) pay grade E–6 with not more than 10

16 years of service computed under section 205 of

17 this title; or

18 ‘‘(B) pay grade E–5 or below, regardless of

19 years of service.

20 ‘‘(c) AMOUNT AND PAYMENT OF BONUS.—(1) A bonus

21 under this section may not exceed $4,000.

22 ‘‘(2) A bonus payable under this section shall be dis23 bursed in one lump sum when the member’s conversion to

24 the military occupational specialty is approved by the chief

25 personnel officer of the member’s armed force.
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1 ‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOW2 ANCES.—A bonus paid to a member under this section is

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

4 member is entitled.

5 ‘‘(e) REPAYMENT OF BONUS.—(1) A member who re6 ceives a bonus for conversion to a military occupational

7 specialty under this section and who, voluntarily or because

8 of misconduct, fails to serve in such military occupational

9 specialty for the period specified in the agreement shall re10 fund to the United States an amount that bears the same

11 ratio to the bonus amount paid to the member as the

12 unserved part of such period bears to the total period agreed

13 to be served.

14 ‘‘(2) An obligation to reimburse the United States im15 posed under paragraph (1) is, for all purposes, a debt owed

16 to the United States.

17 ‘‘(3) A discharge in bankruptcy under title 11 that is

18 entered less than five years after the termination of the

19 agreement for which a bonus was paid under this section

20 shall not discharge the person signing such agreement from

21 the debt arising under paragraph (1).

22 ‘‘(4) Under regulations prescribed pursuant to sub23 section (f), the Secretary concerned may waive, in whole

24 or in part, a refund required under paragraph (1) if the

25 Secretary determines that recovery would be against equity
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1 and good conscience or would be contrary to the best inter2 ests of the United States.

3 ‘‘(f) REGULATIONS.—The Secretaries concerned shall

4 prescribe regulations to carry out this section. Regulations

5 prescribed by the Secretary of a military department shall

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

7 ‘‘(g) TERMINATION OF AUTHORITY.—No agreement

8 under this section may be entered into after December 31,

9 2006.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of such chapter is amended by adding at the

12 end the following new item:

‘‘326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage.’’.

13 Subtitle C—Travel and

14 Transportation Allowances

15 SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHI16 CLE WITHIN CONTINENTAL UNITED STATES.

17 (a) AUTHORITY TO PROCURE CONTRACT FOR TRANS18 PORTATION OF MOTOR VEHICLE.—Section 2634 of title 10,

19 United States Code, is amended—

20 (1) by redesignating subsection (h) as subsection

21 (i); and

22 (2) by inserting after subsection (g) the following

23 new subsection (h):
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1 ‘‘(h) In the case of a member’s change of permanent

2 station described in subparagraph (A) or (B) of subsection

3 (i)(1), the Secretary concerned may authorize the member

4 to arrange for the shipment of the motor vehicle in lieu of

5 transportation at the expense of the United States under

6 this section. The Secretary concerned may pay the member

7 a monetary allowance in lieu of transportation, as estab8 lished under section 404(d)(1) of title 37, and the member

9 shall be responsible for any transportation costs in excess

10 of such allowance.’’.

11 (b) ALLOWANCE FOR SELF-PROCUREMENT OF TRANS12 PORTATION OF MOTOR VEHICLE.—Section 406(b)(1)(B) of

13 title 37, United States Code, is amended by adding at the

14 end the following new sentence: ‘‘In the case of the transpor15 tation of a motor vehicle arranged by the member under

16 section 2634(h) of title 10, the Secretary concerned may pay

17 the member, upon presentation of proof of shipment, a mon18 etary allowance in lieu of transportation, as established

19 under section 404(d)(1) of this title.’’.

20 SEC. 632. PAYMENT OR REIMBURSEMENT OF STUDENT

21 BAGGAGE STORAGE COSTS FOR DEPENDENT

22 CHILDREN OF MEMBERS STATIONED OVER23 SEAS.

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

25 amended in the first sentence by inserting before the period
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1 at the end the following: ‘‘or during a different period in

2 the same fiscal year selected by the member’’.

3 SEC. 633. CONTRACTS FOR FULL REPLACEMENT VALUE

4 FOR LOSS OR DAMAGE TO PERSONAL PROP5 ERTY TRANSPORTED AT GOVERNMENT EX6 PENSE.

7 (a) AUTHORITY.—Chapter 157 of title 10, United

8 States Code, is amended by inserting after section 2636 the

9 following new section:

10 ‘‘§ 2636a. Loss or damage to personal property trans11 ported at Government expense: full re12 placement value; deduction from amounts

13 due carriers

14 ‘‘(a) PROCUREMENT OF COVERAGE.—The Secretary of

15 Defense may include in a contract for the transportation

16 of baggage and household effects for members of the armed

17 forces at Government expense a clause that requires the car18 rier under the contract to pay the full replacement value

19 for loss or damage to the baggage or household effects trans20 ported under the contract.

21 ‘‘(b) DEDUCTION UPON FAILURE OF CARRIER TO SET22 TLE.—In the case of a loss or damage of baggage or house23 hold effects transported under a contract with a carrier that

24 includes a clause described in subsection (a), the amount

25 equal to the full replacement value for the baggage or house-
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1 hold effects may be deducted from the amount owed by the

2 United States to the carrier under the contract upon a fail3 ure of the carrier to settle a claim for such loss or total

4 damage within a reasonable time. The amount so deducted

5 shall be remitted to the claimant, notwithstanding section

6 2636 of this title.

7 ‘‘(c) INAPPLICABILITY OF RELATED LIMITS.—The lim8 itations on amounts of claims that may be settled under

9 section 3721(b) of title 31 do not apply to a carrier’s con10 tractual obligation to pay full replacement value under this

11 section.

12 ‘‘(d) REGULATIONS.—The Secretary of Defense shall

13 prescribe regulations for administering this section. The

14 regulations shall include policies and procedures for vali15 dating and evaluating claims, validating proper claimants,

16 and determining reasonable time for settlement.

17 ‘‘(e) TRANSPORTATION DEFINED.—In this section, the

18 terms ‘transportation’ and ‘transport’, with respect to bag19 gage or household effects, includes packing, crating,

20 drayage, temporary storage, and unpacking of the baggage

21 or household effects.’’.

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

23 the beginning of such chapter is amended by inserting after

24 the item relating to section 2636 the following new item:

‘‘2636a. Loss or damage to personal property transported at Government expense:

full replacement value; deduction from amounts due carriers.’’.
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1 SEC 634. TRANSPORTATION OF DEPENDENTS TO PRES2 ENCE OF MEMBERS OF THE ARMED FORCES

3 WHO ARE RETIRED FOR ILLNESS OR INJURY

4 INCURRED IN ACTIVE DUTY.

5 Section 411h(a) of title 37, United States Code, is

6 amended—

7 (1) in paragraph (1), by striking ‘‘paragraph

8 (2)’’ and inserting ‘‘paragraph (3)’’;

9 (2) by redesignating paragraph (2) as para10 graph (3);

11 (3) by inserting after paragraph (1) the fol12 lowing new paragraph (2):

13 ‘‘(2) Under the regulations prescribed under para14 graph (1), transportation described in subsection (c) may

15 be provided for not more than two family members of a

16 member otherwise described in paragraph (3) who is retired

17 for an illness or injury described in that paragraph if the

18 attending physician or surgeon and the commander or head

19 of the military medical facility exercising control over the

20 member determine that the presence of the family member

21 would be in the best interests of the family member.’’; and

22 (4) in paragraph (3), as so redesignated, by

23 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph

24 (1) or (2)’’.
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1 Subtitle D—Retired Pay and

2 Survivor Benefits

3 SEC. 641. SPECIAL RULE FOR COMPUTATION OF RETIRED

4 PAY BASE FOR COMMANDERS OF COMBATANT

5 COMMANDS.

6 (a) TREATMENT EQUIVALENT TO CHIEFS OF SERV7 ICE.—Subsection (i) of section 1406 of title 10, United

8 States Code, is amended by inserting ‘‘as a commander of

9 a unified or specified combatant command (as defined in

10 section 161(c) of this title),’’ after ‘‘Chief of Service,’’.

11 (b) CONFORMING AMENDMENT.—The heading for such

12 subsection is amended by inserting ‘‘COMMANDERS OF COM13 BATANT COMMANDS,’’ after ‘‘CHIEFS OF SERVICE,’’.

14 (c) EFFECTIVE DATE AND APPLICABILITY.—The

15 amendments made by this section shall take effect on the

16 date of the enactment of this Act and shall apply with re17 spect to officers who first become entitled to retired pay

18 under title 10, United States Code, on or after such date.
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1 SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SUR2 VIVING SPOUSES OF RESERVES NOT ELIGI3 BLE FOR RETIREMENT WHO DIE FROM A

4 CAUSE INCURRED OR AGGRAVATED WHILE

5 ON INACTIVE-DUTY TRAINING.

6 (a) SURVIVING SPOUSE ANNUITY.—Paragraph (1) of

7 section 1448(f) of title 10, United States Code, is amended

8 to read as follows:

9 ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec10 retary concerned shall pay an annuity under this

11 subchapter to the surviving spouse of—

12 ‘‘(A) a person who is eligible to provide a

13 reserve-component annuity and who dies—

14 ‘‘(i) before being notified under section

15 12731(d) of this title that he has completed

16 the years of service required for eligibility

17 for reserve-component retired pay; or

18 ‘‘(ii) during the 90-day period begin19 ning on the date he receives notification

20 under section 12731(d) of this title that he

21 has completed the years of service required

22 for eligibility for reserve-component retired

23 pay if he had not made an election under

24 subsection (a)(2)(B) to participate in the

25 Plan; or
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1 ‘‘(B) a member of a reserve component not

2 described in subparagraph (A) who dies from an

3 injury or illness incurred or aggravated in the

4 line of duty during inactive-duty training.’’.

5 (b) CONFORMING AMENDMENT.—The heading for sub6 section (f) of section 1448 of such title is amended by insert7 ing ‘‘OR BEFORE’’ after ‘‘DYING WHEN’’.

8 (c) EFFECTIVE DATE.—The amendments made by this

9 section shall take effect as of September 10, 2001, and shall

10 apply with respect to performance of inactive-duty training

11 (as defined in section 101(d) of title 10, United States Code)

12 on or after that date.

13 SEC. 643. INCREASE IN DEATH GRATUITY PAYABLE WITH

14 RESPECT TO DECEASED MEMBERS OF THE

15 ARMED FORCES.

16 (a) AMOUNT OF DEATH GRATUITY.—Section 1478(a)

17 of title 10, United States Code, is amended by striking

18 ‘‘$6,000’’ and inserting ‘‘$12,000’’.

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect as of September 11, 2001, and

21 shall apply with respect to deaths occurring on or after that

22 date.

23 (c) DEATH BENEFITS STUDY.—(1) It is the sense of

24 Congress that—
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1 (A) the sacrifices made by the members of the

2 United States Armed Forces are significant and are

3 worthy of meaningful expressions of gratitude by the

4 Government of the United States, especially in cases

5 of sacrifice through loss of life;

6 (B) the tragic events of September 11, 2001, and

7 subsequent worldwide combat operations in the Global

8 War on Terrorism and in Operation Iraqi Freedom

9 have highlighted the significant disparity between the

10 financial benefits for survivors of deceased members of

11 the Armed Forces and the financial benefits for sur12 vivors of civilian victims of terrorism;

13 (C) the death benefits system composed of the

14 death gratuity paid by the Department of Defense to

15 survivors of members of the Armed Forces, the subse16 quently established Servicemembers’ Group Life In17 surance (SGLI) program, and other benefits for sur18 vivors of deceased members has evolved over time, but

19 there are increasing indications that the evolution of

20 such benefits has failed to keep pace with the expan21 sion of indemnity and compensation available to seg22 ments of United States society outside the Armed

23 Forces, a failure that is especially apparent in a com24 parison of the benefits for survivors of deceased mem-
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1 bers with the compensation provided to families of ci2 vilian victims of terrorism; and

3 (D) while Servicemembers’ Group Life Insurance

4 (SGLI) provides an assured source of life insurance

5 for members of the Armed Forces that benefits the sur6 vivors of such members upon death, the SGLI pro7 gram requires the members to pay for that life insur8 ance coverage and does not provide an assured min9 imum benefit.

10 (2) The Secretary of Defense shall carry out a study

11 of the totality of all current and projected death benefits

12 for survivors of deceased members of the Armed Forces to

13 determine the adequacy of such benefits. In carrying out

14 the study, the Secretary shall—

15 (A) compare the Federal Government death bene16 fits for survivors of deceased members of the Armed

17 Forces with commercial and other private sector

18 death benefits plans for segments of United States so19 ciety outside the Armed Forces, and also with the ben20 efits available under Public Law 107–37 (115 Stat.

21 219) (commonly known as the ‘‘Public Safety Officer

22 Benefits Bill’’);

23 (B) assess the personnel policy effects that would

24 result from a revision of the death gratuity benefit to

25 provide a stratified schedule of entitlement amounts
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1 that places a premium on deaths resulting from par2 ticipation in combat or from acts of terrorism;

3 (C) assess the adequacy of the current system of

4 Survivor Benefit Plan annuities and Dependency and

5 Indemnity Compensation and the anticipated effects

6 of an elimination of the offset of Survivor Benefit

7 Plan annuities by Dependency and Indemnity Com8 pensation;

9 (D) examine the commercial insurability of

10 members of the Armed Forces in high risk military

11 occupational specialties; and

12 (E) examine the extent to which private trusts

13 and foundations engage in fundraising or otherwise

14 provide financial benefits for survivors of deceased

15 members of the Armed Forces.

16 (3) Not later than March 1, 2004, the Secretary shall

17 submit a report on the results of the study under paragraph

18 (2) to the Committees on Armed Services of the Senate and

19 the House of Representatives. The report shall include the

20 following:

21 (A) The assessments, analyses, and conclusions

22 resulting from the study.

23 (B) Proposed legislation to address the defi24 ciencies in the system of Federal Government death

25 benefits for survivors of deceased members of the
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1 Armed Forces that are identified in the course of the

2 study.

3 (C) An estimate of the costs of the system of

4 death benefits provided for in the proposed legislation.

5 (4) The Comptroller General shall conduct a study to

6 identify the death benefits that are payable under Federal,

7 State, and local laws for employees of the Federal Govern8 ment, State governments, and local governments. Not later

9 than November 1, 2003, the Comptroller General shall sub10 mit a report containing the results of the study to the Com11 mittees on Armed Services of the Senate and the House of

12 Representatives.

13 SEC. 644. FULL PAYMENT OF BOTH RETIRED PAY AND COM14 PENSATION TO DISABLED MILITARY RETIR15 EES.

16 (a) RESTORATION OF FULL RETIRED PAY BENE17 FITS.—Section 1414 of title 10, United States Code, is

18 amended to read as follows:

19 ‘‘§ 1414. Members eligible for retired pay who have

20 service-connected disabilities: payment of

21 retired pay and veterans’ disability com22 pensation

23 ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COM24 PENSATION.—Except as provided in subsection (b), a mem25 ber or former member of the uniformed services who is enti-
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1 tled to retired pay (other than as specified in subsection

2 (c)) and who is also entitled to veterans’ disability com3 pensation is entitled to be paid both without regard to sec4 tions 5304 and 5305 of title 38.

5 ‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RETIR6 EES.—The retired pay of a member retired under chapter

7 61 of this title with 20 years or more of service otherwise

8 creditable under section 1405 of this title at the time of the

9 member’s retirement is subject to reduction under sections

10 5304 and 5305 of title 38, but only to the extent that the

11 amount of the member’s retired pay under chapter 61 of

12 this title exceeds the amount of retired pay to which the

13 member would have been entitled under any other provision

14 of law based upon the member’s service in the uniformed

15 services if the member had not been retired under chapter

16 61 of this title.

17 ‘‘(c) EXCEPTION.—Subsection (a) does not apply to a

18 member retired under chapter 61 of this title with less than

19 20 years of service otherwise creditable under section 1405

20 of this title at the time of the member’s retirement.

21 ‘‘(d) DEFINITIONS.—In this section:

22 ‘‘(1) The term ‘retired pay’ includes retainer

23 pay, emergency officers’ retirement pay, and naval

24 pension.
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1 ‘‘(2) The term ‘veterans’ disability compensation’

2 has the meaning given the term ‘compensation’ in sec3 tion 101(13) of title 38.’’.

4 (b) REPEAL OF SPECIAL COMPENSATION PRO5 GRAMS.—Sections 1413 and 1413a of such title are re6 pealed.

7 (c) CLERICAL AMENDMENT.—The table of sections at

8 the beginning of such chapter is amended by striking the

9 items relating to sections 1413, 1413a, and 1414 and insert10 ing the following:

‘‘1414. Members eligible for retired pay who have service-connected disabilities:

payment of retired pay and veterans’ disability compensation.’’.

11 (d) EFFECTIVE DATE.—The amendments made by this

12 section shall take effect on—

13 (1) the first day of the first month that begins

14 after the date of the enactment of this Act; or

15 (2) the first day of the fiscal year that begins in

16 the calendar year in which this Act is enacted, if later

17 than the date specified in paragraph (1).

18 (e) PROHIBITION ON RETROACTIVE BENEFITS.—No

19 benefits may be paid to any person by reason of section

20 1414 of title 10, United States Code, as amended by sub21 section (a), for any period before the effective date applica22 ble under subsection (d).
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1 Subtitle E—Other Matters

2 SEC. 651. RETENTION OF ACCUMULATED LEAVE.

3 (a) HIGHER MAXIMUM LIMITATION ASSOCIATED WITH

4 CERTAIN SERVICE.—Section 701(f) of title 10, United

5 States Code, is amended to read as follows:

6 ‘‘(f)(1) The Secretary of Defense may authorize a mem7 ber eligible under paragraph (2) to retain 120 days’ leave

8 accumulated by the end of the fiscal year described in such

9 paragraph.

10 ‘‘(2) Paragraph (1) applies to a member who—

11 ‘‘(A) during a fiscal year—

12 ‘‘(i) serves on active duty for a continuous

13 period of at least 120 days in an area in which

14 the member is entitled to special pay under sec15 tion 310(a) of title 37; or

16 ‘‘(ii) is assigned to a deployable ship, to a

17 mobile unit, to duty in support of a contingency

18 operation, or to other duty designated for the

19 purpose of this section; and

20 ‘‘(B) except for paragraph (1), would lose any

21 accumulated leave in excess of 60 days at the end of

22 the fiscal year.

23 ‘‘(3) Leave in excess of 60 days accumulated under this

24 subsection is lost unless it is used by the member before the
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1 end of the third fiscal year after the fiscal year in which

2 the service described in paragraph (2) terminated.’’.

3 (b) SAVINGS PROVISIONS.—Regulations in effect under

4 subsection (f) of section 701 of title 10, United States Code,

5 on the day before the date of the enactment of this Act shall

6 remain in effect until revised or superseded by regulations

7 prescribed to implement the authority under the amend8 ment made by subsection (a).

9 (c) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect on October 1, 2003.

11 SEC. 652. GAO STUDY.

12 Not later than April 1, 2004, the Comptroller General

13 shall submit a report regarding the adequacy of special

14 pays and allowances for service members who experience

15 frequent deployments away from their permanent duty sta16 tions for periods less than 30 days. The policies regarding

17 eligibility for family separation allowance, including those

18 relating to required duration of absences from the perma19 nently assigned duty station, should be assessed.

20 Subtitle F—Naturalization and

21 Family Protection for Military

22 Members

23 SEC. 661. SHORT TITLE.

24 This subtitle may be cited as the ‘‘Naturalization and

25 Family Protection for Military Members Act of 2003’’.
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1 SEC. 662. REQUIREMENTS FOR NATURALIZATION THROUGH

2 SERVICE IN THE ARMED FORCES OF THE

3 UNITED STATES.

4 (a) REDUCTION OF PERIOD FOR REQUIRED SERV5 ICE.—Section 328(a) of the Immigration and Nationality

6 Act (8 U.S.C. 1439(a)) is amended by striking ‘‘three

7 years’’ and inserting ‘‘2 years’’.

8 (b) PROHIBITION ON IMPOSITION OF FEES RELATING

9 TO NATURALIZATION.—Title III of the Immigration and

10 Nationality Act (8 U.S.C. 1401 et seq.) is amended—

11 (1) in section 328(b)—

12 (A) in paragraph (3)—

13 (i) by striking ‘‘honorable. The’’ and

14 inserting ‘‘honorable (the’’; and

15 (ii) by striking ‘‘discharge.’’ and in16 serting ‘‘discharge); and’’; and

17 (B) by adding at the end the following:

18 ‘‘(4) notwithstanding any other provision of law,

19 no fee shall be charged or collected from the applicant

20 for filing a petition for naturalization or for the

21 issuance of a certificate of naturalization upon citi22 zenship being granted to the applicant, and no clerk

23 of any State court shall charge or collect any fee for

24 such services unless the laws of the State require such

25 charge to be made, in which case nothing more than
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1 the portion of the fee required to be paid to the State

2 shall be charged or collected.’’; and

3 (2) in section 329(b)—

4 (A) in paragraph (2), by striking ‘‘and’’ at

5 the end;

6 (B) in paragraph (3), by striking the period

7 at the end and inserting ‘‘; and’’; and

8 (C) by adding at the end the following:

9 ‘‘(4) notwithstanding any other provision of law,

10 no fee shall be charged or collected from the applicant

11 for filing a petition for naturalization or for the

12 issuance of a certificate of naturalization upon citi13 zenship being granted to the applicant, and no clerk

14 of any State court shall charge or collect any fee for

15 such services unless the laws of the State require such

16 charge to be made, in which case nothing more than

17 the portion of the fee required to be paid to the State

18 shall be charged or collected.’’.

19 (c) NATURALIZATION PROCEEDINGS OVERSEAS FOR

20 MEMBERS OF THE ARMED FORCES.—Notwithstanding any

21 other provision of law, the Secretary of Homeland Security,

22 the Secretary of State, and the Secretary of Defense shall

23 ensure that any applications, interviews, filings, oaths,

24 ceremonies, or other proceedings under title III of the Immi25 gration and Nationality Act (8 U.S.C. 1401 et seq.) relating
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1 to naturalization of members of the Armed Forces are avail2 able through United States embassies, consulates, and as

3 practicable, United States military installations overseas.

4 (d) FINALIZATION OF NATURALIZATION PROCEEDINGS

5 FOR MEMBERS OF THE ARMED FORCES.—Not later than

6 90 days after the date of enactment of this Act, the Sec7 retary of Defense shall prescribe a policy that facilitates the

8 opportunity for a member of the Armed Forces to finalize

9 naturalization for which the member has applied. The pol10 icy shall include, for such purpose, the following:

11 (1) A high priority for grant of emergency leave.

12 (2) A high priority for transportation on air13 craft of, or chartered by, the Armed Forces.

14 (e) TECHNICAL AND CONFORMING AMENDMENT.—Sec15 tion 328(b)(3) of the Immigration and Nationality Act (8

16 U.S.C. 1439(b)(3)) is amended by striking ‘‘Attorney Gen17 eral’’ and inserting ‘‘Secretary of Homeland Security’’.

18 SEC. 663. NATURALIZATION BENEFITS FOR MEMBERS OF

19 THE SELECTED RESERVE OF THE READY RE20 SERVE.

21 Section 329(a) of the Immigration and Nationality

22 Act (8 U.S.C. 1440(a)) is amended by inserting ‘‘as a mem23 ber of the Selected Reserve of the Ready Reserve or’’ after

24 ‘‘has served honorably’’.
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1 SEC. 664. EXTENSION OF POSTHUMOUS BENEFITS TO SUR2 VIVING SPOUSES, CHILDREN, AND PARENTS.

3 (a) TREATMENT AS IMMEDIATE RELATIVES.—

4 (1) SPOUSES.—Notwithstanding the second sen5 tence of section 201(b)(2)(A)(i) of the Immigration

6 and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in

7 the case of an alien who was the spouse of a citizen

8 of the United States at the time of the citizen’s death

9 and was not legally separated from the citizen at the

10 time of the citizen’s death, if the citizen served honor11 ably in an active duty status in the military, air, or

12 naval forces of the United States and died as a result

13 of injury or disease incurred in or aggravated by

14 combat, the alien (and each child of the alien) shall

15 be considered, for purposes of section 201(b) of such

16 Act, to remain an immediate relative after the date

17 of the citizen’s death, but only if the alien files a peti18 tion under section 204(a)(1)(A)(ii) of such Act within

19 2 years after such date and only until the date the

20 alien remarries. For purposes of such section

21 204(a)(1)(A)(ii), an alien granted relief under the

22 preceding sentence shall be considered an alien spouse

23 described in the second sentence of section

24 201(b)(2)(A)(i) of such Act.

25 (2) CHILDREN.—
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1 (A) IN GENERAL.—In the case of an alien

2 who was the child of a citizen of the United

3 States at the time of the citizen’s death, if the

4 citizen served honorably in an active duty status

5 in the military, air, or naval forces of the United

6 States and died as a result of injury or disease

7 incurred in or aggravated by combat, the alien

8 shall be considered, for purposes of section 201(b)

9 of the Immigration and Nationality Act (8

10 U.S.C. 1151(b)), to remain an immediate rel11 ative after the date of the citizen’s death (regard12 less of changes in age or marital status there13 after), but only if the alien files a petition under

14 subparagraph (B) within 2 years after such date.

15 (B) PETITIONS.—An alien described in sub16 paragraph (A) may file a petition with the Sec17 retary of Homeland Security for classification of

18 the alien under section 201(b)(2)(A)(i) of the Im19 migration and Nationality Act (8 U.S.C.

20 1151(b)(2)(A)(i)). For purposes of such Act, such

21 a petition shall be considered a petition filed

22 under section 204(a)(1)(A) of such Act (8 U.S.C.

23 1154(a)(1)(A)).

24 (3) PARENTS.—
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1 (A) IN GENERAL.—In the case of an alien

2 who was the parent of a citizen of the United

3 States at the time of the citizen’s death, if the

4 citizen served honorably in an active duty status

5 in the military, air, or naval forces of the United

6 States and died as a result of injury or disease

7 incurred in or aggravated by combat, the alien

8 shall be considered, for purposes of section 201(b)

9 of the Immigration and Nationality Act (8

10 U.S.C. 1151(b)), to remain an immediate rel11 ative after the date of the citizen’s death (regard12 less of changes in age or marital status there13 after), but only if the alien files a petition under

14 subparagraph (B) within 2 years after such date.

15 (B) PETITIONS.—An alien described in sub16 paragraph (A) may file a petition with the Sec17 retary of Homeland Security for classification of

18 the alien under section 201(b)(2)(A)(i) of the Im19 migration and Nationality Act (8 U.S.C.

20 1151(b)(2)(A)(i)). For purposes of such Act, such

21 a petition shall be considered a petition filed

22 under section 204(a)(1)(A) of such Act (8 U.S.C.

23 1154(a)(1)(A)).

24 (C) EXCEPTION.—Notwithstanding section

25 201(b)(2)(A)(i) of the Immigration and Nation-
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1 ality Act (8 U.S.C. 1151(b)(2)(A)(i)), for pur2 poses of this paragraph, a citizen described in

3 subparagraph (A) does not have to be 21 years

4 of age for a parent to benefit under this para5 graph.

6 (b) APPLICATIONS FOR ADJUSTMENT OF STATUS BY

7 SURVIVING SPOUSES, CHILDREN, AND PARENTS.—

8 (1) IN GENERAL.—Notwithstanding subsections

9 (a) and (c) of section 245 of the Immigration and Na10 tionality Act (8 U.S.C. 1255), any alien who was the

11 spouse, child, or parent of an alien described in para12 graph (2), and who applied for adjustment of status

13 prior to the death described in paragraph (2)(B),

14 may have such application adjudicated as if such

15 death had not occurred.

16 (2) ALIEN DESCRIBED.—An alien is described in

17 this paragraph if the alien—

18 (A) served honorably in an active duty sta19 tus in the military, air, or naval forces of the

20 United States;

21 (B) died as a result of injury or disease in22 curred in or aggravated by combat; and

23 (C) was granted posthumous citizenship

24 under section 329A of the Immigration and Na25 tionality Act (8 U.S.C. 1440–1).
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1 (c) SPOUSES AND CHILDREN OF LAWFUL PERMANENT

2 RESIDENT ALIENS.—

3 (1) TREATMENT AS IMMEDIATE RELATIVES.—

4 (A) IN GENERAL.—A spouse or child of an

5 alien described in paragraph (3) who is included

6 in a petition for classification as a family-spon7 sored immigrant under section 203(a)(2) of the

8 Immigration and Nationality Act (8 U.S.C.

9 1153(a)(2)) that was filed by such alien, shall be

10 considered (if the spouse or child has not been

11 admitted or approved for lawful permanent resi12 dence by such date) a valid petitioner for imme13 diate relative status under section

14 201(b)(2)(A)(i) of the Immigration and Nation15 ality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such

16 spouse or child shall be eligible for deferred ac17 tion, advance parole, and work authorization.

18 (B) PETITIONS.—An alien spouse or child

19 described in subparagraph (A) may file a peti20 tion with the Secretary of Homeland Security

21 for classification of the alien under section

22 201(b)(2)(A)(i) of the Immigration and Nation23 ality Act (8 U.S.C. 1151(b)(2)(A)(i)). For pur24 poses of such Act, such a petition shall be consid-
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1 ered a petition filed under section 204(a)(1)(A)

2 of such Act (8 U.S.C. 1154(a)(1)(A)).

3 (2) SELF-PETITIONS.—Any spouse or child of an

4 alien described in paragraph (3) who is not a bene5 ficiary of a petition for classification as a family6 sponsored immigrant may file a petition for such

7 classification under section 201(b)(2)(A)(i) of the Im8 migration and Nationality Act (8 U.S.C.

9 1151(b)(2)(A)(i)) with the Secretary of Homeland Se10 curity, but only if the spouse or child files a petition

11 within 2 years after such date. Such spouse or child

12 shall be eligible for deferred action, advance parole,

13 and work authorization.

14 (3) ALIEN DESCRIBED.—An alien is described in

15 this paragraph if the alien—

16 (A) served honorably in an active duty sta17 tus in the military, air, or naval forces of the

18 United States;

19 (B) died as a result of injury or disease in20 curred in or aggravated by combat; and

21 (C) was granted posthumous citizenship

22 under section 329A of the Immigration and Na23 tionality Act (8 U.S.C. 1440–1).

24 (d) PARENTS OF LAWFUL PERMANENT RESIDENT

25 ALIENS.—
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1 (1) SELF-PETITIONS.—Any parent of an alien

2 described in paragraph (2) may file a petition for

3 classification under section 201(b)(2)(A)(i) of the Im4 migration and Nationality Act (8 U.S.C.

5 1151(b)(2)(A)(i)), but only if the parent files a peti6 tion within 2 years after such date. For purposes of

7 such Act, such petition shall be considered a petition

8 filed under section 204(a)(1)(A) of such Act (8 U.S.C.

9 1154(a)(1)(A)). Such parent shall be eligible for de10 ferred action, advance parole, and work authoriza11 tion.

12 (2) ALIEN DESCRIBED.—An alien is described in

13 this paragraph if the alien—

14 (A) served honorably in an active duty sta15 tus in the military, air, or naval forces of the

16 United States;

17 (B) died as a result of injury or disease in18 curred in or aggravated by combat; and

19 (C) was granted posthumous citizenship

20 under section 329A of the Immigration and Na21 tionality Act (8 U.S.C. 1440–1).

22 (e) ADJUSTMENT OF STATUS.—Notwithstanding sub23 sections (a) and (c) of section 245 of the Immigration and

24 Nationality Act (8 U.S.C. 1255), an alien physically

25 present in the United States who is the beneficiary of a
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1 petition under paragraph (1), (2)(B), or (3)(B) of sub2 section (a), paragraph (1)(B) or (2) of subsection (c), or

3 subsection (d)(1) of this section, may apply to the Secretary

4 of Homeland Security for adjustment of status to that of

5 an alien lawfully admitted for permanent residence.

6 (f) WAIVER OF CERTAIN GROUNDS OF INADMIS7 SIBILITY.—In determining the admissibility of any alien

8 accorded an immigration benefit under this section, the

9 ground for inadmissibility specified in section 212(a)(4) of

10 the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))

11 shall not apply, and notwithstanding any other provision

12 of law, the Secretary of Homeland Security may waive

13 paragraph (6)(A), (7), and (9)(B) of section 212(a) of the

14 Immigration and Nationality Act (8 U.S.C. 1182(a)) with

15 respect to such an alien if the alien establishes exceptional

16 and extremely unusual hardship to the alien or the alien’s

17 spouse, parent, or child, who is a citizen of the United

18 States or an alien lawfully admitted for permanent resi19 dence. Any such waiver by the Secretary of Homeland Secu20 rity shall be in writing and shall be granted only on an

21 individual basis following an investigation.

22 (g) BENEFITS TO SURVIVORS; TECHNICAL AMEND23 MENT.—Section 329A of the Immigration and Nationality

24 Act (8 U.S.C. 1440–1) is amended—

25 (1) by striking subsection (e); and
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1 (2) by striking ‘‘Attorney General’’ each place

2 that term appears and inserting ‘‘Secretary of Home3 land Security’’.

4 (h) TECHNICAL AND CONFORMING AMENDMENTS.—

5 Section 319(d) of the Immigration and Nationality Act (8

6 U.S.C. 1430(d)) is amended—

7 (1) by inserting ‘‘, child, or parent’’ after ‘‘sur8 viving spouse’’;

9 (2) by inserting ‘‘, parent, or child’’ after ‘‘whose

10 citizen spouse’’; and

11 (3) by striking ‘‘who was living’’ and inserting

12 ‘‘who, in the case of a surviving spouse, was living’’.

13 SEC. 665. EFFECTIVE DATE.

14 This subtitle and the amendments made by this sub15 title shall take effect as if enacted on September 11, 2001.

16 TITLE VII—HEALTH CARE

17 SEC. 701. MEDICAL AND DENTAL SCREENING FOR MEM18 BERS OF SELECTED RESERVE UNITS ALERT19 ED FOR MOBILIZATION.

20 Section 1074a of title 10, United States Code, is

21 amended by adding at the end the following new subsection:

22 ‘‘(f)(1) At any time after the Secretary concerned noti23 fies members of the Ready Reserve that the members are

24 to be called or ordered to active duty, the administering

25 Secretaries may provide to each such member any medical
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1 and dental screening and care that is necessary to ensure

2 that the member meets the applicable medical and dental

3 standards for deployment.

4 ‘‘(2) The screening and care authorized under para5 graph (1) shall include screening and care under

6 TRICARE, pursuant to eligibility under paragraph (3),

7 and continuation of care benefits under paragraph (4).

8 ‘‘(3)(A) Members of the Selected Reserve of the Ready

9 Reserve and members of the Individual Ready Reserve de10 scribed in section 10144(b) of this title are eligible, subject

11 to subparagraph (I), to enroll in TRICARE.

12 ‘‘(B) A member eligible under subparagraph (A) may

13 enroll for either of the following types of coverage:

14 ‘‘(i) Self alone coverage.

15 ‘‘(ii) Self and family coverage.

16 ‘‘(C) An enrollment by a member for self and family

17 covers the member and the dependents of the member who

18 are described in subparagraph (A), (D), or (I) of section

19 1072(2) of this title.

20 ‘‘(D) The Secretary of Defense shall provide for at least

21 one open enrollment period each year. During an open en22 rollment period, a member eligible under subparagraph (A)

23 may enroll in the TRICARE program or change or termi24 nate an enrollment in the TRICARE program.
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1 ‘‘(E) A member and the dependents of a member en2 rolled in the TRICARE program under this paragraph

3 shall be entitled to the same benefits under this chapter as

4 a member of the uniformed services on active duty or a de5 pendent of such a member, respectively. Section 1074(c) of

6 this title shall apply with respect to a member enrolled in

7 the TRICARE program under this section.

8 ‘‘(F)(i) An enlisted member of the armed forces en9 rolled in the TRICARE program under this section shall

10 pay an annual premium of $330 for self-only coverage and

11 $560 for self and family coverage for which enrolled under

12 this section.

13 ‘‘(ii) An officer of the armed forces enrolled in the

14 TRICARE program under this section shall pay an annual

15 premium of $380 for self-only coverage and $610 for self

16 and family coverage for which enrolled under this section.

17 ‘‘(iii) The premiums payable by a member under this

18 subparagraph may be deducted and withheld from basic

19 pay payable to the member under section 204 of title 37

20 or from compensation payable to the member under section

21 206 of such title. The Secretary shall prescribe the require22 ments and procedures applicable to the payment of pre23 miums by members not entitled to such basic pay or com24 pensation.
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1 ‘‘(iv) Amounts collected as premiums under this sub2 paragraph shall be credited to the appropriation available

3 for the Defense Health Program Account under section 1100

4 of this title, shall be merged with sums in such Account

5 that are available for the fiscal year in which collected, and

6 shall be available under subparagraph (B) of such section

7 for such fiscal year.

8 ‘‘(G) A person who receives health care pursuant to

9 an enrollment in a TRICARE program option under this

10 paragraph, including a member who receives such health

11 care, shall be subject to the same deductibles, copayments,

12 and other nonpremium charges for health care as apply

13 under this chapter for health care provided under the same

14 TRICARE program option to dependents described in sub15 paragraph (A), (D), or (I) of section 1072(2) of this title.

16 ‘‘(H) A member enrolled in the TRICARE program

17 under this paragraph may terminate the enrollment only

18 during an open enrollment period provided under subpara19 graph (D), except as provided in subparagraph (I). An en20 rollment of a member for self alone or for self and family

21 under this paragraph shall terminate on the first day of

22 the first month beginning after the date on which the mem23 ber ceases to be eligible under subparagraph (A). The enroll24 ment of a member under this paragraph may be terminated
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1 on the basis of failure to pay the premium charged the

2 member under this paragraph.

3 ‘‘(I) A member may not enroll in the TRICARE pro4 gram under this paragraph while entitled to transitional

5 health care under subsection (a) of section 1145 of this title

6 or while authorized to receive health care under subsection

7 (c) of such section. A member who enrolls in the TRICARE

8 program under this paragraph within 90 days after the

9 date of the termination of the member’s entitlement or eligi10 bility to receive health care under subsection (a) or (c) of

11 section 1145 of this title may terminate the enrollment at

12 any time within one year after the date of the enrollment.

13 ‘‘(J) The Secretary of Defense, in consultation with the

14 other administering Secretaries, shall prescribe regulations

15 for the administration of this paragraph.

16 ‘‘(4)(A) The Secretary concerned shall pay the applica17 ble premium to continue in force any qualified health bene18 fits plan coverage for an eligible reserve component member

19 for the benefits coverage continuation period if timely elect20 ed by the member in accordance with regulations prescribed

21 under subparagraph (J).

22 ‘‘(B) A member of a reserve component is eligible for

23 payment of the applicable premium for continuation of

24 qualified health benefits plan coverage under subparagraph

25 (A) while serving on active duty pursuant to a call or order
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1 issued under a provision of law referred to in section

2 101(a)(13)(B) of this title during a war or national emer3 gency declared by the President or Congress.

4 ‘‘(C) For the purposes of this paragraph, health bene5 fits plan coverage for a member called or ordered to active

6 duty is qualified health benefits plan coverage if—

7 ‘‘(i) the coverage was in force on the date on

8 which the Secretary notified the member that issuance

9 of the call or order was pending or, if no such notifi10 cation was provided, the date of the call or order;

11 ‘‘(ii) on such date, the coverage applied to the

12 member and dependents of the member described in

13 subparagraph (A), (D), or (I) of section 1072(2) of

14 this title; and

15 ‘‘(iii) the coverage has not lapsed.

16 ‘‘(D) The applicable premium payable under this

17 paragraph for continuation of health benefits plan coverage

18 in the case of a member is the amount of the premium pay19 able by the member for the coverage of the member and de20 pendents.

21 ‘‘(E) The total amount that the Department of Defense

22 may pay for the applicable premium of a health benefits

23 plan for a member under this paragraph in a fiscal year

24 may not exceed the amount determined by multiplying—
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1 ‘‘(i) the sum of one plus the number of the mem2 ber’s dependents covered by the health benefits plan,

3 by

4 ‘‘(ii) the per capita cost of providing TRICARE

5 coverage and benefits for dependents under this chap6 ter for such fiscal year, as determined by the Sec7 retary of Defense.

8 ‘‘(F) The benefits coverage continuation period under

9 this paragraph for qualified health benefits plan coverage

10 in the case of a member called or ordered to active duty

11 is the period that—

12 ‘‘(i) begins on the date of the call or order; and

13 ‘‘(ii) ends on the earlier of the date on which the

14 member’s eligibility for transitional health care under

15 section 1145(a) of this title terminates under para16 graph (3) of such section, or the date on which the

17 member elects to terminate the continued qualified

18 health benefits plan coverage of the dependents of the

19 member.

20 ‘‘(G) Notwithstanding any other provision of law—

21 ‘‘(i) any period of coverage under a COBRA con22 tinuation provision (as defined in section 9832(d)(1)

23 of the Internal Revenue Code of 1986) for a member

24 under this paragraph shall be deemed to be equal to
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1 the benefits coverage continuation period for such

2 member under this paragraph; and

3 ‘‘(ii) with respect to the election of any period of

4 coverage under a COBRA continuation provision (as

5 so defined), rules similar to the rules under section

6 4980B(f)(5)(C) of such Code shall apply.

7 ‘‘(H) A dependent of a member who is eligible for bene8 fits under qualified health benefits plan coverage paid on

9 behalf of a member by the Secretary concerned under this

10 paragraph is not eligible for benefits under the TRICARE

11 program during a period of the coverage for which so paid.

12 ‘‘(I) A member who makes an election under subpara13 graph (A) may revoke the election. Upon such a revocation,

14 the member’s dependents shall become eligible for benefits

15 under the TRICARE program as provided for under this

16 chapter.

17 ‘‘(J) The Secretary of Defense shall prescribe regula18 tions for carrying out this paragraph. The regulations shall

19 include such requirements for making an election of pay20 ment of applicable premiums as the Secretary considers ap21 propriate.

22 ‘‘(5) For the purposes of this section, all members of

23 the Ready Reserve who are to be called or ordered to active

24 duty include all members of the Ready Reserve.
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1 ‘‘(6) The Secretary concerned shall promptly notify all

2 members of the Ready Reserve that they are eligible for

3 screening and care under this section.

4 ‘‘(7) A member provided medical or dental screening

5 or care under paragraph (1) may not be charged for the

6 screening or care.’’.

7 SEC. 702. TRICARE BENEFICIARY COUNSELING AND AS8 SISTANCE COORDINATORS FOR RESERVE

9 COMPONENT BENEFICIARIES.

10 Section 1095e(a)(1) of title 10, United States Code, is

11 amended—

12 (1) by striking ‘‘and’’ at the end of subpara13 graph (A);

14 (2) by redesignating subparagraph (B) as sub15 paragraph (C); and

16 (3) by inserting after subparagraph (A) the fol17 lowing new subparagraph (B):

18 ‘‘(B) designate for each of the TRICARE

19 program regions at least one person (other than

20 a person designated under subparagraph (A)) to

21 serve full-time as a beneficiary counseling and

22 assistance coordinator solely for members of the

23 reserve components and their dependents who are

24 beneficiaries under the TRICARE program;

25 and’’.
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1 SEC. 703. EXTENSION OF AUTHORITY TO ENTER INTO PER2 SONAL SERVICES CONTRACTS FOR HEALTH

3 CARE SERVICES TO BE PERFORMED AT LOCA4 TIONS OUTSIDE MEDICAL TREATMENT FA5 CILITIES.

6 Section 1091(a)(2) of title 10, United States Code, is

7 amended by striking ‘‘December 31, 2003’’ and inserting

8 ‘‘December 31, 2008’’.

9 SEC. 704. DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE

10 RETIREE HEALTH CARE FUND VALUATIONS

11 AND CONTRIBUTIONS.

12 (a) SEPARATE PERIODIC ACTUARIAL VALUATION FOR

13 SINGLE UNIFORMED SERVICE.—Section 1115(c) of title 10,

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

15 following new paragraph:

16 ‘‘(6) The Secretary of Defense may determine a single

17 level dollar amount under subparagraph (A) or (B) of para18 graph (1) for each or any of the participating uniformed

19 services separately from the other participating uniformed

20 services if the Secretary determines that a more accurate

21 and appropriate actuarial valuation under such subpara22 graph would be achieved by doing so.’’.

23 (b) ASSOCIATED CALCULATIONS OF PAYMENTS INTO

24 THE FUND.—Section 1116 of such title is amended—
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1 (1) in subsection (a), by striking ‘‘the amount

2 that’’ in the matter preceding paragraph (1) and in3 serting ‘‘the amount that, subject to subsection (b),’’;

4 (2) by redesignating subsections (b) and (c) as

5 subsections (c) and (d), respectively; and

6 (3) by inserting after subsection (a) the following

7 new subsection (b):

8 ‘‘(b) If an actuarial valuation referred to in paragraph

9 (1) or (2) of subsection (a) has been calculated in a single

10 level dollar amount for a participating uniformed service

11 separately from the other participating uniformed services

12 under section 1115(c)(6) of this title, the administering Sec13 retary for the department in which such uniformed service

14 is operating shall calculate the amount under such para15 graph separately for such uniformed service. If the admin16 istering Secretary is not the Secretary of Defense, the ad17 ministering Secretary shall notify the Secretary of Defense

18 of the amount so calculated. To determine a single amount

19 for the purpose of paragraph (1) or (2) of subsection (a),

20 as the case may be, the Secretary of Defense shall aggregate

21 the amount calculated under this subsection for a uniformed

22 service for the purpose of such paragraph with the amount

23 or amounts calculated (whether separately or otherwise) for

24 the other uniformed services for the purpose of such para25 graph.’’.
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1 (c) TECHNICAL CORRECTION.—Section 1115(c)(1)(B)

2 of such title is amended by striking ‘‘and other than mem3 bers’’ and inserting ‘‘(other than members’’

4 (d) CONFORMING AMENDMENT.—Subsections (a) and

5 (c)(5) of section 1115 of such title are amended by striking

6 ‘‘section 1116(b) of this title’’ and inserting section ‘‘1116(c)

7 of this title’’.

8 SEC. 705. SURVEYS ON CONTINUED VIABILITY OF TRICARE

9 STANDARD.

10 (a) REQUIREMENT FOR SURVEYS.—(1) The Secretary

11 of Defense shall conduct surveys in the TRICARE Standard

12 market areas in the continental United States to determine

13 how many health care providers are accepting new patients

14 under TRICARE Standard in each such market area.

15 (2) The Secretary shall carry out the surveys in at

16 least 20 TRICARE market areas in the continental United

17 States each fiscal year after fiscal year 2003 until all such

18 market areas in the continental United States have been

19 surveyed. The Secretary shall complete six of the fiscal year

20 2004 surveys not later than March 31, 2004.

21 (3) In prioritizing the market areas for the sequence

22 in which market areas are to be surveyed under this sub23 section, the Secretary shall consult with representatives of

24 TRICARE beneficiaries and health care providers to iden25 tify locations where TRICARE Standard beneficiaries are
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1 experiencing significant levels of access-to-care problems

2 under TRICARE Standard and shall give a high priority

3 to surveying health care providers in such areas.

4 (b) SUPERVISION.—(1) The Secretary shall designate

5 a senior official of the Department of Defense to take the

6 actions necessary for achieving and maintaining participa7 tion of health care providers in TRICARE Standard in

8 each TRICARE market area in a number that is adequate

9 to ensure the viability of TRICARE Standard for

10 TRICARE beneficiaries in that market area.

11 (2) The official designated under paragraph (1) shall

12 have the following duties:

13 (A) To educate health care providers about

14 TRICARE Standard.

15 (B) To encourage health care providers to accept

16 patients under TRICARE Standard.

17 (C) To ensure that TRICARE beneficiaries have

18 the information necessary to locate TRICARE Stand19 ard providers readily.

20 (D) To recommend adjustments in TRICARE

21 Standard provider payment rates that the official

22 considers necessary to ensure adequate availability of

23 TRICARE Standard providers for TRICARE Stand24 ard beneficiaries.
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1 (c) GAO REVIEW.—(1) The Comptroller General shall,

2 on an ongoing basis, review—

3 (A) the processes, procedures, and analysis used

4 by the Department of Defense to determine the ade5 quacy of the number of health care providers accept6 ing TRICARE Standard beneficiaries as patients

7 under TRICARE Standard in each TRICARE mar8 ket area; and

9 (B) the actions taken by the Department of De10 fense to ensure ready access of TRICARE Standard

11 beneficiaries to health care under TRICARE Stand12 ard in each TRICARE market area.

13 (2)(A) The Comptroller General shall submit to the

14 Committees on Armed Services of the Senate and the House

15 of Representatives a semiannual report on the results of the

16 review under paragraph (1). The first semiannual report

17 shall be submitted not later than June 30, 2004.

18 (B) The semiannual report under subparagraph (A)

19 shall include the following:

20 (i) An analysis of the adequacy of the surveys

21 under subsection (a).

22 (ii) The adequacy of existing statutory authority

23 to address inadequate levels of participation by health

24 care providers in TRICARE Standard.
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1 (iii) Identification of policy-based obstacles to

2 achieving adequacy of availability of TRICARE

3 Standard health care in the TRICARE Standard

4 market areas.

5 (iv) An assessment of the adequacy of Depart6 ment of Defense education programs to inform health

7 care providers about TRICARE Standard.

8 (v) An assessment of the adequacy of Department

9 of Defense initiatives to encourage health care pro10 viders to accept patients under TRICARE Standard.

11 (vi) An assessment of the adequacy of informa12 tion to TRICARE Standard beneficiaries to facilitate

13 access by such beneficiaries to health care under

14 TRICARE Standard.

15 (vii) Any need for adjustment of health care pro16 vider payment rates to attract participation in

17 TRICARE Standard by appropriate numbers of

18 health care providers.

19 (d) DEFINITION.—In this section, the term

20 ‘‘TRICARE Standard’’ means the option of the TRICARE

21 program that is also known as the Civilian Health and

22 Medical Program of the Uniformed Services, as defined in

23 section 1072(4) of title 10, United States Code.
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1 SEC. 706. ELIMINATION OF LIMITATION ON COVERED

2 BENEFICIARIES’ ELIGIBILITY TO RECEIVE

3 HEALTH CARE SERVICES FROM FORMER PUB4 LIC HEALTH SERVICE TREATMENT FACILI5 TIES.

6 Section 724(d) of the National Defense Authorization

7 Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C.

8 1073 note) is amended by striking ‘‘who—’’ and all that

9 follows through ‘‘(2) are enrolled’’ and inserting ‘‘who are

10 enrolled’’.

11 SEC. 707. MODIFICATION OF STRUCTURE AND DUTIES OF

12 DEPARTMENT OF VETERANS AFFAIRS-DE13 PARTMENT OF DEFENSE HEALTH EXECUTIVE

14 COMMITTEE.

15 (a) IN GENERAL.—Subsection (c) of section 8111 of

16 title 38, United States Code, is amended to read as follows:

17 ‘‘(c) DOD–VA JOINT EXECUTIVE COMMITTEE.—(1)

18 There is established an interagency committee to be known

19 as the Department of Veterans Affairs-Department of De20 fense Joint Executive Committee (hereinafter in this section

21 referred to as the ‘Committee’).

22 ‘‘(2) The Committee shall be composed of—

23 ‘‘(A) the Deputy Secretary of Veterans Affairs

24 and such other officers and employees of the Depart25 ment as the Secretary may designate; and
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1 ‘‘(B) the Under Secretary of Defense for Per2 sonnel and Readiness and such other officers and em3 ployees of the Department of Defense as the Secretary

4 of Defense may designate.

5 ‘‘(3)(A) The Deputy Secretary and the Under Sec6 retary shall determine the size and structure of the Com7 mittee, except that the Committee shall have subordinate

8 committees as follows:

9 ‘‘(i) A Health Executive Committee.

10 ‘‘(ii) A Benefits Executive Committee.

11 ‘‘(iii) Such other subordinate committees as the

12 Deputy Secretary and the Under Secretary consider

13 appropriate.

14 ‘‘(B) The Deputy Secretary and the Under Secretary

15 shall establish the administrative and procedural guidelines

16 for the operation of the Committee.

17 ‘‘(C) The two Departments shall supply staff and re18 sources to the Committee in order to provide such adminis19 trative support and services for the Committee as are nec20 essary for the efficient operation of the Committee.

21 ‘‘(4) The Committee shall recommend to the Secretaries

22 strategic direction for the joint coordination and sharing

23 of efforts between and within the two Departments under

24 this section, and shall oversee implementation of such co25 ordination and efforts.
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1 ‘‘(5) In order to enable the Committee to make rec2 ommendations under paragraph (4) in its annual report

3 under paragraph (6), the Committee shall—

4 ‘‘(A) review existing policies, procedures, and

5 practices relating to the coordination and sharing of

6 health care resources and other resources between the

7 two Departments;

8 ‘‘(B) identify changes in policies, procedures,

9 and practices that, in the judgment of the Committee,

10 would promote mutually beneficial coordination, use,

11 or exchange of use of services and health care re12 sources and other resources of the two Departments in

13 order to achieve the goal of improving the quality, ef14 ficiency, and effectiveness of the delivery of benefits

15 and services to veterans, members of the Armed

16 Forces, military retirees, and their families through

17 an enhanced partnership between the two Depart18 ments;

19 ‘‘(C) identify and assess further opportunities for

20 coordination and collaboration between the two De21 partments that, in the judgment of the Committee,

22 would not adversely affect the range of services, the

23 quality of care, or the established priorities for bene24 fits provided by either Department;
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1 ‘‘(D) review the plans of both agencies for the ac2 quisition of additional health care resources and other

3 resources, especially new facilities and major equip4 ment and technology, in order to assess the potential

5 effect of such plans on further opportunities for the

6 coordination and sharing of such resources; and

7 ‘‘(E) review the implementation of activities de8 signed to promote the coordination and sharing of

9 health care resources and other resources between the

10 two Departments.

11 ‘‘(6) The Committee shall submit to the Secretaries,

12 and to Congress, each year a report containing such rec13 ommendations as the Committee considers appropriate, in14 cluding recommendations in light of activities under para15 graph (5).’’.

16 (b) CONFORMING AMENDMENT.—Subsection (e)(1) of

17 such section is amended by striking ‘‘subsection (c)(2)’’ and

18 inserting ‘‘subsection (c)(4)’’.

19 (c) EFFECTIVE DATE.—The amendments made by this

20 section shall take effect on October 1, 2003, as if included

21 in the amendments to section 8111 of title 38, United States

22 Code, made by section 721 of the Bob Stump National De23 fense Authorization Act for Fiscal Year 2003 (Public Law

24 107–314; 116 Stat. 2589), to which the amendments made

25 by this section relate.
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1 (d) INTEGRATED HEALING CARE PRACTICES.—(1)

2 The Secretary of Defense and the Secretary of Veterans Af3 fairs may, acting through the Department of Veterans Af4 fairs-Department of Defense Joint Executive Committee,

5 conduct a program to develop and evaluate integrated heal6 ing care practices for members of the Armed Forces and

7 veterans.

8 (2) Amounts authorized to be appropriated by section

9 301(21) for the Defense Health Program may be available

10 for the program under paragraph (1).

11 SEC. 708. ELIGIBILITY OF RESERVE OFFICERS FOR

12 HEALTH CARE PENDING ORDERS TO ACTIVE

13 DUTY FOLLOWING COMMISSIONING.

14 Section 1074(a) of title 10, United States Code, is

15 amended—

16 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

17 (2) by striking ‘‘who is on active duty’’ and in18 serting ‘‘described in paragraph (2)’’; and

19 (3) by adding at the end the following new para20 graph:

21 ‘‘(2) Members of the uniformed services referred to in

22 paragraph (1) are as follows:

23 ‘‘(A) A member of a uniformed service on active

24 duty.
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1 ‘‘(B) A member of a reserve component of a uni2 formed service who has been commissioned as an offi3 cer if—

4 ‘‘(i) the member has requested orders to ac5 tive duty for the member’s initial period of ac6 tive duty following the commissioning of the

7 member as an officer;

8 ‘‘(ii) the request for orders has been ap9 proved;

10 ‘‘(iii) the orders are to be issued but have

11 not been issued; and

12 ‘‘(iv) the member does not have health care

13 insurance and is not covered by any other health

14 benefits plan.’’.

15 SEC. 709. REIMBURSEMENT OF COVERED BENEFICIARIES

16 FOR CERTAIN TRAVEL EXPENSES RELATING

17 TO SPECIALIZED DENTAL CARE.

18 Section 1074i of title 10, United States Code, is

19 amended—

20 (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In

21 any case’’; and

22 (2) by adding at the end the following new sub23 section:

24 ‘‘(b) SPECIALTY CARE PROVIDERS.—For purposes of

25 subsection (a), the term ‘specialty care provider’ includes
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1 a dental specialist (including an oral surgeon, orthodontist,

2 prosthodontist, periodontist, endodontist, or pediatric den3 tist).’’.

4 TITLE VIII—ACQUISITION POL5 ICY, ACQUISITION MANAGE6 MENT, AND RELATED MAT7 TERS

8 Subtitle A—Acquisition Policy and

9 Management

10 SEC. 801. TEMPORARY EMERGENCY PROCUREMENT AU11 THORITY TO FACILITATE DEFENSE AGAINST

12 OR RECOVERY FROM TERRORISM OR NU13 CLEAR, BIOLOGICAL, CHEMICAL, OR RADIO14 LOGICAL ATTACK.

15 (a) EXTENSION OF AUTHORITY.—Section 836(a) of the

16 National Defense Authorization Act for Fiscal Year 2002

17 (Public Law 107–107; 115 Stat. 1192; 10 U.S.C. 2302 note)

18 is amended by striking ‘‘fiscal year 2002 and 2003’’ and

19 inserting ‘‘fiscal years 2002, 2003, 2004, and 2005’’.

20 (b) EXPANDED SCOPE.—Such section 836(a) is further

21 amended—

22 (1) in paragraph (1), by striking ‘‘the defense

23 against terrorism or biological or chemical attack’’

24 and inserting ‘‘defense against or recovery from ter-
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1 rorism or nuclear, biological, chemical, or radiological

2 attack’’; and

3 (2) in paragraph (2), by striking ‘‘the defense

4 against terrorism or biological attack’’ and inserting

5 ‘‘defense against or recovery from terrorism or nu6 clear, biological, chemical, or radiological attack’’.

7 (c) CONFORMING AMENDMENT.—The heading for such

8 section is amended to read as follows:

9 ‘‘SEC. 836. TEMPORARY EMERGENCY PROCUREMENT AU10 THORITY TO FACILITATE DEFENSE AGAINST

11 OR RECOVERY FROM TERRORISM OR NU12 CLEAR, BIOLOGICAL, CHEMICAL, OR RADIO13 LOGICAL ATTACK.’’

14 SEC. 802. SPECIAL TEMPORARY CONTRACT CLOSEOUT AU15 THORITY.

16 (a) AUTHORITY.—The Secretary of Defense may settle

17 any financial account for a contract entered into by the

18 Secretary or the Secretary of a military department before

19 October 1, 1996, that is administratively complete if the

20 financial account has an unreconciled balance, either posi21 tive or negative, that is less than $100,000.

22 (b) FINALITY OF DECISION.—A settlement under this

23 section shall be final and conclusive upon the accounting

24 officers of the United States.
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1 (c) REGULATIONS.—The Secretary of Defense shall

2 prescribe regulations for the administration of the authority

3 under this section.

4 (d) TERMINATION OF AUTHORITY.—A financial ac5 count may not be settled under this section after September

6 30, 2006.

7 SEC. 803. DEFENSE ACQUISITION PROGRAM MANAGEMENT

8 FOR USE OF RADIO FREQUENCY SPECTRUM.

9 (a) REVISION OF DEPARTMENT OF DEFENSE DIREC10 TIVE.—Not later than one year after the date of the enact11 ment of this Act, the Secretary of Defense shall revise and

12 reissue Department of Defense Directive 4650.1, relating to

13 management and use of the radio frequency spectrum, last

14 issued on June 24, 1987, to update the procedures applica15 ble to Department of Defense management and use of the

16 radio frequency spectrum.

17 (b) ACQUISITION PROGRAM REQUIREMENTS.—The

18 Secretary of Defense shall—

19 (1) require that each military department or De20 fense Agency carrying out a program for the acquisi21 tion of a system that is to use the radio frequency

22 spectrum consult with the official or board designated

23 under subsection (c) on the usage of the spectrum by

24 the system as early as practicable during the concept
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1 exploration and technology development phases of the

2 acquisition program;

3 (2) prohibit the program from proceeding into

4 system development and demonstration, or otherwise

5 obtaining production or procuring any unit of the

6 system, until—

7 (A) an evaluation of the proposed radio fre8 quency spectrum usage by the system is com9 pleted in accordance with requirements pre10 scribed by the Secretary; and

11 (B) the designated official or board reviews

12 and approves the proposed usage of the spectrum

13 by the system; and

14 (3) prescribe a procedure for waiving the prohi15 bition imposed under paragraph (2) in any case in

16 which it is determined necessary to do so in the na17 tional security interests of the United States.

18 (c) DESIGNATION OF OFFICIAL OR BOARD.—The Sec19 retary of Defense shall designate an appropriate official or

20 board of the Department of Defense to perform the functions

21 described for the official or board in subsection (b).

22 SEC. 804. NATIONAL SECURITY AGENCY MODERNIZATION

23 PROGRAM.

24 (a) RESPONSIBILITIES OF UNDER SECRETARY OF DE25 FENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS.—
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1 The Secretary of Defense, acting through the Under Sec2 retary of Defense for Acquisition, Technology, and Logistics,

3 shall—

4 (1) direct and manage the acquisitions under the

5 National Security Agency Modernization Program;

6 and

7 (2) designate the projects under such program as

8 major defense acquisition programs.

9 (b) PROJECTS COMPRISING PROGRAM.—The National

10 Security Agency Modernization Program includes the fol11 lowing projects of the National Security Agency:

12 (1) The Trailblazer project.

13 (2) The Groundbreaker project.

14 (3) Each cryptological mission management

15 project.

16 (4) Each other project that—

17 (A) meets either of the dollar threshold re18 quirements set forth in subsection (a)(2) of sec19 tion 2430 of title 10, United States Code (as ad20 justed under subsection (b) of such section); and

21 (B) is determined by the Under Secretary of

22 Defense for Acquisition, Technology, and Logis23 tics as being a modernization project of the Na24 tional Security Agency.
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1 (c) MILESTONE DECISION AUTHORITY.—(1) In the ad2 ministration of subsection (a), the Under Secretary of De3 fense for Acquisition, Technology, and Logistics shall exer4 cise the milestone decision authority for—

5 (A) each major defense acquisition program

6 under the National Security Agency Modernization

7 Program, as designated under subsection (a)(2); and

8 (B) the acquisition of each major system under

9 the National Security Agency Modernization Pro10 gram, as described in subsection (d).

11 (2) The Under Secretary may not delegate the mile12 stone decision authority to any other official before October

13 1, 2006.

14 (3) The Under Secretary may delegate the milestone

15 decision authority to the Director of the National Security

16 Agency at any time after the later of September 30, 2006,

17 or the date on which the following conditions are satisfied:

18 (A) The Under Secretary has determined that the

19 Director has implemented acquisition management

20 policies, procedures, and practices that are suffi21 ciently mature to ensure that National Security

22 Agency acquisitions are conducted in a manner con23 sistent with a sound, efficient acquisition enterprise.

24 (B) The Under Secretary has consulted with the

25 Under Secretary of Defense for Intelligence and the
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1 Deputy Director of Central Intelligence for Commu2 nity Management on the delegation.

3 (C) The Secretary of Defense has approved the

4 delegation.

5 (D) The Under Secretary has transmitted to the

6 Committees on Armed Services of the Senate and the

7 House of Representatives, the Select Committee on In8 telligence of the Senate, and the Permanent Select

9 Committee on Intelligence of the House of Representa10 tives a notification of the intention to delegate the au11 thority, together with a detailed discussion of the jus12 tification for the delegation of authority.

13 (d) MAJOR SYSTEM DEFINED.—In this section, the

14 term ‘‘major system’’ means a system that meets either of

15 the dollar threshold requirements set forth in paragraph (1)

16 or (2) of subsection (a) of section 2302d of title 10, United

17 States Code (as adjusted under subsection (c) of such sec18 tion).

19 SEC. 805. QUALITY CONTROL IN PROCUREMENT OF AVIA20 TION CRITICAL SAFETY ITEMS AND RELATED

21 SERVICES.

22 (a) QUALITY CONTROL POLICY.—The Secretary of De23 fense shall prescribe a quality control policy for the procure24 ment of aviation critical safety items and the procurement

25 of modifications, repair, and overhaul of such items.
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1 (b) CONTENT OF POLICY.—The policy shall include the

2 following requirements:

3 (1) That the head of the design control activity

4 for aviation critical safety items establish processes to

5 identify and manage aviation critical safety items

6 and modifications, repair, and overhaul of such items.

7 (2) That the head of the contracting activity for

8 an aviation critical safety item enter into a contract

9 for such item only with a source approved by the de10 sign control activity in accordance with section 2319

11 of title 10, United States Code.

12 (3) That the aviation critical safety items deliv13 ered, and the services performed with respect to avia14 tion critical safety items, meet all technical and qual15 ity requirements specified by the design control activ16 ity, except for any requirement determined unneces17 sary by the Secretary of Defense in writing.

18 (c) DEFINITIONS.—In this section, the terms ‘‘aviation

19 critical safety item’’ and ‘‘design control activity’’ have the

20 meanings given such terms in section 2319(g) of title 10,

21 United States Code, as amended by subsection (d).

22 (d) CONFORMING AMENDMENT TO TITLE 10.—Section

23 2319 of title 10, United States Code, is amended—

24 (1) in subsection (c)(3), by inserting after ‘‘the

25 contracting officer’’ the following: ‘‘(or, in the case of
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1 a contract for the procurement of an aviation critical

2 item, the head of the design control activity for such

3 item)’’; and

4 (2) by adding at the end the following new sub5 section:

6 ‘‘(g) DEFINITIONS.—In this section:

7 ‘‘(1) The term ‘aviation critical safety item’

8 means a part, an assembly, installation equipment,

9 launch equipment, recovery equipment, or support

10 equipment for an aircraft or aviation weapon system

11 if the part, assembly, or equipment contains a char12 acteristic any failure, malfunction, or absence of

13 which could cause a catastrophic or critical failure

14 resulting in the loss of or serious damage to the air15 craft or weapon system, an unacceptable risk of per16 sonal injury or loss of life, an uncommanded engine

17 shutdown that jeopardizes safety, or the failure of a

18 military mission.

19 ‘‘(2) The term ‘design control activity’, with re20 spect to an aviation critical safety item, means the

21 systems command of a military department that is

22 specifically responsible for ensuring the airworthiness

23 of an aviation system or equipment in which the item

24 is to be used.’’.
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1 Subtitle B—Procurement of Services

2 SEC. 811. EXPANSION AND EXTENSION OF INCENTIVE FOR

3 USE OF PERFORMANCE-BASED CONTRACTS

4 IN PROCUREMENTS OF SERVICES.

5 (a) INCREASED MAXIMUM AMOUNT OF PROCUREMENT

6 ELIGIBLE FOR COMMERCIAL ITEMS TREATMENT.—Para7 graph (1)(A) of section 821(b) of the Floyd D. Spence Na8 tional Defense Authorization Act for Fiscal Year 2001 (as

9 enacted into law by Public Law 106–398; 114 Stat. 1654A–

10 218; 10 U.S.C. 2302 note) is amended by striking

11 ‘‘$5,000,000’’ and inserting ‘$10,000,000’’.

12 (b) EXTENSION OF AUTHORITY.—Paragraph (4) of

13 such section 821(b) is amended by striking ‘‘more than 3

14 years after the date of the enactment of this Act’’ and insert15 ing ‘‘after October 30, 2006’’.

16 SEC. 812. PUBLIC-PRIVATE COMPETITIONS FOR THE PER17 FORMANCE OF DEPARTMENT OF DEFENSE

18 FUNCTIONS.

19 (a) PILOT PROGRAM FOR BEST VALUE SOURCE SE20 LECTION FOR THE PERFORMANCE OF INFORMATION TECH21 NOLOGY SERVICES.—

22 (1) AUTHORITY.—The Secretary of Defense may

23 carry out a pilot program for use of a best value cri24 terion in the selection of sources for performance of
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1 information technology services for the Department of

2 Defense.

3 (2) CONVERSION TO PRIVATE SECTOR PERFORM4 ANCE.—(A) Under the pilot program, an analysis of

5 the performance of an information technology services

6 function for the Department of Defense under section

7 2461(b)(3) of title 10, United States Code, shall in8 clude an examination of the performance of the func9 tion by Department of Defense civilian employees and

10 by one or more private contractors to demonstrate

11 whether change to performance by the private sector

12 will result in the best value to the Government over

13 the life of the contract, including in the examination

14 the following:

15 (i) The cost to the Government, estimated by

16 the Secretary of Defense (based on offers re17 ceived), for performance of the function by the

18 private sector.

19 (ii) The estimated cost to the Government of

20 Department of Defense civilian employees per21 forming the function.

22 (iii) Benefits in addition to price that war23 rant performance of the function by a particular

24 source at a cost higher than that of performance

25 by Department of Defense civilian employees.
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1 (iv) In addition to the cost referred to in

2 clause (i), an estimate of all other costs and ex3 penditures that the Government would incur be4 cause of the award of such a contract.

5 (B) Under the pilot program, subparagraph (A)

6 of such section 2461(b)(3) shall not apply to an anal7 ysis of the performance of an information technology

8 services function for the Department of Defense.

9 (3) CONTRACTING FOR INFORMATION TECH10 NOLOGY SERVICES.—(A) Under the pilot program, ex11 cept as otherwise provided by law, the Secretary shall

12 procure information technology services necessary for

13 or beneficial to the accomplishment of the authorized

14 functions of the Department of Defense (other than

15 functions which the Secretary of Defense determines

16 must be performed by military or Government per17 sonnel) from a source in the private sector if perform18 ance by that source represents the best value to the

19 United States, determined in accordance with the

20 competition requirements of Office of Management

21 and Budget Circular A–76.

22 (B) Under the pilot program, section 2462(a) of

23 title 10, United States Code, shall not apply to a pro24 curement described in paragraph (1).
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1 (4) DURATION OF PILOT PROGRAM.—(A) The pe2 riod for which the pilot program may be carried out

3 under this subsection shall be fiscal years 2004

4 through 2008.

5 (B) An analysis commenced under the pilot pro6 gram in accordance with paragraph (2), and a pro7 curement for which a solicitation has been issued in

8 accordance with paragraph (3), before the end of the

9 pilot program period may be continued in accordance

10 with paragraph (2) or (3), respectively, after the end

11 of such period.

12 (5) GAO REVIEW.—(A) The Comptroller General

13 shall review the administration of any pilot program

14 carried out under this subsection to assess the extent

15 to which the program is effective and is equitable for

16 the potential public sources and the potential private

17 sources of information technology services for the De18 partment of Defense.

19 (B) Not later than February 1, 2008, the Comp20 troller General shall submit to the congressional de21 fense committees a report on the review of the pro22 gram under subparagraph (A). The report shall in23 clude the Comptroller General’s assessment of the

24 matters required under that subparagraph and any

25 other conclusions resulting from the review.
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1 (6) INFORMATION TECHNOLOGY SERVICES DE2 FINED.—In this subsection, the term ‘‘information

3 technology service’’ means any service performed in

4 the operation or maintenance of information tech5 nology (as defined in section 11101 of title 40, United

6 States Code).

7 (b) RESOURCES-BASED SCHEDULES FOR COMPLETION

8 OF PUBLIC-PRIVATE COMPETITIONS.—

9 (1) APPLICATION OF TIMEFRAMES.—Any interim

10 or final deadline or other schedule-related milestone

11 for the completion of a Department of Defense public12 private competition shall be established solely on the

13 basis of considered research and sound analysis re14 garding the availability of sufficient personnel, train15 ing, and technical resources to the Department of De16 fense to carry out such competition in a timely man17 ner.

18 (2) EXTENSION OF TIMEFRAMES.—Any interim

19 or final deadline or other schedule-related milestone

20 established (consistent with paragraph (1)) for the

21 completion of a Department of Defense public-private

22 competition shall be extended if the Department of

23 Defense official responsible for managing the competi24 tion determines under procedures prescribed by the

25 Secretary of Defense that the personnel, training, or
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1 technical resources available to the Department of De2 fense to carry out such competition timely are insuffi3 cient.

4 SEC. 813. AUTHORITY TO ENTER INTO PERSONAL SERV5 ICES CONTRACTS.

6 (a) AUTHORITY.—Chapter 141 of title 10, United

7 States Code, is amended by inserting after section 2396 the

8 following new section:

9 ‘‘§ 2397. Personal services: procurement by certain

10 elements of the Department of Defense

11 ‘‘(a) AUTHORITY.—The head of an element of the De12 partment of Defense referred to in subsection (b) may enter

13 into a contract for the procurement of services described in

14 section 3109 of title 5 that are necessary to carry out a

15 mission of that element without regard to the limitations

16 in such section if the head of that element determines in

17 writing that the services to be procured are unique and that

18 it would not be practicable to obtain such services by other

19 means.

20 ‘‘(b) APPLICABILITY.—Subsection (a) applies to—

21 ‘‘(1) any element of the Department of Defense

22 within the intelligence community, as defined in sec23 tion 3(4) of the National Security Act of 1947 (50

24 U.S.C. 401a(4)); and
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1 ‘‘(2) the United States Special Operations Com2 mand, with respect to special operations activities de3 scribed in paragraphs (1), (2), (3), and (4) of section

4 167(j) of this title.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections at

6 the beginning of such chapter is amended by inserting after

7 the item relating to section 2396 the following new item:

‘‘2397. Personal services: procurement by certain elements of the Department of

Defense.’’.

8 Subtitle C—Major Defense

9 Acquisition Programs

10 SEC. 821. CERTAIN WEAPONS-RELATED PROTOTYPE

11 PROJECTS.

12 (a) EXTENSION OF AUTHORITY.—Subsection (g) of sec13 tion 845 of the National Defense Authorization Act for Fis14 cal Year 1994 (10 U.S.C. 2371 note) is amended by striking

15 ‘‘September 30, 2004’’ and inserting ‘‘September 30, 2007’’.

16 (b) INCREASED SCOPE OF AUTHORITY.—Subsection

17 (a) of such section is amended by inserting before the period

18 at the end the following: ‘‘, or to improvement of weapons

19 or weapon systems in use by the Armed Forces’’.

20 (c) PILOT PROGRAM FOR TRANSITION TO FOLLOW-ON

21 CONTRACTS.—Such section, as amended by subsection (a),

22 is further amended—

23 (1) by redesignating subsections (e), (f), and (g)

24 as subsections (f), (g), and (h), respectively; and
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1 (2) by inserting after subsection (d) the following

2 new subsection (e):

3 ‘‘(e) PILOT PROGRAM FOR TRANSITION TO FOLLOW4 ON CONTRACTS.—(1) The Secretary of Defense is authorized

5 to carry out a pilot program for follow-on contracting for

6 the production of items or processes that are developed by

7 nontraditional defense contractors under prototype projects

8 carried out under this section.

9 ‘‘(2) Under the pilot program—

10 ‘‘(A) a qualifying contract for the procurement of

11 such an item or process, or a qualifying subcontract

12 under a contract for the procurement of such an item

13 or process, may be treated as a contract or sub14 contract, respectively, for the procurement of commer15 cial items, as defined in section 4(12) of the Office of

16 Federal Procurement Policy Act (41 U.S.C. 403(12));

17 and

18 ‘‘(B) the item or process may be treated as an

19 item or process, respectively, that is developed in part

20 with Federal funds and in part at private expense for

21 the purposes of section 2320 of title 10, United States

22 Code.

23 ‘‘(3) For the purposes of the pilot program, a quali24 fying contract or subcontract is a contract or subcontract,
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1 respectively, with a nontraditional defense contractor

2 that—

3 ‘‘(A) does not exceed $50,000,000; and

4 ‘‘(B) is either—

5 ‘‘(i) a firm, fixed-price contract or sub6 contract; or

7 ‘‘(ii) a fixed-price contract or subcontract

8 with economic price adjustment.

9 ‘‘(4) The authority to conduct a pilot program under

10 this subsection shall terminate on September 30, 2007. The

11 termination of the authority shall not affect the validity

12 of contracts or subcontracts that are awarded or modified

13 during the period of the pilot program, without regard to

14 whether the contracts or subcontracts are performed during

15 the period.’’.

16 SEC. 822. APPLICABILITY OF CLINGER-COHEN ACT POLI17 CIES AND REQUIREMENTS TO EQUIPMENT IN18 TEGRAL TO A WEAPON OR WEAPON SYSTEM.

19 (a) IN GENERAL.—(1) Chapter 131 of title 10, United

20 States Code, is amended by inserting after section 2223 the

21 following:
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1 ‘‘§ 2223a. Acquisition of equipment integral to a

2 weapon or a weapon system: applicability

3 of certain acquisition reform authorities

4 and information technology-related re5 quirements

6 ‘‘(a) BOARD OF SENIOR ACQUISITION OFFICIALS.—(1)

7 The Secretary of Defense shall establish a board of senior

8 acquisition officials to administer the implementation of the

9 policies and requirements of chapter 113 of title 40 in pro10 curements of information technology equipment determined

11 by the Secretary as being an integral part of a weapon or

12 a weapon system.

13 ‘‘(2) The Board shall be composed of the following offi14 cials:

15 ‘‘(A) Under Secretary of Defense for Acquisition,

16 Technology, and Logistics, who shall be the Chair17 man.

18 ‘‘(B) The acquisition executive of each of the

19 military departments.

20 ‘‘(C) The Chief Information Officer of the De21 partment of Defense.

22 ‘‘(c) RESPONSIBILITIES OF BOARD.—The Board shall

23 be responsible for ensuring that—

24 ‘‘(1) the acquisition of information technology

25 equipment determined by the Secretary of Defense as

26 being an integral part of a weapon or a weapon sys-
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1 tem is conducted in a manner that is consistent with

2 the capital planning, investment control, and per3 formance and results-based management processes and

4 requirements provided under sections 11302, 11303,

5 11312, and 11313 of title 40, to the extent that such

6 processes requirements are applicable to the acquisi7 tion of such equipment;

8 ‘‘(2) issues of spectrum availability, interoper9 ability, and information security are appropriately

10 addressed in the development of weapons and weapon

11 systems; and

12 ‘‘(3) in the case of information technology equip13 ment that is to be incorporated into a weapon or a

14 weapon system under a major defense acquisition

15 program, the information technology equipment is in16 corporated in a manner that is consistent with—

17 ‘‘(A) the planned approach to applying cer18 tain provisions of law to major defense acquisi19 tion programs following the evolutionary acqui20 sition process that the Secretary of Defense re21 ported to Congress under section 802 of the Bob

22 Stump National Defense Authorization Act for

23 Fiscal Year 2003 (Public Law 107–314; 116

24 Stat. 2602);
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1 ‘‘(B) the acquisition policies that apply to

2 spiral development programs under section 803

3 of such Act (116 Stat. 2603; 10 U.S.C. 2430

4 note); and

5 ‘‘(C) the software acquisition processes of

6 the military department or Defense Agency con7 cerned under section 804 of such Act (116 Stat.

8 2604; 10 U.S.C. 2430 note).

9 ‘‘(d) INAPPLICABILITY OF OTHER LAWS.—The fol10 lowing provisions of law do not apply to information tech11 nology equipment that is determined by the Secretary of

12 Defense as being an integral part of a weapon or a weapon

13 system:

14 ‘‘(1) Section 11315 of title 40.

15 ‘‘(2) The policies and procedures established

16 under section 11316 of title 40.

17 ‘‘(3) Subsections (d) and (e) of section 811 of the

18 Floyd D. Spence National Defense Authorization Act

19 for Fiscal Year 2001 (as enacted into law by Public

20 Law 106–398; 114 Stat. 1654A–211), and the re21 quirements and prohibitions that are imposed by De22 partment of Defense Directive 5000.1 pursuant to

23 subsections (b) and (c) of such section.
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1 ‘‘(4) Section 351 of the Bob Stump National De2 fense Authorization Act for Fiscal Year 2003 (Public

3 Law 107–314; 116 Stat. 2516; 10 U.S.C. 221 note).

4 ‘‘(e) DEFINITIONS.—In this section:

5 ‘‘(1) The term ‘acquisition executive’, with re6 spect to a military department, means the official

7 who is designated as the senior procurement executive

8 of the military department under section 16(3) of the

9 Office of Federal Procurement Policy Act (41 U.S.C.

10 414(3)).

11 ‘‘(2) The term ‘information technology’ has the

12 meaning given such term in section 11101 of title 40.

13 ‘‘(3) The term ‘major defense acquisition pro14 gram’ has the meaning given such term in section

15 2430 of this title.’’.

16 (2) The table of sections at the beginning of such chap17 ter is amended by inserting after the item relating to section

18 2223 the following new item:

‘‘2223a. Acquisition of equipment integral to a weapon or a weapon system: applicability of certain acquisition reform authorities and information technology-related requirements.’’.

19 (b) CONFORMING AMENDMENT.—Section 2223 of such

20 title is amended by adding at the end the following new

21 subsection:

22 ‘‘(c) EQUIPMENT INTEGRAL TO A WEAPON OR WEAPON

23 SYSTEM.—(1) In the case of information technology equip24 ment determined by the Secretary of Defense as being an
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1 integral part of a weapon or a weapon system, the respon2 sibilities under this section shall be performed by the board

3 of senior acquisition officials established pursuant to section

4 2223a of this title.

5 ‘‘(2) In this subsection, the term ‘information tech6 nology’ has the meaning given such term in section 11101

7 of title 40.’’.

8 SEC. 823. APPLICABILITY OF REQUIREMENT FOR REPORTS

9 ON MATURITY OF TECHNOLOGY AT INITI10 ATION OF MAJOR DEFENSE ACQUISITION

11 PROGRAMS.

12 Section 804(a) of the National Defense Authorization

13 Act for Fiscal Year 2003 (Public Law 107–107; 115 Stat.

14 1180) is amended by striking ‘‘, as in effect on the date

15 of enactment of this Act,’’ and inserting ‘‘(as in effect on

16 the date of the enactment of this Act), and the corresponding

17 provision of any successor to such Instruction,’’.

18 Subtitle D—Domestic Source

19 Requirements

20 SEC. 831. EXCEPTIONS TO BERRY AMENDMENT FOR CON21 TINGENCY OPERATIONS AND OTHER URGENT

22 SITUATIONS.

23 Section 2533a(d) of title 10, United States Code, is

24 amended—
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1 (1) in paragraph (1), by inserting ‘‘or contin2 gency operations’’ after ‘‘in support of combat oper3 ations’’; and

4 (2) by adding at the end the following new para5 graph:

6 ‘‘(4) Procurements for which the use of proce7 dures other than competitive procedures has been ap8 proved on the basis of section 2304(c)(2) of this title,

9 relating to unusual and compelling urgency of need.’’.

10 SEC. 832. INAPPLICABILITY OF BERRY AMENDMENT TO

11 PROCUREMENTS OF WASTE AND BYPROD12 UCTS OF COTTON AND WOOL FIBER FOR USE

13 IN THE PRODUCTION OF PROPELLANTS AND

14 EXPLOSIVES.

15 Section 2533a(f) of title 10, United States Code, is

16 amended—

17 (1) by striking ‘‘(f) EXCEPTION’’ and all that fol18 lows through ‘‘the procurement of’’ and inserting the

19 following:

20 ‘‘(f) EXCEPTIONS FOR CERTAIN OTHER COMMODITIES

21 AND ITEMS.—Subsection (a) does not preclude the procure22 ment of the following:

23 ‘‘(1)’’;

24 (2) by capitalizing the initial letter of the word

25 following ‘‘(1)’’, as added by paragraph (1); and
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1 (3) by adding at the end the following new para2 graph:

3 ‘‘(2) Waste and byproducts of cotton and wool

4 fiber for use in the production of propellants and ex5 plosives.’’.

6 SEC. 833. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR

7 CONTENT REQUIREMENTS.

8 (a) AUTHORITY.—Subchapter V of chapter 148 of title

9 10, United States Code, is amended by adding at the end

10 the following new section:

11 ‘‘§ 2539c. Waiver of domestic source or content re12 quirements

13 ‘‘(a) AUTHORITY.—Except as provided in subsection

14 (f), the Secretary of Defense may waive the application of

15 any domestic source requirement or domestic content re16 quirement referred to in subsection (b) and thereby author17 ize the procurement of items that are grown, reprocessed,

18 reused, produced, or manufactured—

19 ‘‘(1) in a foreign country that has a Declaration

20 of Principles with the United States;

21 ‘‘(2) in a foreign country that has a Declaration

22 of Principles with the United States substantially

23 from components and materials grown, reprocessed,

24 reused, produced, or manufactured in the United
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1 States or any foreign country that has a Declaration

2 of Principles with the United States; or

3 ‘‘(3) in the United States substantially from

4 components and materials grown, reprocessed, reused,

5 produced, or manufactured in the United States or

6 any foreign country that has a Declaration of Prin7 ciples with the United States.

8 ‘‘(b) COVERED REQUIREMENTS.—For purposes of this

9 section:

10 ‘‘(1) A domestic source requirement is any re11 quirement under law that the Department of Defense

12 satisfy its requirements for an item by procuring an

13 item that is grown, reprocessed, reused, produced, or

14 manufactured in the United States or by a manufac15 turer that is a part of the national technology and in16 dustrial base (as defined in section 2500(1) of this

17 title).

18 ‘‘(2) A domestic content requirement is any re19 quirement under law that the Department of Defense

20 satisfy its requirements for an item by procuring an

21 item produced or manufactured partly or wholly from

22 components and materials grown, reprocessed, reused,

23 produced, or manufactured in the United States.

24 ‘‘(c) APPLICABILITY.—The authority of the Secretary

25 to waive the application of a domestic source or content
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1 requirements under subsection (a) applies to the procure2 ment of items for which the Secretary of Defense determines

3 that—

4 ‘‘(1) application of the requirement would im5 pede the reciprocal procurement of defense items

6 under a Declaration of Principles with the United

7 States; and

8 ‘‘(2) such country does not discriminate against

9 defense items produced in the United States to a

10 greater degree than the United States discriminates

11 against defense items produced in that country.

12 ‘‘(d) LIMITATION ON DELEGATION.—The authority of

13 the Secretary to waive the application of domestic source

14 or content requirements under subsection (a) may not be

15 delegated to any officer or employee other than the Under

16 Secretary of Defense for Acquisition, Technology and Logis17 tics.

18 ‘‘(e) CONSULTATIONS.—The Secretary may grant a

19 waiver of the application of a domestic source or content

20 requirement under subsection (a) only after consultation

21 with the United States Trade Representative, the Secretary

22 of Commerce, and the Secretary of State.

23 ‘‘(f) LAWS NOT WAIVABLE.—The Secretary of Defense

24 may not exercise the authority under subsection (a) to
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1 waive any domestic source or content requirement con2 tained in any of the following laws:

3 ‘‘(1) The Small Business Act (15 U.S.C. 631 et

4 seq.).

5 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C.

6 46 et seq.).

7 ‘‘(3) Sections 7309 and 7310 of this title.

8 ‘‘(4) Section 2533a of this title.

9 ‘‘(g) RELATIONSHIP TO OTHER WAIVER AUTHOR10 ITY.—The authority under subsection (a) to waive a domes11 tic source requirement or domestic content requirement is

12 in addition to any other authority to waive such require13 ment.

14 ‘‘(h) CONSTRUCTION WITH RESPECT TO LATER EN15 ACTED LAWS.—This section may not be construed as being

16 inapplicable to a domestic source requirement or domestic

17 content requirement that is set forth in a law enacted after

18 the enactment of this section solely on the basis of the later

19 enactment.

20 ‘‘(i) DECLARATION OF PRINCIPLES.—(1) In this sec21 tion, the term ‘Declaration of Principles’ means a written

22 understanding between the Department of Defense and its

23 counterpart in a foreign country signifying a cooperative

24 relationship between the Department and its counterpart

25 to standardize or make interoperable defense equipment
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1 used by the armed forces and the armed forces of the foreign

2 country across a broad spectrum of defense activities,

3 including—

4 ‘‘(A) harmonization of military requirements

5 and acquisition processes;

6 ‘‘(B) security of supply;

7 ‘‘(C) export procedures;

8 ‘‘(D) security of information;

9 ‘‘(E) ownership and corporate governance;

10 ‘‘(F) research and development;

11 ‘‘(G) flow of technical information; and

12 ‘‘(H) defense trade.

13 ‘‘(2) A Declaration of Principles is underpinned by a

14 memorandum of understanding or other agreement pro15 viding for the reciprocal procurement of defense items be16 tween the United States and the foreign country concerned

17 without unfair discrimination in accordance with section

18 2531 of this title.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections at

20 the beginning of such subchapter is amended by inserting

21 after the item relating to section 2539b the following new

22 item:

‘‘2539c. Waiver of domestic source or content requirements.’’.
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1 SEC. 834. BUY AMERICAN EXCEPTION FOR BALL BEARINGS

2 AND ROLLER BEARINGS USED IN FOREIGN

3 PRODUCTS.

4 Section 2534(a)(5) of title 10, United States Code, is

5 amended by inserting before the period at the end the fol6 lowing: ‘‘, except ball bearings and roller bearings being

7 procured for use in an end product manufactured by a

8 manufacturer that does not satisfy the requirements of sub9 section (b) or in a component part manufactured by such

10 a manufacturer’’.

11 Subtitle E—Defense Acquisition

12 and Support Workforce

13 SEC. 841. FLEXIBILITY FOR MANAGEMENT OF THE DE14 FENSE ACQUISITION AND SUPPORT WORK15 FORCE.

16 (a) MANAGEMENT STRUCTURE.—(1) Sections 1703,

17 1705, 1706, and 1707 of title 10, United States Code, are

18 repealed.

19 (2) Section 1724(d) of such title is amended—

20 (A) in the first sentence, by striking ‘‘The acqui21 sition career program board concerned’’ and all that

22 follows through ‘‘if the board certifies’’ and inserting

23 ‘‘The Secretary of Defense may waive any or all of

24 the requirements of subsections (a) and (b) with re25 spect to an employee of the Department of Defense or
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1 member of the armed forces if the Secretary deter2 mines’’;

3 (B) in the second sentence, by striking ‘‘the

4 board’’ and inserting ‘‘the Secretary’’; and

5 (C) by striking the third sentence.

6 (3) Section 1732(b) of such title is amended—

7 (A) in paragraph (1)(C), by striking ‘‘, as vali8 dated by the appropriate career program management

9 board’’; and

10 (B) in paragraph (2)(A)(ii), by striking ‘‘has

11 been certified by the acquisition career program board

12 of the employing military department as possessing’’

13 and inserting ‘‘possess’’.

14 (4) Section 1732(d) of such title is amended—

15 (A) in paragraph (1)—

16 (i) in the first sentence, by striking ‘‘the ac17 quisition career program board of a military de18 partment’’ and all that follows through ‘‘if the

19 board certifies’’ and inserting ‘‘The Secretary of

20 Defense may waive any or all of the require21 ments of subsection (b) with respect to an em22 ployee if the Secretary determines’’;

23 (ii) in the second sentence, by striking ‘‘the

24 board’’ and inserting ‘‘the Secretary’’; and

25 (iii) by striking the third sentence; and
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1 (B) in paragraph (2), by striking ‘‘The acquisi2 tion career program board of a military department’’

3 and inserting ‘‘The Secretary’’.

4 (5) Section 1734(d) of such title is amended—

5 (A) in subsection (d)—

6 (i) by striking paragraph (2); and

7 (ii) in paragraph (3), by striking the second

8 sentence; and

9 (B) in subsection (e)(2), by striking ‘‘, by the ac10 quisition career program board of the department

11 concerned,’’.

12 (6) Section 1737(c) of such title is amended—

13 (A) by striking paragraph (2); and

14 (B) by striking ‘‘(1) The Secretary’’ and insert15 ing ‘‘The Secretary’’.

16 (b) ELIMINATION OF ROLE OF OFFICE OF PERSONNEL

17 MANAGEMENT.—(1) Section 1725 of such title is repealed.

18 (2) Section 1731 of such title is amended by striking

19 subsection (c).

20 (3) Section 1732(c)(2) of such title is amended by

21 striking the second and third sentences.

22 (4) Section 1734(g) of such title is amended—

23 (A) by striking paragraph (2); and

24 (B) in paragraph (1) by striking ‘‘(1) The Sec25 retary’’ and inserting ‘‘The Secretary’’.
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1 (5) Section 1737 of such title is amended by striking

2 subsection (d).

3 (6) Section 1744(c)(3)(A)(i) of such title is amended

4 by striking ‘‘and such other requirements as the Office of

5 Personnel Management may prescribe’’.

6 (c) SINGLE ACQUISITION CORPS.—(1) Section 1731 of

7 such title is amended—

8 (A) in subsection (a)—

9 (i) by striking ‘‘each of the military depart10 ments and one or more Corps, as he considers

11 appropriate, for the other components of’’ in the

12 first sentence; and

13 (ii) by striking the second sentence; and

14 (B) in subsection (b), by striking ‘‘an Acquisi15 tion Corps’’ and inserting ‘‘the Acquisition Corps’’.

16 (2) Sections 1732(a), 1732(e)(1), 1732(e)(2), 1733(a),

17 1734(e)(1), and 1737(a)(1) of such title are amended by

18 striking ‘‘an Acquisition Corps’’ and inserting ‘‘the Acqui19 sition Corps’’.

20 (3) Section 1734 of such title is amended—

21 (A) in subsection (g), by striking ‘‘each Acquisi22 tion Corps, a test program in which members of a

23 Corps’’ and inserting ‘‘the Acquisition Corps, a test

24 program in which members of the Corps’’; and
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1 (B) in subsection (h), by striking ‘‘making as2 signments of civilian and military members of the

3 Acquisition Corps of that military department’’ and

4 inserting ‘‘making assignments of civilian and mili5 tary personnel of that military department who are

6 members of the Acquisition Corps’’.

7 (d) CONSOLIDATION OF CERTAIN EDUCATION AND

8 TRAINING PROGRAM REQUIREMENTS.—(1) Section 1742 of

9 such title is amended to read as follows:

10 ‘‘§ 1742. Internship, cooperative education, and schol11 arship programs

12 ‘‘The Secretary of Defense shall conduct the following

13 education and training programs:

14 ‘‘(1) An intern program for purposes of pro15 viding highly qualified and talented individuals an

16 opportunity for accelerated promotions, career broad17 ening assignments, and specified training to prepare

18 them for entry into the Acquisition Corps.

19 ‘‘(2) A cooperative education credit program

20 under which the Secretary arranges, through coopera21 tive arrangements entered into with one or more ac22 credited institutions of higher education, for such in23 stitutions to grant undergraduate credit for work per24 formed by students who are employed by the Depart25 ment of Defense in acquisition positions.
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1 ‘‘(3) A scholarship program for the purpose of

2 qualifying personnel for acquisition positions in the

3 Department of Defense.’’.

4 (2) Sections 1743 and 1744 of such title are repealed.

5 (e) GENERAL MANAGEMENT PROVISIONS.—Subchapter

6 V of chapter 87 of such title is amended—

7 (1) by striking section 1763; and

8 (2) by adding at the end the following new sec9 tion 1764:

10 ‘‘§ 1764. Authority to establish different minimum re11 quirements

12 ‘‘(a) AUTHORITY.—(1) The Secretary of Defense may

13 prescribe a different minimum number of years of experi14 ence, different minimum education qualifications, and dif15 ferent tenure of service qualifications to be required for eli16 gibility for appointment or advancement to an acquisition

17 position referred to in subsection (b) than is required for

18 such position under or pursuant to any provision of this

19 chapter.

20 ‘‘(2) Any requirement prescribed under paragraph (1)

21 for a position referred to in any paragraph of subsection

22 (b) shall be applied uniformly to all positions referred to

23 in such paragraph.

24 ‘‘(b) APPLICABILITY.—This section applies to the fol25 lowing acquisition positions in the Department of Defense:
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1 ‘‘(1) Contracting officer, except a position re2 ferred to in paragraph (5).

3 ‘‘(2) Program executive officer.

4 ‘‘(3) Senior contracting official.

5 ‘‘(4) Program manager.

6 ‘‘(5) A position in the contract contingency force

7 of an armed force that is filled by a member of that

8 armed force.

9 ‘‘(c) DEFINITION.—In this section, the term ‘contract

10 contingency force’, with respect to an armed force, has the

11 meaning given such term in regulations prescribed by the

12 Secretary concerned.’’.

13 (f) CLERICAL AMENDMENTS.—(1) The table of sections

14 at the beginning of subchapter I of chapter 87 of title 10,

15 United States Code, is amended by striking the items relat16 ing to sections 1703, 1705, 1706, and 1707.

17 (2) The table of sections at the beginning of subchapter

18 II of such chapter is amended by striking the item relating

19 to section 1725.

20 (3) The table of sections at the beginning of subchapter

21 IV of such chapter is amended by striking the items relating

22 to sections 1742, 1743, and 1744 and inserting the fol23 lowing:

‘‘1742. Internship, cooperative education, and scholarship programs.’’.
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1 (4) The table of sections at the beginning of subchapter

2 V of such chapter is amended by striking the item relating

3 to section 1763 and inserting the following:

‘‘1764. Authority to establish different minimum requirements.’’.

4 SEC. 842. LIMITATION AND REINVESTMENT AUTHORITY

5 RELATING TO REDUCTION OF THE DEFENSE

6 ACQUISITION AND SUPPORT WORKFORCE.

7 (a) LIMITATION.—Notwithstanding any other provi8 sion of law, the defense acquisition and support workforce

9 may not be reduced, during fiscal years 2004, 2005, and

10 2006, below the level of that workforce as of September 30,

11 2002, determined on the basis of full-time equivalent posi12 tions, except as may be necessary to strengthen the defense

13 acquisition and support workforce in higher priority posi14 tions in accordance with this section.

15 (b) WORKFORCE FLEXIBILITY.—During fiscal years

16 2004, 2005, and 2006, the Secretary of Defense may realign

17 any part of the defense acquisition and support workforce

18 to support reinvestment in other, higher priority positions

19 in such workforce.

20 (c) HIGHER PRIORITY POSITIONS.—For the purposes

21 of this section, higher priority positions in the defense ac22 quisition and support workforce include the following posi23 tions:

24 (1) Positions the responsibilities of which include

25 drafting performance-based work statements for serv-
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1 ices contracts and overseeing the performance of con2 tracts awarded pursuant to such work statements.

3 (2) Positions the responsibilities of which include

4 conducting spending analyses, negotiating company5 wide pricing agreements, and taking other measures

6 to reduce contract costs.

7 (3) Positions the responsibilities of which include

8 reviewing contractor quality control systems, assess9 ing and analyzing quality deficiency reports, and

10 taking other measures to improve product quality.

11 (4) Positions the responsibilities of which include

12 effectively conducting public-private competitions in

13 accordance with Office of Management and Budget

14 Circular A–76.

15 (5) Any other positions in the defense acquisition

16 and support workforce that the Secretary identifies as

17 being higher priority positions that are staffed at lev18 els not likely to ensure efficient and effective perform19 ance of all of the responsibilities of those positions.

20 (d) DEFENSE ACQUISITION AND SUPPORT WORK21 FORCE DEFINED.—In this section, the term ‘‘defense acqui22 sition and support workforce’’ means members of the Armed

23 Forces and civilian personnel who are assigned to, or are

24 employed in, an organization of the Department of Defense
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1 that has acquisition as its predominant mission, as deter2 mined by the Secretary of Defense.

3 SEC. 843. CLARIFICATION AND REVISION OF AUTHORITY

4 FOR DEMONSTRATION PROJECT RELATING

5 TO CERTAIN ACQUISITION PERSONNEL MAN6 AGEMENT POLICIES AND PROCEDURES.

7 Section 4308 of the National Defense Authorization

8 Act for Fiscal Year 1996 (10 U.S.C. 1701 note) is

9 amended—

10 (1) in subsection (b), by striking paragraph (3)

11 and inserting the following:

12 ‘‘(3) CONDITIONS.—Paragraph (2) shall not

13 apply with respect to a demonstration project

14 unless—

15 ‘‘(A) for each organization or team partici16 pating in the demonstration project—

17 ‘‘(i) at least one-third of the workforce

18 participating in the demonstration project

19 consists of members of the acquisition work20 force; and

21 ‘‘(ii) at least two-thirds of the work22 force participating in the demonstration

23 project consists of members of the acquisi24 tion workforce and supporting personnel as-
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1 signed to work directly with the acquisition

2 workforce; and

3 ‘‘(B) the demonstration project commences

4 before October 1, 2007.’’;

5 (2) in subsection (d), by striking ‘‘95,000’’ in

6 subsection (d) and inserting ‘‘120,000’’;

7 (3) by redesignating subsection (e) as subsection

8 (f); and

9 (4) by inserting after subsection (d) the fol10 lowing:

11 ‘‘(e) EFFECT OF REORGANIZATIONS.—The applica12 bility of paragraph (2) of subsection (b) to an organization

13 or team shall not terminate by reason that the organization

14 or team, after having satisfied the conditions in paragraph

15 (3) of such subsection when it began to participate in a

16 demonstration project under this section, ceases to meet one

17 or both of the conditions set forth in subparagraph (A) of

18 such paragraph (3) as a result of a reorganization, restruc19 turing, realignment, consolidation, or other organizational

20 change.’’.
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1 Subtitle F—Federal Support for

2 Procurement of Anti-Terrorism

3 Technologies and Services by

4 State and Local Governments

5 SEC. 851. APPLICATION OF INDEMNIFICATION AUTHORITY

6 TO STATE AND LOCAL GOVERNMENT CON7 TRACTORS.

8 (a) AUTHORITY.—Subject to the limitations of sub9 section (b), the President may exercise the discretionary au10 thority under Public Law 85–804 (50 U.S.C. 1431 et seq.)

11 so as to provide under such law for indemnification of con12 tractors and subcontractors in procurements by States or

13 units of local government of an anti-terrorism technology

14 or an anti-terrorism service for the purpose of preventing,

15 detecting, identifying, otherwise deterring, or recovering

16 from acts of terrorism.

17 (b) LIMITATIONS.—Any authority that is delegated by

18 the President under subsection (a) to the head of a Federal

19 agency to provide for the indemnification of contractors and

20 subcontractors under Public Law 85–804 (50 U.S.C. 1431

21 et seq.) for procurements by States or units of local govern22 ment may be exercised only—

23 (1) in the case of a procurement by a State or

24 unit of local government that—
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1 (A) is made under a contract awarded pur2 suant to section 852; and

3 (B) is approved, in writing, for the provi4 sion of indemnification by the President or the

5 official designated by the President under section

6 852(a); and

7 (2) with respect to—

8 (A) amounts of losses or damages not fully

9 covered by private liability insurance and State

10 or local government-provided indemnification;

11 and

12 (B) liabilities of a contractor or subcon13 tractor not arising out of willful misconduct or

14 lack of good faith on the part of the contractor

15 or subcontractor, respectively.

16 SEC. 852. FEDERAL SUPPORT FOR ENHANCEMENT OF

17 STATE AND LOCAL ANTI-TERRORISM RE18 SPONSE CAPABILITIES.

19 (a) PROCUREMENTS OF ANTI-TERRORISM TECH20 NOLOGIES AND SERVICES BY STATE AND LOCAL GOVERN21 MENTS THROUGH FEDERAL CONTRACTS.—

22 (1) ESTABLISHMENT OF PROGRAM.—The Presi23 dent shall designate an officer or employee of the

24 United States—
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1 (A) to establish, and the designated official

2 shall establish, a program under which States

3 and units of local government may procure

4 through contracts entered into by the designated

5 official anti-terrorism technologies or anti-ter6 rorism services for the purpose of preventing, de7 tecting, identifying, otherwise deterring, or recov8 ering from acts of terrorism; and

9 (B) to carry out the SAFER grant program

10 provided for under subsection (f).

11 (2) DESIGNATED FEDERAL PROCUREMENT OFFI12 CIAL FOR PROGRAM.—In this section, the officer or

13 employee designated by the President under para14 graph (1) shall be referred to as the ‘‘designated Fed15 eral procurement official’’.

16 (3) AUTHORITIES.—Under the program, the des17 ignated Federal procurement official—

18 (A) may, but shall not be required to,

19 award contracts using the same authorities as

20 are provided to the Administrator of General

21 Services under section 309(b)(3) of the Federal

22 Property and Administrative Services Act (41

23 U.S.C. 259(b)(3)); and

24 (B) may make SAFER grants in accord25 ance with subsection (f).
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1 (4) OFFERS NOT REQUIRED TO STATE AND

2 LOCAL GOVERNMENTS.—A contractor that sells anti3 terrorism technology or anti-terrorism services to the

4 Federal Government may not be required to offer such

5 technology or services to a State or unit of local gov6 ernment under the program.

7 (b) RESPONSIBILITIES OF THE CONTRACTING OFFI8 CIAL.—In carrying out the program established under this

9 section, the designated Federal procurement official shall—

10 (1) produce and maintain a catalog of anti-ter11 rorism technologies and anti-terrorism services suit12 able for procurement by States and units of local gov13 ernment under this program; and

14 (2) establish procedures in accordance with sub15 section (c) to address the procurement of anti-ter16 rorism technologies and anti-terrorism services by

17 States and units of local government under contracts

18 awarded by the designated official.

19 (c) REQUIRED PROCEDURES.—The procedures re20 quired by subsection (b)(2) shall implement the following

21 requirements and authorities:

22 (1) SUBMISSIONS BY STATES.—

23 (A) REQUESTS AND PAYMENTS.—Except as

24 provided in subparagraph (B), each State desir25 ing to participate in a procurement of anti-ter-
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1 rorism technologies or anti-terrorism services

2 through a contract entered into by the designated

3 Federal procurement official under this section

4 shall submit to that official in such form and

5 manner and at such times as such official pre6 scribes, the following:

7 (i) REQUEST.—A request consisting of

8 an enumeration of the technologies or serv9 ices, respectively, that are desired by the

10 State and units of local government within

11 the State.

12 (ii) PAYMENT.—Advance payment for

13 each requested technology or service in an

14 amount determined by the designated offi15 cial based on estimated or actual costs of

16 the technology or service and administrative

17 costs incurred by such official.

18 (B) OTHER CONTRACTS.—The designated

19 Federal procurement official may award and

20 designate contracts under which States and units

21 of local government may procure anti-terrorism

22 technologies and anti-terrorism services directly

23 from the contractors. No indemnification may be

24 provided under Public Law 85–804 pursuant to

25 an exercise of authority under section 851 for
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1 procurements that are made directly between

2 contractors and States or units of local govern3 ment.

4 (2) PERMITTED CATALOG TECHNOLOGIES AND

5 SERVICES.—A State may include in a request sub6 mitted under paragraph (1) only a technology or

7 service listed in the catalog produced under subsection

8 (b)(1).

9 (3) COORDINATION OF LOCAL REQUESTS WITHIN

10 STATE.—The Governor of a State may establish such

11 procedures as the Governor considers appropriate for

12 administering and coordinating requests for anti-ter13 rorism technologies or anti-terrorism services from

14 units of local government within the State.

15 (4) SHIPMENT AND TRANSPORTATION COSTS.—A

16 State requesting anti-terrorism technologies or anti17 terrorism services shall be responsible for arranging

18 and paying for any shipment or transportation of the

19 technologies or services, respectively, to the State and

20 localities within the State.

21 (d) REIMBURSEMENT OF ACTUAL COSTS.—In the case

22 of a procurement made by or for a State or unit of local

23 government under the procedures established under this sec24 tion, the designated Federal procurement official shall re25 quire the State or unit of local government to reimburse
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1 the Department for the actual costs it has incurred for such

2 procurement.

3 (e) TIME FOR IMPLEMENTATION.—The catalog and

4 procedures required by subsection (b) of this section shall

5 be completed as soon as practicable and no later than 210

6 days after the enactment of this Act.

7 (f) SAFER GRANT PROGRAM.—

8 (1) AUTHORITY.—The designated Federal pro9 curement official, in cooperation with the Secretary of

10 the Department of Homeland Security or his des11 ignee, is authorized to make grants to eligible entities

12 for the purpose of supporting increases in the number

13 of permanent positions for firefighters in fire services

14 to ensure staffing at levels and with skill mixes that

15 are adequate emergency response to incidents or

16 threats of terrorism.

17 (2) USE OF FUNDS.—The proceeds of a SAFER

18 grant to an eligible entity may be used only for the

19 purpose specified in paragraph (1).

20 (3) DURATION.—A SAFER grant to an eligible

21 entity shall provide funding for a period of 4 years.

22 The proceeds of the grant shall be disbursed to the eli23 gible entity in 4 equal annual installments.

24 (4) NON-FEDERAL SHARE.—
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1 (A) REQUIREMENT.—An eligible entity may

2 receive a SAFER grant only if the entity enters

3 into an agreement with the designated Federal

4 procurement official to contribute non-Federal

5 funds to achieve the purpose of the grant in the

6 following amounts:

7 (i) During the second year in which

8 funds of a SAFER grant are received, an

9 amount equal to 25 percent of the amount

10 of the SAFER grant funds received that

11 year.

12 (ii) During the third year in which

13 funds of a SAFER grant are received, an

14 amount equal to 50 percent of the amount

15 of the SAFER grant funds received that

16 year.

17 (iii) During the fourth year in which

18 funds of a SAFER grant are received, an

19 amount equal to 75 percent of the amount

20 of the SAFER grant funds received that

21 year.

22 (B) WAIVER.—The designated Federal pro23 curement official may waive the requirement for

24 a non-Federal contribution described in subpara25 graph (A) in the case of any eligible entity.
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1 (C) ASSET FORFEITURE FUNDS.—An eligi2 ble entity may use funds received from the dis3 posal of property transferred to the eligible enti4 ty pursuant to section 9703(h) of title 31, United

5 States Code, section 981(e) of title 18, United

6 States Code, or section 616 of the Tariff Act of

7 1930 (19 U.S.C. 1616a) to provide the non-Fed8 eral share required under paragraph (1).

9 (D) BIA FUNDS.—Funds appropriated for

10 the activities of any agency of a tribal organiza11 tion or for the Bureau of Indian Affairs to per12 form firefighting functions on any Indian lands

13 may be used to provide the share required under

14 subparagraph (A), and such funds shall be

15 deemed to be non-Federal funds for such purpose.

16 (5) APPLICATIONS.—

17 (A) REQUIREMENT.—To receive a SAFER

18 grant, an eligible entity shall submit an applica19 tion for the grant to the designated Federal pro20 curement official.

21 (B) CONTENT.—Each application for a

22 SAFER grant shall contain, for each fire service

23 covered by the application, the following infor24 mation:
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1 (i) A long-term strategy for increasing

2 the force of firefighters in the fire service to

3 ensure readiness for appropriate and effec4 tive emergency response to incidents or

5 threats of terrorism.

6 (ii) A detailed plan for implementing

7 the strategy that reflects consultation with

8 community groups, consultation with ap9 propriate private and public entities, and

10 consideration of any master plan that ap11 plies to the eligible entity.

12 (iii) An assessment of the ability of the

13 eligible entity to increase the force of fire14 fighters in the fire service without Federal

15 assistance.

16 (iv) An assessment of the levels of com17 munity support for increasing that force,

18 including financial and in-kind contribu19 tions and any other available community

20 resources.

21 (v) Specific plans for obtaining nec22 essary support and continued funding for

23 the firefighter positions proposed to be

24 added to the fire service with SAFER grant

25 funds.
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1 (vi) An assurance that the eligible enti2 ty will, to the extent practicable, seek to re3 cruit and employ (or accept the voluntary

4 services of) firefighters who are members of

5 racial and ethnic minority groups or

6 women.

7 (vii) Any additional information that

8 the designated Federal procurement official

9 considers appropriate.

10 (C) SPECIAL RULE FOR SMALL COMMU11 NITIES.—The designated Federal procurement of12 ficial may authorize an eligible entity respon13 sible for a population of less than 50,000 to sub14 mit an application without information required

15 under subparagraph (B), and may otherwise

16 make special provisions to facilitate the expe17 dited submission, processing, and approval of an

18 application by such an entity.

19 (D) PREFERENTIAL CONSIDERATION.—The

20 designated Federal procurement official may give

21 preferential consideration, to the extent feasible,

22 to an application submitted by an eligible entity

23 that agrees to contribute a non-Federal share

24 higher than the share required under paragraph

25 (4)(A).
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1 (E) ASSISTANCE WITH APPLICATIONS.—The

2 designated Federal procurement official is au3 thorized to provide technical assistance to an eli4 gible entity for the purpose of assisting with the

5 preparation of an application for a SAFER

6 grant.

7 (6) SPECIAL RULES ON USE OF FUNDS.—

8 (A) SUPPLEMENT NOT SUPPLANT.—The

9 proceeds of a SAFER grant made to an eligible

10 entity shall be used to supplement and not sup11 plant other Federal funds, State funds, or funds

12 from a subdivision of a State, or, in the case of

13 a tribal organization, funds supplied by the Bu14 reau of Indian Affairs, that are available for sal15 aries or benefits for firefighters.

16 (B) LIMITATION RELATING TO COMPENSA17 TION OF FIREFIGHTERS.—

18 (i) IN GENERAL.—The proceeds of a

19 SAFER grant may not be used to fund the

20 pay and benefits of a full-time firefighter if

21 the total annual amount of the pay and

22 benefits for that firefighter exceeds $100,000.

23 The designated Federal procurement official

24 may waive the prohibition in the pro25 ceeding sentence in any particular case.
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1 (ii) ADJUSTMENT FOR INFLATION.—

2 Effective on October 1 of each year, the total

3 annual amount applicable under subpara4 graph (A) shall be increased by the percent5 age (rounded to the nearest one-tenth of one

6 percent) by which the Consumer Price Index

7 for all-urban consumers published by the

8 Department of Labor for July of such year

9 exceeds the Consumer Price Index for all10 urban consumers published by the Depart11 ment of Labor for July of the preceding

12 year. The first adjustment shall be made on

13 October 1, 2004.

14 (7) PERFORMANCE EVALUATION.—

15 (A) REQUIREMENT FOR INFORMATION.—The

16 designated Federal procurement official shall

17 evaluate, each year, whether an entity receiving

18 SAFER grant funds in such year is substan19 tially complying with the terms and conditions

20 of the grant. The entity shall submit to the des21 ignated Federal procurement official any infor22 mation that the designated Federal procurement

23 official requires for that year for the purpose of

24 the evaluation.
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1 (B) REVOCATION OR SUSPENSION OF FUND2 ING.—If the designated Federal procurement offi3 cial determines that a recipient of a SAFER

4 grant is not in substantial compliance with the

5 terms and conditions of the grant the designated

6 Federal procurement official may revoke or sus7 pend funding of the grant.

8 (8) ACCESS TO DOCUMENTS.—

9 (A) AUDITS BY DESIGNATED FEDERAL PRO10 CUREMENT OFFICIAL.—The designated Federal

11 procurement official shall have access for the

12 purpose of audit and examination to any perti13 nent books, documents, papers, or records of an

14 eligible entity that receives a SAFER grant.

15 (B) AUDITS BY THE COMPTROLLER GEN16 ERAL.—Subparagraph (A) shall also apply with

17 respect to audits and examinations conducted by

18 the Comptroller General of the United States or

19 by an authorized representative of the Comp20 troller General.

21 (9) TERMINATION OF SAFER GRANT AUTHOR22 ITY.—

23 (A) IN GENERAL.—The authority to award

24 a SAFER grant shall terminate at the end of

25 September 30, 2010.
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1 (B) REPORT TO CONGRESS.—Not later than

2 two years after the date of the enactment of this

3 Act, the designated Federal procurement official

4 shall submit to Congress a report on the SAFER

5 grant program under this section. The report

6 shall include an assessment of the effectiveness of

7 the program for achieving its purpose, and may

8 include any recommendations that the des9 ignated Federal procurement official has for in10 creasing the forces of firefighters in fire services.

11 (10) DEFINITIONS.—In this subsection:

12 (A) ELIGIBLE ENTITY.—The term ‘‘eligible

13 entity’’ means—

14 (i) a State;

15 (ii) a subdivision of a State;

16 (iii) a tribal organization;

17 (iv) any other public entity that the

18 designated Federal procurement official de19 termines appropriate for eligibility under

20 this section; and

21 (v) a multijurisdictional or regional

22 consortium of the entities described in

23 clauses (i) through (iv).

24 (B) FIREFIGHTER.—The term ‘‘firefighter’’

25 means an employee or volunteer member of a fire
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1 service, including a firefighter, paramedic, emer2 gency medical technician, rescue worker, ambu3 lance personnel, or hazardous materials worker,

4 who—

5 (i) is trained in fire suppression and

6 has the legal authority and responsibility to

7 engage in fire suppression; or

8 (ii) is engaged in the prevention, con9 trol, and extinguishment of fires or response

10 to emergency situations where life, property,

11 or the environment is at risk.

12 (C) FIRE SERVICE.—The term ‘‘fire service’’

13 includes an organization described in section

14 4(5) of the Federal Fire Prevention and Control

15 Act of 1974 that is under the jurisdiction of a

16 tribal organization.

17 (D) MASTER PLAN.—The term ‘‘master

18 plan’’ has the meaning given the term in section

19 10 of the Federal Fire Prevention and Control

20 Act of 1974.

21 (E) SAFER GRANT.—The term ‘SAFER

22 grant’ means a grant of financial assistance

23 under this subsection.

24 (F) TRIBAL ORGANIZATION.—The term

25 ‘‘tribal organization’’ has the meaning given the
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1 term in section 4 of the Indian Self-Determina2 tion and Education Assistance Act (25 U.S.C.

3 450b).

4 (11) AUTHORIZATION OF APPROPRIATIONS.—

5 There are authorized to be appropriated for the pur6 pose of carrying out this section such sums as may

7 be necessary from the Department of Homeland Secu8 rity, up to—

9 (A) $1,000,000,000 for fiscal year 2004;

10 (B) $1,030,000,000 for fiscal year 2005; and

11 (C) $1,061,000,000 for fiscal year 2006.

12 SEC. 853. DEFINITIONS.

13 In this subtitle:

14 (1) ANTI-TERRORISM TECHNOLOGY AND SERV15 ICE.—The terms ‘‘anti-terrorism technology’’ and

16 ‘‘anti-terrorism service’’ mean any product, equip17 ment, or device, including information technology,

18 and any service, system integration, or other kind of

19 service (including a support service), respectively,

20 that is related to technology and is designed, devel21 oped, modified, or procured for the purpose of pre22 venting, detecting, identifying, otherwise deterring, or

23 recovering from acts of terrorism.

24 (2) INFORMATION TECHNOLOGY.—The term ‘‘in25 formation technology’’ has the meaning given such
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1 term in section 11101(6) of title 40, United States

2 Code.

3 (3) STATE.—The term ‘‘State’’ includes the Dis4 trict of Columbia, the Commonwealth of Puerto Rico,

5 the Commonwealth of the Northern Mariana Islands,

6 and any territory or possession of the United States.

7 (4) UNIT OF LOCAL GOVERNMENT.—The term

8 ‘‘unit of local government’’ means any city, county,

9 township, town, borough, parish, village, or other gen10 eral purpose political subdivision of a State; an In11 dian tribe which performs law enforcement functions

12 as determined by the Secretary of the Interior; or any

13 agency of the District of Columbia Government or the

14 United States Government performing law enforce15 ment functions in and for the District of Columbia or

16 the Trust Territory of the Pacific Islands.

17 Subtitle G—General Contracting

18 Authorities, Procedures, and

19 Limitations, and Other Matters

20 SEC. 861. LIMITED ACQUISITION AUTHORITY FOR COM21 MANDER OF UNITED STATES JOINT FORCES

22 COMMAND.

23 Section 164 of title 10, United States Code, is amended

24 by adding at the end the following new subsection:
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1 ‘‘(h) LIMITED ACQUISITION AUTHORITY FOR COM2 MANDER OF CERTAIN UNIFIED COMBATANT COMMAND.—

3 (1) The Secretary of Defense shall delegate to the com4 mander of the unified combatant command referred to in

5 paragraph (2) authority of the Secretary under chapter 137

6 of this title sufficient to enable the commander to develop

7 and acquire equipment described in paragraph (3). The ex8 ercise of authority so delegated is subject to the authority,

9 direction, and control of the Secretary.

10 ‘‘(2) The commander to which authority is delegated

11 under paragraph (1) is the commander of the unified com12 batant command that has the mission for joint warfighting

13 experimentation, as assigned by the Secretary of Defense.

14 ‘‘(3) The equipment referred to in paragraph (1) is

15 as follows:

16 ‘‘(A) Battlefield command, control, communica17 tions, and intelligence equipment.

18 ‘‘(B) Any other equipment that the commander

19 referred to in that paragraph determines necessary

20 and appropriate for—

21 ‘‘(i) facilitating the use of joint forces in

22 military operations; or

23 ‘‘(ii) enhancing the interoperability of

24 equipment used by the various components of

25 joint forces on the battlefield.
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1 ‘‘(4) The authority delegated under paragraph (1) does

2 not apply to the development or acquisition of a system for

3 which—

4 ‘‘(A) the total expenditure for research, develop5 ment, test, and evaluation is estimated to be

6 $10,000,000 or more; or

7 ‘‘(B) the total expenditure for procurement of the

8 system is estimated to be $50,000,000 or more.

9 ‘‘(5) The commander of the unified combatant com10 mand referred to in paragraph (1) shall require the inspec11 tor general of the command to conduct internal audits and

12 inspections of purchasing and contracting administered by

13 the commander under the authority delegated under sub14 section (a).’’.

15 SEC. 862. OPERATIONAL TEST AND EVALUATION.

16 (a) LEADERSHIP AND DUTIES OF DEPARTMENT OF

17 DEFENSE TEST RESOURCE MANAGEMENT CENTER.—(1)

18 Subsection (b)(1) of section 196 of title 10, United States

19 Code, is amended—

20 (A) by striking ‘‘on active duty. The Director’’

21 and inserting ‘‘on active duty or from among senior

22 civilian officers and employees of the Department of

23 Defense. A commissioned officer serving as the Direc24 tor’’; and
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1 (B) by adding at the end the following: ‘‘A civil2 ian officer or employee serving as the Director shall

3 serve in a pay level equivalent in rank to lieutenant

4 general.’’.

5 (2)(A) Subsection (c)(1)(B) of such section is amended

6 by inserting after ‘‘Department of Defense’’ the following:

7 ‘‘other than budgets and expenditures for activities de8 scribed in section 139(i) of this title’’.

9 (B) Subsection (e)(1) of such section is amended—

10 (i) by striking ‘‘, the Director of Operational

11 Test and Evaluation,’’; and

12 (ii) by striking ‘‘, Director’s’’.

13 (b) DEPLOYMENT BEFORE COMPLETION OF OT&E.—

14 Section 806(c) of the Bob Stump National Defense Author15 ization Act for Fiscal Year 2003 (Public Law 107–314; 116

16 Stat. 2607; 10 U.S.C. 2302 note) is amended by adding

17 at the end the following new paragraph:

18 ‘‘(3) If items are deployed under the rapid acquisition

19 and deployment procedures prescribed pursuant to this sec20 tion, or under any other authority, before the completion

21 of operational test and evaluation of the items, the Director

22 of Operational Test and Evaluation shall have access to

23 operational records and data relevant to such items in ac24 cordance with section 139(e)(3) of title 10, United States

25 Code, for the purpose of completing operational test and
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1 evaluation of the items. The access to the operational records

2 and data shall be provided in a time and manner deter3 mined by the Secretary of Defense consistent with require4 ments of operational security and other relevant operational

5 requirements.’’.

6 SEC. 863. MULTIYEAR TASK AND DELIVERY ORDER CON7 TRACTS.

8 (a) REPEAL OF APPLICABILITY OF EXISTING AUTHOR9 ITY AND LIMITATIONS.—Section 2306c of title 10, United

10 States Code, is amended—

11 (1) by striking subsection (g); and

12 (2) by redesignating subsection (h) as subsection

13 (g).

14 (b) MULTIYEAR CONTRACTING AUTHORITY.—Section

15 2304a of such title is amended—

16 (1) by redesignating subsections (f) and (g) as

17 subsections (g) and (h), respectively; and

18 (2) by inserting after subsection (e) the following

19 new subsection (f):

20 ‘‘(f) MULTIYEAR CONTRACTS.—The head of an agency

21 entering into a task or delivery order contract under this

22 section may provide for the contract to cover any period

23 up to five years and may extend the contract period for

24 one or more successive periods pursuant to an option pro25 vided in the contract or a modification of the contract. In
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1 no event, however, may the total contract period as extended

2 exceed eight years.’’.

3 SEC. 864. REPEAL OF REQUIREMENT FOR CONTRACTOR

4 ASSURANCES REGARDING THE COMPLETE5 NESS, ACCURACY, AND CONTRACTUAL SUFFI6 CIENCY OF TECHNICAL DATA PROVIDED BY

7 THE CONTRACTOR.

8 Section 2320(b) of title 10, United States Code, is

9 amended—

10 (1) by striking paragraph (7); and

11 (2) by redesignating paragraphs (8) and (9) as

12 paragraphs (7) and (8), respectively.

13 SEC. 865. REESTABLISHMENT OF AUTHORITY FOR SHORT14 TERM LEASES OF REAL OR PERSONAL PROP15 ERTY ACROSS FISCAL YEARS.

16 (a) REESTABLISHMENT OF AUTHORITY.—Subsection

17 (a) of section 2410a of title 10, United States Code, is

18 amended—

19 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of

20 Defense’’;

21 (2) by striking ‘‘for procurement of severable

22 services’’ and inserting ‘‘for a purpose described in

23 paragraph (2)’’; and

24 (3) by adding at the end the following new para25 graph:
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1 ‘‘(2) The purpose of a contract described in this para2 graph is as follows:

3 ‘‘(A) The procurement of severable services.

4 ‘‘(B) The lease of real or personal property, in5 cluding the maintenance of such property when con6 tracted for as part of the lease agreement.’’.

7 (b) CONFORMING AND CLERICAL AMENDMENTS.—(1)

8 The heading of such section is amended to read as follows:

9 ‘‘§ 2410a. Contracts for periods crossing fiscal years:

10 severable service contracts; leases of real

11 or personal property’’.

12 (2) The table of sections at the beginning of chapter

13 141 of such title is amended by striking the item relating

14 to section 2410a and inserting the following new item:

‘‘2410a. Contracts for periods crossing fiscal years: severable service contracts;

leases of real or personal property.’’.

15 SEC. 866. CONSOLIDATION OF CONTRACT REQUIREMENTS.

16 (a) AMENDMENT TO TITLE 10.—(1) Chapter 141 of

17 title 10, United States Code, is amended by inserting after

18 section 2381 the following new section:

19 ‘‘§ 2382. Consolidation of contract requirements: pol20 icy and restrictions

21 ‘‘(a) POLICY.—The Secretary of Defense shall require

22 the Secretary of each military department, the head of each

23 Defense Agency, and the head of each Department of Defense

24 Field Activity to ensure that the decisions made by that
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1 official regarding consolidation of contract requirements of

2 the department, agency, or field activity, as the case may

3 be, are made with a view to providing small business con4 cerns with appropriate opportunities to participate in De5 partment of Defense procurements as prime contractors and

6 appropriate opportunities to participate in such procure7 ments as subcontractors.

8 ‘‘(b) LIMITATION ON USE OF ACQUISITION STRATE9 GIES INVOLVING CONSOLIDATION.—(1) An official of a

10 military department, Defense Agency, or Department of De11 fense Field Activity may not execute an acquisition strategy

12 that includes a consolidation of contract requirements of the

13 military department, agency, or activity with a total value

14 in excess of $5,000,000, unless the senior procurement execu15 tive concerned first—

16 ‘‘(A) conducts market research;

17 ‘‘(B) identifies any alternative contracting ap18 proaches that would involve a lesser degree of consoli19 dation of contract requirements; and

20 ‘‘(C) determines that the consolidation is nec21 essary and justified.

22 ‘‘(2) A senior procurement executive may determine

23 that an acquisition strategy involving a consolidation of

24 contract requirements is necessary and justified for the pur25 poses of paragraph (1) if the benefits of the acquisition
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1 strategy substantially exceed the benefits of each of the pos2 sible alternative contracting approaches identified under

3 subparagraph (B) of that paragraph. However, savings in

4 administrative or personnel costs alone do not constitute,

5 for such purposes, a sufficient justification for a consolida6 tion of contract requirements in a procurement unless the

7 total amount of the cost savings is expected to be substantial

8 in relation to the total cost of the procurement.

9 ‘‘(3) Benefits considered for the purposes of paragraphs

10 (1) and (2) may include cost and, regardless of whether

11 quantifiable in dollar amounts—

12 ‘‘(A) quality;

13 ‘‘(B) acquisition cycle;

14 ‘‘(C) terms and conditions; and

15 ‘‘(D) any other benefit.

16 ‘‘(c) DEFINITIONS.—In this section:

17 ‘‘(1) The terms ‘consolidation of contract require18 ments’ and ‘consolidation’, with respect to contract

19 requirements of a military department, Defense Agen20 cy, or Department of Defense Field Activity, mean a

21 use of a solicitation to obtain offers for a single con22 tract or a multiple award contract to satisfy two or

23 more requirements of that department, agency, or ac24 tivity for goods or services that have previously been

25 provided to, or performed for, that department, agen-
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1 cy, or activity under two or more separate contracts

2 smaller in cost than the total cost of the contract for

3 which the offers are solicited.

4 ‘‘(2) The term ‘‘multiple award contract’’

5 means—

6 ‘‘(A) a contract that is entered into by the

7 Administrator of General Services under the

8 multiple award schedule program referred to in

9 section 2302(2)(C) of this title;

10 ‘‘(B) a multiple award task order contract

11 or delivery order contract that is entered into

12 under the authority of sections 2304a through

13 2304d of this title or sections 303H through

14 303K of the Federal Property and Administra15 tive Services Act of 1949 (41 U.S.C. 253h

16 through 253k); and

17 ‘‘(C) any other indeterminate delivery, in18 determinate quantity contract that is entered

19 into by the head of a Federal agency with two

20 or more sources pursuant to the same solicita21 tion.

22 ‘‘(3) The term ‘senior procurement executive con23 cerned’ means—

24 ‘‘(A) with respect to a military department,

25 the official designated under section 16(3) of the
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1 Office of Federal Procurement Policy Act (41

2 U.S.C. 414(3)) as the senior procurement execu3 tive for the military department; or

4 ‘‘(B) with respect to a Defense Agency or a

5 Department of Defense Field Activity, the official

6 so designated for the Department of Defense.

7 ‘‘(4) The term ‘small business concern’ means a

8 business concern that is determined by the Adminis9 trator of the Small Business Administration to be a

10 small-business concern by application of the stand11 ards prescribed under section 3(a) of the Small Busi12 ness Act (15 U.S.C. 632(a)).’’.

13 (2) The table of sections at the beginning of such chap14 ter is amended by inserting after the item relating to section

15 2381 the following new item:

‘‘2382. Consolidation of contract requirements: policy and restrictions.’’.

16 (b) DATA REVIEW.—(1) The Secretary of Defense shall

17 revise the data collection systems of the Department of De18 fense to ensure that such systems are capable of identifying

19 each procurement that involves a consolidation of contract

20 requirements within the department with a total value in

21 excess of $5,000,000.

22 (2) The Secretary shall ensure that appropriate offi23 cials of the Department of Defense periodically review the

24 information collected pursuant to paragraph (1) in co25 operation with the Small Business Administration—
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1 (A) to determine the extent of the consolidation

2 of contract requirements in the Department of De3 fense; and

4 (B) to assess the impact of the consolidation of

5 contract requirements on the availability of opportu6 nities for small business concerns to participate in

7 Department of Defense procurements, both as prime

8 contractors and as subcontractors.

9 (3) In this subsection:

10 (A) The term ‘‘consolidation of contract require11 ments’’ has the meaning given that term in section

12 2382(c)(1) of title 10, United States Code, as added

13 by subsection (a).

14 (B) The term ‘‘small business concern’’ means a

15 business concern that is determined by the Adminis16 trator of the Small Business Administration to be a

17 small-business concern by application of the stand18 ards prescribed under section 3(a) of the Small Busi19 ness Act (15 U.S.C. 632(a)).

20 (c) APPLICABILITY.—This section applies only with re21 spect to contracts entered into with funds authorized to be

22 appropriated by this Act.
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND

3 MANAGEMENT

4 Subtitle A—Department Officers

5 and Agencies

6 SEC. 901. CLARIFICATION OF RESPONSIBILITY OF MILI7 TARY DEPARTMENTS TO SUPPORT COMBAT8 ANT COMMANDS.

9 Sections 3013(c)(4), 5013(c)(4), and 8013(3)(c)(4) of

10 title 10, United States Code, are amended by striking ‘‘(to

11 the maximum extent practicable)’’.

12 SEC. 902. REDESIGNATION OF NATIONAL IMAGERY AND

13 MAPPING AGENCY AS NATIONAL

14 GEOSPATIAL-INTELLIGENCE AGENCY.

15 (a) REDESIGNATION.—The National Imagery and

16 Mapping Agency (NIMA) is hereby redesignated as the Na17 tional Geospatial-Intelligence Agency (NGA).

18 (b) CONFORMING AMENDMENTS.—

19 (1) TITLE 10, UNITED STATES CODE.—(A) Chap20 ter 22 of title 10, United States Code, is amended by

21 striking ‘‘National Imagery and Mapping Agency’’

22 each place it appears (other than the penultimate

23 place it appears in section 461(b) of such title) and

24 inserting ‘‘National Geospatial-Intelligence Agency’’.
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1 (B) Section 453(b) of such title is amended by

2 striking ‘‘NIMA’’ each place it appears and inserting

3 ‘‘NGA’’.

4 (C)(i) Subsection (b)(3) of section 424 of such

5 title is amended by striking ‘‘National Imagery and

6 Mapping Agency’’ and inserting ‘‘National

7 Geospatial-Intelligence Agency’’.

8 (ii) The heading for such section is amended to

9 read as follows:

10 ‘‘§ 424. Disclosure of organizational and personnel in11 formation: exemption for Defense Intel12 ligence Agency, National Reconnaissance

13 Office, and National Geospatial Intel14 ligence Agency’’.

15 (iii) The table of sections at the beginning of sub16 chapter I of chapter 21 of such title is amended in

17 the item relating to section 424 by striking ‘‘National

18 Imagery and Mapping Agency’’ and inserting ‘‘Na19 tional Geospatial-Intelligence Agency’’.

20 (D) Section 425(a) of such title is amended—

21 (i) by redesignating paragraphs (3) and (4)

22 as paragraphs (4) and (5), respectively; and

23 (ii) by inserting after paragraph (2) the fol24 lowing new paragraph (3):
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1 ‘‘(3) The words ‘National Geospatial-Intelligence

2 Agency’, the initials ‘NGA’, or the seal of the National

3 Geospatial-Intelligence Agency.’’.

4 (E) Section 1614(2)(C) of such title is amended

5 by striking ‘‘National Imagery and Mapping Agency’’

6 and inserting ‘‘National Geospatial-Intelligence Agen7 cy’’.

8 (F)(i) The heading for chapter 22 of such title is

9 amended to read as follows:

10 ‘‘CHAPTER 22—NATIONAL GEOSPATIAL11 INTELLIGENCE AGENCY.’’

12 (ii) The table of chapters at the beginning of sub13 title A of such title, and at the beginning of part I

14 of such subtitle, are each amended by striking the

15 item relating to chapter 22 and inserting the fol16 lowing new item:

‘‘22. National Geospatial-Intelligence Agency ......................... 441’’.

17 (2) NATIONAL SECURITY ACT OF 1947.—(A) Sec18 tion 3(4)(E) of the National Security Act of 1947 (50

19 U.S.C. 401a(4)(E)) is amended by striking ‘‘National

20 Imagery and Mapping Agency’’ and inserting ‘‘Na21 tional Geospatial-Intelligence Agency’’.

22 (B) That Act is further amended by striking

23 ‘‘National Imagery and Mapping Agency’’ each place

24 it appears in sections 105, 105A, 105C, 106, and 110
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1 (50 U.S.C. 403–5, 403–5a, 403–5c, 403–6, 404e) and

2 inserting ‘‘National Geospatial-Intelligence Agency’’.

3 (C) Section 105C of that Act (50 U.S.C. 403–5c)

4 is further amended—

5 (i) by striking ‘‘NIMA’’ each place it ap6 pears and inserting ‘‘NGA’’; and

7 (ii) in subsection (a)(6)(B)(iv)(II), by strik8 ing ‘‘NIMA’s’’ and inserting ‘‘NGA’s’’.

9 (D) The heading for section 105C of that Act (50

10 U.S.C. 403–5c) is amended to read as follows:

11 ‘‘PROTECTION OF OPERATIONAL FILES OF THE NATIONAL

12 GEOSPATIAL-INTELLIGENCE AGENCY’’.

13 (E) The heading for section 110 of that Act (50

14 U.S.C. 404e) is amended to read as follows:

15 ‘‘NATIONAL MISSION OF NATIONAL GEOSPATIAL16 INTELLIGENCE AGENCY’’.

17 (F) The table of contents for that Act is

18 amended—

19 (i) by striking the item relating to section

20 105C and inserting the following new item:

‘‘Sec. 105C. Protection of operational files of the National Geospatial-Intelligence

Agency.’’; and

21 (ii) by striking the item relating to section

22 110 and inserting the following new item:

‘‘Sec. 110. National mission of National Geospatial-Intelligence Agency.’’.
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1 (c) REPORT ON UTILIZATION OF CERTAIN DATA EX2 TRACTION AND EXPLOITATION CAPABILITIES.—(1) Not

3 later than 60 days after the date of the enactment of this

4 Act, the Director of the National Geospatial-Intelligence

5 Agency shall submit to the appropriate committees of Con6 gress a report on the status of the efforts of the Agency to

7 incorporate within the Commercial Joint Mapping Tool Kit

8 (C/JMTK) applications for the rapid extraction and exploi9 tation of three-dimensional geospatial data from reconnais10 sance imagery.

11 (2) In this subsection, the term ‘‘appropriate commit12 tees of Congress’’ means—

13 (A) the Committee on Armed Services, the Sub14 committee on Defense of the Committee on Appropria15 tions, and the Select Committee on Intelligence of the

16 Senate; and

17 (B) the Committee on Armed Services, the Sub18 committee on Defense of the Committee on Appropria19 tions, and the Permanent Select Committee on Intel20 ligence of the House of Representatives.

21 (d) REFERENCES.—Any reference to the National Im22 agery and Mapping Agency or NIMA in any law, regula23 tion, document, paper, or other record of the United States

24 shall be deemed to be a reference to the National Geospatial25 Intelligence Agency or NGA, respectively.
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1 (e) MATTERS RELATING TO GEOSPATIAL INTEL2 LIGENCE.—(1) Section 442(a)(2) of title 10, United States

3 Code, is amended by striking ‘‘Imagery, intelligence, and

4 information’’ and inserting ‘‘Geospatial intelligence’’.

5 (2) Section 467 of such title is amended by adding at

6 the end the following new paragraph:

7 ‘‘(5) The term ‘geospatial intelligence’ means the

8 exploitation and analysis of imagery and geospatial

9 information to describe, assess, and visually depict

10 physical features and geographically referenced activi11 ties on the earth, and includes imagery, imagery in12 telligence, and geospatial information.’’.

13 (3) Section 110(a) of the National Security Act of 1947

14 (50 U.S.C. 404e(a)) is amended by striking ‘‘imagery re15 quirements’’ and inserting ‘‘geospatial intelligence require16 ments’’.

17 SEC. 903. STANDARDS OF CONDUCT FOR MEMBERS OF THE

18 DEFENSE POLICY BOARD AND THE DEFENSE

19 SCIENCE BOARD.

20 (a) STANDARDS REQUIRED.—Not later than 30 days

21 after the date of the enactment of this Act, the Secretary

22 of Defense shall promulgate standards of conduct for mem23 bers of the Defense Policy Board and the Defense Science

24 Board. The purpose of the standards of conduct shall be to
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1 ensure public confidence in the Defense Policy Board and

2 the Defense Science Board.

3 (b) ISSUES TO BE ADDRESSED.—The standards of

4 conduct promulgated pursuant to subsection (a) shall ad5 dress, at a minimum, the following:

6 (1) Conditions governing the access of Board

7 members to classified information and other confiden8 tial information about the plans and operations of the

9 Department of Defense and appropriate limitations

10 on any use of such information for private gain.

11 (2) Guidelines for addressing conflicting finan12 cial interests and recusal from participation in mat13 ters affecting such interests.

14 (3) Guidelines regarding the lobbying of Depart15 ment of Defense officials or other contacts with De16 partment of Defense officials regarding matters in

17 which Board members may have financial interests.

18 (c) REPORT TO CONGRESS.—The Secretary of Defense

19 shall provide the Committees on Armed Services of the Sen20 ate and the House of Representatives with a copy of the

21 standards of conduct promulgated pursuant to subsection

22 (a) immediately upon promulgation of the standards.
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1 Subtitle B—Space Activities

2 SEC. 911. COORDINATION OF SPACE SCIENCE AND TECH3 NOLOGY ACTIVITIES OF THE DEPARTMENT

4 OF DEFENSE.

5 (a) SPACE SCIENCE AND TECHNOLOGY STRATEGY.—

6 (1) The Under Secretary of the Air Force, in consultation

7 with the Director of Defense Research and Engineering,

8 shall develop a space science and technology strategy and

9 shall review and, as appropriate, revise the strategy annu10 ally.

11 (2) The strategy shall, at a minimum, address the fol12 lowing issues:

13 (A) Short-term and long-term goals of the space

14 science and technology programs of the Department of

15 Defense.

16 (B) The process for achieving the goals, includ17 ing an implementation plan.

18 (C) The process for assessing progress made to19 ward achieving the goals.

20 (3) Not later than March 15, 2004, the Under Sec21 retary shall submit a report on the space science and tech22 nology strategy to the Committees on Armed Services of the

23 Senate and the House of Representatives.

24 (b) REQUIRED COORDINATION.—In executing the

25 space science and technology strategy, the directors of the
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1 research laboratories of the Department of Defense, the

2 heads of other Department of Defense research components,

3 and the heads of all other appropriate organizations identi4 fied jointly by the Under Secretary of the Air Force and

5 the Director of Defense Research and Engineering—

6 (1) shall identify research laboratory projects

7 that make contributions pertaining directly and

8 uniquely to the development of space technology; and

9 (2) may execute the identified projects only with

10 the concurrence of the Under Secretary of the Air

11 Force.

12 (c) GENERAL ACCOUNTING OFFICE REVIEW.—(1) The

13 Comptroller General shall review and assess the space

14 science and technology strategy developed under subsection

15 (a) and the effectiveness of the coordination process required

16 under subsection (b).

17 (2) Not later than September 1, 2004, the Comptroller

18 General shall submit a report containing the findings and

19 assessment under paragraph (1) to the committees on

20 Armed Services of the Senate and the House of Representa21 tives.

22 (d) DEFINITIONS.—In this section:

23 (1) The term ‘‘research laboratory of the Depart24 ment of Defense’’ means the following:

25 (A) The Air Force Research Laboratory.
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1 (B) The Naval Research Laboratory.

2 (C) The Office of Naval Research.

3 (D) The Army Research Laboratory.

4 (2) The term ‘‘other Department of Defense re5 search component’’ means the following:

6 (A) The Defense Advanced Research Projects

7 Agency.

8 (B) The National Reconnaissance Office.

9 SEC. 912. SPACE PERSONNEL CADRE.

10 (a) STRATEGY REQUIRED.—(1) The Secretary of De11 fense shall develop a human capital resources strategy for

12 space personnel of the Department of Defense.

13 (2) The strategy shall be designed to ensure that the

14 space career fields of the military departments are inte15 grated to the maximum extent practicable.

16 (b) REPORT.—Not later than February 1, 2004, the

17 Secretary shall submit a report on the strategy to the Com18 mittees on Armed Services of the Senate and the House of

19 Representatives. The report shall contain the following in20 formation:

21 (1) The strategy.

22 (2) An assessment of the progress made in inte23 grating the space career fields of the military depart24 ments.
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1 (3) A comprehensive assessment of the adequacy

2 of the establishment of the Air Force officer career

3 field for space under section 8084 of title 10, United

4 States Code, as a solution for correcting deficiencies

5 identified by the Commission To Assess United States

6 National Security Space Management and Organiza7 tion (established under section 1621 of Public Law

8 106–65; 113 Stat. 813; 10 U.S.C. 111 note).

9 (c) GENERAL ACCOUNTING OFFICE REVIEW.—(1) The

10 Comptroller General shall review the strategy developed

11 under subsection (a) the space career fields of the military

12 departments and the plans of the military departments for

13 developing space career fields. The review shall include an

14 assessment of how effective the strategy and the space career

15 fields and plans, when implemented, are likely to be for de16 veloping the necessary cadre of personnel who are expert

17 in space systems development and space systems operations.

18 (2) Not later than June 15, 2004, the Comptroller Gen19 eral shall submit to the Committees referred to in subsection

20 (a)(2) a report on the results of the review under paragraph

21 (1), including the assessment required by such paragraph.
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1 SEC. 913. POLICY REGARDING ASSURED ACCESS TO SPACE

2 FOR UNITED STATES NATIONAL SECURITY

3 PAYLOADS.

4 (a) POLICY.—It is the policy of the United States for

5 the President to undertake actions appropriate to ensure,

6 to the maximum extent practicable, that the United States

7 has the capabilities necessary to launch and insert United

8 States national security payloads into space whenever such

9 payloads are needed in space.

10 (b) INCLUDED ACTIONS.—The appropriate actions re11 ferred to in subsection (a) shall include, at a minimum,

12 providing resources and policy guidance to sustain—

13 (1) the availability of at least two space launch

14 vehicles or families of space launch vehicles capable of

15 delivering into space all payloads designated as na16 tional security payloads by the Secretary of Defense

17 and the Director of Central Intelligence; and

18 (2) a robust space launch infrastructure and in19 dustrial base.

20 (c) COORDINATION.—The Secretary of Defense shall, to

21 the maximum extent practicable, pursue the attainment of

22 the capabilities described in subsection (a) in coordination

23 with the Administrator of the National Space and Aero24 nautics Administration.
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1 SEC. 914. PILOT PROGRAM TO PROVIDE SPACE SURVEIL2 LANCE NETWORK SERVICES TO ENTITIES

3 OUTSIDE THE UNITED STATES GOVERNMENT.

4 (a) ESTABLISHMENT.—The Secretary of Defense shall

5 carry out a pilot program to provide eligible entities outside

6 the Federal Government with satellite tracking services

7 using assets owned or controlled by the Department of De8 fense.

9 (b) ELIGIBLE ENTITIES.—The Secretary shall pre10 scribe the requirements for eligibility to obtain services

11 under the pilot program. The requirements shall, at a min12 imum, provide eligibility for the following entities:

13 (1) The governments of States.

14 (2) The governments of political subdivisions of

15 States.

16 (3) United States commercial entities.

17 (4) The governments of foreign countries.

18 (5) Foreign commercial entities.

19 (c) SALE OF SERVICES.—Services under the pilot pro20 gram may be provided by sale, except in the case of services

21 provided to a government described in paragraph (1) or (2)

22 of subsection (b).

23 (d) CONTRACTOR INTERMEDIARIES.—Services under

24 the pilot program may be provided either directly to an

25 eligible entity or through a contractor of the United States

26 or a contractor of an eligible entity.
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1 (e) SATELLITE DATA AND RELATED ANALYSES.—The

2 services provided under the pilot program may include sat3 ellite tracking data or any analysis of satellite data if the

4 Secretary determines that it is in the national security in5 terests of the United States for the services to include such

6 data or analysis, respectively.

7 (f) REIMBURSEMENT OF COSTS.—The Secretary may

8 require an entity purchasing services under the pilot pro9 gram to reimburse the Department of Defense for the costs

10 incurred by the Department in entering into the sale.

11 (g) CREDITING TO CHARGED ACCOUNTS.—(1) The pro12 ceeds of a sale of services under the pilot program, together

13 with any amounts reimbursed under subsection (f) in con14 nection with the sale, shall be credited to the appropriation

15 for the fiscal year in which collected that is or corresponds

16 to the appropriation charged the costs of such services.

17 (2) Amounts credited to an appropriation under para18 graph (1) shall be merged with other sums in the appropria19 tion and shall be available for the same period and the same

20 purposes as the sums with which merged.

21 (h) NONTRANSFERABILITY AGREEMENT.—The Sec22 retary shall require a recipient of services under the pilot

23 program to enter into an agreement not to transfer any

24 data or technical information, including any analysis of
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1 satellite tracking data, to any other entity without the ex2 pressed approval of the Secretary.

3 (i) PROHIBITION CONCERNING INTELLIGENCE ASSETS

4 OR DATA.—Services and information concerning, or de5 rived from, United States intelligence assets or data may

6 not be provided under the pilot program.

7 (j) DEFINITIONS.—In this section:

8 (1) The term ‘‘United States commercial entity’’

9 means an entity that is involved in commerce and is

10 organized under laws of a State, the District of Co11 lumbia, the Commonwealth of Puerto Rico, Guam, the

12 United States Virgin Islands, the Commonwealth of

13 the Northern Mariana Islands, or American Samoa.

14 (2) The term ‘‘foreign commercial entity’’ means

15 an entity that is involved in commerce and is orga16 nized under laws of a foreign country.

17 (k) DURATION OF PILOT PROGRAM.—The pilot pro18 gram under this section shall be conducted for three years

19 beginning on a date designated by the Secretary of Defense,

20 but not later than 180 days after the date of the enactment

21 of this Act.

22 SEC. 915. CONTENT OF BIENNIAL GLOBAL POSITIONING

23 SYSTEM REPORT.

24 (a) REVISED CONTENT.—Paragraph (1) of section

25 2281(d) of title 10, United States Code, is amended—
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1 (1) by striking subparagraph (C);

2 (2) in subparagraph (E), by striking ‘‘Any

3 progress made toward’’ and inserting ‘‘Progress and

4 challenges in’’;

5 (3) by striking subparagraph (F), and inserting

6 the following:

7 ‘‘(F) Progress and challenges in protecting GPS

8 from jamming, disruption, and interference.’’;

9 (4) by redesignating subparagraphs (D), (E),

10 and (F), as subparagraphs (C), (D), and (E), respec11 tively; and

12 (5) by inserting after subparagraph (E), as so

13 redesignated, the following new subparagraph (F):

14 ‘‘(F) Progress and challenges in developing the

15 enhanced Global Positioning System required by sec16 tion 218(b) of Public Law 105–261 (112 Stat. 1951;

17 10 U.S.C. 2281 note).’’.

18 (b) CONFORMING AMENDMENT.—Paragraph (2) of

19 such section 2281(d) is amended by inserting ‘‘(C),’’ after

20 ‘‘under subparagraphs’’.

21 Subtitle C—Other Matters

22 SEC. 921. COMBATANT COMMANDER INITIATIVE FUND.

23 (a) REDESIGNATION OF CINC INITIATIVE FUND.—(1)

24 The CINC Initiative Fund administered under section 166a
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1 of title 10, United States Code, is redesignated as the ‘‘Com2 batant Commander Initiative Fund’’.

3 (2) Section 166a of title 10, United States Code, is

4 amended—

5 (A) by striking the heading for subsection (a)

6 and inserting ‘‘COMBATANT COMMANDER INITIATIVE

7 FUND.—‘‘; and

8 (B) by striking ‘‘CINC Initiative Fund’’ in sub9 sections (a), (c), and (d), and inserting ‘‘Combatant

10 Commander Initiative Fund’’.

11 (3) Any reference to the CINC Initiative Fund in any

12 other provision of law or in any regulation, document,

13 record, or other paper of the United States shall be consid14 ered to be a reference to the Combatant Commander Initia15 tive Fund.

16 (b) AUTHORIZED ACTIVITIES.—Subsection (b) of sec17 tion 166a of title 10, United States Code, is amended by

18 adding at the end the following new paragraph:

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

20 (c) INCREASED MAXIMUM AMOUNTS AUTHORIZED FOR

21 USE.—Subsection (e)(1) of such section is amended—

22 (1) in subparagraph (A), by striking

23 ‘‘$7,000,000’’ and inserting ‘‘$15,000,000’’;

24 (2) in subparagraph (B), by striking

25 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’; and
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1 (3) in subparagraph (C), by striking

2 ‘‘$2,000,000’’ and inserting ‘‘$10,000,000’’.

3 SEC. 922. AUTHORITY FOR THE MARINE CORPS UNIVER4 SITY TO AWARD THE DEGREE OF MASTER OF

5 OPERATIONAL STUDIES.

6 Section 7102(b) of title 10, United States Code, is

7 amended—

8 (1) by striking ‘‘MARINE CORPS WAR COL9 LEGE.—’’ and inserting ‘‘AWARDING OF DEGREES.—

10 (1)’’; and

11 (2) by adding at the end the following new para12 graph:

13 ‘‘(2) Upon the recommendation of the Director and

14 faculty of the Command and Staff College of the Marine

15 Corps University, the President of the Marine Corps Uni16 versity may confer the degree of master of operational stud17 ies upon graduates of the School of Advanced Warfighting

18 of the Command and Staff College who fulfill the require19 ments for that degree.’’.

20 SEC. 923. REPORT ON CHANGING ROLES OF UNITED

21 STATES SPECIAL OPERATIONS COMMAND.

22 (a) REPORT REQUIRED.—Not later than 180 days

23 after the date of the enactment of this Act, the Secretary

24 of Defense shall submit to the Committees on Armed Serv25 ices of the Senate and the House of Representatives a report
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1 on the changing roles of the United States Special Oper2 ations Command.

3 (b) CONTENT OF REPORT.—(1) The report shall spe4 cifically discuss in detail the following matters:

5 (A) The expanded role of the United States Spe6 cial Operations Command in the global war on ter7 rorism.

8 (B) The reorganization of the United States Spe9 cial Operations Command to function as a supported

10 combatant command for planning and executing op11 erations.

12 (C) The role of the United States Special Oper13 ations Command as a supporting combatant com14 mand.

15 (2) The report shall also include, in addition to the

16 matters discussed pursuant to paragraph (1), a discussion

17 of the following matters:

18 (A) The military strategy to employ the United

19 States Special Operations Command to fight the war

20 on terrorism and how that strategy contributes to the

21 overall national security strategy with regard to the

22 global war on terrorism.

23 (B) The scope of the authority granted to the

24 commander of the United States Special Operations
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1 Command to act as a supported commander and to

2 prosecute the global war on terrorism.

3 (C) The operational and legal parameters within

4 which the commander of the United States Special

5 Operations Command is to exercise command author6 ity in foreign countries when taking action against

7 foreign and United States citizens engaged in ter8 rorist activities.

9 (D) The decisionmaking procedures for author10 izing, planning, and conducting individual missions,

11 including procedures for consultation with Congress.

12 (E) The procedures for the commander of the

13 United States Special Operations Command to use to

14 coordinate with commanders of other combatant com15 mands, especially geographic commands.

16 (F) Future organization plans and resource re17 quirements for conducting the global counterterrorism

18 mission.

19 (G) The impact of the changing role of the

20 United States Special Operations Command on other

21 special operations missions, including foreign inter22 nal defense, psychological operations, civil affairs, un23 conventional warfare, counterdrug activities, and hu24 manitarian activities.
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1 (c) FORMS OF REPORT.—The report shall be submitted

2 in unclassified form and, as necessary, in classified form.

3 SEC. 924. INTEGRATION OF DEFENSE INTELLIGENCE, SUR4 VEILLANCE, AND RECONNAISSANCE CAPA5 BILITIES

6 (a) FINDINGS.—Congress makes the following findings:

7 (1) As part of transformation efforts within the

8 Department of Defense, each of the Armed Forces is

9 developing intelligence, surveillance, and reconnais10 sance capabilities that best support future war fight11 ing as envisioned by the leadership of the military de12 partment concerned.

13 (2) Concurrently, intelligence agencies of the De14 partment of Defense outside the military departments

15 are developing transformation roadmaps to best sup16 port the future decisionmaking and war fighting

17 needs of their principal customers, but are not always

18 closely coordinating those efforts with the intelligence,

19 surveillance, and reconnaissance development efforts

20 of the military departments.

21 (3) A senior official of each military department

22 has been designated as the integrator of intelligence,

23 surveillance, and reconnaissance for each of the

24 Armed Forces in such military department, but there

25 is not currently a well-defined forum where the inte-
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1 grators of intelligence, surveillance, and reconnais2 sance capabilities for each of the Armed Forces can

3 routinely interact with each other and with senior

4 representatives of Department of Defense intelligence

5 agencies, as well as with other members of the intel6 ligence community, to ensure unity of effort and to

7 preclude unnecessary duplication of effort.

8 (4) The current funding structure of a National

9 Foreign Intelligence Program (NFIP), Joint Military

10 Intelligence Program (JMIP), and Tactical Intel11 ligence and Related Activities Program (TIARA)

12 might not be the best approach for supporting the de13 velopment of an intelligence, surveillance, and recon14 naissance structure that is integrated to meet the na15 tional security requirements of the United States in

16 the 21st century.

17 (5) The position of Under Secretary of Defense

18 for Intelligence was established in 2002 by Public

19 Law 107–314 in order to facilitate resolution of the

20 challenges to achieving an integrated intelligence, sur21 veillance, and reconnaissance structure in the Depart22 ment of Defense to meet such 21st century require23 ments.

24 (b) GOAL.—It shall be a goal of the Department of De25 fense to fully coordinate and integrate the intelligence, sur-
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1 veillance, and reconnaissance capabilities and develop2 mental activities of the military departments, intelligence

3 agencies of the Department of Defense, and relevant combat4 ant commands as those departments, agencies, and com5 mands transform their intelligence, surveillance, and recon6 naissance systems to meet current and future needs.

7 (c) REQUIREMENT.—(1) The Under Secretary of De8 fense for Intelligence shall establish an Intelligence, Surveil9 lance, and Reconnaissance Integration Council to provide

10 a permanent forum for the discussion and arbitration of

11 issues relating to the integration of intelligence, surveil12 lance, and reconnaissance capabilities.

13 (2) The Council shall be composed of the senior intel14 ligence officers of the Armed Forces and the United States

15 Special Operations Command, the Director of Operations

16 of the Joint Staff, and the directors of the intelligence agen17 cies of the Department of Defense.

18 (3) The Under Secretary of Defense for Intelligence

19 shall invite the participation of the Director of Central In20 telligence or his representative in the proceedings of the

21 Council.

22 (d) ISR INTEGRATION ROADMAP.—The Under Sec23 retary of Defense for Intelligence, in consultation with the

24 Intelligence, Surveillance, and Reconnaissance Integration

25 Council and the Director of Central Intelligence, shall de-
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1 velop a comprehensive Defense Intelligence, Surveillance,

2 and Reconnaissance Integration Roadmap to guide the de3 velopment and integration of the Department of Defense in4 telligence, surveillance, and reconnaissance capabilities for

5 15 years.

6 (e) REPORT.—(1) Not later than September 30, 2004,

7 the Under Secretary of Defense for Intelligence shall submit

8 to the committees of Congress specified in paragraph (2)

9 a report on the Defense Intelligence, Surveillance, and Re10 connaissance Integration Roadmap developed under sub11 section (d). The report shall include the following matters:

12 (A) The fundamental goals established in the

13 roadmap.

14 (B) An overview of the intelligence, surveillance,

15 and reconnaissance integration activities of the mili16 tary departments and the intelligence agencies of the

17 Department of Defense.

18 (C) An investment strategy for achieving—

19 (i) an integration of Department of Defense

20 intelligence, surveillance, and reconnaissance ca21 pabilities that ensures sustainment of needed tac22 tical and operational efforts; and

23 (ii) efficient investment in new intelligence,

24 surveillance, and reconnaissance capabilities.
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1 (D) A discussion of how intelligence gathered

2 and analyzed by the Department of Defense can en3 hance the role of the Department of Defense in ful4 filling its homeland security responsibilities.

5 (E) A discussion of how counterintelligence ac6 tivities of the Armed Forces and the Department of

7 Defense intelligence agencies can be better integrated.

8 (F) Recommendations on how annual funding

9 authorizations and appropriations can be optimally

10 structured to best support the development of a fully

11 integrated Department of Defense intelligence, surveil12 lance, and reconnaissance architecture.

13 (2) The committees of Congress referred to in para14 graph (1) are as follows:

15 (A) The Committee on Armed Services, the Com16 mittee on Appropriations, and the Select Committee

17 on Intelligence of the Senate.

18 (B) The Committee on Armed Services, the Com19 mittee on Appropriations, and the Permanent Select

20 Committee on Intelligence of the House of Representa21 tives.

22 SEC. 925. ESTABLISHMENT OF THE NATIONAL GUARD OF

23 THE NORTHERN MARIANA ISLANDS.

24 (a) ESTABLISHMENT.—The Secretary of Defense may

25 cooperate with the Governor of the Northern Mariana Is-
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1 lands to establish the National Guard of the Northern Mar2 iana Islands, and may integrate into the Army National

3 Guard of the United States and the Air National Guard

4 of the United States the members of the National Guard

5 of the Northern Mariana Islands who are granted Federal

6 recognition under title 32, United States Code.

7 (b) AMENDMENTS TO TITLE 10.—(1) Section 101 of

8 title 10, United States Code, is amended—

9 (A) in subsection (c), by inserting ‘‘the Northern

10 Mariana Islands,’’ after ‘‘Puerto Rico,’’ in para11 graphs (2) and (4); and

12 (B) in subsection (d)(5), by inserting ‘‘the Com13 monwealth of the Northern Mariana Islands,’’ after

14 ‘‘the Commonwealth of Puerto Rico,’’.

15 (2) Section 10001 of such title is amended by inserting

16 ‘‘the Commonwealth of the Northern Mariana Islands,’’

17 after ‘‘the Commonwealth of Puerto Rico,’’.

18 (c) AMENDMENTS TO TITLE 32.—Title 32, United

19 States Code, is amended as follows:

20 (1) Section 101 is amended—

21 (A) in paragraphs (4) and (6), by inserting

22 ‘‘, the Northern Mariana Islands,’’ after ‘‘Puerto

23 Rico’’; and

24 (B) in paragraph (19), by inserting ‘‘the

25 Commonwealth of the Northern Mariana Is-
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1 lands,’’ after ‘‘the Commonwealth of Puerto

2 Rico,’’.

3 (2) Section 103 is amended by inserting ‘‘, the

4 Northern Mariana Islands,’’ after ‘‘Puerto Rico’’.

5 (3) Section 104 is amended—

6 (A) in subsection (a), by striking ‘‘and

7 Puerto Rico’’ and inserting ‘‘, Puerto Rico, and

8 the Northern Mariana Islands’’; and

9 (B) in subsections (c) and (d), by inserting

10 ‘‘, the Northern Mariana Islands,’’ after ‘‘Puerto

11 Rico’’.

12 (4) Section 107(b) is amended by inserting ‘‘, the

13 Northern Mariana Islands,’’ after ‘‘Puerto Rico’’.

14 (5) Section 109 is amended by inserting ‘‘the

15 Northern Mariana Islands’’ in subsections (a), (b),

16 and (c) after ‘‘Puerto Rico,’’.

17 (6) Section 112(i)(3) is amended by inserting

18 ‘‘the Commonwealth of the Northern Mariana Is19 lands,’’ after ‘‘the Commonwealth of Puerto Rico,’’.

20 (7) Section 304 is amended by inserting ‘‘, the

21 Northern Mariana Islands,’’ after ‘‘or of Puerto Rico’’

22 in the sentence following the oath.

23 (8) Section 314 is amended by inserting ‘‘, the

24 Northern Mariana Islands,’’ after ‘‘Puerto Rico’’ in

25 subsections (a) and (d).
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1 (9) Section 315 is amended by inserting ‘‘, the

2 Northern Mariana Islands,’’ after ‘‘Puerto Rico’’ each

3 place it appears.

4 (10) Section 325(a) is amended by inserting ‘‘,

5 the Northern Mariana Islands,’’ after ‘‘Puerto Rico’’.

6 (11) Section 501(b) is amended by inserting ‘‘,

7 the Northern Mariana Islands,’’ after ‘‘Puerto Rico’’.

8 (12) Section 503(b) is amended by inserting ‘‘,

9 the Northern Mariana Islands,’’ after ‘‘Puerto Rico’’.

10 (13) Section 504(b) is amended by inserting ‘‘,

11 the Northern Mariana Islands,’’ after ‘‘Puerto Rico’’.

12 (14) Section 505 is amended by inserting ‘‘or the

13 Northern Mariana Islands,’’ after ‘‘Puerto Rico,’’ in

14 the first sentence.

15 (15) Section 509(l)(1) is amended by inserting

16 ‘‘the Commonwealth of the Northern Mariana Is17 lands,’’ after ‘‘the Commonwealth of Puerto Rico,’’.

18 (16) Section 702 is amended—

19 (A) in subsection (a), by inserting ‘‘, or the

20 Northern Mariana Islands,’’ after ‘‘Puerto Rico’’;

21 and

22 (B) in subsections (b), (c), and (d), by in23 serting ‘‘, the Northern Mariana Islands,’’ after

24 ‘‘Puerto Rico’’.
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1 (17) Section 703 is amended by inserting ‘‘, the

2 Northern Mariana Islands,’’ after ‘‘Puerto Rico’’ in

3 subsections (a) and (b).

4 (18) Section 704 is amended by inserting ‘‘, the

5 Northern Mariana Islands,’’ after ‘‘Puerto Rico’’ in

6 subsections (a) and (b).

7 (19) Section 708 is amended—

8 (A) in subsection (a), by striking ‘‘and

9 Puerto Rico,’’ and inserting ‘‘Puerto Rico, and

10 the Northern Mariana Islands,’’; and

11 (B) in subsection (d), by inserting ‘‘, the

12 Northern Mariana Islands,’’ after ‘‘Puerto Rico’’.

13 (20) Section 710 is amended by inserting ‘‘, the

14 Northern Mariana Islands,’’ after ‘‘Puerto Rico’’ each

15 place it appears in subsections (c), (d)(3), (e), and

16 (f)(1).

17 (21) Section 711 is amended by inserting ‘‘, the

18 Northern Mariana Islands,’’ after ‘‘Puerto Rico’’.

19 (22) Section 712(1) is amended by inserting ‘‘,

20 the Northern Mariana Islands,’’ after ‘‘Puerto Rico’’.

21 (23) Section 715(c) is amended by striking ‘‘or

22 the District of Columbia or Puerto Rico,’’ and insert23 ing ‘‘, the District of Columbia, Puerto Rico, or the

24 Northern Mariana Islands’’.
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1 (d) AMENDMENTS TO TITLE 37.—Section 101 of title

2 37, United States Code, is amended by striking ‘‘the Canal

3 Zone,’’ in paragraphs (7) and (9) and inserting ‘‘the North4 ern Mariana Islands,’’.

5 (e) OTHER REFERENCES.—Any reference that is made

6 in any other provision of law or in any regulation of the

7 United States to a State, or to the Governor of a State,

8 in relation to the National Guard (as defined in section

9 101(3) of title 32, United States Code) shall be considered

10 to include a reference to the Commonwealth of the Northern

11 Mariana Islands or to the Governor of the Northern Mar12 iana Islands, respectively.

13 TITLE X—GENERAL PROVISIONS

14 Subtitle A—Financial Matters

15 SEC. 1001. TRANSFER AUTHORITY.

16 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

17 Upon determination by the Secretary of Defense that such

18 action is necessary in the national interest, the Secretary

19 may transfer amounts of authorizations made available to

20 the Department of Defense in this division for fiscal year

21 2004 between any such authorizations for that fiscal year

22 (or any subdivisions thereof). Amounts of authorizations so

23 transferred shall be merged with and be available for the

24 same purposes as the authorization to which transferred.
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1 (2) The total amount of authorizations that the Sec2 retary may transfer under the authority of this section may

3 not exceed $3,000,000,000.

4 (b) LIMITATIONS.—The authority provided by this sec5 tion to transfer authorizations—

6 (1) may only be used to provide authority for

7 items that have a higher priority than the items from

8 which authority is transferred; and

9 (2) may not be used to provide authority for an

10 item that has been denied authorization by Congress.

11 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans12 fer made from one account to another under the authority

13 of this section shall be deemed to increase the amount au14 thorized for the account to which the amount is transferred

15 by an amount equal to the amount transferred.

16 (d) NOTICE TO CONGRESS.—The Secretary shall

17 promptly notify Congress of each transfer made under sub18 section (a).

19 SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COM20 MON-FUNDED BUDGETS IN FISCAL YEAR 2004.

21 (a) FISCAL YEAR 2004 LIMITATION.—The total

22 amount contributed by the Secretary of Defense in fiscal

23 year 2004 for the common-funded budgets of NATO may

24 be any amount up to, but not in excess of, the amount speci25 fied in subsection (b) (rather than the maximum amount
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1 that would otherwise be applicable to those contributions

2 under the fiscal year 1998 baseline limitation).

3 (b) TOTAL AMOUNT.—The amount of the limitation

4 applicable under subsection (a) is the sum of the following:

5 (1) The amounts of unexpended balances, as of

6 the end of fiscal year 2003, of funds appropriated for

7 fiscal years before fiscal year 2004 for payments for

8 those budgets.

9 (2) The amount specified in subsection (c)(1).

10 (3) The amount specified in subsection (c)(2).

11 (4) The total amount of the contributions author12 ized to be made under section 2501.

13 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

14 be appropriated by titles II and III of this Act are available

15 for contributions for the common-funded budgets of NATO

16 as follows:

17 (1) Of the amount provided in section 201(1),

18 $853,000 for the Civil Budget.

19 (2) Of the amount provided in section 301(1),

20 $207,125,000 for the Military Budget.

21 (d) DEFINITIONS.—For purposes of this section:

22 (1) COMMON-FUNDED BUDGETS OF NATO.—The

23 term ‘‘common-funded budgets of NATO’’ means the

24 Military Budget, the Security Investment Program,

25 and the Civil Budget of the North Atlantic Treaty Or-
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1 ganization (and any successor or additional account

2 or program of NATO).

3 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

4 The term ‘‘fiscal year 1998 baseline limitation’’

5 means the maximum annual amount of Department

6 of Defense contributions for common-funded budgets of

7 NATO that is set forth as the annual limitation in

8 section 3(2)(C)(ii) of the resolution of the Senate giv9 ing the advice and consent of the Senate to the ratifi10 cation of the Protocols to the North Atlantic Treaty

11 of 1949 on the Accession of Poland, Hungary, and the

12 Czech Republic (as defined in section 4(7) of that res13 olution), approved by the Senate on April 30, 1998.

14 SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPRO15 PRIATIONS FOR FISCAL YEAR 2003.

16 (a) DOD AND DOE AUTHORIZATIONS.—Amounts au17 thorized to be appropriated to the Department of Defense

18 and the Department of Energy for fiscal year 2003 in the

19 Bob Stump National Defense Authorization Act for Fiscal

20 Year 2003 (Public Law 107–314) are hereby adjusted, with

21 respect to any such authorized amount, by the amount by

22 which appropriations pursuant to such authorization are

23 increased (by a supplemental appropriation) or decreased

24 (by a rescission), or both, or are increased by a transfer

25 of funds, pursuant to title I of Public Law 108–11.
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1 (b) REPORT ON FISCAL YEAR 2003 TRANSFERS.—Not

2 later than 30 days after the end of each fiscal quarter for

3 which unexpended balances of funds appropriated under

4 title I of Public Law 108–11 are available for the Depart5 ment of Defense, the Secretary of Defense shall submit to

6 the congressional defense committees a report stating, for

7 each transfer of such funds during such fiscal quarter of

8 an amount provided for the Department of Defense through

9 a so-called ‘‘transfer account’’, including the Iraqi Freedom

10 Fund or any other similar account—

11 (1) the amount of the transfer;

12 (2) the appropriation account to which the

13 transfer was made; and

14 (3) the specific purpose for which the transferred

15 funds were used or are to be used.

16 Subtitle B—Improvement of Travel

17 Card Management

18 SEC. 1011. MANDATORY DISBURSEMENT OF TRAVEL AL19 LOWANCES DIRECTLY TO TRAVEL CARD

20 CREDITORS.

21 Section 2784a(a) of title 10, United States Code, is

22 amended—

23 (1) in paragraph (1), by striking ‘‘The Secretary

24 of Defense may require’’ and inserting ‘‘The Secretary

25 of Defense shall require’’;
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1 (2) by redesignating paragraph (2) as para2 graph (3); and

3 (3) by inserting after paragraph (1) the fol4 lowing new paragraph (2):

5 ‘‘(2) The Secretary of Defense may waive the require6 ment for a direct payment to a travel care issuer under

7 paragraph (1) in any case in which it is determined under

8 regulations prescribed by the Secretary that the direct pay9 ment would be against equity and good conscience or would

10 be contrary to the best interests of the United States.’’.

11 SEC. 1012. DETERMINATIONS OF CREDITWORTHINESS FOR

12 ISSUANCE OF DEFENSE TRAVEL CARD.

13 Section 2784a of title 10, United States Code, is

14 amended—

15 (1) by redesignating subsections (d) and (e) as

16 subsections (e) and (f), respectively; and

17 (2) by inserting after subsection (c) the following

18 new subsection (d):

19 ‘‘(d) DETERMINATIONS OF CREDITWORTHINESS FOR

20 ISSUANCE OF DEFENSE TRAVEL CARD.—(1) The Secretary

21 of Defense shall require that the creditworthiness of an indi22 vidual be evaluated before a Defense travel card is issued

23 to the individual. The evaluation may include an examina24 tion of the individual’s credit history in available credit

25 records.
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1 ‘‘(2) An individual may not be issued a Defense travel

2 card if the individual is found not creditworthy as a result

3 of the evaluation required under paragraph (1).’’.

4 SEC. 1013. DISCIPLINARY ACTIONS AND ASSESSING PEN5 ALTIES FOR MISUSE OF DEFENSE TRAVEL

6 CARDS.

7 (a) REQUIREMENT FOR GUIDANCE.—The Secretary of

8 Defense shall prescribe guidelines and procedures for mak9 ing determinations regarding the taking of disciplinary ac10 tion, including assessment of penalties, against Department

11 of Defense personnel for improper, fraudulent, or abusive

12 use of Defense travel cards by such personnel.

13 (b) ACTIONS COVERED.—The disciplinary actions and

14 penalties covered by the guidance and procedures prescribed

15 under subsection (a) may include the following:

16 (1) Civil actions for false claims under sections

17 3729 through 3731 of title 31, United States Code.

18 (2) Administrative remedies for false claims and

19 statements provided under chapter 38 of title 31,

20 United States Code.

21 (3) In the case of civilian personnel, adverse per22 sonnel actions under chapter 75 of title 5, United

23 States Code, and any other disciplinary actions

24 available under law for employees of the United

25 States.
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1 (4) In the case of members of the Armed Forces,

2 disciplinary actions and penalties under chapter 47

3 of title 10, United States Code (the Uniform Code of

4 Military Justice).

5 (c) REPORT.—Not later than February 1, 2004, the

6 Secretary of Defense shall submit to the Committees on

7 Armed Services of the Senate and the House of Representa8 tives a report on the guidelines and penalties prescribed

9 under subsection (a). The report shall include the following:

10 (1) The guidelines and penalties.

11 (2) A discussion of the implementation of the

12 guidelines and penalties.

13 (3) A discussion of any additional administra14 tive action, or any recommended legislation, that the

15 Secretary considers necessary to effectively take dis16 ciplinary action against and penalize Department of

17 Defense personnel for improper, fraudulent, or abu18 sive use of Defense travel cards by such personnel.

19 (d) DEFENSE TRAVEL CARD DEFINED.—In this sec20 tion, the term ‘‘Defense travel card’’ has the meaning given

21 such term in section 2784a(d)(1) of title 10, United States

22 Code.
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1 Subtitle C—Reports

2 SEC. 1021. ELIMINATION AND REVISION OF VARIOUS RE3 PORTING REQUIREMENTS APPLICABLE TO

4 THE DEPARTMENT OF DEFENSE.

5 (a) PROVISIONS OF TITLE 10.—Title 10, United States

6 Code, is amended as follows:

7 (1) Section 128 is amended by striking sub8 section (d).

9 (2) Section 437 is amended—

10 (A) by striking subsection (b); and

11 (B) in subsection (c)—

12 (i) by striking ‘‘and’’ at the end of

13 paragraph (2);

14 (ii) by striking the period at the end of

15 paragraph (3) and inserting ‘‘; and’’; and

16 (iii) by adding at the end the following

17 new paragraph:

18 ‘‘(4) a description of each corporation, partner19 ship, and other legal entity that was established dur20 ing such fiscal year.’’.

21 (3)(A) Section 520c is amended—

22 (i) by striking subsection (b);

23 (ii) by striking ‘‘(a) PROVISION OF MEALS

24 AND REFRESHMENTS.—’’; and
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1 (iii) by striking the heading for such section

2 and inserting the following:

3 ‘‘§ 520c. Provision of meals and refreshments for re4 cruiting purposes’’.

5 (B) The item relating to such section in the table

6 of sections at the beginning of chapter 31 of such title

7 is amended to read as follow:

‘‘520c. Provision of meals and refreshments for recruiting purposes.’’.

8 (4) Section 986 is amended by striking sub9 section (e).

10 (5) Section 1060 is amended by striking sub11 section (d).

12 (6) Section 2212 is amended by striking sub13 sections (d) and (e).

14 (7) Section 2224 is amended by striking sub15 section (e).

16 (8) Section 2255(b) is amended—

17 (A) by striking paragraph (2);

18 (B) by striking ‘‘(b) EXCEPTION.—(1)’’ and

19 inserting ‘‘(b) EXCEPTION.—’’;

20 (C) by redesignating subparagraphs (A)

21 and (B) as paragraphs (1) and (2), respectively;

22 and

23 (D) by redesignating clauses (i), (ii), and

24 (iii) as subparagraphs (A), (B), and (C), respec25 tively.
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1 (9) Section 2323(i) is amended by striking para2 graph (3).

3 (10) Section 2350a is amended by striking sub4 section (f).

5 (11) Section 2350b(d) is amended—

6 (A) by striking paragraphs (1) and (2) and

7 inserting the following new paragraph:

8 ‘‘(1) Not later than 90 days after the end of each fiscal

9 year in which the Secretary of Defense has authority dele10 gated as described in subsection (a), the Secretary shall sub11 mit to Congress a report on the administration of such au12 thority under this section. The report for a fiscal year shall

13 include the following information:

14 ‘‘(A) Each prime contract that the Secretary re15 quired to be awarded to a particular prime contractor

16 during such fiscal year, and each subcontract that the

17 Secretary required be awarded to a particular subcon18 tractor during such fiscal year, to comply with a co19 operative agreement, together with the reasons that

20 the Secretary exercised authority to designate a par21 ticular contractor or subcontractor, as the case may

22 be.

23 ‘‘(B) Each exercise of the waiver authority under

24 subsection (c) during such fiscal year, including the
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1 particular provision or provisions of law that were

2 waived.’’; and

3 (B) by redesignating paragraph (3) as

4 paragraph (2).

5 (12) Section 2371(h) is amended by adding at

6 the end the following new paragraph:

7 ‘‘(3) No report is required under this section for fiscal

8 years after fiscal year 2006.’’.

9 (13) Section 2515(d) is amended—

10 (A) by striking ‘‘ANNUAL REPORT.—’’ and

11 inserting ‘‘BIENNIAL REPORT.—’’; and

12 (B) in paragraph (1)—

13 (i) in the second sentence, by striking

14 ‘‘each year’’ and inserting ‘‘each even-num15 bered year’’; and

16 (ii) in the third sentence, by striking

17 ‘‘during the fiscal year’’ and inserting

18 ‘‘during the two fiscal years’’.

19 (14) Section 2541d is amended—

20 (A) by striking subsection (b); and

21 (B) by striking ‘‘(a) REPORT BY COMMER22 CIAL FIRMS TO SECRETARY OF DEFENSE.—’’.

23 (15) Section 2645(d) is amended—

24 (A) by striking ‘‘to Congress’’ and all that

25 follows through ‘‘notification of the loss’’ in
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1 paragraph (1) and inserting ‘‘to Congress notifi2 cation of the loss’’;

3 (B) by striking ‘‘loss; and’’ and inserting

4 ‘‘loss.’’; and

5 (C) by striking paragraph (2).

6 (16) Section 2680 is amended by striking sub7 section (e).

8 (17) Section 2688(e) is amended to read as fol9 lows:

10 ‘‘(e) QUARTERLY REPORT.—(1) Not later than 30 days

11 after the end of each quarter of a fiscal year, the Secretary

12 shall submit to the congressional defense committees a re13 port on the conveyances made under subsection (a) during

14 such fiscal quarter. The report shall include, for each such

15 conveyance, an economic analysis (based upon accepted life16 cycle costing procedures approved by the Secretary of De17 fense) demonstrating that—

18 ‘‘(A) the long-term economic benefit of the con19 veyance to the United States exceeds the long-term

20 economic cost of the conveyance to the United States;

21 and

22 ‘‘(B) the conveyance will reduce the long-term

23 costs of the United States for utility services provided

24 by the utility system concerned.
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1 ‘‘(2) In this section, the term ‘congressional defense

2 committees’ means the following:

3 ‘‘(A) The Committee on Armed Services and the

4 Committee on Appropriations of the Senate.

5 ‘‘(B) The Committee on Armed Services and the

6 Committee on Appropriations of the House of Rep7 resentatives.’’.

8 (18) Section 2807(b) is amended by striking

9 ‘‘$500,000’’ and inserting ‘‘$1,000,000’’.

10 (19) Section 2827 is amended—

11 (A) by striking subsection (b); and

12 (B) by striking ‘‘(a) Subject to subsection

13 (b), the Secretary’’ and inserting ‘‘The Sec14 retary’’.

15 (20) Section 2902(g) is amended—

16 (A) by striking paragraph (2); and

17 (B) by striking ‘‘(g)(1)’’ and inserting

18 ‘‘(g)’’.

19 (21) Section 9514 is amended—

20 (A) in subsection (c)—

21 (i) by striking ‘‘to Congress’’ and all

22 that follows through ‘‘notification of the

23 loss’’ in paragraph (1) and inserting ‘‘to

24 Congress notification of the loss’’;
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1 (ii) by striking ‘‘loss; and’’ and insert2 ing ‘‘loss.’’; and

3 (iii) by striking paragraph (2); and

4 (B) by striking subsection (f).

5 (b) NATIONAL DEFENSE AUTHORIZATION ACT FOR

6 FISCAL YEARS 1992 AND 1993.—Section 734 of the Na7 tional Defense Authorization Act for Fiscal Years 1992 and

8 1993 (Public Law 102–190; 105 Stat. 1411; 10 U.S.C. 1074

9 note) is amended by striking subsection (c).

10 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR

11 FISCAL YEAR 1993.—Section 324 of the National Defense

12 Authorization Act for Fiscal Year 1993 (Public Law 102–

13 484; 106 Stat. 2367; 10 U.S.C. 2701 note) is amended—

14 (1) by striking subsection (b); and

15 (2) in subsection (a), by striking ‘‘(a) SENSE OF

16 CONGRESS.—’’.

17 (d) NATIONAL DEFENSE AUTHORIZATION ACT FOR

18 FISCAL YEAR 1995.—Section 721 of the National Defense

19 Authorization Act for Fiscal Year 1995 (Public Law 103–

20 337; 108 Stat. 2804; 10 U.S.C. 1074 note) is amended by

21 striking subsection (h).

22 (e) NATIONAL DEFENSE AUTHORIZATION ACT FOR

23 FISCAL YEAR 1997.—Section 324(c) of the National Defense

24 Authorization Act for Fiscal Year 1997 (Public Law 104–
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1 201; 110 Stat. 2480; 10 U.S.C. 2706 note) is amended by

2 inserting ‘‘before 2006’’ after ‘‘submitted to Congress’’.

3 (f) STROM THURMOND NATIONAL DEFENSE AUTHOR4 IZATION ACT FOR FISCAL YEAR 1999.—The Strom Thur5 mond National Defense Authorization Act for Fiscal Year

6 1999 (Public Law 105–261) is amended—

7 (1) in section 745(e) (112 Stat. 2078; 10 U.S.C.

8 1071 note)—

9 (A) by striking paragraph (2); and

10 (B) by striking ‘‘TRICARE.—(1) The’’ and

11 inserting ‘‘TRICARE.—The’’ ; and

12 (2) effective on January 1, 2004, by striking sec13 tion 1223 (112 Stat. 2154; 22 U.S.C. 1928 note).

14 (g) NATIONAL DEFENSE AUTHORIZATION ACT FOR

15 FISCAL YEAR 2000.—The National Defense Authorization

16 Act for Fiscal Year 2000 (Public Law 106–65) is

17 amended—

18 (1) by striking section 1025 (113 Stat. 748; 10

19 U.S.C. 113 note);

20 (2) in section 1039 (113 Stat. 756; 10 U.S.C.

21 113 note), by striking subsection (b); and

22 (3) in section 1201 (113 Stat. 779; 10 U.S.C.

23 168 note) by striking subsection (d).

24 (h) DEPARTMENT OF DEFENSE AND EMERGENCY SUP25 PLEMENTAL APPROPRIATIONS FOR RECOVERY FROM AND
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1 RESPONSE TO TERRORIST ATTACKS ON THE UNITED

2 STATES ACT, 2002.—Section 8009 of the Department of De3 fense and Emergency Supplemental Appropriations for Re4 covery from and Response to Terrorist Attacks on the

5 United States Act, 2002 (Public Law 107–117; 115 Stat.

6 2249) is amended by striking ‘‘, and these obligations shall

7 be reported to the Congress as of September 30 of each

8 year’’.

9 SEC. 1022. GLOBAL STRIKE PLAN.

10 (a) INTEGRATED PLAN FOR PROMPT GLOBAL

11 STRIKE.—The Secretary of Defense shall prescribe an inte12 grated plan for developing, deploying, and sustaining a

13 prompt global strike capability in the Armed Forces. The

14 Secretary shall update the plan annually.

15 (b) REPORTS REQUIRED.—(1) Not later than April 1

16 of each of 2004, 2005, and 2006, the Secretary shall submit

17 to the congressional defense committees a report on the plan

18 prescribed under subsection (a).

19 (2) Each report required under paragraph (1) shall

20 include the following:

21 (A) A description and assessment of the targets

22 against which long-range strike assets might be di23 rected and the conditions under which the assets

24 might be used.
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1 (B) The role of, and plans for ensuring,

2 sustainment and modernization of current long-range

3 strike assets, including bombers, intercontinental bal4 listic missiles, and submarine launched ballistic mis5 siles.

6 (C) A description of the capabilities desired for

7 advanced long-range strike assets and plans to achieve

8 those capabilities.

9 (D) A description of the capabilities desired for

10 advanced conventional munitions and the plans to

11 achieve those capabilities.

12 (E) An assessment of advanced nuclear concepts

13 that could contribute to the prompt global strike mis14 sion.

15 (F) An assessment of the command, control, and

16 communications capabilities necessary to support

17 prompt global strike capabilities.

18 (G) An assessment of intelligence, surveillance,

19 and reconnaissance capabilities necessary to support

20 prompt global strike capabilities.

21 (H) A description of how prompt global strike

22 capabilities are to be integrated with theater strike

23 capabilities.

24 (I) An estimated schedule for achieving the de25 sired prompt global strike capabilities.
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1 (J) The estimated cost of achieving the desired

2 prompt global strike capabilities.

3 (K) A description of ongoing and future studies

4 necessary for updating the plan appropriately.

5 SEC. 1023. REPORT ON THE CONDUCT OF OPERATION

6 IRAQI FREEDOM.

7 (a) REPORT REQUIRED.—(1) The Secretary of Defense

8 shall summit to the congressional defense committees, not

9 later than March 31, 2004, a report on the conduct of mili10 tary operations under Operation Iraqi Freedom.

11 (2) The report shall be prepared in consultation with

12 the Chairman of the Joint Chiefs of Staff, the Commander

13 of the United States Central Command, and such other offi14 cials as the Secretary considers appropriate.

15 (b) CONTENT.—(1) The report shall include a discus16 sion of the matters described in paragraph (2), with a par17 ticular emphasis on accomplishments and shortcomings and

18 on near-term and long-term corrective actions to address

19 the shortcomings.

20 (2) The matters to be discussed in the report are as

21 follows:

22 (A) The military objectives of the international

23 coalition conducting Operation Iraqi Freedom, the

24 military strategy selected to achieve the objectives,
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1 and an assessment of the execution of the military

2 strategy.

3 (B) The deployment process, including the

4 adaptability of the process to unforeseen contingencies

5 and changing requirements.

6 (C) The reserve component mobilization process,

7 including the timeliness of notification, training, and

8 subsequent demobilization.

9 (D) The use and performance of major items of

10 United States military equipment, weapon systems,

11 and munitions (including items classified under spe12 cial access procedures and items drawn from

13 prepositioned stocks) and any expected effects of the

14 experience with the use and performance of those

15 items on the doctrinal and tactical employment of

16 such items and on plans for continuing the acquisi17 tion of such items.

18 (E) Any additional identified requirements for

19 military equipment, weapon systems, and munitions,

20 including mix and quantity for future contingencies.

21 (F) The effectiveness of joint air operations, in22 cluding the doctrine for the employment of close air

23 support in the varied environments of Operation

24 Iraqi Freedom, and the effectiveness of attack heli25 copter operations.
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1 (G) The use of special operations forces, includ2 ing operational and intelligence uses.

3 (H) The scope of logistics support, including

4 support from other nations.

5 (I) The incidents of accidental fratricide, to6 gether with a discussion of the effectiveness of the

7 tracking of friendly forces and of the combat identi8 fication systems in mitigating friendly fire incidents.

9 (J) The adequacy of spectrum and bandwidth to

10 transmit all necessary information to operational

11 forces and assets, including unmanned aerial vehicles,

12 ground vehicles, and individual soldiers.

13 (K) The effectiveness of information operations,

14 including the effectiveness of Commando Solo and

15 other psychological operations assets, in achieving es16 tablished objectives, together with a description of

17 technological and other restrictions on the use of psy18 chological operations capabilities.

19 (L) The effectiveness of the reserve component

20 forces used in Operation Iraqi Freedom.

21 (M) The adequacy of intelligence support to the

22 warfighter before, during, and after combat oper23 ations, including the adequacy of such support to fa24 cilitate searches for weapons of mass destruction.
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1 (N) The rapid insertion and integration, if any,

2 of developmental but mission-essential equipment dur3 ing all phases of the operation.

4 (O) The most critical lessons learned that could

5 lead to long-term doctrinal, organizational, and tech6 nological changes, and the probable effects that an im7 plementation of those changes would have on current

8 visions, goals, and plans for transformation of the

9 Armed Forces.

10 (P) The results of a study, carried out by the

11 Secretary of Defense, regarding the availability of

12 family support services provided to the dependents of

13 members of the National Guard and other reserve

14 components of the Armed Forces who are called or or15 dered to active duty (hereinafter in this subparagraph

16 referred to as ‘‘mobilized members’’), including, at a

17 minimum, the following matters:

18 (i) A discussion of the extent to which coop19 erative agreements are in place or need to be en20 tered into to ensure that dependents of mobilized

21 members receive adequate family support services

22 from within existing family readiness groups at

23 military installations without regard to the

24 members’ armed force or component of an armed

25 force.
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1 (ii) A discussion of what additional family

2 support services, and what additional family

3 support agreements between and among the

4 Armed Forces (including the Coast Guard), are

5 necessary to ensure that adequate family support

6 services are provided to the families of mobilized

7 members.

8 (iii) A discussion of what additional re9 sources are necessary to ensure that adequate

10 family support services are available to the de11 pendents of each mobilized member at the mili12 tary installation nearest the residence of the de13 pendents.

14 (iv) The additional outreach programs that

15 should be established between families of mobi16 lized members and the sources of family support

17 services at the military installations in their re18 spective regions.

19 (v) A discussion of the procedures in place

20 for providing information on availability of

21 family support services to families of mobilized

22 members at the time the members are called or

23 ordered to active duty.
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1 (c) FORMS OF REPORT.—The report shall be submitted

2 in unclassified form, but may also be submitted in classified

3 form if necessary.

4 (d) REPORTING REQUIREMENT RELATING TO NON5 COMPETITIVE CONTRACTING FOR THE RECONSTRUCTION OF

6 INFRASTRUCTURE OF IRAQ.—(1) If a contract for the main7 tenance, rehabilitation, construction, or repair of infra8 structure in Iraq is entered into under the oversight and

9 direction of the Secretary of Defense or the Office of Recon10 struction and Humanitarian Assistance in the Office of the

11 Secretary of Defense without full and open competition, the

12 Secretary shall publish in the Federal Register or Commerce

13 Business Daily and otherwise make available to the public,

14 not later than 30 days after the date on which the contract

15 is entered into, the following information:

16 (i) The amount of the contract.

17 (ii) A brief description of the scope of the con18 tract.

19 (iii) A discussion of how the executive agency

20 identified, and solicited offers from, potential contrac21 tors to perform the contract, together with a list of the

22 potential contractors that were issued solicitations for

23 the offers.

24 (iv) The justification and approval documents on

25 which was based the determination to use procedures
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1 other than procedures that provide for full and open

2 competition.

3 (B) Subparagraph (A) does not apply to a contract

4 entered into more than one year after date of enactment.

5 (2)(A) The head of an executive agency may—

6 (i) withhold from publication and disclosure

7 under paragraph (1) any document that is classified

8 for restricted access in accordance with an Executive

9 order in the interest of national defense or foreign

10 policy; and

11 (ii) redact any part so classified that is in a

12 document not so classified before publication and dis13 closure of the document under paragraph (1).

14 (B) In any case in which the head of an executive

15 agency withholds information under subparagraph (A), the

16 head of such executive agency shall make available an

17 unredacted version of the document containing that infor18 mation to the chairman and ranking member of each of

19 the following committees of Congress:

20 (i) The Committee on Governmental Affairs of

21 the Senate and the Committee on Government Reform

22 of the House of Representatives.

23 (ii) The Committees on Appropriations of the

24 Senate and the House of Representatives.
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1 (iii) Each committee that the head of the execu2 tive agency determines has legislative jurisdiction for

3 the operations of such department or agency to which

4 the information relates.

5 (3) This subsection shall apply to contracts entered

6 into on or after October 1, 2002, except that, in the case

7 of a contract entered into before the date of the enactment

8 of this Act, paragraph (1) shall be applied as if the contract

9 had been entered into on the date of the enactment of this

10 Act.

11 (4) Nothing in this subsection shall be construed as af12 fecting obligations to disclose United States Government in13 formation under any other provision of law.

14 (5) In this subsection, the terms ‘‘executive agency’’

15 and ‘‘full and open competition’’ have the meanings given

16 such terms in section 4 of the Office of Federal Procurement

17 Policy Act (41 U.S.C. 403).

18 SEC. 1024. REPORT ON MOBILIZATION OF THE RESERVES.

19 (a) REQUIREMENT FOR REPORT.—Not later than 90

20 days after the date of the enactment of this Act, the Sec21 retary of Defense shall submit to the Committees on Armed

22 Services of the Senate and the House of Representatives a

23 report on the mobilization of reserve component forces dur24 ing fiscal years 2002 and 2003.
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1 (b) CONTENT.—The report under subsection (a) shall

2 include, for the period covered by the report, the following

3 information:

4 (1) The number of Reserves who were called or

5 ordered to active duty under a provision of law re6 ferred to in section 101(a)(13)(B) of title 10, United

7 States Code.

8 (2) The number of such Reserves who were called

9 or ordered to active duty for one year or more, in10 cluding any extensions on active duty.

11 (3) The military specialties of the Reserves

12 counted under paragraph (2).

13 (4) The number of Reserves who were called or

14 ordered to active duty more than once under a provi15 sion of law referred to in section 101(a)(13)(B) of

16 title 10, United States Code.

17 (5) The military specialties of the Reserves

18 counted under paragraph (4).

19 (6) The known effects on the reserve components,

20 including the effects on recruitment and retention of

21 personnel for the reserve components, that have re22 sulted from—

23 (A) the calls and orders of Reserves to active

24 duty; and
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1 (B) the tempo of the service of the Reserves

2 on the active duty to which called or ordered.

3 (7) The changes in the Armed Forces, including

4 any changes in the allocation of roles and missions

5 between the active components and the reserve compo6 nents of the Armed Forces, that are envisioned by the

7 Secretary of Defense on the basis of—

8 (A) the effects discussed under paragraph

9 (6); or

10 (B) the experienced need for calling and or11 dering Reserves to active duty during the period.

12 (8) An assessment of how necessary it would be

13 to call or order Reserves to active duty in the event

14 of a war or contingency operation (as defined in sec15 tion 101(a)(13) of title 10, United States Code) if

16 such changes were implemented.

17 (9) On the basis of the experience of calling and

18 ordering Reserves to active duty during the period, an

19 assessment of the process for calling and ordering Re20 serves to active duty, preparing such Reserves for the

21 active duty, processing the Reserves into the force

22 upon entry onto active duty, and deploying the Re23 serves, including an assessment of the adequacy of the

24 alert and notification process from the perspectives of
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1 the individual Reserves, reserve component units, and

2 employers of Reserves.

3 SEC. 1025. STUDY OF BERYLLIUM INDUSTRIAL BASE.

4 (a) REQUIREMENT FOR STUDY.—The Secretary of De5 fense shall conduct a study of the adequacy of the industrial

6 base of the United States to meet defense requirements of

7 the United States for beryllium.

8 (b) REPORT.—Not later than January 30, 2004, the

9 Secretary shall submit a report on the results of the study

10 to Congress. The report shall contain, at a minimum, the

11 following information:

12 (1) A discussion of the issues identified with re13 spect to the long-term supply of beryllium.

14 (2) An assessment of the need, if any, for mod15 ernization of the primary sources of production of be16 ryllium.

17 (3) A discussion of the advisability of, and con18 cepts for, meeting the future defense requirements of

19 the United States for beryllium and maintaining a

20 stable domestic industrial base of sources of beryllium

21 through—

22 (A) cooperative arrangements commonly re23 ferred to as public-private partnerships;
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1 (B) the administration of the National De2 fense Stockpile under the Strategic and Critical

3 Materials Stock Piling Act; and

4 (C) any other means that the Secretary

5 identifies as feasible.

6 Subtitle D—Other Matters

7 SEC. 1031. BLUE FORCES TRACKING INITIATIVE.

8 (a) FINDINGS.—Congress makes the following findings:

9 (1) For military commanders, a principal pur10 pose of technology is to enable the commanders to as11 certain the location of the units in their commands

12 in near real time.

13 (2) Each of the Armed Forces is developing and

14 testing a variety of technologies for tracking friendly

15 forces (known as ‘‘blue forces’’).

16 (3) Situational awareness of blue forces has been

17 much improved since the 1991 Persian Gulf War, but

18 blue forces tracking remains a complex problem char19 acterized by information that is incomplete, not fully

20 accurate, or untimely.

21 (4) Casualties in recent warfare have declined,

22 but casualties associated with friendly fire incidents

23 have remained relatively constant.

24 (5) Despite significant investment, a coordi25 nated, interoperable plan for tracking blue forces
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1 throughout a United States or coalition forces theater

2 of operations has not been developed.

3 (b) GOAL.—It shall be a goal of the Department of De4 fense to fully coordinate the various efforts of the Joint

5 Staff, the commanders of the combatant commands, and the

6 military departments to develop an effective blue forces

7 tracking system.

8 (c) JOINT BLUE FORCES TRACKING EXPERIMENT.—

9 (1) The Secretary of Defense, through the Commander of

10 the United States Joint Forces Command, shall carry out

11 a joint experiment in fiscal year 2004 to demonstrate and

12 evaluate available joint blue forces tracking technologies.

13 (2) The objectives of the experiment are as follows:

14 (A) To explore various options for tracking

15 United States and other friendly forces during combat

16 operations.

17 (B) To determine an optimal, achievable, and

18 ungradable solution for the development, acquisition,

19 and fielding of a system for tracking all United

20 States military forces that is coordinated and inter21 operable and also accommodates the participation of

22 military forces of allied nations with United States

23 forces in combat operations.

24 (d) REPORT.—Not later than 60 days after the conclu25 sion of the experiment under subsection (c), but not later
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1 than December 1, 2004, the Secretary shall submit to the

2 congressional defense committees a report on the results of

3 the experiment, together with a comprehensive plan for the

4 development, acquisition, and fielding of a functional, near

5 real time blue forces tracking system.

6 SEC. 1032. LOAN, DONATION, OR EXCHANGE OF OBSOLETE

7 OR SURPLUS PROPERTY.

8 During fiscal years 2004 and 2005, the Secretary of

9 the military department concerned may exchange for an

10 historical artifact any obsolete or surplus property held by

11 such military department in accordance with section 2572

12 of title 10, United States Code, without regard to whether

13 the property is described in subsection (c) of such section.

14 SEC. 1033. ACCEPTANCE OF GIFTS AND DONATIONS.

15 (a) AUTHORIZED SOURCES OF GIFTS AND DONA16 TIONS.—Subsection (a) of section 2611 of title 10, United

17 States Code, is amended—

18 (1) in paragraph (1), by striking ‘‘foreign gifts

19 and donations’’ and inserting ‘‘gifts and donations

20 from sources described in paragraph (2)’’;

21 (2) by redesignating paragraph (2) as para22 graph (3); and

23 (3) by inserting after paragraph (1) the fol24 lowing new paragraph (2):
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1 ‘‘(2) The sources from which gifts and donations may

2 be accepted under paragraph (1) are as follows:

3 ‘‘(A) A department or agency of the Federal Gov4 ernment.

5 ‘‘(B) The government of a State or of a political

6 subdivision of a State.

7 ‘‘(C) The government of a foreign country.

8 ‘‘(D) A foundation or other charitable organiza9 tion, including a foundation or charitable organiza10 tion that is organized or operates under the laws of

11 a foreign country.

12 ‘‘(E) Any source in the private sector of the

13 United States or a foreign country.’’.

14 (b) CONFORMING AMENDMENTS.—(1) The headings for

15 subsections (a) and (f) of such section are amended by strik16 ing ‘‘FOREIGN’’.

17 (2) Subsection (c) is amended by striking ‘‘foreign’’.

18 (3) Subsection (f) is amended—

19 (A) by striking ‘‘foreign’’; and

20 (B) by striking ‘‘faculty services)’’ and all that

21 follows and inserting ‘‘faculty services).’’.

22 (4)(A) The heading of such section is amended to read

23 as follows:
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1 ‘‘§ 2611. Asia-Pacific Center for Security Studies: ac2 ceptance of gifts and donations’’.

3 (B) The item relating to such section in the table of

4 sections at the beginning of chapter 155 is amended to read

5 as follows:

‘‘2611. Asia-Pacific Center for Security Studies: acceptance of gifts and donations.’’.

6 (c) ACCEPTANCE OF GUARANTEES WITH GIFTS IN DE7 VELOPMENT OF MARINE CORPS HERITAGE CENTER, MA8 RINE CORPS BASE, QUANTICO, VIRGINIA.—(1) The Sec9 retary of the Navy may utilize the authority in section 6975

10 of title 10, United States Code, for purposes of the project

11 to develop the Marine Corps Heritage Center at Marine

12 Corps Base, Quantico, Virginia, authorized by section 2884

13 of the Military Construction Authorization Act for Fiscal

14 Year 2001 (division B of the Floyd D. Spence National De15 fense Authorization Act for Fiscal Year 2001; as enacted

16 into law by Public Law 106–398; 114 Stat. 1654A–440).

17 (2) The authority in paragraph (1) shall expire on De18 cember 31, 2006.

19 (3) The expiration under paragraph (2) of the author20 ity in paragraph (1) shall not effect any qualified guar21 antee accepted pursuant to such authority for purposes of

22 the project referred to in paragraph (1) before the date of

23 the expiration of such authority under paragraph (2).
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1 SEC. 1034. PROVISION OF LIVING QUARTERS FOR CERTAIN

2 STUDENTS WORKING AT NATIONAL SECURITY

3 AGENCY LABORATORY.

4 Section 2195 of title 10, United States Code, is amend5 ed by adding at the end the following new subsection:

6 ‘‘(d)(1) The Director of the National Security Agency

7 may provide living quarters to a student in the Student

8 Educational Employment Program or similar program (as

9 prescribed by the Office of Personnel Management) while

10 the student is employed at the laboratory of the Agency.

11 ‘‘(2) Notwithstanding section 5911(c) of title 5, living

12 quarters may be provided under paragraph (1) without

13 charge, or at rates or charges specified in regulations pre14 scribed by the Director.’’.

15 SEC. 1035. PROTECTION OF OPERATIONAL FILES OF THE

16 NATIONAL SECURITY AGENCY.

17 (a) CONSOLIDATION OF CURRENT PROVISIONS ON

18 PROTECTION OF OPERATIONAL FILES.—The National Se19 curity Act of 1947 (50 U.S.C. 401 et seq.) is amended by

20 transferring sections 105C and 105D to the end of title VII

21 and redesignating such sections, as so transferred, as sec22 tions 703 and 704, respectively.

23 (b) PROTECTION OF OPERATIONAL FILES OF NSA.—

24 Title VII of such Act, as amended by subsection (a), is fur25 ther amended by adding at the end the following new sec26 tion:
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1 ‘‘OPERATIONAL FILES OF THE NATIONAL SECURITY AGENCY

2 ‘‘SEC. 705. (a) EXEMPTION OF CERTAIN OPERATIONAL

3 FILES FROM SEARCH, REVIEW, PUBLICATION, OR DISCLO4 SURE.—(1) Operational files of the National Security Agen5 cy (hereafter in this section referred to as ‘NSA’) may be

6 exempted by the Director of NSA, in coordination with the

7 Director of Central Intelligence, from the provisions of sec8 tion 552 of title 5, United States Code, which require publi9 cation, disclosure, search, or review in connection therewith.

10 ‘‘(2)(A) In this section, the term ‘operational files’

11 means—

12 ‘‘(i) files of the Signals Intelligence Directorate,

13 and its successor organizations, which document the

14 means by which foreign intelligence or counterintel15 ligence is collected through technical systems; and

16 ‘‘(ii) files of the Research Associate Directorate,

17 and its successor organizations, which document the

18 means by which foreign intelligence or counterintel19 ligence is collected through scientific and technical

20 systems.

21 ‘‘(B) Files which are the sole repository of dissemi22 nated intelligence, and files that have been accessioned into

23 NSA Archives, or its successor organizations, are not oper24 ational files.
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1 ‘‘(3) Notwithstanding paragraph (1), exempted oper2 ational files shall continue to be subject to search and review

3 for information concerning—

4 ‘‘(A) United States citizens or aliens lawfully

5 admitted for permanent residence who have requested

6 information on themselves pursuant to the provisions

7 of section 552 or 552a of title 5, United States Code;

8 ‘‘(B) any special activity the existence of which

9 is not exempt from disclosure under the provisions of

10 section 552 of title 5, United States Code; or

11 ‘‘(C) the specific subject matter of an investiga12 tion by any of the following for any impropriety, or

13 violation of law, Executive order, or Presidential di14 rective, in the conduct of an intelligence activity:

15 ‘‘(i) The Committee on Armed Services and

16 the Permanent Select Committee on Intelligence

17 of the House of Representatives.

18 ‘‘(ii) The Committee on Armed Services and

19 the Select Committee on Intelligence of the Sen20 ate.

21 ‘‘(iii) The Intelligence Oversight Board.

22 ‘‘(iv) The Department of Justice.

23 ‘‘(v) The Office of General Counsel of NSA.

24 ‘‘(vi) The Office of the Inspector General of

25 the Department of Defense.
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1 ‘‘(vii) The Office of the Director of NSA.

2 ‘‘(4)(A) Files that are not exempted under paragraph

3 (1) which contain information derived or disseminated

4 from exempted operational files shall be subject to search

5 and review.

6 ‘‘(B) The inclusion of information from exempted oper7 ational files in files that are not exempted under paragraph

8 (1) shall not affect the exemption under paragraph (1) of

9 the originating operational files from search, review, publi10 cation, or disclosure.

11 ‘‘(C) The declassification of some of the information

12 contained in exempted operational files shall not affect the

13 status of the operational file as being exempt from search,

14 review, publication, or disclosure.

15 ‘‘(D) Records from exempted operational files which

16 have been disseminated to and referenced in files that are

17 not exempted under paragraph (1), and which have been

18 returned to exempted operational files for sole retention

19 shall be subject to search and review.

20 ‘‘(5) The provisions of paragraph (1) may not be su21 perseded except by a provision of law which is enacted after

22 the date of the enactment of the National Defense Authoriza23 tion Act for Fiscal Year 2004, and which specifically cites

24 and repeals or modifies such provisions.
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1 ‘‘(6)(A) Except as provided in subparagraph (B),

2 whenever any person who has requested agency records

3 under section 552 of title 5, United States Code, alleges that

4 NSA has withheld records improperly because of failure to

5 comply with any provision of this section, judicial review

6 shall be available under the terms set forth in section

7 552(a)(4)(B) of title 5, United States Code.

8 ‘‘(B) Judicial review shall not be available in the man9 ner provided for under subparagraph (A) as follows:

10 ‘‘(i) In any case in which information specifi11 cally authorized under criteria established by an Ex12 ecutive order to be kept secret in the interests of na13 tional defense or foreign relations is filed with, or

14 produced for, the court by NSA, such information

15 shall be examined ex parte, in camera by the court.

16 ‘‘(ii) The court shall determine, to the fullest ex17 tent practicable, the issues of fact based on sworn

18 written submissions of the parties.

19 ‘‘(iii) When a complainant alleges that requested

20 records are improperly withheld because of improper

21 placement solely in exempted operational files, the

22 complainant shall support such allegation with a

23 sworn written submission based upon personal knowl24 edge or otherwise admissible evidence.
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1 ‘‘(iv)(I) When a complainant alleges that re2 quested records were improperly withheld because of

3 improper exemption of operational files, NSA shall

4 meet its burden under section 552(a)(4)(B) of title 5,

5 United States Code, by demonstrating to the court by

6 sworn written submission that exempted operational

7 files likely to contain responsible records currently

8 perform the functions set forth in paragraph (2).

9 ‘‘(II) The court may not order NSA to review the

10 content of any exempted operational file or files in

11 order to make the demonstration required under sub12 clause (I), unless the complainant disputes NSA’s

13 showing with a sworn written submission based on

14 personal knowledge or otherwise admissible evidence.

15 ‘‘(v) In proceedings under clauses (iii) and (iv),

16 the parties may not obtain discovery pursuant to

17 rules 26 through 36 of the Federal Rules of Civil Pro18 cedure, except that requests for admissions may be

19 made pursuant to rules 26 and 36.

20 ‘‘(vi) If the court finds under this paragraph

21 that NSA has improperly withheld requested records

22 because of failure to comply with any provision of

23 this subsection, the court shall order NSA to search

24 and review the appropriate exempted operational file

25 or files for the requested records and make such
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1 records, or portions thereof, available in accordance

2 with the provisions of section 552 of title 5, United

3 States Code, and such order shall be the exclusive

4 remedy for failure to comply with this subsection.

5 ‘‘(vii) If at any time following the filing of a

6 complaint pursuant to this paragraph NSA agrees to

7 search the appropriate exempted operational file or

8 files for the requested records, the court shall dismiss

9 the claim based upon such complaint.

10 ‘‘(viii) Any information filed with, or produced

11 for the court pursuant to clauses (i) and (iv) shall be

12 coordinated with the Director of Central Intelligence

13 before submission to the court.

14 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER15 ATIONAL FILES.—(1) Not less than once every 10 years, the

16 Director of the National Security Agency and the Director

17 of Central Intelligence shall review the exemptions in force

18 under subsection (a)(1) to determine whether such exemp19 tions may be removed from a category of exempted files or

20 any portion thereof. The Director of Central Intelligence

21 must approve any determination to remove such exemp22 tions.

23 ‘‘(2) The review required by paragraph (1) shall in24 clude consideration of the historical value or other public

25 interest in the subject matter of a particular category of
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1 files or portions thereof and the potential for declassifying

2 a significant part of the information contained therein.

3 ‘‘(3) A complainant that alleges that NSA has improp4 erly withheld records because of failure to comply with this

5 subsection may seek judicial review in the district court of

6 the United States of the district in which any of the parties

7 reside, or in the District of Columbia. In such a proceeding,

8 the court’s review shall be limited to determining the fol9 lowing:

10 ‘‘(A) Whether NSA has conducted the review re11 quired by paragraph (1) before the expiration of the

12 10-year period beginning on the date of the enactment

13 of the National Defense Authorization Act for Fiscal

14 Year 2004 or before the expiration of the 10-year pe15 riod beginning on the date of the most recent review.

16 ‘‘(B) Whether NSA, in fact, considered the cri17 teria set forth in paragraph (2) in conducting the re18 quired review.’’.

19 (c) CONFORMING AMENDMENTS.—(1) Section 701(b) of

20 the National Security Act of 1947 (50 U.S.C. 431(b)) is

21 amended by striking ‘‘For purposes of this title’’ and insert22 ing ‘‘In this section and section 702,’’.

23 (2) Section 702(c) of such Act (50 U.S.C. 432(c)) is

24 amended by striking ‘‘enactment of this title’’ and inserting

25 ‘‘October 15, 1984,’’.
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1 (3)(A) The title heading for title VII of such Act is

2 amended to read as follows:

3 ‘‘TITLE VII—PROTECTION OF OPERATIONAL

4 FILES’’.

5 (B) The section heading for section 701 of such Act

6 is amended to read as follows:

7 ‘‘PROTECTION OF OPERATIONAL FILES OF THE CENTRAL

8 INTELLIGENCE AGENCY’’.

9 (C) The section heading for section 702 of such Act

10 is amended to read as follows:

11 ‘‘DECENNIAL REVIEW OF EXEMPTED CENTRAL

12 INTELLIGENCE AGENCY OPERATIONAL FILES’’.

13 (d) CLERICAL AMENDMENTS.—The table of contents

14 for the National Security Act of 1947 is amended—

15 (1) by striking the items relating to sections

16 105C and 105D; and

17 (2) by striking the items relating to title VII and

18 inserting the following new items:

‘‘TITLE VII—PROTECTION OF OPERATIONAL FILES

‘‘Sec. 701. Protection of operational files of the Central Intelligence Agency.

‘‘Sec. 702. Decennial review of exempted Central Intelligence Agency operational

files.

‘‘Sec. 703. Protection of operational files of the National Imagery and Mapping

Agency.

‘‘Sec. 704. Protection of operational files of the National Reconnaissance Office.

‘‘Sec. 705. Protection of operational files of the National Security Agency.’’.
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1 SEC. 1036. TRANSFER OF ADMINISTRATION OF NATIONAL

2 SECURITY EDUCATION PROGRAM TO DIREC3 TOR OF CENTRAL INTELLIGENCE.

4 (a) IN GENERAL.—Section 802 of the David L. Boren

5 National Security Education Act of 1991 (title VIII of Pub6 lic Law 102–183; 50 U.S.C. 1902) is amended—

7 (1) in subsection (a), by striking ‘‘Secretary of

8 Defense’’ and inserting ‘‘Director of Central Intel9 ligence’’; and

10 (2) by striking ‘‘Secretary’’ each place it appears

11 (other than in subsection (h)) and inserting ‘‘Direc12 tor’’.

13 (b) AWARDS TO ATTEND FOREIGN LANGUAGE CEN14 TER.—Section 802(h) of such Act (50 U.S.C. 1902(h)) is

15 amended by inserting ‘‘of Defense’’ after ‘‘Secretary’’ each

16 place it appears.

17 (c) NATIONAL SECURITY EDUCATION BOARD.—(1)

18 Section 803 of such Act (50 U.S.C. 1903) is amended—

19 (A) in subsection (a), by striking ‘‘Secretary of

20 Defense’’ and inserting ‘‘Director’’;

21 (B) in subsection (b)—

22 (i) in paragraph (1), by striking ‘‘Secretary

23 of Defense’’ and inserting ‘‘Director’’;

24 (ii) by redesignating paragraphs (2)

25 through (7) as paragraphs (3) through (8), re26 spectively; and
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1 (iii) by inserting after paragraph (1), as so

2 amended, the following new paragraph (2):

3 ‘‘(2) The Secretary of Defense.’’;

4 (C) in subsection (c), by striking ‘‘subsection

5 (b)(6)’’ and inserting ‘‘subsection (b)(8)’’; and

6 (D) in subsection (d), by striking ‘‘Secretary’’

7 each place it appears and inserting ‘‘Director’’.

8 (2) Section 806(d) of such Act (50 U.S.C. 1906(d)) is

9 amended by striking ‘‘paragraphs (1) through (7)’’ and in10 serting ‘‘paragraphs (2) through (8)’’.

11 (d) ADMINISTRATIVE PROVISIONS.—Section 805 of

12 such Act (50 U.S.C. 1905) is amended by striking ‘‘Sec13 retary’’ each place it appears and inserting ‘‘Director’’.

14 (e) ANNUAL REPORT.—Section 806 of such Act (50

15 U.S.C. 1906) is amended by striking ‘‘Secretary’’ each place

16 it appears and inserting ‘‘Director’’.

17 (f) AUDITS.—Section 807 of such Act (50 U.S.C. 1907)

18 is amended by striking ‘‘Department of Defense’’ and in19 serting ‘‘Central Intelligence Agency’’.

20 (g) DEFINITION.—Section 808 of such Act (50 U.S.C.

21 1908) is amended—

22 (1) by redesignating paragraphs (1) through (4)

23 as paragraphs (2) through (5), respectively; and

24 (2) by inserting before paragraph (2) the fol25 lowing new paragraph (1):
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1 ‘‘(1) The term ‘Director’ means the Director of

2 Central Intelligence.’’.

3 (h) MATTERS RELATING TO NATIONAL FLAGSHIP LAN4 GUAGE INITIATIVE.—(1) Effective as if included therein as

5 enacted by section 333(a) of the Intelligence Authorization

6 Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat.

7 2396), section 802(i)(1) of the David L. Boren National Se8 curity Education Act of 1991 is amended by striking ‘‘Sec9 retary’’ and inserting ‘‘Director’’.

10 (2) Effective as if included therein as enacted by sec11 tion 333(b) of the Intelligence Authorization Act for Fiscal

12 Year 2003 (116 Stat. 2397), section 811(a) of the David

13 L. Boren National Security Education Act of 1991 is

14 amended by striking ‘‘Secretary’’ each place it appears and

15 inserting ‘‘Director’’.

16 (i) EFFECT OF TRANSFER OF ADMINISTRATION ON

17 SERVICE AGREEMENTS.—(1) The transfer to the Director

18 of Central Intelligence of the administration of the National

19 Security Education Program as a result of the amendments

20 made by this section shall not affect the force, validity, or

21 terms of any service agreement entered into under section

22 802(b) of the David L. Boren National Security Education

23 Act of 1991 (title VIII of Public Law 102–183; 50 U.S.C.

24 1902(b)) before the date of the enactment of this Act that

25 is in force as of that date, except that the Director shall
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1 administer such service agreement in lieu of the Secretary

2 of Defense.

3 (2) Notwithstanding any other provision of law, the

4 Director of Central Intelligence may, for purposes of the im5 plementation of any service agreement referred to in para6 graph (1), adopt regulations for the implementation of such

7 service agreement that were prescribed by the Secretary of

8 Defense under the David L. Boren National Security Edu9 cation Act of 1991 before the date of the enactment of this

10 Act.

11 (j) REPEAL OF SATISFIED REQUIREMENTS.—Section

12 802(g) of the David L. Boren National Security Education

13 Act of 1991 (title VIII of Public Law 102–183; 50 U.S.C.

14 1902(g)) is amended—

15 (1) in paragraph (1)—

16 (A) by striking ‘‘(1)’’; and

17 (B) by striking the second sentence; and

18 (2) by striking paragraph (2).

19 (k) TECHNICAL AMENDMENT.—Paragraph (5)(A) of

20 section 808 of such Act, as redesignated by subsection (g)(1)

21 of this section, is further amended by striking ‘‘a agency’’

22 and inserting ‘‘an agency’’.
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1 SEC. 1037. REPORT ON USE OF UNMANNED AERIAL VEHI2 CLES FOR SUPPORT OF HOMELAND SECURITY

3 MISSIONS.

4 (a) REQUIREMENT FOR REPORT.—Not later than

5 April 1, 2004, the President shall submit to Congress a re6 port on the potential uses of unmanned aerial vehicles for

7 support of the performance of homeland security missions.

8 (b) CONTENT.—The report shall, at a minimum, in9 clude the following matters:

10 (1) An assessment of the potential for using un11 manned aerial vehicles for monitoring activities in

12 remote areas along the northern and southern borders

13 of the United States.

14 (2) An assessment of the potential for using long15 endurance, land-based unmanned aerial vehicles for

16 supporting the Coast Guard in the performance of its

17 homeland security missions, drug interdiction mis18 sions, and other maritime missions along the ap19 proximately 95,000 miles of inland waterways in the

20 United States.

21 (3) An assessment of the potential for using un22 manned aerial vehicles for monitoring the safety and

23 integrity of critical infrastructure within the territory

24 of the United States, including the following:

25 (A) Oil and gas pipelines.

26 (B) Dams.
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1 (C) Hydroelectric power plants.

2 (D) Nuclear power plants.

3 (E) Drinking water utilities.

4 (F) Long-distance power transmission lines.

5 (4) An assessment of the potential for using un6 manned aerial vehicles for monitoring the transpor7 tation of hazardous cargo.

8 (5) A discussion of the safety issues involved

9 in—

10 (A) the use of unmanned aerial vehicles by

11 agencies other than the Department of Defense;

12 and

13 (B) the operation of unmanned aerial vehi14 cles over populated areas of the United States.

15 (6) A discussion of—

16 (A) the effects on privacy and civil liberties

17 that could result from the monitoring uses of un18 manned aerial vehicles operated over the terri19 tory of the United States; and

20 (B) any restrictions on the domestic use of

21 unmanned aerial vehicles that should be im22 posed, or any other actions that should be taken,

23 to prevent any adverse effect of such a use of un24 manned aerial vehicles on privacy or civil lib25 erties.
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1 (7) A discussion of what, if any, legislation and

2 organizational changes may be necessary to accommo3 date the use of unmanned aerial vehicles of the De4 partment of Defense in support of the performance of

5 homeland security missions, including any amend6 ment of section 1385 of title 18, United States Code

7 (popularly referred to as the ‘‘Posse Comitatus Act’’).

8 (8) An evaluation of the capabilities of manufac9 turers of unmanned aerial vehicles to produce such

10 vehicles at higher rates if necessary to meet any in11 creased requirements for homeland security and home12 land defense missions.

13 (c) REFERRAL TO COMMITTEES.—The report under

14 subsection (a) shall be referred—

15 (1) upon receipt in the Senate, to the Committee

16 on Armed Services of the Senate; and

17 (2) upon receipt in the House of Representatives,

18 to the Committee on Armed Services of the House of

19 Representatives.

20 SEC. 1038. CONVEYANCE OF SURPLUS T–37 AIRCRAFT TO

21 AIR FORCE AVIATION HERITAGE FOUNDA22 TION, INCORPORATED.

23 (a) AUTHORITY.—The Secretary of the Air Force may

24 convey, without consideration, to the Air Force Aviation

25 Heritage Foundation, Incorporated, of Georgia (in this sec-
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1 tion referred to as the ‘‘Foundation’’), all right, title, and

2 interest of the United States in and to one surplus T–37

3 ‘‘Tweet’’ aircraft. The conveyance shall be made by means

4 of a conditional deed of gift.

5 (b) CONDITION OF AIRCRAFT.—The Secretary may not

6 convey ownership of the aircraft under subsection (a) until

7 the Secretary determines that the Foundation has altered

8 the aircraft in such manner as the Secretary determines

9 necessary to ensure that the aircraft does not have any ca10 pability for use as a platform for launching or releasing

11 munitions or any other combat capability that it was de12 signed to have. The Secretary is not required to repair or

13 alter the condition of the aircraft before conveying owner14 ship of the aircraft.

15 (c) CONDITIONS FOR CONVEYANCE.—(1) The convey16 ance of a T–37 aircraft under this section shall be subject

17 to the following conditions:

18 (A) That the Foundation not convey any owner19 ship interest in, or transfer possession of, the aircraft

20 to any other party without the prior approval of the

21 Secretary of the Air Force.

22 (B) That the operation and maintenance of the

23 aircraft comply with all applicable limitations and

24 maintenance requirements imposed by the Adminis25 trator of the Federal Aviation Administration.
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1 (C) That if the Secretary of the Air Force deter2 mines at any time that the Foundation has conveyed

3 an ownership interest in, or transferred possession of,

4 the aircraft to any other party without the prior ap5 proval of the Secretary, or has failed to comply with

6 the condition set forth in subparagraph (B), all right,

7 title, and interest in and to the aircraft, including

8 any repair or alteration of the aircraft, shall revert

9 to the United States, and the United States shall have

10 the right of immediate possession of the aircraft.

11 (2) The Secretary shall include the conditions under

12 paragraph (1) in the instrument of conveyance of the T–

13 37 aircraft.

14 (d) CONVEYANCE AT NO COST TO THE UNITED

15 STATES.—Any conveyance of a T–37 aircraft under this

16 section shall be made at no cost to the United States. Any

17 costs associated with such conveyance, costs of determining

18 compliance by the Foundation with the conditions in sub19 section (b), and costs of operation and maintenance of the

20 aircraft conveyed shall be borne by the Foundation.

21 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec22 retary of the Air Force may require such additional terms

23 and conditions in connection with the conveyance under

24 this section as the Secretary considers appropriate to pro25 tect the interests of the United States.
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1 (f) CLARIFICATION OF LIABILITY.—Notwithstanding

2 any other provision of law, upon the conveyance of owner3 ship of a T–37 aircraft to the Foundation under subsection

4 (a), the United States shall not be liable for any death, in5 jury, loss, or damage that results from any use of that air6 craft by any person other than the United States.

7 SEC. 1039. SENSE OF SENATE ON REWARD FOR INFORMA8 TION LEADING TO RESOLUTION OF STATUS

9 OF MEMBERS OF THE ARMED FORCES WHO

10 REMAIN MISSING IN ACTION.

11 (a) FINDINGS.—The Senate makes the following find12 ings:

13 (1) The Department of Defense estimates that

14 there are more than 10,000 members of the Armed

15 Forces and others who as a result of activities during

16 the Korean War or the Vietnam War were placed in

17 a missing status or a prisoner of war status, or who

18 were determined to have been killed in action al19 though the body was not recovered, and who remain

20 unaccounted for.

21 (2) One member of the Armed Forces, Navy Cap22 tain Michael Scott Speicher, remains missing in ac23 tion from the first Persian Gulf War, and there have

24 been credible reports of him being seen alive in Iraq
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1 in the years since his plane was shot down on Janu2 ary 16, 1991.

3 (3) The United States should always pursue

4 every lead and leave no stone unturned to completely

5 account for the fate of its missing members of the

6 Armed Forces.

7 (4) The Secretary of Defense has the authority to

8 disburse funds as a reward to individuals who pro9 vide information leading to the conclusive resolution

10 of cases of missing members of the Armed Forces.

11 (b) SENSE OF SENATE.—It is the sense of the Senate—

12 (1) that the Secretary of Defense should use the

13 authority available to the Secretary to disburse funds

14 rewarding individuals who provide information lead15 ing to the conclusive resolution of the status of any

16 missing member of the Armed Forces; and

17 (2) to encourage the Secretary to authorize and

18 publicize a reward of $1,000,000 for information re19 solving the fate of those members of the Armed Forces,

20 such as Michael Scott Speicher, who the Secretary has

21 reason to believe may yet be alive in captivity.

22 SEC. 1040. ADVANCED SHIPBUILDING ENTERPRISE.

23 (a) FINDINGS.—Congress makes the following findings:

24 (1) The President’s budget for fiscal year 2004,

25 as submitted to Congress, includes $10,300,000 for the
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1 Advanced Shipbuilding Enterprise of the National

2 Shipbuilding Research Program.

3 (2) The Advanced Shipbuilding Enterprise is an

4 innovative program to encourage greater efficiency

5 among shipyards in the defense industrial base.

6 (3) The leaders of the Nation’s shipbuilding in7 dustry have embraced the Advanced Shipbuilding En8 terprise as a method of exploring and collaborating

9 on innovation in shipbuilding and ship repair that

10 collectively benefits all manufacturers in the industry.

11 (b) SENSE OF THE SENATE.—It is the sense of the Sen12 ate that—

13 (1) the Senate strongly supports the innovative

14 Advanced Shipbuilding Enterprise of the National

15 Shipbuilding Research Program that has yielded new

16 processes and techniques to reduce the cost of building

17 and repairing ships in the United States;

18 (2) the Senate is concerned that the future-years

19 defense program submitted to Congress for fiscal year

20 2004 does not reflect any funding for the Advanced

21 Shipbuilding Enterprise after fiscal year 2004; and

22 (3) the Secretary of Defense and the Secretary of

23 the Navy should continue funding the Advanced Ship24 building Enterprise at a sustaining level through the

25 future-years defense program to support subsequent
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1 rounds of research that reduce the cost of designing,

2 building, and repairing ships.

3 SEC. 1041. AIR FARES FOR MEMBERS OF ARMED FORCES.

4 It is the sense of the Senate that each United States

5 air carrier should—

6 (1) make every effort to allow active duty mem7 bers of the armed forces to purchase tickets, on a

8 space-available basis, for the lowest fares offered for

9 the flights desired, without regard to advance pur10 chase requirements and other restrictions; and

11 (2) offer flexible terms that allow members of the

12 armed forces on active duty to purchase, modify, or

13 cancel tickets without time restrictions, fees, or pen14 alties.

15 SEC. 1042. SENSE OF SENATE ON DEPLOYMENT OF AIR16 BORNE CHEMICAL AGENT MONITORING SYS17 TEMS AT CHEMICAL STOCKPILE DISPOSAL

18 SITES IN THE UNITED STATES.

19 (a) FINDINGS.—The Senate makes the following find20 ings:

21 (1) Millions of assembled chemical weapons are

22 stockpiled at chemical agent disposal facilities and

23 depot sites across the United States.
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1 (2) Some of these weapons are filled with nerve

2 agents, such as GB and VX and blister agents such

3 as HD (mustard agent).

4 (3) Hundreds of thousands of United States citi5 zens live in the vicinity of these chemical weapons

6 stockpile sites and depots.

7 (4) The airborne chemical agent monitoring sys8 tems at these sites are inefficient or outdated com9 pared to newer and advanced technologies on the

10 market.

11 (b) SENSE OF SENATE.—It is the sense of the Senate

12 that the Secretary of the Army should develop and deploy

13 a program to upgrade the airborne chemical agent moni14 toring systems at all chemical stockpile disposal sites across

15 the United States in order to achieve the broadest possible

16 protection of the general public, personnel involved in the

17 chemical demilitarization program, and the environment.

18 SEC. 1043. FEDERAL ASSISTANCE FOR STATE PROGRAMS

19 UNDER THE NATIONAL GUARD CHALLENGE

20 PROGRAM.

21 (a) MAXIMUM FEDERAL SHARE.—Section 509(d) of

22 title 32, United States Code, is amended—

23 (1) by striking paragraphs (1), (2), and (3);

24 (2) by redesignating paragraph (4) as para25 graph (1);
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1 (3) in paragraph (1), as so redesignated, by

2 striking the period at the end and inserting ‘‘; and’’;

3 and

4 (4) by adding at the end the following new para5 graph (2);

6 ‘‘(2) for fiscal year 2004 (notwithstanding para7 graph (1)), 65 percent of the costs of operating the

8 State program during that year.’’.

9 (b) STUDY.—(1) The Secretary of Defense shall carry

10 out a study to evaluate (A) the adequacy of the requirement

11 under section 509(d) of title 32, United States Code, for

12 the United States to fund 60 percent of the costs of oper13 ating a State program of the National Guard Challenge

14 Program and the State to fund 40 percent of such costs,

15 and (B) the value of the Challenge program to the Depart16 ment of Defense.

17 (2) In carrying out the study under paragraph (1),

18 the Secretary should identify potential alternatives to the

19 matching funds structure provided for the National Guard

20 Challenge Program under section 509(d) of title 32, United

21 States Code, such as a range of Federal-State matching ra22 tios, that would provide flexibility in the management of

23 the program to better respond to temporary fiscal condi24 tions.
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1 (3) The Secretary shall include the results of the study,

2 including findings, conclusions, and recommendations, in

3 the next annual report to Congress under section 509(k) of

4 title 32, United States Code, that is submitted to Congress

5 after the date of the enactment of this Act.

6 (c) AMOUNT FOR FEDERAL ASSISTANCE.—(1) The

7 amount authorized to be appropriated under section

8 301(10) is hereby increased by $3,000,000.

9 (2) Of the total amount authorized to be appropriated

10 under section 301(10), $68,216,000 shall be available for

11 the National Guard Challenge Program under section 509

12 of title 32, United States Code.

13 (3) The total amount authorized to be appropriated

14 under section 301(4) is hereby reduced by $3,000,000.

15 SEC. 1044. SENSE OF SENATE ON RECONSIDERATION OF

16 DECISION TO TERMINATE BORDER SEAPORT

17 INSPECTION DUTIES OF NATIONAL GUARD

18 UNDER NATIONAL GUARD DRUG INTERDIC19 TION AND COUNTER-DRUG MISSION.

20 (a) FINDINGS.—The Senate makes the following find21 ings:

22 (1) The counter-drug inspection mission of the

23 National Guard is highly important to preventing the

24 infiltration of illegal narcotics across United States

25 borders.
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1 (2) The expertise of members of the National

2 Guard in vehicle inspections at United States borders

3 have made invaluable contributions to the identifica4 tion and seizure of illegal narcotics being smuggled

5 across United States borders.

6 (3) The support provided by the National Guard

7 to the Customs Service and the Border Patrol has

8 greatly enhanced the capability of the Customs Serv9 ice and the Border Patrol to perform counter-ter10 rorism surveillance and other border protection du11 ties.

12 (b) SENSE OF SENATE.—It is the sense of the Senate

13 that the Secretary of Defense should reconsider the decision

14 of the Department of Defense to terminate the border inspec15 tion and seaport inspection duties of the National Guard

16 as part of the drug interdiction and counter-drug mission

17 of the National Guard.

18 TITLE XI—DEPARTMENT OF DE19 FENSE CIVILIAN PERSONNEL

20 POLICY

21 SEC. 1101. AUTHORITY TO EMPLOY CIVILIAN FACULTY

22 MEMBERS AT THE WESTERN HEMISPHERE IN23 STITUTE FOR SECURITY COOPERATION.

24 Section 1595(c) of title 10, United States Code, is

25 amended by adding at the end the following new paragraph:
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1 ‘‘(6) The Western Hemisphere Institute for Secu2 rity Cooperation.’’.

3 SEC. 1102. PAY AUTHORITY FOR CRITICAL POSITIONS.

4 (a) AUTHORITY.—Chapter 81 of title 10, United States

5 Code, is amended by adding at the end the following new

6 section:

7 ‘‘§ 1599e. Pay authority for critical positions

8 ‘‘(a) AUTHORITY GENERALLY.—(1) When the Sec9 retary of Defense seeks a grant of authority under section

10 5377 of title 5 for critical pay for one or more positions

11 within the Department of Defense, the Director of the Office

12 of Management and Budget may fix the rate of basic pay,

13 notwithstanding sections 5377(d)(2) and 5307 of such title,

14 at any rate up to the salary set in accordance with section

15 104 of title 3.

16 ‘‘(2) Notwithstanding section 5307 of title 5, no allow17 ance, differential, bonus, award, or similar cash payment

18 may be paid to any employee receiving critical pay at a

19 rate fixed under paragraph (1), in any calendar year if,

20 or to the extent that, the employee’s total annual compensa21 tion will exceed the maximum amount of total annual com22 pensation payable at the salary set in accordance with sec23 tion 104 of title 3.

24 ‘‘(b) TEMPORARY STREAMLINED CRITICAL PAY AU25 THORITY.—(1) The Secretary of Defense may establish, fix
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1 the compensation of, and appoint persons to positions des2 ignated as critical administrative, technical, or professional

3 positions needed to carry out the functions of the Depart4 ment of Defense, subject to paragraph (2).

5 ‘‘(2) The authority under paragraph (1) may be exer6 cised with respect to a position only if—

7 ‘‘(A) the position—

8 ‘‘(i) requires expertise of an extremely high

9 level in an administrative, technical, or profes10 sional field; and

11 ‘‘(ii) is critical to the successful accomplish12 ment of an important mission by the Depart13 ment of Defense;

14 ‘‘(B) the exercise of the authority is necessary to

15 recruit or retain a person exceptionally well qualified

16 for the position;

17 ‘‘(C) the number of all positions covered by the

18 exercise of the authority does not exceed 40 at any one

19 time;

20 ‘‘(D) in the case of a position designated as a

21 critical administrative, technical, or professional po22 sition by an official other than the Secretary of De23 fense, the designation is approved by the Secretary;

24 ‘‘(E) the term of appointment to the position is

25 limited to not more than four years;
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1 ‘‘(F) the appointee to the position was not a De2 partment of Defense employee before the date of the

3 enactment of the National Defense Authorization Act

4 for Fiscal Year 2004;

5 ‘‘(G) the total annual compensation for the ap6 pointee to the position does not exceed the highest

7 total annual compensation payable at the rate deter8 mined under section 104 of title 3; and

9 ‘‘(H) the position is excluded from collective bar10 gaining units.

11 ‘‘(3) The authority under this subsection may be exer12 cised without regard to—

13 ‘‘(A) subsection (a);

14 ‘‘(B) the provisions of title 5 governing appoint15 ments in the competitive service or the Senior Execu16 tive Service; and

17 ‘‘(C) chapters 51 and 53 of title 5, relating to

18 classification and pay rates.

19 ‘‘(4) The authority under this subsection may not be

20 exercised after the date that is 10 years after the date of

21 the enactment of the National Defense Authorization Act for

22 Fiscal Year 2004.

23 ‘‘(5) For so long as a person continues to serve without

24 a break in service in a position to which appointed under

25 this subsection, the expiration of authority under this sub-
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1 section does not terminate the position, terminate the per2 son’s appointment in the position before the end of the term

3 for which appointed under this subsection, or affect the com4 pensation fixed for the person’s service in the position under

5 this subsection during such term of appointment.

6 ‘‘(6) Subchapter II of chapter 75 of title 5 does not

7 apply to an employee during a term of service in a critical

8 administrative, technical, or professional position to which

9 the employee is appointed under this subsection.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of such chapter is amended by adding at the

12 end the following new item:

‘‘1599e. Pay authority for critical positions.’’.

13 SEC. 1103. EXTENSION, EXPANSION, AND REVISION OF AU14 THORITY FOR EXPERIMENTAL PERSONNEL

15 PROGRAM FOR SCIENTIFIC AND TECHNICAL

16 PERSONNEL.

17 (a) EXTENSION OF PROGRAM.—Subsection (e)(1) of

18 section 1101 of the Strom Thurmond National Defense Au19 thorization Act for Fiscal Year 1999 (Public Law 105–261;

20 112 Stat. 2139; 5 U.S.C. 3104 note) is amended by striking

21 ‘‘October 16, 2005’’ and inserting ‘‘September 30, 2008’’.

22 (b) INCREASED LIMITATION ON NUMBER OF APPOINT23 MENTS.—Subsection (b)(1)(A) of such section is amended

24 by striking ‘‘40’’ and inserting ‘‘50’’.
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1 (c) COMMENSURATE EXTENSION OF REQUIREMENT

2 FOR ANNUAL REPORT.—Subsection (g) of such section is

3 amended by striking ‘‘2006’’ and inserting ‘‘2009’’.

4 SEC. 1104. TRANSFER OF PERSONNEL INVESTIGATIVE

5 FUNCTIONS AND RELATED PERSONNEL OF

6 THE DEPARTMENT OF DEFENSE.

7 (a) TRANSFER OF FUNCTIONS.—(1) With the consent

8 of the Director of the Office of Personnel Management, the

9 Secretary of Defense may transfer to the Office of Personnel

10 Management the personnel security investigations functions

11 that, as of the date of the enactment of this Act, are per12 formed by the Defense Security Service of the Department

13 of Defense.

14 (2) The Director of the Office of Personnel Manage15 ment may accept a transfer of functions under paragraph

16 (1).

17 (3) Any transfer of a function under this subsection

18 is a transfer of function within the meaning of section 3503

19 of title 5, United States Code.

20 (b) TRANSFER OF PERSONNEL.—(1) If the Director of

21 the Office of Personnel Management accepts a transfer of

22 functions under subsection (a), the Secretary of Defense

23 shall also transfer to the Office of Personnel Management,

24 and the Director shall accept—
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1 (A) the Defense Security Service employees who

2 perform those functions immediately before the trans3 fer of functions; and

4 (B) the Defense Security Service employees who,

5 as of such time, are first level supervisors of employ6 ees transferred under subparagraph (A).

7 (2) The Secretary may also transfer to the Office of

8 Personnel Management any Defense Security Service em9 ployees (including higher level supervisors) who provide

10 support services for the performance of the functions trans11 ferred under subsection (a) or for the personnel (including

12 supervisors) transferred under paragraph (1) if the

13 Director—

14 (A) determines that the transfer of such addi15 tional employees and the positions of such employees

16 to the Office of Personnel Management is necessary in

17 the interest of effective performance of the transferred

18 functions; and

19 (B) accepts the transfer of the additional em20 ployees.

21 (3) In the case of an employee transferred to the Office

22 of Personnel Management under paragraph (1) or (2),

23 whether a full-time or part-time employee—
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1 (A) subsections (b) and (c) of section 5362 of

2 title 5, United States Code, relating to grade reten3 tion, shall apply to the employee, except that—

4 (i) the grade retention period shall be the

5 one-year period beginning on the date of the

6 transfer; and

7 (ii) paragraphs (1), (2), and (3) of such

8 subsection (c) shall not apply to the employee;

9 and

10 (B) the employee may not be separated, other

11 than pursuant to chapter 75 of title 5, United States

12 Code, during such one-year period.

13 (c) ACTIONS AFTER TRANSFER.—(1) Not later than

14 one year after a transfer of functions to the Office of Per15 sonnel Management under subsection (a), the Secretary of

16 Defense shall review all functions performed by personnel

17 of the Defense Security Service at the time of the transfer

18 and make a written determination regarding whether each

19 such function is inherently governmental or is otherwise in20 appropriate for performance by contractor personnel.

21 (2) A function performed by Defense Security Service

22 employees as of the date of the enactment of this Act may

23 not be converted to contractor performance by the Director

24 of the Office of Personnel Management until—
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1 (A) the Secretary of Defense reviews the function

2 in accordance with the requirements of paragraph (1)

3 and makes a written determination that the function

4 is not inherently governmental and is not otherwise

5 inappropriate for contractor performance; and

6 (B) the Director conducts a public-private com7 petition regarding the performance of that function in

8 accordance with the requirements of the Office of

9 Management and Budget Circular A–76.

10 TITLE XII—MATTERS RELATING

11 TO OTHER NATIONS

12 SEC. 1201. AUTHORITY TO USE FUNDS FOR PAYMENT OF

13 COSTS OF ATTENDANCE OF FOREIGN VISI14 TORS UNDER REGIONAL DEFENSE COUNTER15 TERRORISM FELLOWSHIP PROGRAM.

16 (a) AUTHORITY TO USE FUNDS.—(1) Subchapter I of

17 chapter 134 of title 10, United States Code, is amended by

18 adding at the end the following new section:

19 ‘‘§ 2249c. Authority to use appropriated funds for

20 costs of attendance of foreign visitors

21 under Regional Defense Counterterrorism

22 Fellowship Program

23 ‘‘(a) AUTHORITY TO USE FUNDS.—Under regulations

24 prescribed by the Secretary of Defense, funds appropriated

25 to the Department of Defense may be used to pay any costs
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1 associated with the attendance of foreign military officers,

2 ministry of defense officials, or security officials at United

3 States military educational institutions, regional centers,

4 conferences, seminars, or other training programs con5 ducted under the Regional Defense Counterterrorism Fel6 lowship Program, including costs of transportation and

7 travel and subsistence costs.

8 ‘‘(b) LIMITATION.—The total amount of funds used

9 under the authority in subsection (a) in any fiscal year

10 may not exceed $20,000,000.

11 ‘‘(c) ANNUAL REPORT.—Not later than December 1 of

12 each year, the Secretary of Defense shall submit to Congress

13 a report on the administration of this section during the

14 fiscal year ended in such year. The report shall include the

15 following matters:

16 ‘‘(1) A complete accounting of the expenditure of

17 appropriated funds for purposes authorized under

18 subsection (a), including—

19 ‘‘(A) the countries of the foreign officers and

20 officials for whom costs were paid; and

21 ‘‘(B) for each such country, the total

22 amount of the costs paid.

23 ‘‘(2) The training courses attended by the foreign

24 officers and officials, including a specification of
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1 which, if any, courses were conducted in foreign coun2 tries.

3 ‘‘(3) An assessment of the effectiveness of the Re4 gional Defense Counterterrorism Fellowship Program

5 in increasing the cooperation of the governments of

6 foreign countries with the United States in the global

7 war on terrorism.

8 ‘‘(4) A discussion of any actions being taken to

9 improve the program.’’.

10 (2) The table of sections at the beginning of such sub11 chapter is amended by adding at the end the following new

12 item:

‘‘2249c. Authority to use appropriated funds for costs of attendance of foreign

visitors under Regional Defense Counterterrorism Fellowship

Program.’’.

13 (b) NOTIFICATION OF CONGRESS.—Not later than De14 cember 1, 2003, the Secretary of Defense shall—

15 (1) promulgate the final regulations for carrying

16 out section 2249c of title 10, United States Code, as

17 added by subsection (a); and

18 (2) notify the congressional defense committees of

19 the promulgation of such regulations.
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1 SEC. 1202. AVAILABILITY OF FUNDS TO RECOGNIZE SUPE2 RIOR NONCOMBAT ACHIEVEMENTS OR PER3 FORMANCE OF MEMBERS OF FRIENDLY FOR4 EIGN FORCES AND OTHER FOREIGN NATION5 ALS.

6 (a) IN GENERAL.—Chapter 53 of title 10, United

7 States Code, is amended by inserting the following new sec8 tion:

9 ‘‘§ 1051a. Bilateral or regional cooperation programs:

10 availability of funds to recognize superior

11 noncombat achievements or performance

12 ‘‘(a) IN GENERAL.—The Secretary of Defense may ex13 pend amounts available to the Department of Defense or

14 the military departments for operation and maintenance

15 for the purpose of recognizing superior noncombat achieve16 ments or performance of members of friendly foreign forces,

17 or other foreign nationals, that significantly enhance or

18 support the national security strategy of the United States.

19 ‘‘(b) COVERED ACHIEVEMENTS OR PERFORMANCE.—

20 The achievements or performance that may be recognized

21 under subsection (a) include achievements or performance

22 that—

23 ‘‘(1) play a crucial role in shaping the inter24 national security environment in a manner that pro25 tects and promotes the interests of the United States;
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1 ‘‘(2) support or enhance the United States pres2 ence overseas or support or enhance United States

3 peacetime engagement activities such as defense co4 operation initiatives, security assistance training and

5 programs, or training and exercises with the armed

6 forces of the United States;

7 ‘‘(3) help deter aggression and coercion, build

8 coalitions, or promote regional stability; or

9 ‘‘(4) serve as models for appropriate conduct for

10 military forces in emerging democracies.

11 ‘‘(c) LIMITATION ON VALUE OF MEMENTOS.—The

12 value of any memento procured or produced under sub13 section (a) may not exceed the minimal value in effect

14 under section 7342(a)(5) of title 5.’’.

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

16 the beginning of such chapter is amended by inserting after

17 the item relating to section 1051 the following new item:

‘‘1051a. Bilateral or regional cooperation programs: availability of funds to recognize superior noncombat achievements or performance.’’.

18 SEC. 1203. CHECK CASHING AND EXCHANGE TRANS19 ACTIONS FOR FOREIGN PERSONNEL IN ALLI20 ANCE OR COALITION FORCES.

21 Section 3342(b) of title 31, United States Code, is

22 amended—

23 (1) by striking ‘‘or’’ at the end of paragraph (6);
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1 (2) by striking the period at the end of para2 graph (7) and inserting ‘‘; or’’; and

3 (3) by adding at the end the following new para4 graph:

5 ‘‘(8) a member of the armed forces of a foreign

6 nation who is participating in a combined operation,

7 combined exercise, or combined humanitarian or

8 peacekeeping mission that is carried out with armed

9 forces of the United States pursuant to an alliance or

10 coalition of the foreign nation with the United States

11 if—

12 ‘‘(A) the senior commander of the armed

13 forces of the United States participating in the

14 operation, exercise, or mission has authorized the

15 action under paragraph (1) or (2) of subsection

16 (a);

17 ‘‘(B) the government of the foreign nation

18 has guaranteed payment for any deficiency re19 sulting from such action; and

20 ‘‘(C) in the case of an action on a nego21 tiable instrument, the negotiable instrument is

22 drawn on a financial institution located in the

23 United States or on a foreign branch of such an

24 institution.’’.
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1 SEC. 1204. CLARIFICATION AND EXTENSION OF AUTHOR2 ITY TO PROVIDE ASSISTANCE FOR INTER3 NATIONAL NONPROLIFERATION ACTIVITIES.

4 (a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS5 CAL YEAR 2004.—The total amount of the assistance for

6 fiscal year 2004 that is provided by the Secretary of Defense

7 under section 1505 of the Weapons of Mass Destruction

8 Control Act of 1992 (22 U.S.C. 5859a), including funds

9 used for activities of the Department of Defense in support

10 of the United Nations Monitoring, Verification and Inspec11 tion Commission, shall not exceed $15,000,000.

12 (b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST13 ANCE.—Subsection (f) of section 1505 of the Weapons of

14 Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)

15 is amended by striking ‘‘fiscal year 2003’’ and inserting

16 ‘‘fiscal year 2004’’.

17 (c) REFERENCES TO UNITED NATIONS SPECIAL COM18 MISSION ON IRAQ.—Section 1505 of the Weapons of Mass

19 Destruction Control Act of 1992 (22 U.S.C. 5859a) is fur20 ther amended—

21 (1) in subsection (b)(2), by striking ‘‘United Na22 tions Special Commission on Iraq (or any successor

23 organization)’’ and inserting ‘‘United Nations Moni24 toring, Verification and Inspection Commission’’; and

25 (2) in subsection (d)(4)(A), by striking ‘‘United

26 Nations Special Commission on Iraq (or any suc-
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1 cessor organization)’’ and inserting ‘‘United Nations

2 Monitoring, Verification and Inspection Commis3 sion’’.

4 SEC. 1205. REIMBURSABLE COSTS RELATING TO NATIONAL

5 SECURITY CONTROLS ON SATELLITE EXPORT

6 LICENSING.

7 (a) DIRECT COSTS OF MONITORING FOREIGN

8 LAUNCHES OF SATELLITES.—Section 1514(a)(1)(A) of the

9 Strom Thurmond National Defense Authorization Act for

10 Fiscal Year 1999 (Public Law 105–261; 22 U.S.C. 2778

11 note) is amended by striking ‘‘The costs of such monitoring

12 services’’ in the second sentence and inserting the following:

13 ‘‘The Department of Defense costs that are directly related

14 to monitoring the launch, including transportation and per

15 diem costs,’’.

16 (b) GAO STUDY.—(1) The Comptroller General shall

17 conduct a study of the Department of Defense costs of moni18 toring launches of satellites in a foreign country under sec19 tion 1514 of Public Law 105–261.

20 (2) Not later than April 1, 2004, the Comptroller Gen21 eral shall submit a report on the study to the Committees

22 on Armed Services of the Senate and the House of Rep23 resentatives. The report shall include the following:
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1 (A) An assessment of the Department of Defense

2 costs of monitoring the satellite launches described in

3 paragraph (1).

4 (B) A review of the costs reimbursed to the De5 partment of Defense by each person or entity receiv6 ing the satellite launch monitoring services, including

7 the extent to which indirect costs have been included.

8 SEC. 1206. ANNUAL REPORT ON THE NATO PRAGUE CAPA9 BILITIES COMMITMENT AND THE NATO RE10 SPONSE FORCE.

11 (a) FINDINGS.—Congress makes the following findings:

12 (1) At the meeting of the North Atlantic Council

13 held in Prague in November 2002, the heads of states

14 and governments of the North Atlantic Treaty Orga15 nization (NATO) launched a Prague Capabilities

16 Commitment and decided to create a NATO Response

17 Force.

18 (2) The Prague Capabilities Commitment is part

19 of the continuing NATO effort to improve and develop

20 new military capabilities for modern warfare in a

21 high-threat environment. As part of this commitment,

22 individual NATO allies have made firm and specific

23 political commitments to improve their capabilities

24 in the areas of—
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1 (A) chemical, biological, radiological, and

2 nuclear defense;

3 (B) intelligence, surveillance, and target ac4 quisition;

5 (C) air-to-ground surveillance;

6 (D) command, control, and communica7 tions;

8 (E) combat effectiveness, including precision

9 guided munitions and suppression of enemy air

10 defenses;

11 (F) strategic air and sea lift;

12 (G) air-to-air refueling; and

13 (H) deployable combat support and combat

14 service support units.

15 (3) The NATO Response Force is envisioned to

16 be a technologically advanced, flexible, deployable,

17 interoperable, and sustainable force that includes

18 land, sea, and air elements ready to move quickly to

19 wherever needed, as determined by the North Atlantic

20 Council. The NATO Response Force is also intended

21 to be a catalyst for focusing and promoting improve22 ments in NATO’s military capabilities. It is expected

23 to have initial operational capability by October

24 2004, and full operational capability by October

25 2006.
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1 (b) ANNUAL REPORT.—(1) Not later than January 31

2 of each year, the Secretary of Defense shall submit to the

3 Committees on Armed Services and Foreign Relations of

4 the Senate and the Committees on Armed Services and

5 International Relations of the House of Representatives a

6 report, to be prepared in consultation with the Secretary

7 of State, on implementation of the Prague Capabilities

8 Commitment and development of the NATO Response Force

9 by the member nations of NATO. The report shall include

10 the following matters:

11 (A) A description of the actions taken by NATO

12 as a whole and by each member nation of NATO

13 other than the United States to further the Prague

14 Capabilities Commitment, including any actions

15 taken to improve capability shortfalls in the areas

16 identified for improvement.

17 (B) A description of the actions taken by NATO

18 as a whole and by each member nation of NATO, in19 cluding the United States, to create the NATO Re20 sponse Force.

21 (C) A discussion of the relationship between

22 NATO’s efforts to improve capabilities through the

23 Prague Capabilities Commitment and those of the

24 European Union to enhance European capabilities

25 through the European Capabilities Action Plan, in-
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1 cluding the extent to which they are mutually rein2 forcing.

3 (D) A discussion of NATO decisionmaking on

4 the implementation of the Prague Capabilities Com5 mitment and the development of the NATO Response

6 Force, including—

7 (i) an assessment of whether the Prague Ca8 pabilities Commitment and the NATO Response

9 Force are the sole jurisdiction of the Defense

10 Planning Committee, the North Atlantic Council,

11 or the Military Committee;

12 (ii) a description of the circumstances

13 which led to the defense, military, security, and

14 nuclear decisions of NATO on matters such as

15 the Prague Capabilities Commitment and the

16 NATO Response Force being made in bodies

17 other than the Defense Planning Committee;

18 (iii) a description of the extent to which

19 any member that does not participate in the in20 tegrated military structure of NATO contributes

21 to each of the component committees of NATO,

22 including any and all committees relevant to the

23 Prague Capabilities Commitment and the NATO

24 Response Force;
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1 (iv) a description of the extent to which any

2 member that does not participate in the inte3 grated military structure of NATO participates

4 in deliberations and decisions of NATO on re5 source policy, contribution ceilings, infrastruc6 ture, force structure, modernization, threat as7 sessments, training, exercises, deployments, and

8 other issues related to the Prague Capabilities

9 Commitment or the NATO Response Force;

10 (v) a description and assessment of the im11 pediments, if any, that would preclude or limit

12 NATO from conducting deliberations and mak13 ing decisions on matters such as the Prague Ca14 pabilities Commitment or the NATO Response

15 Force solely in the Defense Planning Committee;

16 (vi) the recommendations of the Secretary of

17 Defense on streamlining defense, military, and

18 security decisionmaking within NATO relating

19 to the Prague Capabilities Commitment, and

20 NATO Response Force, and other matters, in21 cluding an assessment of the feasibility and ad22 visability of the greater utilization of the Defense

23 Planning Committee for such purposes; and

24 (vii) if a report under this subparagraph is

25 a report other than the first report under this
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1 subparagraph, the information submitted in such

2 report under any of clauses (i) through (vi) may

3 consist solely of an update of any information

4 previously submitted under the applicable clause

5 in a preceding report under this subparagraph.

6 (2) The report shall be submitted in unclassified form,

7 but may also be submitted in classified form if necessary.

8 SEC. 1207. EXPANSION AND EXTENSION OF AUTHORITY TO

9 PROVIDE ADDITIONAL SUPPORT FOR

10 COUNTER-DRUG ACTIVITIES.

11 (a) GENERAL EXTENSION OF AUTHORITY.—Section

12 1033 of the National Defense Authorization Act for Fiscal

13 Year 1998 (Public Law 105–85; 111 Stat. 1881), as amend14 ed by section 1021 of the Floyd D. Spence National Defense

15 Authorization Act for Fiscal Year 2001 (as enacted into law

16 by Public Law 106–398; 114 Stat. 1654A–255), is further

17 amended—

18 (1) in subsection (a)—

19 (A) by inserting after ‘‘subsection (f),’’ the

20 following: ‘‘during fiscal years 1998 through

21 2006 in the case of the foreign governments

22 named in paragraphs (1) and (2) of subsection

23 (b), and fiscal years 2004 through 2006 in the

24 case of the foreign governments named in para25 graphs (3) through (9) of subsection (b),’’; and
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1 (B) by striking ‘‘either or both’’ and insert2 ing ‘‘any’’; and

3 (2) in subsection (b)—

4 (A) in paragraph (1), by striking ‘‘, for fis5 cal years 1998 through 2002’’; and

6 (B) in paragraph (2), by striking ‘‘, for fis7 cal years 1998 through 2006’’.

8 (b) ADDITIONAL GOVERNMENTS ELIGIBLE TO RE9 CEIVE SUPPORT.—Subsection (b) of such section 1033 is

10 further amended by adding at the end the following new

11 paragraphs:

12 ‘‘(3) The Government of Afghanistan.

13 ‘‘(4) The Government of Bolivia.

14 ‘‘(5) The Government of Ecuador.

15 ‘‘(6) The Government of Pakistan.

16 ‘‘(7) The Government of Tajikistan.

17 ‘‘(8) The Government of Turkmenistan.

18 ‘‘(9) The Government of Uzbekistan.’’.

19 (c) TYPES OF SUPPORT.—Subsection (c) of such sec20 tion 1033 is amended—

21 (1) in paragraph (2), by striking ‘‘riverine’’; and

22 (2) in paragraph (3), by inserting ‘‘or upgrade’’

23 after ‘‘maintenance and repair’’.

24 (d) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub25 section (e)(2) of such section 1033, as amended by such sec-
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1 tion 1021, is further amended by striking ‘‘$20,000,000

2 during any of the fiscal years 1999 through 2006’’ and in3 serting ‘‘$20,000,000 during any of fiscal years 1999

4 through 2003, or $40,000,000 during any of fiscal years

5 2004 through 2006’’.

6 (e) COUNTER-DRUG PLAN.—(1) Subsection (h) of such

7 section 1033 is amended—

8 (A) in the subsection caption, by striking

9 ‘‘RIVERINE’’;

10 (B) in the matter preceding paragraph (1)—

11 (i) by inserting ‘‘in the case of the govern12 ments named in paragraphs (1) and (2) of sub13 section (b) and for fiscal year 2004 in the case

14 of the governments named in paragraphs (3)

15 through (9) of subsection (b)’’; and

16 (ii) by striking ‘‘riverine’’; and

17 (C) by striking ‘‘riverine’’ each place it appears

18 in paragraphs (2), (7), (8), and (9).

19 (2) Subsection (f)(2)(A) of such section 1033 is amend20 ed by striking ‘‘riverine’’.

21 (f) CLERICAL AMENDMENT.—The heading for such sec22 tion 1033 is amended by striking ‘‘PERU AND COLOM23 BIA’’ and inserting ‘‘OTHER COUNTRIES’’.
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1 SEC. 1208. USE OF FUNDS FOR UNIFIED COUNTERDRUG

2 AND COUNTERTERRORISM CAMPAIGN IN CO3 LOMBIA.

4 (a) AUTHORITY.—(1) In fiscal years 2004 and 2005,

5 the Secretary of Defense may use funds available for assist6 ance to the Government of Colombia to support a unified

7 campaign against narcotics trafficking and against activi8 ties by organizations designated as terrorist organizations

9 such as the Revolutionary Armed Forces of Colombia

10 (FARC), the National Liberation Army (ELN), and the

11 United Self-Defense Forces of Colombia (AUC).

12 (2) The authority to provide assistance for a campaign

13 under this subsection includes authority to take actions to

14 protect human health and welfare in emergency cir15 cumstances, including the undertaking of rescue operations.

16 (b) APPLICABILITY OF CERTAIN LAWS AND LIMITA17 TIONS.—The use of funds pursuant to the authority in sub18 section (a) shall be subject to the following:

19 (1) Sections 556, 567, and 568 of the Foreign

20 Operations, Export Financing, and Related Programs

21 Appropriations Act, 2002 (Public Law 107–115; 115

22 Stat. 2160, 2165, and 2166).

23 (2) Section 8093 of the Department of Defense

24 Appropriations Act, 2002 (division A of Public Law

25 107–117; 115 Stat. 2267).
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1 (3) The numerical limitations on the number of

2 United States military personnel and United States

3 individual civilian contractors in section 3204(b)(1)

4 of the Emergency Supplemental Act, 2000 (division B

5 of Public Law 106–246; 114 Stat. 575).

6 (c) LIMITATION ON PARTICIPATION OF UNITED

7 STATES PERSONNEL.—No United States Armed Forces per8 sonnel or United States civilian contractor personnel em9 ployed by the United States may participate in any combat

10 operation in connection with assistance using funds pursu11 ant to the authority in subsection (a), except for the purpose

12 of acting in self defense or of rescuing any United States

13 citizen (including any United States Armed Forces per14 sonnel, United States civilian employee, or civilian con15 tractor employed by the United States).

16 (d) CONSTRUCTION WITH OTHER AUTHORITY.—The

17 authority in subsection (a) to use funds to provide assist18 ance to the Government of Colombia is in addition to any

19 other authority in law to provide assistance to the Govern20 ment of Colombia.

21 SEC. 1209. COMPETITIVE AWARD OF CONTRACTS FOR IRAQI

22 RECONSTRUCTION.

23 (a) REQUIREMENT.—The Department of Defense shall

24 fully comply with the Competition in Contracting Act (10

25 U.S.C. 2304 et seq.) for any contract awarded for recon-
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1 struction activities in Iraq and shall conduct a full and

2 open competition for performing work needed for the recon3 struction of the Iraqi oil industry.

4 (b) REPORT TO CONGRESS.—If the Department of De5 fense does not have a fully competitive contract in place

6 to replace the March 8, 2003 contract for the reconstruction

7 of the Iraqi oil industry by August 31, 2003, the Secretary

8 of Defense shall submit a report to Congress by September

9 30, 2003, detailing the reasons for allowing this sole-source

10 contract to continue. A follow-up report shall be submitted

11 to Congress each 60 days thereafter until a competitive con12 tract is in place.

13 TITLE XIII—COOPERATIVE

14 THREAT REDUCTION WITH

15 STATES OF THE FORMER SO16 VIET UNION

17 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE18 DUCTION PROGRAMS AND FUNDS.

19 (a) SPECIFICATION OF CTR PROGRAMS.—For pur20 poses of section 301 and other provisions of this Act, Coop21 erative Threat Reduction programs are the programs speci22 fied in section 1501(b) of the National Defense Authoriza23 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

24 Stat. 2731; 50 U.S.C. 2362 note).
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1 (b) FISCAL YEAR 2004 COOPERATIVE THREAT REDUC2 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis3 cal year 2004 Cooperative Threat Reduction funds’’ means

4 the funds appropriated pursuant to the authorization of ap5 propriations in section 301 for Cooperative Threat Reduc6 tion programs.

7 (c) AVAILABILITY OF FUNDS.—Funds appropriated

8 pursuant to the authorization of appropriations in section

9 301 for Cooperative Threat Reduction programs shall be

10 available for obligation for three fiscal years.

11 SEC. 1302. FUNDING ALLOCATIONS.

12 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

13 $450,800,000 authorized to be appropriated to the Depart14 ment of Defense for fiscal year 2004 in section 301(22) for

15 Cooperative Threat Reduction programs, not more than the

16 following amounts may be obligated for the purposes speci17 fied:

18 (1) For strategic offensive arms elimination in

19 Russia, $57,600,000.

20 (2) For strategic nuclear arms elimination in

21 Ukraine, $3,900,000.

22 (3) For nuclear weapons transportation security

23 in Russia, $23,200,000.

24 (4) For weapons storage security in Russia,

25 $48,000,000.
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1 (5) For weapons of mass destruction prolifera2 tion prevention activities in the states of the former

3 Soviet Union, $39,400,000.

4 (6) For chemical weapons destruction in Russia,

5 $200,300,000.

6 (7) For biological weapons proliferation preven7 tion activities in the former Soviet Union,

8 $54,200,000.

9 (8) For defense and military contacts,

10 $11,000,000.

11 (9) For activities designated as Other Assess12 ments/Administrative Support, $13,100,000.

13 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

14 FUNDS FOR OTHER PURPOSES.—No fiscal year 2004 Coop15 erative Threat Reduction funds may be obligated or ex16 pended for a purpose other than a purpose listed in para17 graphs (1) through (9) of subsection (a) until 30 days after

18 the date that the Secretary of Defense submits to Congress

19 a report on the purpose for which the funds will be obligated

20 or expended and the amount of funds to be obligated or ex21 pended. Nothing in the preceding sentence shall be construed

22 as authorizing the obligation or expenditure of fiscal year

23 2004 Cooperative Threat Reduction funds for a purpose for

24 which the obligation or expenditure of such funds is specifi-
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1 cally prohibited under this title or any other provision of

2 law.

3 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

4 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any

5 case in which the Secretary of Defense determines that it

6 is necessary to do so in the national interest, the Secretary

7 may obligate amounts appropriated for fiscal year 2004 for

8 a purpose listed in any of the paragraphs in subsection (a)

9 in excess of the amount specifically authorized for such pur10 pose.

11 (2) An obligation of funds for a purpose stated in any

12 of the paragraphs in subsection (a) in excess of the specific

13 amount authorized for such purpose may be made using

14 the authority provided in paragraph (1) only after—

15 (A) the Secretary submits to Congress notifica16 tion of the intent to do so together with a complete

17 discussion of the justification for doing so; and

18 (B) 15 days have elapsed following the date of

19 the notification.

20 (3) The Secretary may not, under the authority pro21 vided in paragraph (1), obligate amounts for a purpose

22 stated in any of paragraphs (6) through (9) of subsection

23 (a) in excess of 125 percent of the specific amount author24 ized for such purpose.
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1 SEC. 1303. ANNUAL CERTIFICATIONS ON USE OF FACILI2 TIES BEING CONSTRUCTED FOR COOPERA3 TIVE THREAT REDUCTION PROJECTS OR AC4 TIVITIES.

5 (a) CERTIFICATION ON USE OF FACILITIES BEING

6 CONSTRUCTED.—Not later than the first Monday of Feb7 ruary each year, the Secretary of Defense shall submit to

8 the congressional defense committees a certification for each

9 facility for a Cooperative Threat Reduction project or activ10 ity for which construction occurred during the preceding

11 fiscal year on matters as follows:

12 (1) Whether or not such facility will be used for

13 its intended purpose by the country in which the fa14 cility is constructed.

15 (2) Whether or not the country remains com16 mitted to the use of such facility for its intended pur17 pose.

18 (b) APPLICABILITY.—Subsection (a) shall apply to—

19 (1) any facility the construction of which com20 mences on or after the date of the enactment of this

21 Act; and

22 (2) any facility the construction of which is on23 going as of that date.
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1 SEC. 1304. AUTHORITY TO USE COOPERATIVE THREAT RE2 DUCTION FUNDS OUTSIDE THE FORMER SO3 VIET UNION.

4 (a) AUTHORITY.—The President may obligate and ex5 pend Cooperative Threat Reduction funds for a fiscal year,

6 and any Cooperative Threat Reduction funds for a fiscal

7 year before such fiscal year that remain available for obliga8 tion, for a proliferation threat reduction project or activity

9 outside the states of the former Soviet Union if the President

10 determines that such project or activity will—

11 (1) assist the United States in the resolution of

12 a critical emerging proliferation threat; or

13 (2) permit the United States to take advantage

14 of opportunities to achieve long-standing non15 proliferation goals.

16 (b) SCOPE OF AUTHORITY.—The authority in sub17 section (a) to obligate and expend funds for a project or

18 activity includes authority to provide equipment, goods,

19 and services for the project or activity utilizing such funds,

20 but does not include authority to provide cash directly to

21 the project or activity.

22 (c) LIMITATION.—The amount that may be obligated

23 in a fiscal year under the authority in subsection (a) may

24 not exceed $50,000,000.

25 (d) ADDITIONAL LIMITATIONS AND REQUIREMENTS.—

26 Except as otherwise provided in subsections (a) and (b),
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1 the exercise of the authority in subsection (a) shall be subject

2 to any requirement or limitation under another provision

3 of law as follows:

4 (1) Any requirement for prior notice or other re5 ports to Congress on the use of Cooperative Threat

6 Reduction funds or on Cooperative Threat Reduction

7 projects or activities.

8 (2) Any limitation on the obligation or expendi9 ture of Cooperative Threat Reduction funds.

10 (3) Any limitation on Cooperative Threat Re11 duction projects or activities.

12 SEC. 1305. ONE-YEAR EXTENSION OF INAPPLICABILITY OF

13 CERTAIN CONDITIONS ON USE OF FUNDS

14 FOR CHEMICAL WEAPONS DESTRUCTION.

15 Section 8144 of Public Law 107–248 (116 Stat. 1571)

16 is amended—

17 (1) in subsection (a), by striking ‘‘and 2003’’

18 and inserting ‘‘2003, and 2004’’; and

19 (2) in subsection (b), by striking ‘‘September 30,

20 2003’’ and inserting ‘‘September 30, 2004’’.
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1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS

4 SEC. 2001. SHORT TITLE.

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2004’’.

7 TITLE XXI—ARMY

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 (a) INSIDE THE UNITED STATES.—Using amounts ap11 propriated pursuant to the authorization of appropriations

12 in section 2104(a)(1), the Secretary of the Army may ac13 quire real property and carry out military construction

14 projects for the installations and locations inside the United

15 States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Amount

Alabama ................................. Redstone Arsenal .............................. $5,500,000

Fort Richardson ............................... $10,700,000

Alaska ..................................... Fort Wainwright .............................. $138,800,000

Georgia ................................... Fort Benning .................................... $30,000,000

Fort Stewart/Hunter Army Air

Field .............................................. $138,550,000

Fort Gordon ...................................... $4,350,000

Hawaii ................................... Helemano Military Reservation ...... $20,800,000

Schofield Barracks ........................... $100,000,000

Kansas .................................... Fort Leavenworth ............................. $115,000,000

Fort Riley ......................................... $40,000,000

Kentucky ................................ Fort Knox ......................................... $13,500,000

Louisiana ............................... Fort Polk ........................................... $72,000,000

Maryland ............................... Aberdeen Proving Ground ............... $13,000,000

Fort Meade ........................................ $9,600,000

New York ................................ Fort Drum ........................................ $125,500,000

North Carolina ...................... Fort Bragg ........................................ $152,000,000

Oklahoma ............................... Fort Sill ............................................ $3,500,000

Texas ...................................... Fort Hood ......................................... $49,800,000

Virginia .................................. Fort Myer .......................................... $9,000,000

Washington ............................ Fort Lewis ......................................... $3,900,000
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Army: Inside the United States—Continued

State Installation or location Amount

Total .......................................... $1,055,500,000

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 may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Army: Outside the United States

Country Installation or location Amount

Italy ......................................... Aviano Air Base ................................. $15,500,000

Livorno ................................................ $22,000,000

Korea ........................................ Camp Humphreys .............................. $105,000,000

Kwajalein Atoll ....................... Kwajalein Atoll ................................... $9,400,000

Total .................................................... $151,900,000

8 SEC. 2102. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(a)(6)(A), the Secretary of the

12 Army may construct or acquire family housing units (in13 cluding land acquisition and supporting facilities) at the

14 installations, for the purposes, and in the amounts set forth

15 in the following table:

Army: Family Housing

State Installation or location Purpose Amount

Alaska .............................. Fort Wainwright .................. 140 Units ..... $64,000,000

Arizona ............................ Fort Huachuca ..................... 220 Units ..... $41,000,000

Kansas ............................. Fort Riley ............................. 72 Units ..... $16,700,000

Kentucky .......................... Fort Knox ............................. 178 Units ..... $41,000,000

New Mexico ...................... White Sands Missile Range 58 Units ..... $14,600,000

Oklahoma ......................... Fort Sill ................................ 120 Units ..... $25,373,000
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Army: Family Housing—Continued

State Installation or location Purpose Amount

Virginia ........................... Fort Lee ................................ 90 Units ..... $18,000,000

Total: ... $220,673,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2104(a)(6)(A), the Secretary of the Army may carry

4 out architectural and engineering services and construction

5 design activities with respect to the construction or im6 provement of family housing units in an amount not to

7 exceed $34,488,000.

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2104(a)(6)(A), the Sec13 retary of the Army may improve existing military family

14 housing units in an amount not to exceed $156,030,000.

15 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

16 (a) IN GENERAL.—Funds are hereby authorized to be

17 appropriated for fiscal years beginning after September 30,

18 2003, for military construction, land acquisition, and mili19 tary family housing functions of the Department of the

20 Army in the total amount of $2,980,454,000, as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2101(a),

3 $843,500,000.

4 (2) For military construction projects outside the

5 United States authorized by section 2101(b),

6 $151,900,000.

7 (3) For unspecified minor construction projects

8 authorized by section 2805 of title 10, United States

9 Code, $20,000,000.

10 (4) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $122,710,000.

13 (5) For military family housing functions:

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military

16 family housing and facilities, $409,191,000.

17 (B) For support of military family housing

18 (including the functions described in section

19 2833 of title 10, United States Code),

20 $1,031,853,000.

21 (6) For the construction of phase 3 of Saddle Ac22 cess Road, Pohakoula Training Facility, Hawaii, au23 thorized by section 2101(a) of the Military Construc24 tion Authorization Act for Fiscal Year 2001 (division

25 B of the Floyd D. Spence National Defense Authoriza-
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1 tion Act for Fiscal Year 2001 (as enacted into law by

2 Public Law 106–398; 114 Stat. 1654A–389)), as

3 amended by section 2107 of this Act, $17,000,000.

4 (7) For the construction of phase 3 of a barracks

5 complex, D Street, at Fort Richardson, Alaska, au6 thorized by section 2101(a) of the Military Construc7 tion Authorization Act for Fiscal Year 2002 (division

8 B of Public Law 107–107; 115 Stat. 1280), as

9 amended by section 2107 of this Act, $33,000,000.

10 (8) For the construction of phase 3 of a barracks

11 complex, 17th and B Streets, at Fort Lewis, Wash12 ington, authorized by section 2101(a) of the Military

13 Construction Authorization Act for Fiscal Year 2002

14 (division B of Public Law 107–107; 115 Stat. 1280),

15 $48,000,000.

16 (9) For the construction of phase 2 of a barracks

17 complex, Capron Road, at Schofield Barracks, Ha18 waii, authorized by section 2101(a) of the Military

19 Construction Authorization Act for Fiscal Year 2003

20 (division B of Public Law 107–314; 116 Stat. 2681),

21 $49,000,000.

22 (10) For the construction of phase 2 of a com23 bined arms collective training facility at Fort Riley,

24 Kansas, authorized by section 2101(a) of the Military

25 Construction Authorization Act for Fiscal Year 2003
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1 (division B of Public Law 107–314; 116 Stat. 2681),

2 $13,600,000.

3 (11) 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 Military

6 Construction Authorization Act for Fiscal Year 2003

7 (division B of Public Law 107–314; 116 Stat. 2681),

8 $49,000,000.

9 (12) For the construction of phase 2 of a mainte10 nance complex at Fort Sill, Oklahoma, authorized by

11 section 2101(a) of the Military Construction Author12 ization Act for Fiscal year 2003 (division B of Public

13 Law 107–314; 116 Stat. 2681) $13,000,000.

14 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

15 PROJECTS.—Notwithstanding the cost variations author16 ized by section 2853 of title 10, United States Code, and

17 any other cost variation authorized by law, the total cost

18 of all projects carried out under section 2101 of this Act

19 may not exceed the sum of—

20 (1) the total amount authorized to be appro21 priated under paragraphs (1), and (2) of subsection

22 (a);

23 (2) $32,000,000 (the balance of the amount au24 thorized under section 2101(a) for construction of a

25 barracks, Fort Stewart, Georgia);
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1 (3) $87,000,000 (the balance of the amount au2 thorized under section 2101(a) for construction of a

3 Lewis and Clark instructional facility, Fort Leaven4 worth, Kansas);

5 (4) $43,000,000 (the balance of the amount au6 thorized under section 2101(a) for the construction of

7 a barracks complex, Wheeler-Sack Army Airfield, Fort

8 Drum, New York); and

9 (5) $50,000,000 (the balance of the amount au10 thorized under section 2101(a) for construction of a

11 barracks complex, Bastogne Drive, Fort Bragg, North

12 Carolina).

13 SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT

14 CERTAIN FISCAL YEAR 2003 PROJECTS.

15 (a) MILITARY CONSTRUCTION PROJECTS OUTSIDE

16 THE UNITED STATES.—The table in section 2101(b) of the

17 Military Construction Authorization Act for Fiscal Year

18 2003 (division B of Public Law 107–314; 116 Stat. 2682)

19 is amended—

20 (1) by striking the item relating to Area Support

21 Group, Bamberg, Germany;

22 (2) by striking the item relating to Coleman

23 Barracks, Germany;

24 (3) by striking the item relating to Darmstadt,

25 Germany;
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1 (4) by striking the item relating to Mannheim,

2 Germany;

3 (5) by striking the item relating to Schweinfurt,

4 Germany; and

5 (6) by striking the amount identified as the total

6 in the amount column and inserting ‘‘$288,066,000’’.

7 (b) FAMILY HOUSING OUTSIDE THE UNITED

8 STATES.—The table in section 2102(a) of that Act (116

9 Stat. 2683) is amended—

10 (1) by striking the item relating to Yongsan,

11 Korea; and

12 (2) by striking the amount identified as the total

13 in the amount column and inserting ‘‘$23,852,000’’.

14 (c) IMPROVEMENTS TO MILITARY FAMILY HOUSING

15 UNITS.—Section 2103 of that Act (116 Stat. 2683) is

16 amended by striking ‘‘$239,751,000’’ and inserting

17 ‘‘$190,551,000’’.

18 (d) CONFORMING AMENDMENTS.—Section 2104(a) of

19 that Act (116 Stat. 2683) is amended—

20 (1) in the matter preceding paragraph (1), by

21 striking ‘‘$3,104,176,000’’ and inserting

22 ‘‘$2,985,826,000’’;

23 (2) in paragraph (2), by striking

24 ‘‘$354,116,000’’ and inserting ‘‘$288,066,000’’; and
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1 (3) in paragraph (6)(A), by striking

2 ‘‘$282,356,000’’ and inserting ‘‘$230,056,000’’.

3 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT

4 CERTAIN FISCAL YEAR 2003 PROJECTS.

5 (a) MILITARY CONSTRUCTION INSIDE THE UNITED

6 STATES.—The table in section 2101(a) of the Military Con7 struction Authorization Act for Fiscal Year 2003 (division

8 B of Public Law 107–314; 116 Stat. 2681) is amended—

9 (1) in the item relating to Fort Riley, Kansas,

10 by striking ‘‘$81,095,000’’ in the amount column and

11 inserting ‘‘$81,495,000’’; and

12 (2) by striking the amount identified as the total

13 in the amount column and inserting

14 ‘‘$1,156,167,000’’.

15 (b) MILITARY CONSTRUCTION OUTSIDE THE UNITED

16 STATES.—The table in section 2101(b) of that Act (116

17 Stat. 2682) is amended—

18 (1) by striking the item relating to Camp Castle,

19 Korea;

20 (2) by striking the item relating to Camp Hovey,

21 Korea;

22 (3) in the item relating to Camp Humphreys,

23 Korea, by striking ‘‘$36,000,000’’ in the amount col24 umn and inserting ‘‘$107,800,000’’ ; and
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1 (4) by striking the item relating to K16 Airfield,

2 Korea.

3 (c) CONFORMING AMENDMENT.—Section 2104(b)(4) of

4 that Act (116 Stat. 2684) is amended by striking

5 ‘‘$13,200,000’’ and inserting ‘‘$13,600,000’’.

6 SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT

7 CERTAIN FISCAL YEAR 2002 PROJECT.

8 (a) MODIFICATION.—The table in section 2101(a) of

9 the Military Construction Authorization Act for Fiscal Year

10 2002 (division B of Public Law 107-107; 115 Stat. 1281),

11 as amended by section 2105 of the Military Construction

12 Authorization Act for Fiscal Year 2003 (division B of Pub13 lic Law 107–314; 116 Stat. 2689), is further amended—

14 (1) in the item relating to Fort Richardson,

15 Alaska, by striking ‘‘$115,000,000’’ in the amount

16 column and inserting ‘‘$117,000,000’’; and

17 (2) by striking the amount identified as the total

18 in the amount column and inserting

19 ‘‘$1,364,750,000’’.

20 (b) CONFORMING AMENDMENT.—Section 2104(b)(2) of

21 that Act (115 Stat. 1284) is amended by striking

22 ‘‘$52,000,000’’ and inserting ‘‘$54,000,000’’.
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1 SEC. 2108. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 2001 PROJECT.

3 (a) IN GENERAL.—The table in section 2101(a) of the

4 Military Construction Authorization Act for Fiscal Year

5 2001 (division B of the Floyd D. Spence National Defense

6 Authorization Act for Fiscal Year 2001 (as enacted into law

7 by Public Law 106–398; 114 Stat. 1654A–389)), as amend8 ed by section 2105 of the Military Construction Authoriza9 tion Act for Fiscal Year 2002 (division B of Public Law

10 107–107; 115 Stat. 1285), is further amended—

11 (1) in the item relating to Pohakoula Training

12 Facility, Hawaii, by striking ‘‘$32,000,000’’ in the

13 amount column and inserting ‘‘$42,000,000’’; and

14 (2) by striking the amount identified as the total

15 in the amount column and inserting ‘‘$636,374,000’’.

16 (b) CONFORMING AMENDMENT.—Section 2104(b)(7) of

17 the Military Construction Authorization Act for Fiscal Year

18 2001 (114 Stat. 1654A–392) is amended by striking

19 ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’.

20 TITLE XXII—NAVY

21 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

22 ACQUISITION PROJECTS.

23 (a) INSIDE THE UNITED STATES.—Using amounts ap24 propriated pursuant to the authorization of appropriations

25 in section 2204(a)(1), the Secretary of the Navy may ac26 quire real property and carry out military construction
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1 projects for the installations and locations inside the United

2 States, and in the amounts, set forth in the following 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 ............................... $9,150,000

Naval Air Facility, San Clemente Island $18,940,000

Naval Postgraduate School, Monterey ....... $35,550,000

Naval Station, San Diego .......................... $42,710,000

Marine Air Ground Task Force Training

Center, Twentynine Palms .................... $28,390,000

Connecticut ...................... New London ................................................ $3,000,000

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

Nevada .............................. Naval Air Station, Fallon ......................... $4,700,000

New Jersey ....................... Naval Air Warfare Center, Lakehurst ...... $20,681,000

Naval Weapons Station, Earle .................. $123,720,000

North Carolina ................ Marine Corps Air Station, Cherry Point $1,270,000

Marine Corps Air Station, New River ..... $6,240,000

Marine Corps Base, Camp Lejeune ........... $29,450,000

Pennsylvania ................... Philadelphia Foundry ................................ $10,200,000

Rhode Island .................... Naval Station, Newport ............................. $18,690,000

Naval Undersea Warfare Center, Newport $10,890,000

Texas ................................. Naval Station, Ingleside ............................. $7,070,000

Virginia ............................ Henderson Hall, Arlington ........................ $1,970,000

Marine Corps Combat Development Command, Quantico ...................................... $18,120,000

Naval Amphibious Base, Little Creek ....... $3,810,000

Naval Station, Norfolk ............................... $182,240,000

Naval Space Command Center, Dahlgren $24,020,000

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 .................................................... $1,287,482,000
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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 locations outside the United States, and in

6 the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain ............................ Naval Support Activity, Bahrain ............... $18,030,000

Italy .................................. Naval Support Activity, La Madalena ....... $39,020,000

Naval Air Station, Sigonella ....................... $34,070,000

United Kingdom .............. Joint Maritime Facility, St. Mawgan ........ $7,070,000

Total ...................................................... $98,190,000

7 SEC. 2202. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(a)(5)(A), the Secretary of the

11 Navy may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the

13 installations, for the purposes, and in the amounts set forth

14 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 ..... $3,197,000

North Carolina ................ Marine Corps Base, Camp

Lejeune ............................. 519 Units ..... $67,781,000

Marine Corps Air Station,

Cherry Point .................... 339 Units ..... $42,803,000

Total .... $155,366,000

15 (b) PLANNING AND DESIGN.—Using amounts appro16 priated pursuant to the authorization of appropriation in
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1 section 2204(a)(5)(A), the Secretary of the Navy may carry

2 out architectural and engineering services and construction

3 design activities with respect to the construction or im4 provement of military family housing units in an amount

5 not to exceed $8,381,000.

6 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

7 UNITS.

8 Subject to section 2825 of title 10, United States Code,

9 and using amounts appropriated pursuant to the author10 ization of appropriations in section 2204(a)(5)(A), the Sec11 retary of the Navy may improve existing military family

12 housing units in an amount not to exceed $20,446,000.

13 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

14 (a) IN GENERAL.—Funds are hereby authorized to be

15 appropriated for fiscal years beginning after September 30,

16 2003, for military construction, land acquisition, and mili17 tary family housing functions of the Department of the

18 Navy in the total amount of $2,179,919,000, as follows:

19 (1) For military construction projects inside the

20 United States authorized by section 2201(a),

21 $959,702,000.

22 (2) For military construction projects outside the

23 United States authorized by section 2201(b),

24 $98,190,000.
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1 (3) For unspecified minor construction projects

2 authorized by section 2805 of title 10, United States

3 Code, $12,334,000.

4 (4) For architectural and engineering services

5 and construction design under section 2807 of title

6 10, United States Code, $65,612,000.

7 (5) For military family housing functions:

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military

10 family housing and facilities, $184,193,000.

11 (B) For support of military family housing

12 (including functions described in section 2833 of

13 title 10, United States Code), $813,158,000.

14 (6) For construction of phase 2 of a bachelor en15 listed quarters shipboard ashore at Naval Shipyard

16 Norfolk, Virginia, authorized by section 2201(a) of the

17 Military Construction Authorization Act for Fiscal

18 Year 2003 (division B of Public Law 107–314; 116

19 Stat. 2687), $46,730,000.

20 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and

23 any other cost variation authorized by law, the total cost

24 of all projects carried out under section 2201 of this Act

25 may not exceed the sum of—
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1 (1) the total amount authorized to be appro2 priated under paragraphs (1) and (2) of subsection

3 (a);

4 (2) $25,690,000 (the balance of the amount au5 thorized under section 2201(a) for the construction of

6 a tertiary sewage treatment complex, Marine Corps

7 Base, Camp Pendleton, California);

8 (3) $58,190,000 (the balance of the amount au9 thorized under section 2201(a) for the construction of

10 a battle station training facility, Naval Training

11 Center, Great Lakes, Illinois);

12 (4) $96,980,000 (the balance of the amount au13 thorized under section 2201(a) for replacement of a

14 general purpose berthing pier, Naval Weapons Sta15 tion, Earle, New Jersey);

16 (5) $118,170,000 (the balance of the amount au17 thorized under section 2201(a) for replacement of pier

18 11, Naval Station, Norfolk, Virginia); and

19 (6) $28,750,000 (the balance of the amount au20 thorized under section 2201(a) for the construction of

21 an outlying landing field and facilities at a location

22 to be determined).
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1 SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 2003 PROJECT.

3 (a) TERMINATION.—The table in section 2201(b) of the

4 Military Construction Authorization Act for Fiscal Year

5 2003 (division B of Public Law 107–314; 116 Stat. 2687)

6 is amended—

7 (1) by striking the item relating to Naval Air

8 Station, Keflavik, Iceland; and

9 (2) by striking the amount identified as the total

10 in the amount column and inserting ‘‘$135,900,000’’.

11 (b) CONFORMING AMENDMENTS.—Section 2204(a) of

12 that Act (116 Stat. 2688) is amended—

13 (1) in the matter preceding paragraph (1), by

14 striking ‘‘$2,576,381,000’’ and inserting

15 ‘‘$2,561,461,000’’; and

16 (2) in paragraph (2), by striking

17 ‘‘$148,250,000’’ and inserting ‘‘$133,330,000’’.

18 TITLE XXIII—AIR FORCE

19 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

20 LAND ACQUISITION PROJECTS.

21 (a) INSIDE THE UNITED STATES.—Using amounts ap22 propriated pursuant to the authorization of appropriations

23 in section 2304(a)(1), the Secretary of the Air Force may

24 acquire real property and carry out military construction

25 projects for the installations and locations inside the United

26 States, and in the amounts, set forth in the following table:
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Air Force: Inside the United States

State Installation or location Amount

Alabama .................................... Maxwell Air Force Base ...................... $13,400,000

Alaska ....................................... Eielson Air Force Base ........................ $48,774,000

Elmendorf Air Force Base ................... $2,000,000

Arizona ..................................... Davis-Monthan Air Force Base .......... $9,864,000

Luke Air Force Base ............................ $14,300,000

Arkansas ................................... Little Rock Air Force Base .................. $7,372,000

California ................................. Beale Air Force Base ........................... $22,300,000

Edwards Air Force Base ..................... $19,060,000

Los Angeles Air Force Base ................. $5,000,000

Vandenberg Air Force Base ................. $16,500,000

Colorado .................................... Buckley Air Force Base ....................... $6,957,000

Peterson Air Force Base ...................... $10,200,000

Delaware ................................... Dover Air Force Base ........................... $8,500,000

District of Columbia ................ Bolling Air Force Base ........................ $9,300,000

Florida ...................................... Hurlburt Field ...................................... $27,200,000

Patrick Air Force Base ........................ $8,800,000

Tyndall Air Force Base ....................... $6,195,000

Georgia ...................................... Moody Air Force Base ......................... $7,600,000

Robins Air Force Base ......................... $28,685,000

Hawaii ...................................... Hickam Air Force Base ....................... $78,276,000

Idaho ......................................... Mountain Home Air Force Base ......... $15,137,000

Illinois ....................................... Scott Air Force Base ............................ $1,900,000

Mississippi ................................ Columbus Air Force Base .................... $5,500,000

Keesler Air Force Base ......................... $2,900,000

Nevada ...................................... Nellis Air Force Base ........................... $11,800,000

New Jersey ................................ McGuire Air Force Base ...................... $11,627,000

New Mexico ............................... Cannon Air Force Base ....................... $9,000,000

Kirtland Air Force Base ...................... $6,957,000

Tularosa Radar Test Site .................... $3,600,000

North Carolina ......................... Pope Air Force Base ............................ $24,015,000

Seymour Johnson Air Force Base ...... $22,430,000

North Dakota ............................ Minot Air Force Base .......................... $12,550,000

Ohio ........................................... Wright-Patterson Air Force Base ....... $10,500,000

Oklahoma .................................. Altus Air Force Base ............................ $1,144,000

Tinker Air Force Base ......................... $25,560,000

Vance Air Force Base .......................... $15,000,000

South Carolina ......................... Charleston Air Force Base ................... $8,863,000

Shaw Air Force Base ........................... $8,500,000

South Dakota ........................... Ellsworth Air Force Base .................... $9,300,000

Texas ......................................... Goodfellow Air Force Base .................. $19,970,000

Lackland Air Force Base ..................... $64,926,000

Randolph Air Force Base .................... $13,600,000

Sheppard Air Force Base .................... $28,590,000

Utah .......................................... Hill Air Force Base ............................. $21,711,000

Virginia .................................... Langley Air Force Base ....................... $24,969,000

Washington ............................... McChord Air Force Base ..................... $19,000,000

Wyoming ................................... F.E. Warren Air Force Base ............... $10,000,000

Total ...................................................... $740,909,000

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 and locations outside the
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1 United States, and in the amounts, set forth in the following

2 table:

Air Force: Outside the United States

Country Installation or location Amount

Germany ................................... Ramstein Air Base ............................... $35,616,000

Spangdahlem Air Base ........................ $5,411,000

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

United Kingdom ...................... Royal Air Force, Lakenheath .............. $42,487,000

Royal Air Force, Mildenhall ............... $10,558,000

Wake Island .............................. Wake Island .......................................... $24,000,000

Total .............................................. $159,880,000

3 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap4 propriated pursuant to the authorization of appropriations

5 in section 2304(a)(3), the Secretary of the Air Force may

6 acquire real property and carry out military construction

7 projects for the installation and location, and in the

8 amount, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation or location Amount

Unspecified Worldwide ............ Classified Location ............................... $28,981,000

Total .............................................. $28,981,000

9 SEC. 2302. FAMILY HOUSING.

10 (a) CONSTRUCTION AND ACQUISITION.—Using

11 amounts appropriated pursuant to the authorization of ap12 propriations in section 2304(a)(6)(A), the Secretary of the

13 Air Force may construct or acquire family housing units

14 (including land acquisition and supporting facilities) at

15 the installations, for the purposes, and in the amounts set

16 forth in the following table:
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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

United Kingdom ............. Royal Air Force,

Lakenheath ....................... 89 Units ..... $23,640,000

Total .... $399,598,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $33,488,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(6)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $223,979,000.
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1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

2 FORCE.

3 (a) IN GENERAL.—Funds are hereby authorized to be

4 appropriated for fiscal years beginning after September 30,

5 2003, for military construction, land acquisition, and mili6 tary family housing functions of the Department of the Air

7 Force in the total amount of $2,505,373,000, as follows:

8 (1) For military construction projects inside the

9 United States authorized by section 2301(a),

10 $760,332,000.

11 (2) For military construction projects outside the

12 United States authorized by section 2301(b),

13 $159,880,000.

14 (3) For military construction projects at unspec15 ified worldwide locations authorized by section

16 2301(c), $28,981,000.

17 (4) For unspecified minor construction projects

18 authorized by section 2805 of title 10, United States

19 Code, $12,000,000.

20 (5) For architectural and engineering services

21 and construction design under section 2807 of title

22 10, United States Code, $74,345,000.

23 (6) For military housing functions:

24 (A) For construction and acquisition, plan25 ning and design, and improvement of military

26 family housing and facilities, $657,065,000.
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1 (B) For support of military family housing

2 (including functions described in section 2833 of

3 title 10, United States Code), $812,770,000.

4 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

5 PROJECTS.—Notwithstanding the cost variations author6 ized by section 2853 of title 10, United States Code, and

7 any other cost variation authorized by law, the total cost

8 of all projects carried out under section 2301 of this Act

9 may not exceed the total amount authorized to be appro10 priated under paragraphs (1), (2), and (3) of subsection

11 (a).

12 SEC. 2305. MODIFICATION OF FISCAL YEAR 2003 AUTHOR13 ITY RELATING TO IMPROVEMENT OF MILI14 TARY FAMILY HOUSING UNITS.

15 (a) MODIFICATION.—Section 2303 of the Military

16 Construction Authorization Act for Fiscal Year 2003 (divi17 sion B of Public Law 107–314; 116 Stat. 2693) is amended

18 by striking ‘‘$226,068,000’’ and inserting ‘‘$206,721,000’’.

19 (b) CONFORMING AMENDMENTS.—Section 2304(a) of

20 that Act (116 Stat. 2693) is amended—

21 (1) in the matter preceding paragraph (1), by

22 striking ‘‘$2,633,738,000’’ and inserting

23 ‘‘$2,614,391,000’’; and

24 (2) in paragraph (6)(A), by striking

25 ‘‘$689,824,000’’ and inserting ‘‘$670,477,000’’.
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1 TITLE XXIV—DEFENSE

2 AGENCIES

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 (a) INSIDE THE UNITED STATES.—Using amounts ap6 propriated pursuant to the authorization of appropriations

7 in section 2405(a)(1), the Secretary of Defense may acquire

8 real property and carry out military construction projects

9 for the installations and locations inside the United States,

10 and in the amounts, set forth in the following 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 ............. $27,000,000

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 ....................... $3,500,000

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

Little Creek, Virginia ........................... $9,000,000

MacDill Air Force Base, Florida ........ $25,500,000

Tri-Care Management Activity Naval Station, Anacostia, District of

Columbia ........................................... $15,714,000

Naval Submarine Base, New London,

Connecticut ....................................... $6,400,000

United States Air Force Academy,

Colorado ............................................ $21,500,000

Walter Reed Medical Center, District

of Columbia ...................................... $9,000,000

Washington Headquarters

Services ................................. Arlington, Virginia .............................. $38,086,000

Total .............................................. $331,170,000
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2405(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 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 ........ $24,900,000

Grafenwoehr, Germany ........................ $12,585,000

Total .............................................. $136,599,000

8 SEC. 2402. FAMILY HOUSING.

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2405(a)(8)(A), the Sec11 retary of Defense may carry out architectural and engineer12 ing services and construction design activities with respect

13 to the construction or improvement of military family hous14 ing units in an amount not to exceed $300,000.

15 SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING

16 UNITS.

17 Subject to section 2825 of title 10, United States Code,

18 and using amounts appropriated pursuant to the author19 ization of appropriations in section 2405(a)(8)(A), the Sec-
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1 retary of Defense may improve existing military family

2 housing units in an amount not to exceed $50,000.

3 SEC. 2404. ENERGY CONSERVATION PROJECTS.

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2405(a)(6), the Sec6 retary of Defense may carry out energy conservation

7 projects under section 2865 of title 10, United States Code,

8 in the amount of $69,500,000.

9 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE10 FENSE AGENCIES.

11 (a) IN GENERAL.—Funds are hereby authorized to be

12 appropriated for fiscal years beginning after September 30,

13 2003, for military construction, land acquisition, and mili14 tary family housing functions of the Department of Defense

15 (other than the military departments) in the total amount

16 of $1,154,402,000, as follows:

17 (1) For military construction projects inside the

18 United States authorized by section 2401(a),

19 $331,170,000.

20 (2) For military construction projects outside the

21 United States authorized by section 2401(b),

22 $102,703,000.

23 (3) For unspecified minor construction projects

24 under section 2805 of title 10, United States Code,

25 $16,153,000.
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1 (4) For contingency construction projects of the

2 Secretary of Defense under section 2804 of title 10,

3 United States Code, $8,960,000.

4 (5) For architectural and engineering services

5 and construction design under section 2807 of title

6 10, United States Code, $59,884,000.

7 (6) For energy conservation projects authorized

8 by section 2404, $69,500,000.

9 (7) For base closure and realignment activities

10 as authorized by the Defense Base Closure and Re11 alignment Act of 1990 (part A of title XXIX of Public

12 Law 101–510; 10 U.S.C. 2687 note), $370,427,000.

13 (8) For military family housing functions:

14 (A) For planning, design, and improvement

15 of military family housing and facilities,

16 $350,000.

17 (B) For support of military family housing

18 (including functions described in section 2833 of

19 title 10, United States Code), $49,440,000.

20 (C) For credit to the Department of Defense

21 Family Housing Improvement Fund established

22 by section 2883(a)(1) of title 10, United States

23 Code, $300,000.

24 (9) For construction of the Defense Threat Re25 duction Center at Fort Belvoir, Virginia, authorized
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1 by section 2401(a) of the Military Construction Au2 thorization Act for Fiscal Year 2003 (division B of

3 Public Law 107–314; 116 Stat. 2695), $25,700,000.

4 (10) For construction of phase 5 of an ammuni5 tion demilitarization facility at Pueblo Chemical Ac6 tivity, Colorado, authorized by section 2401(a) of the

7 Military Construction Authorization Act for Fiscal

8 Year 1997 (division B of Public Law 104–201; 110

9 Stat. 2775), as amended by section 2406 of the Mili10 tary Construction Authorization Act for Fiscal Year

11 2000 (division B of Public Law 106–65; 113 Stat.

12 839) and section 2407 of the Military Construction

13 Authorization Act for Fiscal Year 2003 (division B of

14 Public Law 107–314; 116 Stat. 2698), $88,388,000.

15 (11) For construction of phase 6 of an ammuni16 tion demilitarization facility at Newport Army

17 Depot, Indiana, authorized by section 2401(a) of the

18 Military Construction Authorization Act for Fiscal

19 Year 1999 (division B of Public Law 105–261; 112

20 Stat. 2193), as amended by section 2406 of the Mili21 tary Construction Authorization Act for Fiscal Year

22 2002 (division B of Public Law 107-107; 115 Stat.

23 1299) and section 2406 of the Military Construction

24 Authorization Act for Fiscal Year 2003 (division B of

25 Public Law 107–314; 116 Stat. 2698), $15,207,000.
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1 (12) For construction of phase 4 of an ammuni2 tion demilitarization facility at Blue Grass Army

3 Depot, Kentucky, authorized by section 2401(a) of the

4 Military Construction Authorization Act for Fiscal

5 Year 2000 (division B of Public Law 106–65; 113

6 Stat. 835), as amended by section 2405 of the Mili7 tary Construction Authorization Act for Fiscal Year

8 2002 (division B of Public Law 107–107; 115 Stat.

9 1298) and section 2405 of the Military Construction

10 Authorization Act for Fiscal Year 2003 (division B of

11 Public Law 107–314; 116 Stat. 2698), $16,220,000.

12 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

13 PROJECTS.—Notwithstanding the cost variations author14 ized by section 2853 of title 10, United States Code, and

15 any other cost variation authorized by law, the total cost

16 of all projects carried out under section 2401 of this Act

17 may not exceed the sum of—

18 (1) the total amount authorized to be appro19 priated under paragraphs (1), (2), and (3) of sub20 section (a);

21 (2) $16,265,000 (the balance of the amount au22 thorized under section 2401(b) for the renovation and

23 construction of an elementary and high school, Naval

24 Station Sigonella, Italy); and
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1 (3) $17,631,000 (the balance of the amount au2 thorized under section 2401(b) for the construction of

3 an elementary and middle school, Grafenwoehr, Ger4 many).

5 SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT

6 CERTAIN FISCAL YEAR 2003 PROJECT.

7 The table in section 2401(b) of the Military Construc8 tion Authorization Act for Fiscal Year 2003 (division B

9 of Public Law 107–314; 116 Stat. 2695) is amended in the

10 matter relating to Department of Defense Dependent

11 Schools by striking ‘‘Seoul, Korea’’ in the installation or

12 location column and inserting ‘‘Camp Humphreys, Korea’’.

13 SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT

14 CERTAIN FISCAL YEAR 2003 PROJECTS.

15 (a) MODIFICATION.—The table in section 2401(b) of

16 the Military Construction Authorization Act for Fiscal Year

17 2003 (division B of Public Law 107–314; 116 Stat. 2695)

18 is amended—

19 (1) in the matter relating to Department of De20 fense Dependent Schools—

21 (A) by striking ‘‘Seoul, Korea’’ in the in22 stallation or location column and inserting

23 ‘‘Camp Humphreys, Korea’’; and

24 (B) by striking the item relating to

25 Spangdahlem Air Base, Germany; and
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1 (2) by striking the amount identified as the total

2 in the amount column and inserting ‘‘$205,586,000’’.

3 (b) CONFORMING AMENDMENTS.—Section 2404(a) of

4 that Act (116 Stat. 2696) is amended—

5 (1) in the matter preceding paragraph (1), by

6 striking $1,434,795,000’’ and inserting

7 ‘‘$1,433,798,000’’; and

8 (2) in paragraph (2), by striking

9 ‘‘$206,583,000’’ and inserting ‘‘$205,586,000’’.

10 TITLE XXV—NORTH ATLANTIC

11 TREATY ORGANIZATION SE12 CURITY INVESTMENT PRO13 GRAM

14 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

15 ACQUISITION PROJECTS.

16 The Secretary of Defense may make contributions for

17 the North Atlantic Treaty Organization Security Invest18 ment program as provided in section 2806 of title 10,

19 United States Code, in an amount not to exceed the sum

20 of the amount authorized to be appropriated for this pur21 pose in section 2502 and the amount collected from the

22 North Atlantic Treaty Organization as a result of construc23 tion previously financed by the United States.
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1 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

2 Funds are hereby authorized to be appropriated for fis3 cal years beginning after September 30, 2003, for contribu4 tions by the Secretary of Defense under section 2806 of title

5 10, United States Code, for the share of the United States

6 of the cost of projects for the North Atlantic Treaty Organi7 zation Security Investment program authorized by section

8 2501, in the amount of $169,300,000.

9 TITLE XXVI—GUARD AND

10 RESERVE FORCES FACILITIES

11 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC12 TION AND LAND ACQUISITION PROJECTS.

13 There are authorized to be appropriated for fiscal

14 years beginning after September 30, 2003, for the costs of

15 acquisition, architectural and engineering services, and

16 construction of facilities for the Guard and Reserve Forces,

17 and for contributions therefor, under chapter 1803 of title

18 10, United States Code (including the cost of acquisition

19 of land for those facilities), the following amounts:

20 (1) For the Department of the Army—

21 (A) for the Army National Guard of the

22 United States, $276,779,000; and

23 (B) for the Army Reserve, $74,478,000.

24 (2) For the Department of the Navy, for the

25 Naval and Marine Corps Reserve, $34,132,000.

26 (3) For the Department of the Air Force—
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1 (A) for the Air National Guard of the

2 United States, $208,530,000; and

3 (B) for the Air Force Reserve, $53,912,000.

4 TITLE XXVII—EXPIRATION AND

5 EXTENSION OF AUTHORIZA6 TIONS

7 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

8 AMOUNTS REQUIRED TO BE SPECIFIED BY

9 LAW.

10 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

11 YEARS.—Except as provided in subsection (b), all author12 izations contained in titles XXI through XXVI for military

13 construction projects, land acquisition, family housing

14 projects and facilities, and contributions to the North At15 lantic Treaty Organization Security Investment program

16 (and authorizations of appropriations therefor) shall expire

17 on the later of—

18 (1) October 1, 2006; or

19 (2) the date of the enactment of an Act author20 izing funds for military construction for fiscal year

21 2007.

22 (b) EXCEPTION.—Subsection (a) shall not apply to au23 thorizations for military construction projects, land acqui24 sition, family housing projects, and facilities, and contribu25 tions to the North Atlantic Treaty Organization Security
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1 Investment program (and authorizations of appropriations

2 therefor) for which appropriated funds have been obligated

3 before the later of—

4 (1) October 1, 2006; or

5 (2) the date of the enactment of an Act author6 izing funds for fiscal year 2007 for military construc7 tion projects, land acquisition, family housing

8 projects and facilities, and contributions to the North

9 Atlantic Treaty Organization Security Investment

10 program.

11 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

12 FISCAL YEAR 2001 PROJECTS.

13 (a) EXTENSION OF CERTAIN PROJECTS.—Notwith14 standing section 2701 of the Floyd D. Spence National De15 fense Authorization Act for Fiscal Year 2001 (as enacted

16 into law by Public Law 106–398; 114 Stat. 1654A–407),

17 authorizations set forth in the tables in subsection (b), as

18 provided in section 2102, 2201, 2401, or 2601 of that Act,

19 shall remain in effect until October 1, 2004, or the date

20 of the enactment of an Act authorizing funds for military

21 construction for fiscal year 2005, whichever is later.

22 (b) TABLES.—The tables referred to in subsection (a)

23 are as follows:
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Army: Extension of 2001 Project Authorization

State Installation or location Project Amount

South Carolina ............... Fort Jackson .................. New Construction—Family

Housing (1

Unit) ............. $250,000

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 or country 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

Army National Guard: Extension of 2001 Project Authorizations

State Installation or location Project Amount

Arizona ............................ Papago Park .................. Add/Alter Readiness Center .. $2,265,000

Pennsylvania Mansfield ........................ Readiness Center ................. $3,100,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 2000 PROJECTS.

3 (a) EXTENSION.—Notwithstanding section 2701 of the

4 Military Construction Authorization Act for Fiscal Year

5 2000 (division B of Public Law 106–65; 113 Stat. 841),

6 authorizations set forth in the tables in subsection (b), as
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1 provided in section 2302 or 2601 of that Act and extended

2 by section 2702 of the Military Construction Authorization

3 Act for Fiscal Year 2003 (division B of Public Law 107–

4 314; 116 Stat. 2700), shall remain in effect until October

5 1, 2004, or the date of the enactment of an Act authorizing

6 funds for military construction for fiscal year 2005, which7 ever is later.

8 (b) TABLES.—The table referred to in subsection (a)

9 is as follows:

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 National Guard: Extension of 2000 Project Authorization

State Installation or location Project Amount

Virginia ........................... Fort Pickett .................... Multi-purpose

Range-Heavy $13,500,000

10 SEC. 2704. EFFECTIVE DATE.

11 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of

12 this Act shall take effect on the later of—

13 (1) October 1, 2003; or

14 (2) the date of the enactment of this Act.
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1 TITLE XXVIII—GENERAL

2 PROVISIONS

3 Subtitle A—Military Construction

4 Program and Military Family

5 Housing Changes

6 SEC. 2801. MODIFICATION OF GENERAL DEFINITIONS RE7 LATING TO MILITARY CONSTRUCTION.

8 (a) MILITARY CONSTRUCTION.—Subsection (a) of sec9 tion 2801 of title 10, United States Code, is amended by

10 inserting before the period the following: ‘‘, whether to sat11 isfy temporary or permanent requirements’’.

12 (b) MILITARY INSTALLATION.—Subsection (c)(2) of

13 such section is amended by inserting before the period the

14 following: ‘‘, without regard to the duration of operational

15 control’’.

16 SEC. 2802. INCREASE IN NUMBER OF FAMILY HOUSING

17 UNITS IN ITALY AUTHORIZED FOR LEASE BY

18 THE NAVY.

19 Section 2828(e)(2) of title 10, United States Code, is

20 amended by striking ‘‘2,000’’ and inserting ‘‘2,800’’.
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1 Subtitle B—Real Property and

2 Facilities Administration

3 SEC. 2811. INCREASE IN THRESHOLD FOR REPORTS TO

4 CONGRESS ON REAL PROPERTY TRANS5 ACTIONS.

6 Section 2662 of title 10, United States Code, is amend7 ed by striking ‘‘$500,000’’ each place it appears and insert8 ing ‘‘$750,000’’.

9 SEC. 2812. ACCEPTANCE OF IN-KIND CONSIDERATION FOR

10 EASEMENTS.

11 (a) EASEMENTS FOR RIGHTS-OF-WAY.—Section 2668

12 of title 10, United States Code, is amended—

13 (1) by redesignating subsection (e) as subsection

14 (f); and

15 (2) by inserting after subsection (d) the following

16 new subsection (e):

17 ‘‘(e) Subsection (c) of section 2667 of this title shall

18 apply with respect to in-kind consideration received by the

19 Secretary of a military department in connection with an

20 easement granted under this section in the same manner

21 as such subsection applies to in-kind consideration received

22 pursuant to leases entered into by that Secretary under such

23 section.’’.

24 (b) EASEMENTS FOR UTILITY LINES.—Section 2669 of

25 such title is amended—
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1 (1) by redesignating subsection (e) as subsection

2 (f); and

3 (2) by inserting after subsection (d) the following

4 new subsection (e):

5 ‘‘(e) Subsection (c) of section 2667 of this title shall

6 apply with respect to in-kind consideration received by the

7 Secretary of a military department in connection with an

8 easement granted under this section in the same manner

9 as such subsection applies to in-kind consideration received

10 pursuant to leases entered into by that Secretary under such

11 section.’’.

12 SEC. 2813. EXPANSION TO MILITARY UNACCOMPANIED

13 HOUSING OF AUTHORITY TO TRANSFER

14 PROPERTY AT MILITARY INSTALLATIONS TO

15 BE CLOSED IN EXCHANGE FOR MILITARY

16 HOUSING.

17 Section 2905(f)(1) of the Defense Base Closure and Re18 alignment Act of 1990 (part A of title XXIX of Public Law

19 101–510; 10 U.S.C. 2687 note) is amended—

20 (1) by inserting ‘‘unaccompanied members of the

21 Armed Forces or’’ before ‘‘members of the Armed

22 Forces and their dependents’’; and

23 (2) by striking ‘‘FAMILY’’ in the subsection head24 ing.
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1 SEC. 2814. EXEMPTION FROM SCREENING AND USE RE2 QUIREMENTS UNDER MCKINNEY-VENTO

3 HOMELESS ASSISTANCE ACT OF DEPART4 MENT OF DEFENSE PROPERTY IN EMER5 GENCY SUPPORT OF HOMELAND SECURITY.

6 Section 501 of the McKinney-Vento Homeless Assist7 ance Act (42 U.S.C. 11411) is amended—

8 (1) by redesignating subsection (i) as subsection

9 (j); and

10 (2) by inserting after subsection (h) the following

11 new subsection (i):

12 ‘‘(i) APPLICABILITY TO DEPARTMENT OF DEFENSE

13 PROPERTY IN EMERGENCY SUPPORT OF HOMELAND SECU14 RITY.—The provisions of this section shall not apply to a

15 building or property under the jurisdiction of the Depart16 ment of Defense that the Secretary of Defense determines

17 should be made available for use by a State or local govern18 ment, or private entity, on a temporary basis, for emer19 gency activities in support of homeland security.’’.

20 Subtitle C—Land Conveyances

21 SEC. 2821. TRANSFER OF LAND AT FORT CAMPBELL, KEN22 TUCKY AND TENNESSEE.

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

24 Army may convey to the State of Tennessee, all right, title,

25 and interest of the United States in and to a parcel of real

26 property (right-of-way), including improvements thereon,
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1 located at Fort Campbell, Kentucky and Tennessee, for the

2 purpose of realigning and upgrading United States High3 way 79 from a 2-lane highway to a 4-lane highway.

4 (b) CONSIDERATION.—

5 (1) PAYMENT.—As consideration for the convey6 ance of the right-of-way parcel to be conveyed by sub7 section (a), the State of Tennessee shall pay from any

8 source (including Federal funds made available to the

9 State from the Highway Trust Fund) all of the Sec10 retary’s costs associated with the following:

11 (A) COSTS OF CONVEYANCE.—The convey12 ance of the right-of-way parcel, including the

13 preparation of documents under the National

14 Environmental Policy Act of 1969 (42 U.S.C.

15 4321 et seq.), surveys (including surveys under

16 subsection (c)), appraisals, cultural reviews, ad17 ministrative expenses, cemetery relocation, and

18 other expenses necessary to transfer the property.

19 (B) ACQUISITION OF REPLACEMENT

20 LAND.—The acquisition of approximately 200

21 acres of mission-essential replacement land re22 quired to support the training mission at Fort

23 Campbell.
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1 (C) DISPOSAL OF RESIDUAL PROPERTY.—

2 The disposal of residual land located south of the

3 realigned highway.

4 (2) ACCEPTANCE AND CREDIT.—The Secretary

5 may accept funds under this subsection from the Fed6 eral Highway Administration or the State of Ten7 nessee to pay the costs described in paragraph (1) and

8 shall credit the funds to the appropriate Department

9 of the Army accounts for the purpose of paying such

10 costs.

11 (3) PERIOD OF AVAILABILITY.—All funds accept12 ed by the Secretary under this subsection shall remain

13 available until expended.

14 (c) DESCRIPTION OF PROPERTY.—The acreage of the

15 real property to be conveyed, acquired, and disposed of

16 under this section shall be determined by surveys satisfac17 tory to the Secretary.

18 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions

20 in connection with the conveyance under this section as the

21 Secretary considers appropriate to protect the interests of

22 the United States.

23 SEC. 2822. LAND CONVEYANCE, FORT KNOX, KENTUCKY.

24 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

25 Army may convey, without consideration, to the Depart-
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1 ment of Veterans Affairs of the Commonwealth of Kentucky

2 (in this section referred to as the ‘‘Department’’), all right,

3 title, and interest of the United States in and to a parcel

4 of real property, including any improvements thereon, con5 sisting of approximately 93 acres at Fort Knox, Kentucky,

6 for the purpose of permitting the Department to establish

7 and operate a State-run cemetery for veterans of the Armed

8 Forces.

9 (b) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—

10 (1) The Department shall reimburse the Secretary for any

11 costs incurred by the Secretary in making the conveyance

12 authorized by subsection (a), including costs related to envi13 ronmental documentation and other administrative costs.

14 This paragraph does not apply to costs associated with the

15 environmental remediation of the real property to be con16 veyed under such subsection.

17 (2) Any reimbursements received under paragraph (1)

18 for costs described in that paragraph shall be deposited into

19 the accounts from which the costs were paid, and amounts

20 so deposited shall be merged with amounts in such accounts

21 and available for the same purposes, and subject to the same

22 conditions and limitations, as the amounts in such accounts

23 with which merged.

24 (c) DESCRIPTION OF PROPERTY.—The exact acreage

25 and legal description of the real property to be conveyed
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1 under subsection (a) shall be determined by a survey satis2 factory to the Secretary. The cost of the survey shall be borne

3 by the Department.

4 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec5 retary may require such additional terms and conditions

6 in connection with the conveyance under subsection (a) as

7 the Secretary considers appropriate to protect the interests

8 of the United States.

9 SEC. 2823. LAND CONVEYANCE, MARINE CORPS LOGISTICS

10 BASE, ALBANY, GEORGIA.

11 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

12 Navy may convey through negotiated sale to the Preferred

13 Development Group Corporation, a corporation incor14 porated in the State of Georgia and authorized to do busi15 ness in the State of Georgia (referred to in this section as

16 the ‘‘Corporation’’), all right, title, and interest of the

17 United States in and to a parcel of real property, including

18 any improvements thereon, consisting of approximately

19 10.44 acres located at Boyett Village/Turner Field and

20 McAdams Road in Albany, Georgia, for the purpose of per21 mitting the Corporation to use the property for economic

22 development.

23 (b) CONDITIONS OF CONVEYANCE.—The conveyance

24 authorized under subsection (a) shall be subject to the fol25 lowing conditions:
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1 (1) That the Corporation accept the real prop2 erty conveyed under subsection (a) as is.

3 (2) That the Corporation bear all costs related to

4 the use and redevelopment of the real property.

5 (c) CONSIDERATION.—As consideration for the convey6 ance authorized by subsection (a), the Corporation shall pay

7 the United States an amount, determined pursuant to nego8 tiations between the Secretary and the Corporation and

9 based upon the fair market value of the property (as deter10 mined pursuant to an appraisal acceptable to the Sec11 retary), that is appropriate for the property.

12 (d) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—

13 The Secretary may require the Corporation to reimburse

14 the Secretary for any costs incurred by the Secretary in

15 making the conveyance authorized by subsection (a).

16 (e) DEPOSIT OF AMOUNTS.—(1) The consideration re17 ceived under subsection (c) shall be deposited in the Depart18 ment of Defense Base Closure Account 1990 established by

19 section 2906 of the Defense Base Closure and Realignment

20 Act of 1990 (part A of title XXIX of Public Law 101-510;

21 10 U.S.C. 2687 note).

22 (2) Any reimbursements received under subsection (d)

23 for costs described in that subsection shall be deposited into

24 the accounts from which the costs were paid, and amounts

25 so deposited shall be merged with amounts in such accounts
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1 and available for the same purposes, and subject to the same

2 conditions and limitations, as the amounts in such accounts

3 with which merged.

4 (f) EXEMPTION.—The conveyance authorized by sub5 section (a) shall be exempt from the requirement in section

6 2696 of title 10, United States Code, to screen the property

7 for further Federal use.

8 (g) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the real property to be conveyed

10 under subsection (a) shall be determined by a survey satis11 factory to the Secretary.

12 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec13 retary may require such additional terms and conditions

14 in connection with the conveyance under subsection (a) as

15 the Secretary considers appropriate to protect the interests

16 of the United States.

17 SEC. 2824. LAND CONVEYANCE, AIR FORCE AND ARMY EX18 CHANGE SERVICE PROPERTY, DALLAS, TEXAS.

19 (a) CONVEYANCE AUTHORIZED.—The Secretary of De20 fense may authorize the Army and Air Force Exchange

21 Service to convey through negotiated sale all right, title, and

22 interest of the United States in and to a parcel of real prop23 erty, including any improvements thereon, consisting of ap24 proximately 7.5 acres located at 1515 Roundtable Drive in

25 Dallas, Texas.
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1 (b) CONSIDERATION.—As consideration for the convey2 ance authorized by subsection (a), the purchaser shall pay

3 the United States a single payment equal to the fair market

4 value of the real property, as determined pursuant to an

5 appraisal acceptable to the Secretary.

6 (c) DEPOSIT OF AMOUNTS.—Section 574 of title 40,

7 United States Code, shall apply to the consideration re8 ceived under subsection (b), except that in the application

9 of such section, all of the proceeds shall be returned to the

10 Army and Air Force Exchange Service.

11 (d) DESCRIPTION OF PROPERTY.—The exact acreage

12 and legal description of the real property to be conveyed

13 under subsection (a) shall be determined by a survey satis14 factory to the Secretary. The cost of the survey shall be borne

15 by the purchaser.

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions

18 in connection with the conveyance under subsection (a) as

19 the Secretary considers appropriate to protect the interests

20 of the United States.

21 SEC. 2825. LAND EXCHANGE, NAVAL AND MARINE CORPS

22 RESERVE CENTER, PORTLAND OREGON.

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

24 Navy may convey to the United Parcel Service, Inc. (in

25 this section referred to as ‘‘UPS’’), any or all right, title,
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1 and interest of the United States in and to a parcel of real

2 property, including improvements thereon, consisting of ap3 proximately 14 acres in Portland, Oregon, and comprising

4 the Naval and Marine Corps Reserve Center for the purpose

5 of facilitating the expansion of the UPS main distribution

6 complex in Portland.

7 (b) PROPERTY RECEIVED IN EXCHANGE.—(1) As con8 sideration for the conveyance under subsection (a), UPS

9 shall —

10 (A) convey to the United States a parcel of real

11 property determined to be suitable by the Secretary;

12 and

13 (B) design, construct, and convey such replace14 ment facilities on the property conveyed under sub15 paragraph (A) as the Secretary considers appro16 priate.

17 (2) The value of the real property and replacement fa18 cilities received by the Secretary under this subsection shall

19 be at least equal to the fair market value of the real property

20 conveyed under subsection (a), as determined by the Sec21 retary.

22 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

23 Secretary may require UPS to cover costs to be incurred

24 by the Secretary, or to reimburse the Secretary for costs

25 incurred by the Secretary, to carry out the conveyance
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1 under subsection (a), including survey costs, costs related

2 to environmental documentation, relocation expenses in3 curred under subsection (b), and other administrative costs

4 related to the conveyance. If amounts are collected from

5 UPS in advance of the Secretary incurring the actual costs,

6 and the amount collected exceeds the costs actually incurred

7 by the Secretary to carry out the conveyance, the Secretary

8 shall refund the excess amount to UPS.

9 (2) Amounts received as reimbursement under para10 graph (1) shall be credited to the fund or account that was

11 used to cover the costs incurred by the Secretary in carrying

12 out the conveyance. Amounts so credited shall be merged

13 with amounts in such fund or account, and shall be avail14 able for the same purposes, and subject to the same condi15 tions and limitations, as amounts in such fund or account.

16 (d) CONDITION OF CONVEYANCE.—The Secretary may

17 not make the conveyance authorized by subsection (a) until

18 the Secretary determines that the replacement facilities re19 quired by subsection (b) are suitable and available for the

20 relocation of the operations of the Naval and Marine Corps

21 Reserve Center.

22 (e) EXEMPTION FROM FEDERAL SCREENING.—The

23 conveyance authorized by subsection (a) is exempt from the

24 requirement to screen the property for other Federal use
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1 pursuant to sections 2693 and 2696 of title 10, United

2 States Code.

3 (f) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the property to be conveyed under

5 this section shall be determined by surveys satisfactory to

6 the Secretary.

7 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec8 retary may require such additional terms and conditions

9 in connection with the conveyances under this section as

10 the Secretary considers appropriate to protect the interests

11 of the United States.

12 SEC. 2826. LAND CONVEYANCE, FORT RITCHIE, MARYLAND.

13 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

14 Army shall convey, without consideration, to the PenMar

15 Development Corporation, a public instrumentality of the

16 State of Maryland (in this section referred to as the ‘‘Cor17 poration’’), all right, title, and interest of the United States

18 in and to a parcel of real property, including improvements

19 thereon, at former Fort Ritchie, Cascade, Maryland, con20 sisting of approximately 33 acres, that is currently being

21 leased by the International Masonry Institute (in this sec22 tion referred to as the ‘‘Institute’’), for the purpose of ena23 bling the Corporation to sell the property to the Institute

24 for the economic development of former Fort Ritchie.
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1 (b) EXEMPTION FROM FEDERAL SCREENING REQUIRE2 MENT.—The conveyance authorized by subsection (a) shall

3 be exempt from the requirement to screen the property con4 cerned for further Federal use pursuant to section 2696 of

5 title 10, United States Code, under the Defense Base and

6 Realignment Act of 1990 (part A of title XXIX of Public

7 Law 101–510; 10 U.S.C. 2687 note) or under any other

8 applicable law or regulation.

9 (c) DESCRIPTION OF PROPERTY.—The exact acreage

10 and legal description of the real property to be conveyed

11 under subsection (a) shall be determined by a survey satis12 factory to the Secretary. The cost of the survey shall be borne

13 by the Corporation.

14 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

16 in connection with the conveyance under subsection (a) as

17 the Secretary considers appropriate to protect the interests

18 of the United States.

19 SEC. 2827. FEASIBILITY STUDY OF CONVEYANCE OF LOU20 ISIANA ARMY AMMUNITION PLANT, DOYLINE,

21 LOUISIANA.

22 (a) STUDY REQUIRED.—(1) The Secretary of the Army

23 shall conduct a study of the feasibility, costs, and benefits

24 for the conveyance of the Louisiana Army Ammunition

25 Plant as a model for a public-private partnership for the
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1 utilization and development of the Plant and similar par2 cels of real property.

3 (2) In conducting the study, the Secretary shall

4 consider—

5 (A) the feasibility and advisability of entering

6 into negotiations with the State of Louisiana or the

7 Louisiana National Guard for the conveyance of the

8 Plant;

9 (B) means by which the conveyance of the Plant

10 could—

11 (i) facilitate the execution by the Depart12 ment of Defense of its national security mission;

13 and

14 (ii) facilitate the continued use of the Plant

15 by the Louisiana National Guard and the execu16 tion by the Louisiana National Guard of its na17 tional security mission;

18 (C) evidence presented by the State of Louisiana

19 of the means by which the conveyance of the Plant

20 could benefit current and potential private sector and

21 governmental tenants of the Plant and facilitate the

22 contribution of such tenants to economic development

23 in Northwestern Louisiana;

24 (D) the amount and type of consideration that

25 is appropriate for the conveyance of the Plant;
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1 (E) the evidence presented by the State of Lou2 isiana of the extent to which the conveyance of the

3 Plant to a public-private partnership will contribute

4 to economic growth in the State of Louisiana and in

5 Northwestern Louisiana in particular;

6 (F) the value of any mineral rights in the lands

7 of the Plant; and

8 (G) the advisability of sharing revenues and

9 rents paid by current and potential tenants of the

10 Plant as a result of the Armament Retooling and

11 Manufacturing Support Program.

12 (b) LOUISIANA ARMY AMMUNITION PLANT.—In this

13 section, the term ‘‘Louisiana Army Ammunition Plant’’

14 means the Louisiana Army Ammunition Plant in Doyline,

15 Louisiana, consisting of approximately 14,949 acres, of

16 which 13,665 acres are under license to the Military De17 partment of the State of Louisiana and 1,284 acres are used

18 by the Army Joint Munitions Command.

19 (c) REPORT.—Not later than 180 days after the date

20 of the enactment of this Act, the Secretary shall submit to

21 the Committees on Armed Services of the Senate and the

22 House or Representatives a report on the study conducted

23 under subsection (a). The report shall include the results

24 of the study and any other matters in light of the study

25 that the Secretary considers appropriate.
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1 Subtitle D—Review of Overseas

2 Military Facility Structure

3 SEC. 2841. SHORT TITLE.

4 This subtitle may be cited as the ‘‘Overseas Military

5 Facility and Range Structure Review Act of 2003’’.

6 SEC. 2842. ESTABLISHMENT OF COMMISSION.

7 (a) ESTABLISHMENT.—There is established the Com8 mission on the Review of the Overseas Military Facility

9 and Range Structure of the United States (in this subtitle

10 referred to as the ‘‘Commission’’).

11 (b) MEMBERSHIP.—(1) The Commission shall be com12 posed of 9 members of whom—

13 (A) one shall be appointed by the Secretary of

14 Defense;

15 (B) two shall be appointed by the Majority

16 Leader of the Senate, in consultation with the Chair17 man of the Committee on Armed Services of the Sen18 ate and the Chairman of the Subcommittee on De19 fense of the Committee on Appropriations of the Sen20 ate;

21 (C) two shall be appointed by the Minority

22 Leader of the Senate, in consultation with the Rank23 ing Member of the Committee on Armed Services of

24 the Senate and the Ranking Member of the Sub-
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1 committee on Defense of the Committee on Appropria2 tions of the Senate;

3 (D) two shall be appointed by the Speaker of the

4 House of Representatives, in consultation with the

5 Chairman of the Committee on Armed Services of the

6 House of Representatives and the Chairman of the

7 Subcommittee on Defense of the Committee on Appro8 priations of the House of Representatives; and

9 (E) two shall be appointed by the Minority

10 Leader of the House of Representatives, in consulta11 tion with the Ranking Member of the Committee on

12 Armed Services of the House of Representatives and

13 the Ranking Member of the Subcommittee on Defense

14 of the Committee on Appropriations of the House of

15 Representatives.

16 (2) Individuals appointed to the Commission shall

17 have significant experience in the national security or for18 eign policy of the United States.

19 (3) Appointments of the members of the Commission

20 shall be made not later than 45 days after the date of the

21 enactment of this Act.

22 (c) PERIOD OF APPOINTMENT; VACANCIES.—Members

23 shall be appointed for the life of the Commission. Any va24 cancy in the Commission shall not affect its powers, but
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1 shall be filled in the same manner as the original appoint2 ment.

3 (d) INITIAL MEETING.—Not later than 30 days after

4 the date on which all members of the Commission have been

5 appointed, the Commission shall hold its first meeting.

6 (e) MEETINGS.—The Commission shall meet at the call

7 of the Chairman.

8 (f) QUORUM.—A majority of the members of the Com9 mission shall constitute a quorum, but a lesser number of

10 members may hold hearings.

11 (g) CHAIRMAN AND VICE CHAIRMAN.—The Commis12 sion shall select a Chairman and Vice Chairman from

13 among its members.

14 SEC. 2843. DUTIES OF COMMISSION.

15 (a) STUDY.—The Commission shall conduct a thor16 ough study of matters relating to the military facility and

17 range structure of the United States overseas.

18 (b) MATTERS TO BE STUDIED.—In conducting the

19 study, the Commission shall—

20 (1) assess the number of military personnel of

21 the United States required to be based outside the

22 United States;

23 (2) examine the current state of the military fa24 cilities and training ranges of the United States over25 seas for all permanent stations and deployed loca-
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1 tions, including the condition of land and improve2 ments at such facilities and ranges and the avail3 ability of additional land, if required, for such facili4 ties and ranges;

5 (3) identify the amounts received by the United

6 States, whether in direct payments, in-kind contribu7 tions, or otherwise, from foreign countries by reason

8 of military facilities of the United States overseas;

9 (4) assess whether or not the current military

10 basing and training range structure of the United

11 States overseas is adequate to meet the current and

12 future mission of the Department of Defense, includ13 ing contingency, mobilization, and future force re14 quirements;

15 (5) assess the feasibility and advisability of the

16 closure or realignment of military facilities of the

17 United States overseas, or the establishment of new

18 military facilities of the United States overseas, to

19 meet the requirements of the Department of Defense to

20 provide for the national security of the United States;

21 and

22 (6) consider or assess any other issue relating to

23 military facilities and ranges of the United States

24 overseas that the Commission considers appropriate.
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1 (c) REPORT.—(1) Not later than August 30, 2004, the

2 Commission shall submit to the President and Congress a

3 report which shall contain a detailed statement of the find4 ings and conclusions of the Commission, together with its

5 recommendations for such legislation and administrative

6 actions as it considers appropriate.

7 (2) In addition to the matters specified in paragraph

8 (1), the report shall also include a proposal by the Commis9 sion for an overseas basing strategy for the Department of

10 Defense in order to meet the current and future mission

11 of the Department.

12 SEC. 2844. POWERS OF COMMISSION.

13 (a) HEARINGS.—The Commission may hold such hear14 ings, sit and act at such times and places, take such testi15 mony, and receive such evidence as the Commission con16 siders advisable to carry out this subtitle.

17 (b) INFORMATION FROM FEDERAL AGENCIES.—The

18 Commission may secure directly from any Federal depart19 ment or agency such information as the Commission con20 siders necessary to carry out this subtitle. Upon request of

21 the Chairman of the Commission, the head of such depart22 ment or agency shall furnish such information to the Com23 mission.

24 (c) ADMINISTRATIVE SUPPORT SERVICES.—Upon re25 quest of the Commission, the Administrator of General
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1 Services shall provide to the Commission, on a reimbursable

2 basis, the administrative support necessary for the Commis3 sion to carry out its duties under this subtitle.

4 (d) POSTAL SERVICES.—The Commission may use the

5 United States mails in the same manner and under the

6 same conditions as other departments and agencies of the

7 Federal Government.

8 (e) GIFTS.—The Commission may accept, use, and dis9 pose of gifts or donations of services or property.

10 SEC. 2845. COMMISSION PERSONNEL MATTERS.

11 (a) COMPENSATION OF MEMBERS.—Each member of

12 the Commission who is not an officer or employee of the

13 Federal Government shall be compensated at a rate equal

14 to the daily equivalent of the annual rate of basic pay pre15 scribed for level IV of the Executive Schedule under section

16 5315 of title 5, United States Code, for each day (including

17 travel time) during which such member is engaged in the

18 performance of the duties of the Commission under this sub19 title. All members of the Commission who are officers or

20 employees of the United States shall serve without com21 pensation in addition to that received for their services as

22 officers or employees of the United States.

23 (b) TRAVEL.—(1) Members of the Commission shall be

24 allowed travel expenses, including per diem in lieu of sub25 sistence, at rates authorized for employees of agencies under
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1 subchapter I of chapter 57 of title 5, United States Code,

2 while away from their homes or regular places of business

3 in the performance of services for the Commission under

4 this subtitle.

5 (2) Members and staff of the Commission may receive

6 transportation on aircraft of the Military Airlift Command

7 to and from the United States, and overseas, for purposes

8 of the performance of the duties of the Commission to the

9 extent that such transportation will not interfere with the

10 requirements of military operations.

11 (c) STAFF.—(1) The Chairman of the Commission

12 may, without regard to the civil service laws and regula13 tions, appoint and terminate an executive director and such

14 other additional personnel as may be necessary to enable

15 the Commission to perform its duties under this subtitle.

16 The employment of an executive director shall be subject to

17 confirmation by the Commission.

18 (2) The Commission may employ a staff to assist the

19 Commission in carrying out its duties. The total number

20 of the staff of the Commission, including an executive direc21 tor under paragraph (1), may not exceed 12.

22 (3) The Chairman of the Commission may fix the com23 pensation of the executive director and other personnel with24 out regard to chapter 51 and subchapter III of chapter 53

25 of title 5, United States Code, relating to classification of
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1 positions and General Schedule pay rates, except that the

2 rate of pay for the executive director and other personnel

3 may not exceed the rate payable for level V of the Executive

4 Schedule under section 5316 of such title.

5 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any em6 ployee of the Department of Defense, the Department of

7 State, or the General Accounting Office may be detailed to

8 the Commission without reimbursement, and such detail

9 shall be without interruption or loss of civil service status

10 or privilege.

11 (e) PROCUREMENT OF TEMPORARY AND INTERMIT12 TENT SERVICES.—The Chairman of the Commission may

13 procure temporary and intermittent services under section

14 3109(b) of title 5, United States Code, at rates for individ15 uals which do not exceed the daily equivalent of the annual

16 rate of basic pay prescribed for level V of the Executive

17 Schedule under section 5316 of such title.

18 SEC. 2846. SECURITY.

19 (a) SECURITY CLEARANCES.—Members and staff of the

20 Commission, and any experts and consultants to the Com21 mission, shall possess security clearances appropriate for

22 their duties with the Commission under this subtitle.

23 (b) IN GENERAL.—The Secretary of Defense shall as24 sume responsibility for the handling and disposition of any

25 information relating to the national security of the United
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1 States that is received, considered, or used by the Commis2 sion under this subtitle.

3 SEC. 2847. TERMINATION OF COMMISSION.

4 The Commission shall terminate 45 days after the date

5 on which the Commission submits its report under section

6 2843(c).

7 SEC. 2848. FUNDING.

8 (a) IN GENERAL.—Of the amount authorized to be ap9 propriated by section 301(5) for the Department of Defense

10 for operation and maintenance, Defense-wide, $3,000,000

11 shall be available to the Commission to carry out this sub12 title.

13 (b) AVAILABILITY.—The amount authorized to be ap14 propriated by subsection (a) shall remain available, without

15 fiscal year limitation, until September 30, 2005.
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1 DIVISION C—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 AUTHORIZATIONS AND

4 OTHER AUTHORIZATIONS

5 TITLE XXXI—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 PROGRAMS

8 Subtitle A—National Security

9 Programs Authorizations

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

13 hereby authorized to be appropriated to the Department of

14 Energy for fiscal year 2004 for the activities of the National

15 Nuclear Security Administration in carrying out programs

16 necessary for national security in the amount of

17 $8,933,847,000, to be allocated as follows:

18 (1) For weapons activities, $6,457,272,000.

19 (2) For defense nuclear nonproliferation activi20 ties, $1,340,195,000.

21 (3) For naval reactors, $788,400,000.

22 (4) For the Office of the Administrator for Nu23 clear Security, $347,980,000.

24 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

25 From funds referred to in subsection (a) that are available
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1 for carrying out plant projects, the Secretary of Energy

2 may carry out new plant projects for weapons activities,

3 as follows:

4 (1) Project 04–D–101, test capabilities revital5 ization, phase I, Sandia National Laboratories, Albu6 querque, New Mexico, $36,450,000.

7 (2) Project 04–D–102, exterior communications

8 infrastructure modernization, Sandia National Lab9 oratories, Albuquerque, New Mexico, $20,000,000.

10 (3) Project 04–D–103, project engineering and

11 design, various locations, $2,000,000.

12 (4) Project 04–D–125, chemistry and metallurgy

13 research (CMR) facility replacement, Los Alamos Na14 tional Laboratory, Los Alamos, New Mexico,

15 $20,500,000.

16 (5) Project 04–D–126, building 12–44 produc17 tion cells upgrade, Pantex Plant, Amarillo, Texas,

18 $8,780,000.

19 (6) Project 04–D–127, cleaning and loading

20 modifications (CALM), Savannah River Site, Aiken,

21 South Carolina, $2,750,000.

22 (7) Project 04–D–128, TA–18 mission relocation

23 project, Los Alamos National Laboratory, Los Ala24 mos, New Mexico, $8,820,000.
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1 (8) Project 04–D–203, project engineering and

2 design, facilities and infrastructure recapitalization

3 program, various locations, $3,719,000.

4 (9) Project 03–D–102, sm.43 replacement ad5 ministration building, Los Alamos National Labora6 tory, Los Alamos, New Mexico, $50,000,000.

7 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

9 hereby authorized to be appropriated to the Department of

10 Energy for fiscal year 2004 for environmental management

11 activities in carrying out programs necessary for national

12 security in the amount of $6,809,814,000, to be allocated

13 as follows:

14 (1) For defense site acceleration completion,

15 $5,814,635,000.

16 (2) For defense environmental services in car17 rying out environmental restoration and waste man18 agement activities necessary for national security pro19 grams, $995,179,000.

20 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

21 From funds referred to in subsection (a) that are available

22 for carrying out plant projects, the Secretary of Energy

23 may carry out new plant projects for defense site accelera24 tion completion activities, as follows:
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1 (1) Project 04–D–408, glass waste storage build2 ing #2, Savannah River Site, Aiken, South Carolina,

3 $20,259,000.

4 (2) Project 04–D–414, project engineering and

5 design, various locations, $23,500,000.

6 (3) Project 04–D–423, 3013 container surveil7 lance capability in 235–F, Savannah River Site,

8 Aiken, South Carolina, $1,134,000.

9 SEC. 3103. OTHER DEFENSE ACTIVITIES.

10 Funds are hereby authorized to be appropriated to the

11 Department of Energy for fiscal year 2004 for other defense

12 activities in carrying out programs necessary for national

13 security in the amount of $465,059,000.

14 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

15 Funds are hereby authorized to be appropriated to the

16 Department of Energy for fiscal year 2004 for defense nu17 clear waste disposal for payment to the Nuclear Waste Fund

18 established in section 302(c) of the Nuclear Waste Policy

19 Act of 1982 (42 U.S.C. 10222(c)) in the amount of

20 $360,000,000.

21 SEC. 3105. DEFENSE ENERGY SUPPLY.

22 Funds are hereby authorized to be appropriated to the

23 Department of Energy for fiscal year 2004 for defense en24 ergy supply in carrying out programs necessary for na25 tional security in the amount of $110,473,000.
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1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions

4 SEC. 3131. REPEAL OF PROHIBITION ON RESEARCH AND DE5 VELOPMENT OF LOW-YIELD NUCLEAR WEAP6 ONS.

7 (a) REPEAL.—Section 3136 of the National Defense

8 Authorization Act for Fiscal Year 1994 (Public Law 103–

9 160; 107 Stat. 1946; 42 U.S.C. 2121 note) is repealed.

10 (b) CONSTRUCTION.—Nothing in the repeal made by

11 subsection (a) shall be construed as authorizing the testing,

12 acquisition, or deployment of a low-yield nuclear weapon.

13 (c) LIMITATION.—The Secretary of Energy may not

14 commence the engineering development phase, or any subse15 quent phase, of a low-yield nuclear weapon unless specifi16 cally authorized by Congress.

17 (d) REPORT.—(1) Not later than March 1, 2004, the

18 Secretary of State, the Secretary of Defense and the Sec19 retary of Energy shall jointly submit to Congress a report

20 assessing whether or not the repeal of section 3136 of the

21 National Defense Authorization Act for Fiscal Year 1994

22 will affect the ability of the United States to achieve its

23 nonproliferation objectives and whether or not any changes

24 in programs and activities would be required to achieve

25 those objectives.
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1 (2) The report shall be submitted in unclassified form,

2 but may include a classified annex if necessary.

3 SEC. 3132. READINESS POSTURE FOR RESUMPTION BY THE

4 UNITED STATES OF UNDERGROUND NU5 CLEAR WEAPONS TESTS.

6 (a) 18-MONTH READINESS POSTURE REQUIRED.—

7 Commencing not later than October 1, 2006, the Secretary

8 of Energy shall achieve, and thereafter maintain, a readi9 ness posture of 18 months for resumption by the United

10 States of underground nuclear tests, subject to subsection

11 (b).

12 (b) ALTERNATIVE READINESS POSTURE.—If as a re13 sult of the review conducted by the Secretary for purposes

14 of the report required by section 3142(c) of the Bob Stump

15 National Defense Authorization Act for Fiscal Year 2003

16 (Public Law 107–314; 116 Stat. 2733) the Secretary, in

17 consultation with the Administrator for Nuclear Security,

18 determines that the optimal, advisable, and preferred readi19 ness posture for resumption by the United States of under20 ground nuclear tests is a number of months other than 18

21 months, the Secretary may, and is encouraged to, achieve

22 and thereafter maintain under subsection (a) such optimal,

23 advisable, and preferred readiness posture instead of the

24 readiness posture of 18 months.
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1 (c) REPORT ON DETERMINATION.—(1) The Secretary

2 shall submit to the congressional defense committees a re3 port on a determination described in subsection (b) if the

4 determination leads to the achievement by the Secretary of

5 a readiness posture of other than 18 months under that sub6 section.

7 (2) The report under paragraph (1) shall set forth—

8 (A) the determination described in that para9 graph, including the reasons for the determination;

10 and

11 (B) the number of months of the readiness pos12 ture to be achieved and maintained under subsection

13 (b) as a result of the determination.

14 (3) The requirement for a report, if any, under para15 graph (1) is in addition to the requirement for a report

16 under section 3142(c) of the Bob Stump National Defense

17 Authorization Act for Fiscal Year 2003, and the require18 ment in that paragraph shall not be construed as termi19 nating, modifying, or otherwise affecting the requirement

20 for a report under such section.

21 (d) READINESS POSTURE.—For purposes of this sec22 tion, a readiness posture of a specified number of months

23 for resumption by the United States of underground nuclear

24 weapons tests is achieved when the Department of Energy

25 has the capability to resume such tests, if directed by the
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1 President to resume such tests, not later than the specified

2 number of months after the date on which the President so

3 directs.

4 SEC. 3133. TECHNICAL BASE AND FACILITIES MAINTE5 NANCE AND RECAPITALIZATION ACTIVITIES.

6 (a) DEADLINE FOR INCLUSION OF PROJECTS IN FA7 CILITIES AND INFRASTRUCTURE RECAPITALIZATION PRO8 GRAM.—(1) The Administrator for Nuclear Security shall

9 complete the selection of projects for inclusion in the Facili10 ties and Infrastructure Recapitalization Program (FIRP)

11 of the National Nuclear Security Administration not later

12 than September 30, 2004.

13 (2) No project may be included in the Facilities and

14 Infrastructure Recapitalization Program after September

15 30, 2004, unless such project has been selected for inclusion

16 in that program as of that date.

17 (b) TERMINATION OF FACILITIES AND INFRASTRUC18 TURE RECAPITALIZATION PROGRAM.—The Administrator

19 shall terminate the Facilities and Infrastructure Recapital20 ization Program not later than September 30, 2011.

21 (c) READINESS IN TECHNICAL BASE AND FACILITIES

22 PROGRAM.—(1) Not later than September 30, 2004, the Ad23 ministrator shall submit to the congressional defense com24 mittees a report setting forth guidelines on the conduct of
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1 the Readiness in Technical Base and Facilities (RTBF)

2 program of the National Nuclear Security Administration.

3 (2) The guidelines on the Readiness in Technical Base

4 and Facilities program shall include the following:

5 (A) Criteria for the inclusion of projects in the

6 program, and for establishing priorities among

7 projects included in the program.

8 (B) Mechanisms for the management of facilities

9 under the program, including maintenance as pro10 vided pursuant to subparagraph (C).

11 (C) A description of the scope of maintenance ac12 tivities under the program, including recurring main13 tenance, construction of facilities, recapitalization of

14 facilities, and decontamination and decommissioning

15 of facilities.

16 (3) The guidelines on the Readiness in Technical Base

17 and Facilities program shall ensure that the maintenance

18 activities provided for under paragraph (2)(C) are carried

19 out in a timely and efficient manner designed to avoid

20 maintenance backlogs.

21 (d) OPERATIONS OF FACILITIES PROGRAM.—(1) The

22 Administration shall provide for the administration of the

23 Operations of Facilities Program of the National Nuclear

24 Security Administration as a program independent of the

25 Readiness in Technical Base and Facilities Program and
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1 of any other programs that the Operations of Facilities Pro2 gram is intended to support.

3 (2) The Operations of Facilities Program shall be

4 managed by the Associate Administrator of the National

5 Nuclear Security Administration for Facilities and Oper6 ations, or by such other official within the National Nuclear

7 Security Administration as the Administrator shall des8 ignate for that purpose.

9 SEC. 3134. CONTINUATION OF PROCESSING, TREATMENT,

10 AND DISPOSITION OF LEGACY NUCLEAR MA11 TERIALS.

12 (a) CONTINUATION OF H–CANYON FACILITY.—Sub13 section (a) of section 3137 of the Floyd D. Spence National

14 Defense Authorization Act for Fiscal Year 2001 (as enacted

15 into law by Public Law 106–398; 114 Stat. 1654A–460)

16 is amended by striking ‘‘F–canyon and H–canyon facili17 ties’’ and inserting ‘‘H–canyon facility’’.

18 (b) MODIFICATION OF LIMITATION ON USE OF FUNDS

19 FOR DECOMMISSIONING F–CANYON FACILITY.—Subsection

20 (b) of such section is amended—

21 (1) by striking ‘‘and the Defense Nuclear Facili22 ties Safety Board’’ and all that follows through

23 ‘‘House of Representatives’’ and inserting ‘‘submits to

24 the Committee on Armed Services of the Senate and

25 the Committee on Armed Services of the House of
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1 Representatives, and the Defense Nuclear Facilities

2 Safety Board,’’; and

3 (2) by striking ‘‘the following:’’ and all that fol4 lows and inserting ‘‘a report setting forth—

5 ‘‘(1) an assessment whether or not all materials

6 present in the F–canyon facility as of the date of the

7 report that required stabilization have been safely sta8 bilized as of that date;

9 ‘‘(2) an assessment whether or not the require10 ments applicable to the F–canyon facility to meet the

11 future needs of the United States for fissile materials

12 disposition can be met through full use of the H–can13 yon facility at the Savannah River Site; and

14 ‘‘(3) if it appears that one or more of the re15 quirements described in paragraph (2) cannot be met

16 through full use of the H–canyon facility—

17 ‘‘(A) an identification by the Secretary of

18 each such requirement that cannot be met

19 through full use of the H–canyon facility; and

20 ‘‘(B) for each requirement so identified, the

21 reasons why such requirement cannot be met

22 through full use of the H–canyon facility and a

23 description of the alternative capability for

24 fissile materials disposition that is needed to

25 meet such requirement.’’.
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1 (c) REPEAL OF SUPERSEDED PLAN REQUIREMENT.—

2 Subsection (c) of such section is repealed.

3 SEC. 3135. REQUIREMENT FOR SPECIFIC AUTHORIZATION

4 OF CONGRESS FOR COMMENCEMENT OF EN5 GINEERING DEVELOPMENT PHASE OR SUBSE6 QUENT PHASE OF ROBUST NUCLEAR EARTH

7 PENETRATOR.

8 The Secretary of Energy may not commence the engi9 neering development phase (phase 6.3) of the nuclear weap10 ons development process, or any subsequent phase, of a Ro11 bust Nuclear Earth Penetrator weapon unless specifically

12 authorized by Congress.

13 Subtitle C—Proliferation Matters

14 SEC. 3141. EXPANSION OF INTERNATIONAL MATERIALS

15 PROTECTION, CONTROL, AND ACCOUNTING

16 PROGRAM.

17 (a) EXPANSION OF PROGRAM TO ADDITIONAL COUN18 TRIES.—The Secretary of Energy may expand the Inter19 national Materials, Protection, Control, and Accounting

20 Program to carry out nuclear nonproliferation threat re21 duction activities and projects outside the states of the

22 former Soviet Union.

23 (b) NOTICE TO CONGRESS OF USE OF FUNDS.—Not

24 later than 15 days before the Secretary obligates funds for

25 the International Materials Protection, Control, and Ac-
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1 counting Program for a project or activity in or with re2 spect to a country outside the former Soviet Union pursu3 ant to the authority in subsection (a), the Secretary shall

4 submit to the congressional defense committees a notice on

5 the obligation of such funds for the project or activity that

6 shall specify—

7 (1) the project or activity, and forms of assist8 ance, for which the Secretary proposes to obligate such

9 funds;

10 (2) the amount of the proposed obligation; and

11 (3) the projected involvement (if any) of any

12 United States department or agency (other than the

13 Department of Energy), or the private sector, in the

14 project, activity, or assistance for which the Secretary

15 proposes to obligate such funds.

16 SEC. 3142. SEMI-ANNUAL FINANCIAL REPORTS ON DE17 FENSE NUCLEAR NONPROLIFERATION PRO18 GRAM.

19 (a) SEMIANNUAL REPORTS REQUIRED.—Not later

20 than April 30 and October 30 each year, the Administrator

21 for Nuclear Security shall submit to the Committees on

22 Armed Services of the Senate and the House of Representa23 tives a report on the financial status during the half fiscal

24 year ending at the end of the preceding month of all Depart25 ment of Energy defense nuclear nonproliferation programs
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1 for which funds were authorized to be appropriated for the

2 fiscal year in which such half fiscal year falls.

3 (b) CONTENTS.—Each report on a half fiscal year

4 under subsection (a) shall set forth for each Department of

5 Energy defense nuclear nonproliferation program for which

6 funds were authorized to be appropriated for the fiscal year

7 in which such half fiscal year falls—

8 (1) the aggregate amount appropriated for such

9 fiscal year for such program; and

10 (2) of the aggregate amount appropriated for

11 such fiscal year for such program—

12 (A) the amounts obligated for such program

13 as of the end of the half fiscal year;

14 (B) the amounts committed for such pro15 gram as of the end of the half fiscal year;

16 (C) the amounts disbursed for such program

17 as of the end of the half fiscal year; and

18 (D) the amounts that remain available for

19 obligation for such program as of the end of the

20 half fiscal year.

21 (c) APPLICABILITY.—This section shall apply with re22 spect to fiscal years after fiscal year 2003.
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1 SEC. 3143. REPORT ON REDUCTION OF EXCESSIVE

2 UNCOSTED BALANCES FOR DEFENSE NU3 CLEAR NONPROLIFERATION ACTIVITIES.

4 (a) CONTINGENT REQUIREMENT FOR REPORT.—If as

5 of September 30, 2004, the aggregate amount obligated but

6 not expended for defense nuclear nonproliferation activities

7 from amounts authorized to be appropriated for such activi8 ties in fiscal year 2004 exceeds an amount equal to 20 per9 cent of the aggregate amount so obligated for such activities,

10 the Administrator for Nuclear Security shall submit to the

11 Committees on Armed Services of the Senate and the House

12 of Representatives a report containing an aggressive plan

13 to provide for the timely expenditure of amounts so obli14 gated but not expended.

15 (b) SUBMITTAL DATE.—If required to be submitted

16 under subsection (a), the submittal date for the report under

17 that subsection shall be November 30, 2004.

18 Subtitle D—Other Matters

19 SEC. 3151. MODIFICATION OF AUTHORITIES ON DEPART20 MENT OF ENERGY PERSONNEL SECURITY IN21 VESTIGATIONS.

22 (a) IN GENERAL.—Subsection e. of section 145 of the

23 Atomic Energy Act of 1954 (42 U.S.C. 2165) is amended

24 by striking paragraph (2) and inserting the following new

25 paragraph (2):
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1 ‘‘(2) In the case of any program designated by the Sec2 retary of Energy as sensitive, the Secretary may require

3 that any investigation required by subsections a., b., and

4 c. of an individual employed in the program be made by

5 the Federal Bureau of Investigation.’’.

6 (b) CONFORMING AMENDMENT.—Subsection f. of such

7 section is amended by striking ‘‘a majority of the members

8 of the Commission shall certify those specific positions’’ and

9 inserting ‘‘the Secretary of Energy may certify specific po10 sitions (in addition to positions in programs designated as

11 sensitive under subsection e.)’’.

12 SEC. 3152. RESPONSIBILITIES OF ENVIRONMENTAL MAN13 AGEMENT PROGRAM AND NATIONAL NU14 CLEAR SECURITY ADMINISTRATION OF DE15 PARTMENT OF ENERGY FOR ENVIRON16 MENTAL CLEANUP, DECONTAMINATION AND

17 DECOMMISSIONING, AND WASTE MANAGE18 MENT.

19 (a) DELINEATION OF RESPONSIBILITIES.—The Sec20 retary of Energy shall include in the budget justification

21 materials submitted to Congress in support of the Depart22 ment of Energy budget for fiscal year 2005 (as submitted

23 with the budget of the President under section 1105(a) of

24 title 31, United States Code) a report setting forth a delin25 eation of responsibilities between and among the Environ-
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1 mental Management (EM) program and the National Nu2 clear Security Administration (NNSA) of the Department

3 of Energy for activities on each of the following:

4 (1) Environmental cleanup.

5 (2) Decontamination and decommissioning

6 (D&D).

7 (3) Waste management.

8 (b) PLAN FOR IMPLEMENTATION OF DELINEATED RE9 SPONSIBILITIES.—(1) The Secretary shall include in the

10 budget justification materials submitted to Congress in sup11 port of the Department of Energy budget for fiscal year

12 2006 (as so submitted) a report setting forth a plan to im13 plement among the Environmental Management program

14 and the National Nuclear Security Administration the re15 sponsibilities for activities referred to in subsection (a) as

16 delineated under that subsection.

17 (2) The report under paragraph (1) shall include such

18 recommendations for legislative action as the Secretary con19 siders appropriate in order to—

20 (A) clarify in law the responsibilities delineated

21 under subsection (a); and

22 (B) facilitate the implementation of the plan set

23 forth in the report.

24 (c) CONSULTATION.—The Secretary shall carry out

25 this section in consultation with the Administrator for Nu-
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1 clear Security and the Under Secretary of Energy for En2 ergy, Science, and Environment.

3 SEC. 3153. UPDATE OF REPORT ON STOCKPILE STEWARD4 SHIP CRITERIA.

5 (a) UPDATE OF REPORT.—Not later than March 1,

6 2005, the Secretary of Energy shall submit to the commit7 tees referred to in subsection (c) of section 4202 of the Atom8 ic Energy Defense Act a report updating the report sub9 mitted under subsection (a) of such section.

10 (b) ELEMENTS.—The report under subsection (a) of

11 this section shall—

12 (1) update any information or criteria described

13 in the report submitted under such section 4202;

14 (2) describe any additional information identi15 fied, or criteria established, on matters covered by

16 such section 4202 during the period beginning on the

17 date of the submittal of the report under such section

18 4202 and ending on the date of the submittal of the

19 report under subsection (a) of this section; and

20 (3) for each science-based tool developed by the

21 Department of Energy during such period—

22 (A) a description of the relationship of such

23 science-based tool to the collection of information

24 needed to determine that the nuclear weapons

25 stockpile is safe and reliable; and
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1 (B) a description of the criteria for judging

2 whether or not such science-based tool provides

3 for the collection of such information.

4 SEC. 3154. PROGRESS REPORTS ON ENERGY EMPLOYEES

5 OCCUPATIONAL ILLNESS COMPENSATION

6 PROGRAM.

7 (a) REPORT ON ACCESS TO INFORMATION FOR PER8 FORMANCE OF RADIATION DOSE RECONSTRUCTIONS.—(1)

9 Not later than 90 days after the date of the enactment of

10 this Act, the National Institute for Occupational Safety and

11 Health shall submit to Congress a report on the ability of

12 the Institute to obtain, in a timely, accurate, and complete

13 manner, information necessary for the purpose of carrying

14 out radiation dose reconstructions under the Energy Em15 ployees Occupational Illness Compensation Program Act of

16 2000 (42 U.S.C. 7384 et seq.), including information re17 quested from any element of the Department of Energy.

18 (2) The report shall include the following:

19 (A) An identification of each matter adversely

20 affecting the ability of the Institute to obtain infor21 mation described in paragraph (1) in a timely, accu22 rate, and complete manner.

23 (B) For each facility with respect to which the

24 Institute is carrying out one or more dose reconstruc25 tions described in paragraph (1)—
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1 (i) a specification of the total number of

2 claims requiring dose reconstruction;

3 (ii) a specification of the number of claims

4 for which dose reconstruction has been adversely

5 affected by any matter identified under para6 graph (1); and

7 (iii) a specification of the number of claims

8 requiring dose reconstruction for which, because

9 of any matter identified under paragraph (1),

10 dose reconstruction has not been completed with11 in 150 days after the date on which the Sec12 retary of Labor submitted the claim to the Sec13 retary of Health and Human Services.

14 (b) REPORT ON DENIAL OF CLAIMS.—(1) Not later

15 than 90 days after the date of the enactment of this Act,

16 the Secretary of Labor shall submit to Congress a report

17 on the denial of claims under the Energy Employees Occu18 pational Illness Compensation Program Act of 2000 as of

19 the date of such report.

20 (2) The report shall include for each facility with re21 spect to which the Secretary has received one or more claims

22 under that Act the following:

23 (A) The number of claims received with respect

24 to such facility that have been denied, including the
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1 percentage of total number of claims received with re2 spect to such facility that have been denied.

3 (B) The reasons for the denial of such claims, in4 cluding the number of claims denied for each such

5 reason.

6 SEC. 3155. STUDY ON THE APPLICATION OF TECHNOLOGY

7 FROM THE ROBUST NUCLEAR EARTH PENE8 TRATOR PROGRAM TO CONVENTIONAL HARD

9 AND DEEPLY BURIED TARGET WEAPONS DE10 VELOPMENT PROGRAMS.

11 (a) FINDINGS.—Much of the work that will be carried

12 out by the Secretary of Energy in the feasibility study for

13 the Robust Nuclear Earth Penetrator will have applica14 bility to a nuclear or a conventional earth penetrator, but

15 the Department of Energy does not have responsibility for

16 development of conventional earth penetrator or other con17 ventional programs for hard and deeply buried targets.

18 (b) PLAN.—The Secretary of Energy and the Secretary

19 of Defense shall develop, submit to Congress three months

20 after the date of enactment of this Act, and implement, a

21 plan to coordinate the Robust Nuclear Earth Penetrator

22 feasibility study at the Department of Energy with the on23 going conventional hard and deeply buried weapons devel24 opment programs at the Department of Defense. This plan

25 shall ensure that over the course of the feasibility study for
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1 the Robust Nuclear Earth Penetrator the ongoing results of

2 the work of the Department of Energy, with application to

3 the Department of Defense programs, is shared with and

4 integrated into the Department of Defense programs.

5 Subtitle E—Consolidation of Gen6 eral Provisions on Department

7 of Energy National Security Pro8 grams

9 SEC. 3161. CONSOLIDATION AND ASSEMBLY OF RECUR10 RING AND GENERAL PROVISIONS ON DE11 PARTMENT OF ENERGY NATIONAL SECURITY

12 PROGRAMS.

13 (a) PURPOSE.—

14 (1) IN GENERAL.—The purpose of this section is

15 to assemble together, without substantive amendment

16 but with technical and conforming amendments of a

17 non-substantive nature, recurring and general provi18 sions of law on Department of Energy national secu19 rity programs that remain in force in order to con20 solidate and organize such provisions of law into a

21 single Act intended to comprise general provisions of

22 law on such programs.

23 (2) CONSTRUCTION OF TRANSFERS.—The trans24 fer of a provision of law by this section shall not be
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1 construed as amending, altering, or otherwise modi2 fying the substantive effect of such provision.

3 (3) TREATMENT OF SATISFIED REQUIRE4 MENTS.—Any requirement in a provision of law

5 transferred under this section that has been fully sat6 isfied in accordance with the terms of such provision

7 of law as of the date of transfer under this section

8 shall be treated as so fully satisfied, and shall not be

9 treated as being revived solely by reason of transfer

10 under this section.

11 (4) CLASSIFICATION.—The provisions of the

12 Atomic Energy Defense Act, as amended by this sec13 tion, shall be classified to the United States Code as

14 a new chapter of title 50, United States Code.

15 (b) DIVISION HEADING.—The Bob Stump National

16 Defense Authorization Act for Fiscal Year 2003 (Public

17 Law 107–314) is amended by adding at the end the fol18 lowing new division heading:

19 ‘‘DIVISION D—ATOMIC ENERGY

20 DEFENSE PROVISIONS’’.

21 (c) SHORT TITLE; DEFINITION.—

22 (1) SHORT TITLE.—Section 3601 of the Atomic

23 Energy Defense Act (title XXXVI of Public Law 107–

24 314; 116 Stat. 2756) is—
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1 (A) transferred to the end of the Bob Stump

2 National Defense Authorization Act for Fiscal

3 Year 2003;

4 (B) redesignated as section 4001;

5 (C) inserted after the heading for division D

6 of the Bob Stump National Defense Authoriza7 tion Act for Fiscal Year 2003, as added by sub8 section (b); and

9 (D) amended by striking ‘‘title’’ and insert10 ing ‘‘division’’.

11 (2) DEFINITION.—Division D of the Bob Stump

12 National Defense Authorization Act for Fiscal Year

13 2003, as amended by this section, is further amended

14 by adding at the end the following new section:

15 ‘‘SEC. 4002. DEFINITION.

16 ‘‘In this division, the term ‘congressional defense com17 mittees’ means—

18 ‘‘(1) the Committee on Armed Services and the

19 Committee on Appropriations of the Senate; and

20 ‘‘(2) the Committee on Armed Services and the

21 Committee on Appropriations of the House of Rep22 resentatives.’’.

23 (d) ORGANIZATIONAL MATTERS.—

24 (1) TITLE HEADING.—Division D of the Bob

25 Stump National Defense Authorization Act for Fiscal
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1 Year 2003, as amended by this section, is further

2 amended by adding at the end the following:

3 ‘‘TITLE XLI—ORGANIZATIONAL

4 MATTERS’’.

5 (2) NAVAL NUCLEAR PROPULSION PROGRAM.—

6 Section 1634 of the Department of Defense Authoriza7 tion Act, 1985 (Public Law 98–525; 98 Stat. 2649)

8 is—

9 (A) transferred to title XLI of division D of

10 the Bob Stump National Defense Authorization

11 Act for Fiscal Year 2003, as added by paragraph

12 (1);

13 (B) inserted after the title heading for such

14 title, as so added; and

15 (C) amended—

16 (i) by striking the section heading and

17 inserting the following new section heading:

18 ‘‘SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.’’;

19 and

20 (ii) by striking ‘‘SEC. 1634.’’.

21 (3) MANAGEMENT STRUCTURE FOR FACILITIES

22 AND LABORATORIES.—Section 3140 of the National

23 Defense Authorization Act for Fiscal Year 1997 (Pub24 lic Law 104–201; 110 Stat. 2833) is—
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1 (A) transferred to title XLI of division D of

2 the Bob Stump National Defense Authorization

3 Act for Fiscal Year 2003, as amended by this

4 subsection;

5 (B) redesignated as section 4102;

6 (C) inserted after section 4101, as added by

7 paragraph (2); and

8 (D) amended in subsection (d)(2), by strik9 ing ‘‘120 days after the date of the enactment of

10 this Act,’’ and inserting ‘‘January 21, 1997,’’.

11 (4) RESTRICTION ON LICENSING REQUIREMENTS

12 FOR CERTAIN ACTIVITIES AND FACILITIES.—Section

13 210 of the Department of Energy National Security

14 and Military Applications of Nuclear Energy Author15 ization Act of 1981 (Public Law 96–540; 94 Stat.

16 3202) is—

17 (A) transferred to title XLI of division D of

18 the Bob Stump National Defense Authorization

19 Act for Fiscal Year 2003, as amended by this

20 subsection;

21 (B) inserted after section 4102, as added by

22 paragraph (3); and

23 (C) amended—

24 (i) by striking the section heading and

25 inserting the following new section heading:
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1 ‘‘SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT

2 FOR CERTAIN DEFENSE ACTIVITIES AND FA3 CILITIES.’’;

4 (ii) by striking ‘‘SEC. 210.’’; and

5 (iii) by striking ‘‘this or any other

6 Act’’ and inserting ‘‘the Department of En7 ergy National Security and Military Appli8 cations of Nuclear Energy Authorization

9 Act of 1981 (Public Law 96–540) or any

10 other Act’’.

11 (e) NUCLEAR WEAPONS STOCKPILE MATTERS.—

12 (1) HEADINGS.—Division D of the Bob Stump

13 National Defense Authorization Act for Fiscal Year

14 2003, as amended by this section, is further amended

15 by adding at the end the following new headings:

16 ‘‘TITLE XLII—NUCLEAR

17 WEAPONS STOCKPILE MATTERS

18 ‘‘Subtitle A—Stockpile Stewardship

19 and Weapons Production’’.

20 (2) STOCKPILE STEWARDSHIP PROGRAM.—Sec21 tion 3138 of the National Defense Authorization Act

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

23 1946), as amended by section 3152(e) of the National

24 Defense Authorization Act for Fiscal Year 1998 (Pub25 lic Law 105–85; 111 Stat. 2042), is—
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1 (A) transferred to title XLII of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as added by para4 graph (1);

5 (B) redesignated as section 4201; and

6 (C) inserted after the heading for subtitle A

7 of such title, as so added.

8 (3) STOCKPILE STEWARDSHIP CRITERIA.—Sec9 tion 3158 of the Strom Thurmond National Defense

10 Authorization Act for Fiscal Year 1999 (Public Law

11 105–261; 112 Stat. 2257), as amended, is—

12 (A) transferred to title XLII of division D

13 of the Bob Stump National Defense Authoriza14 tion Act for Fiscal Year 2003, as amended by

15 this subsection;

16 (B) redesignated as section 4202; and

17 (C) inserted after section 4201, as added by

18 paragraph (2).

19 (4) PLAN FOR STEWARDSHIP, MANAGEMENT, AND

20 CERTIFICATION OF WARHEADS IN STOCKPILE.—Sec21 tion 3151 of the National Defense Authorization Act

22 for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

23 2041) is—

24 (A) transferred to title XLII of division D

25 of the Bob Stump National Defense Authoriza-
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1 tion Act for Fiscal Year 2003, as amended by

2 this subsection;

3 (B) redesignated as section 4203; and

4 (C) inserted after section 4202, as added by

5 paragraph (3).

6 (5) STOCKPILE LIFE EXTENSION PROGRAM.—

7 Section 3133 of the National Defense Authorization

8 Act for Fiscal Year 2000 (Public Law 106–65; 113

9 Stat. 926) is—

10 (A) transferred to title XLII of division D

11 of the Bob Stump National Defense Authoriza12 tion Act for Fiscal Year 2003, as amended by

13 this subsection;

14 (B) redesignated as section 4204;

15 (C) inserted after section 4203, as added by

16 paragraph (4); and

17 (D) amended in subsection (c)(1) by strik18 ing ‘‘the date of the enactment of this Act’’ and

19 inserting ‘‘October 5, 1999’’.

20 (6) ANNUAL ASSESSMENTS AND REPORTS ON

21 CONDITION OF STOCKPILE.—Section 3141 of the Bob

22 Stump National Defense Authorization Act for Fiscal

23 Year 2003 (Public Law 107–314; 116 Stat. 2730)

24 is—
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1 (A) transferred to title XLII of division D

2 of such Act, as amended by this subsection;

3 (B) redesignated as section 4205;

4 (C) inserted after section 4204, as added by

5 paragraph (5); and

6 (D) amended in subsection (d)(3)(B) by

7 striking ‘‘section 3137 of the National Defense

8 Authorization Act for Fiscal Year 1996 (42

9 U.S.C. 2121 note)’’ and inserting ‘‘section 4213’’.

10 (7) FORM OF CERTAIN CERTIFICATIONS REGARD11 ING STOCKPILE.—Section 3194 of the Floyd D.

12 Spence National Defense Authorization Act for Fiscal

13 Year 2001 (as enacted into law by Public Law 106–

14 398; 114 Stat. 1654A–481) is—

15 (A) transferred to title XLII of division D

16 of the Bob Stump National Defense Authoriza17 tion Act for Fiscal Year 2003, as amended by

18 this subsection;

19 (B) redesignated as section 4206; and

20 (C) inserted after section 4205, as added by

21 paragraph (6).

22 (8) NUCLEAR TEST BAN READINESS PROGRAM.—

23 Section 1436 of the National Defense Authorization

24 Act, Fiscal Year 1989 (Public Law 100–456; 102

25 Stat. 2075) is—
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1 (A) transferred to title XLII of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) redesignated as section 4207;

6 (C) inserted after section 4206, as added by

7 paragraph (7); and

8 (D) amended in the section heading by add9 ing a period at the end.

10 (9) STUDY ON NUCLEAR TEST READINESS POS11 TURES.—Section 3152 of the National Defense Au12 thorization Act for Fiscal Year 1996 (Public Law

13 104–106; 110 Stat. 623), as amended by section 3192

14 of the Floyd D. Spence National Defense Authoriza15 tion Act for Fiscal Year 2001 (as enacted into law by

16 Public Law 106–398; 114 Stat. 1654A–480), is—

17 (A) transferred to title XLII of division D

18 of the Bob Stump National Defense Authoriza19 tion Act for Fiscal Year 2003, as amended by

20 this subsection;

21 (B) redesignated as section 4208; and

22 (C) inserted after section 4207, as added by

23 paragraph (8).

24 (10) REQUIREMENTS FOR REQUESTS FOR NEW

25 OR MODIFIED NUCLEAR WEAPONS.—Section 3143 of
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1 the Bob Stump National Defense Authorization Act

2 for Fiscal Year 2003 (Public Law 107–314; 116 Stat.

3 2733) is—

4 (A) transferred to title XLII of division D

5 of such Act, as amended by this subsection;

6 (B) redesignated as section 4209; and

7 (C) inserted after section 4208, as added by

8 paragraph (9).

9 (11) LIMITATION ON UNDERGROUND NUCLEAR

10 WEAPONS TESTS.—Subsection (f) of section 507 of the

11 Energy and Water Development Appropriations Act,

12 1993 (Public Law 102–337; 106 Stat. 1345) is—

13 (A) transferred to title XLII of division D

14 of the Bob Stump National Defense Authoriza15 tion Act for Fiscal Year 2003, as amended by

16 this subsection;

17 (B) inserted after section 4209, as added by

18 paragraph (10); and

19 (C) amended—

20 (i) by inserting before the text the fol21 lowing new section heading:

22 ‘‘SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR

23 WEAPONS TESTS.’’;

24 and

25 (ii) by striking ‘‘(f)’’.
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1 (12) PROHIBITION ON RESEARCH AND DEVELOP2 MENT OF LOW-YIELD NUCLEAR WEAPONS.—Section

3 3136 of the National Defense Authorization Act for

4 Fiscal Year 1994 (Public Law 103–160; 107 Stat.

5 1946) is—

6 (A) transferred to title XLII of division D

7 of the Bob Stump National Defense Authoriza8 tion Act for Fiscal Year 2003, as amended by

9 this subsection;

10 (B) redesignated as section 4211;

11 (C) inserted after section 4210, as added by

12 paragraph (11); and

13 (D) amended in subsection (b) by striking

14 ‘‘the date of the enactment of this Act,’’ and in15 serting ‘‘November 30, 1993,’’.

16 (13) TESTING OF NUCLEAR WEAPONS.—Section

17 3137 of the National Defense Authorization Act for

18 Fiscal Year 1994 (Public Law 103–160; 107 Stat.

19 1946) is—

20 (A) transferred to title XLII of division D

21 of the Bob Stump National Defense Authoriza22 tion Act for Fiscal Year 2003, as amended by

23 this subsection;

24 (B) redesignated as section 4212;
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1 (C) inserted after section 4211, as added by

2 paragraph (12); and

3 (D) amended—

4 (i) in subsection (a), by inserting ‘‘of

5 the National Defense Authorization Act for

6 Fiscal Year 1994 (Public Law 103–160)’’

7 after ‘‘section 3101(a)(2)’’; and

8 (ii) in subsection (b), by striking ‘‘this

9 Act’’ and inserting ‘‘the National Defense

10 Authorization Act for Fiscal Year 1994’’.

11 (14) MANUFACTURING INFRASTRUCTURE FOR

12 STOCKPILE.—Section 3137 of the National Defense

13 Authorization Act for Fiscal Year 1996 (Public Law

14 104–106; 110 Stat. 620), as amended by section 3132

15 of the National Defense Authorization Act for Fiscal

16 Year 1997 (Public Law 104–201; 110 Stat. 2829),

17 is—

18 (A) transferred to title XLII of division D

19 of the Bob Stump National Defense Authoriza20 tion Act for Fiscal Year 2003, as amended by

21 this subsection;

22 (B) redesignated as section 4213;

23 (C) inserted after section 4212, as added by

24 paragraph (13); and
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1 (D) amended in subsection (d) by inserting

2 ‘‘of the National Defense Authorization Act for

3 Fiscal Year 1996 (Public Law 104–106)’’ after

4 ‘‘section 3101(b)’’.

5 (15) REPORTS ON CRITICAL DIFFICULTIES AT

6 LABORATORIES AND PLANTS.—Section 3159 of the

7 National Defense Authorization Act for Fiscal Year

8 1997 (Public Law 104–201; 110 Stat. 2842), as

9 amended by section 1305 of the National Defense Au10 thorization Act for Fiscal Year 1998 (Public Law

11 105–85; 111 Stat. 1954) and section 3163 of the Na12 tional Defense Authorization Act for Fiscal Year 2000

13 (Public Law 106–65; 113 Stat. 944), is—

14 (A) transferred to title XLII of division D

15 of the Bob Stump National Defense Authoriza16 tion Act for Fiscal Year 2003, as amended by

17 this subsection;

18 (B) redesignated as section 4214; and

19 (C) inserted after section 4213, as added by

20 paragraph (14).

21 (16) SUBTITLE HEADING ON TRITIUM.—Title

22 XLII of division D of the Bob Stump National De23 fense Authorization Act for Fiscal Year 2003, as

24 amended by this subsection, is further amended by

25 adding at the end the following new subtitle heading:
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1 ‘‘Subtitle B—Tritium’’.

2 (17) TRITIUM PRODUCTION PROGRAM.—Section

3 3133 of the National Defense Authorization Act for

4 Fiscal Year 1996 (Public Law 104–106; 110 Stat.

5 618) is—

6 (A) transferred to title XLII of division D

7 of the Bob Stump National Defense Authoriza8 tion Act for Fiscal Year 2003, as amended by

9 this subsection;

10 (B) redesignated as section 4231;

11 (C) inserted after the heading for subtitle B

12 of such title XLII, as added by paragraph (16);

13 and

14 (D) amended—

15 (i) by striking ‘‘the date of the enact16 ment of this Act’’ each place it appears and

17 inserting ‘‘February 10, 1996’’; and

18 (ii) in subsection (b), by inserting ‘‘of

19 the National Defense Authorization Act for

20 Fiscal Year 1996 (Public Law 104–106)’’

21 after ‘‘section 3101’’.

22 (18) TRITIUM RECYCLING.—Section 3136 of the

23 National Defense Authorization Act for Fiscal Year

24 1996 (Public Law 104–106; 110 Stat. 620) is—
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1 (A) transferred to title XLII of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) redesignated as section 4232; and

6 (C) inserted after section 4231, as added by

7 paragraph (17).

8 (19) TRITIUM PRODUCTION.—Subsections (c)

9 and (d) of section 3133 of the National Defense Au10 thorization Act for Fiscal Year 1997 (Public Law

11 104–201; 110 Stat. 2830) are—

12 (A) transferred to title XLII of division D

13 of the Bob Stump National Defense Authoriza14 tion Act for Fiscal Year 2003, as amended by

15 this subsection;

16 (B) inserted after section 4232, as added by

17 paragraph (18); and

18 (C) amended—

19 (i) by inserting before the text the fol20 lowing new section heading:

21 ‘‘SEC. 4233. TRITIUM PRODUCTION.’’;

22 (ii) by redesignating such subsections

23 as subsections (a) and (b), respectively; and
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1 (iii) in subsection (a), as so redesig2 nated, by inserting ‘‘of Energy’’ after ‘‘The

3 Secretary’’.

4 (20) MODERNIZATION AND CONSOLIDATION OF

5 TRITIUM RECYCLING FACILITIES.—Section 3134 of the

6 National Defense Authorization Act for Fiscal Year

7 1997 (Public Law 104–201; 110 Stat. 2830) is—

8 (A) transferred to title XLII of division D

9 of the Bob Stump National Defense Authoriza10 tion Act for Fiscal Year 2003, as amended by

11 this subsection;

12 (B) redesignated as section 4234;

13 (C) inserted after section 4233, as added by

14 paragraph (19); and

15 (D) amended in subsection (b) by inserting

16 ‘‘of the National Defense Authorization Act for

17 Fiscal Year 1997 (Public Law 104–201)’’ after

18 ‘‘section 3101’’.

19 (21) PROCEDURES FOR MEETING TRITIUM PRO20 DUCTION REQUIREMENTS.—Section 3134 of the Na21 tional Defense Authorization Act for Fiscal Year 2000

22 (Public Law 106–65; 113 Stat. 927) is—

23 (A) transferred to title XLII of division D

24 of the Bob Stump National Defense Authoriza-
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1 tion Act for Fiscal Year 2003, as amended by

2 this subsection;

3 (B) redesignated as section 4235; and

4 (C) inserted after section 4234, as added by

5 paragraph (20).

6 (f) PROLIFERATION MATTERS.—

7 (1) TITLE HEADING.—Division D of the Bob

8 Stump National Defense Authorization Act for Fiscal

9 Year 2003, as amended by this section, is further

10 amended by adding at the end the following new title

11 heading:

12 ‘‘TITLE XLIII—PROLIFERATION

13 MATTERS’’.

14 (2) INTERNATIONAL COOPERATIVE STOCKPILE

15 STEWARDSHIP.—Section 3133 of the National Defense

16 Authorization Act for Fiscal Year 1998 (Public Law

17 105–85; 111 Stat. 2036), as amended by sections 1069

18 and 3131 of the Strom Thurmond National Defense

19 Authorization Act for Fiscal Year 1999 (Public Law

20 105–261; 112 Stat. 2136, 2246), is—

21 (A) transferred to title XLIII of division D

22 of the Bob Stump National Defense Authoriza23 tion Act for Fiscal Year 2003, as added by para24 graph (1);

25 (B) redesignated as section 4301;
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1 (C) inserted after the heading for such title,

2 as so added; and

3 (D) amended in subsection (b)(3) by strik4 ing ‘‘of this Act’’ and inserting ‘‘of the National

5 Defense Authorization Act for Fiscal Year 1998

6 (Public Law 105–85)’’.

7 (3) NONPROLIFERATION INITIATIVES AND ACTIVI8 TIES.—Section 3136 of the National Defense Author9 ization Act for Fiscal Year 2000 (Public Law 106–

10 65; 113 Stat. 927) is—

11 (A) transferred to title XLIII of division D

12 of the Bob Stump National Defense Authoriza13 tion Act for Fiscal Year 2003, as amended by

14 this subsection;

15 (B) redesignated as section 4302;

16 (C) inserted after section 4301, as added by

17 paragraph (2); and

18 (D) amended in subsection (b)(1) by strik19 ing ‘‘this title’’ and inserting ‘‘title XXXI of the

20 National Defense Authorization Act for Fiscal

21 Year 2000 (Public Law 106–65)’’.

22 (4) ANNUAL REPORT ON MATERIALS PROTEC23 TION, CONTROL, AND ACCOUNTING PROGRAM.—Section

24 3171 of the Floyd D. Spence National Defense Au25 thorization Act for Fiscal Year 2001 (as enacted into
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1 law by Public Law 106–398; 114 Stat. 1645A–475)

2 is—

3 (A) transferred to title XLIII of division D

4 of the Bob Stump National Defense Authoriza5 tion Act for Fiscal Year 2003, as amended by

6 this subsection;

7 (B) redesignated as section 4303;

8 (C) inserted after section 4302, as added by

9 paragraph (3); and

10 (D) amended in subsection (c)(1) by strik11 ing ‘‘this Act’’ and inserting ‘‘the Floyd D.

12 Spence National Defense Authorization Act for

13 Fiscal Year 2001 (as enacted into law by Public

14 Law 106–398)’’.

15 (5) NUCLEAR CITIES INITIATIVE.—Section 3172

16 of the Floyd D. Spence National Defense Authoriza17 tion Act for Fiscal Year 2001 (as enacted into law by

18 Public Law 106–398; 114 Stat. 1645A–476) is—

19 (A) transferred to title XLIII of division D

20 of the Bob Stump National Defense Authoriza21 tion Act for Fiscal Year 2003, as amended by

22 this subsection;

23 (B) redesignated as section 4304; and

24 (C) inserted after section 4303, as added by

25 paragraph (4).
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1 (6) PROGRAMS ON FISSILE MATERIALS.—Section

2 3131 of the National Defense Authorization Act for

3 Fiscal Year 1996 (Public Law 104–106; 110 Stat.

4 617), as amended by section 3152 of the Bob Stump

5 National Defense Authorization Act for Fiscal Year

6 2003 (Public Law 107–314; 116 Stat. 2738), is—

7 (A) transferred to title XLIII of division D

8 of the Bob Stump National Defense Authoriza9 tion Act for Fiscal Year 2003, as amended by

10 this subsection;

11 (B) redesignated as section 4305; and

12 (C) inserted after section 4304, as added by

13 paragraph (5).

14 (7) DISPOSITION OF WEAPONS USABLE PLUTO15 NIUM.—Section 3182 of the Bob Stump National De16 fense Authorization Act for Fiscal Year 2003 (Public

17 Law 107–314; 116 Stat. 2747) is—

18 (A) transferred to title XLIII of division D

19 of such Act, as amended by this subsection;

20 (B) redesignated as section 4306; and

21 (C) inserted after section 4305, as added by

22 paragraph (7).

23 (8) DISPOSITION OF SURPLUS DEFENSE PLUTO24 NIUM.—Section 3155 of the National Defense Author-
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1 ization Act for Fiscal Year 2002 (Public Law 107–

2 107; 115 Stat. 1378) is—

3 (A) transferred to title XLIII of division D

4 of the Bob Stump National Defense Authoriza5 tion Act for Fiscal Year 2003, as amended by

6 this subsection;

7 (B) redesignated as section 4307; and

8 (C) inserted after section 4306, as added by

9 paragraph (7).

10 (g) ENVIRONMENTAL RESTORATION AND WASTE MAN11 AGEMENT MATTERS.—

12 (1) HEADINGS.—Division D of the Bob Stump

13 National Defense Authorization Act for Fiscal Year

14 2003, as amended by this section, is further amended

15 by adding at the end the following new headings:

16 ‘‘TITLE XLIV—ENVIRONMENTAL

17 RESTORATION AND WASTE

18 MANAGEMENT MATTERS

19 ‘‘Subtitle A—Environmental Res20 toration and Waste Manage21 ment’’.

22 (2) DEFENSE ENVIRONMENTAL RESTORATION

23 AND WASTE MANAGEMENT ACCOUNT.—Section 3134 of

24 the National Defense Authorization Act for Fiscal
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1 Years 1992 and 1993 (Public Law 102–190; 105 Stat.

2 1575) is—

3 (A) transferred to title XLIV of division D

4 of the Bob Stump National Defense Authoriza5 tion Act for Fiscal Year 2003, as added by para6 graph (1);

7 (B) redesignated as section 4401; and

8 (C) inserted after the heading for subtitle A

9 of such title, as so added.

10 (3) FUTURE USE PLANS FOR ENVIRONMENTAL

11 MANAGEMENT PROGRAM.—Section 3153 of the Na12 tional Defense Authorization Act for Fiscal Year 1997

13 (Public Law 104–201; 110 Stat. 2839) is—

14 (A) transferred to title XLIV of division D

15 of the Bob Stump National Defense Authoriza16 tion Act for Fiscal Year 2003, as amended by

17 this subsection;

18 (B) redesignated as section 4402;

19 (C) inserted after section 4401, as added by

20 paragraph (2); and

21 (D) amended—

22 (i) in subsection (d), by striking ‘‘the

23 date of the enactment of this Act’’ and in24 serting ‘‘September 23, 1996,’’; and
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1 (ii) in subsection (h)(1), by striking

2 ‘‘the date of the enactment of this Act’’ and

3 inserting ‘‘September 23, 1996’’.

4 (4) INTEGRATED FISSILE MATERIALS MANAGE5 MENT PLAN.—Section 3172 of the National Defense

6 Authorization Act for Fiscal Year 2000 (Public Law

7 106–65; 113 Stat. 948) is—

8 (A) transferred to title XLIV of division D

9 of the Bob Stump National Defense Authoriza10 tion Act for Fiscal Year 2003, as amended by

11 this subsection;

12 (B) redesignated as section 4403; and

13 (C) inserted after section 4402, as added by

14 paragraph (3).

15 (5) BASELINE ENVIRONMENTAL MANAGEMENT

16 REPORTS.—Section 3153 of the National Defense Au17 thorization Act for Fiscal Year 1994 (Public Law

18 103–160; 107 Stat. 1950), as amended by section

19 3160 of the National Defense Authorization Act for

20 Fiscal Year 1995 (Public Law 103–337; 108 Stat.

21 3094), section 3152 of the National Defense Author22 ization Act for Fiscal Year 1997 (Public Law 104–

23 201; 110 Stat. 2839), and section 3160 of the Na24 tional Defense Authorization Act for Fiscal Year 1998

25 (Public Law 105–85; 111 Stat. 2048), is—
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1 (A) transferred to title XLIV of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) redesignated as section 4404; and

6 (C) inserted after section 4403, as added by

7 paragraph (4).

8 (6) ACCELERATED SCHEDULE FOR ENVIRON9 MENTAL RESTORATION AND WASTE MANAGEMENT.—

10 Section 3156 of the National Defense Authorization

11 Act for Fiscal Year 1996 (Public Law 104–106; 110

12 Stat. 625) is—

13 (A) transferred to title XLIV of division D

14 of the Bob Stump National Defense Authoriza15 tion Act for Fiscal Year 2003, as amended by

16 this subsection;

17 (B) redesignated as section 4405;

18 (C) inserted after section 4404, as added by

19 paragraph (5); and

20 (D) amended in subsection (b)(2) by insert21 ing before the period the following: ‘‘, the prede22 cessor provision to section 4404 of this Act’’.

23 (7) DEFENSE WASTE CLEANUP TECHNOLOGY

24 PROGRAM.—Section 3141 of the National Defense Au-
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1 thorization Act for Fiscal Years 1990 and 1991 (Pub2 lic Law 101–189; 103 Stat. 1679) is—

3 (A) transferred to title XLIV of division D

4 of the Bob Stump National Defense Authoriza5 tion Act for Fiscal Year 2003, as amended by

6 this subsection;

7 (B) redesignated as section 4406;

8 (C) inserted after section 4405, as added by

9 paragraph (6); and

10 (D) amended in the section heading by add11 ing a period at the end.

12 (8) REPORT ON ENVIRONMENTAL RESTORATION

13 EXPENDITURES.—Section 3134 of the National De14 fense Authorization Act for Fiscal Year 1991 (Public

15 Law 101–510; 104 Stat. 1833) is—

16 (A) transferred to title XLIV of division D

17 of the Bob Stump National Defense Authoriza18 tion Act for Fiscal Year 2003, as amended by

19 this subsection;

20 (B) redesignated as section 4407;

21 (C) inserted after section 4406, as added by

22 paragraph (7); and

23 (D) amended in the section heading by add24 ing a period at the end.
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1 (9) PUBLIC PARTICIPATION IN PLANNING FOR

2 ENVIRONMENTAL RESTORATION AND WASTE MANAGE3 MENT.—Subsection (e) of section 3160 of the National

4 Defense Authorization Act for Fiscal Year 1995 (Pub5 lic Law 103–337; 108 Stat. 3095) is—

6 (A) transferred to title XLIV of division D

7 of the Bob Stump National Defense Authoriza8 tion Act for Fiscal Year 2003, as amended by

9 this subsection;

10 (B) inserted after section 4407, as added by

11 paragraph (8); and

12 (C) amended—

13 (i) by inserting before the text the fol14 lowing new section heading:

15 ‘‘SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR EN16 VIRONMENTAL RESTORATION AND WASTE

17 MANAGEMENT AT DEFENSE NUCLEAR FACILI18 TIES.’’;

19 and

20 (ii) by striking ‘‘(e) PUBLIC PARTICI21 PATION IN PLANNING.—’’.

22 (10) SUBTITLE HEADING ON CLOSURE OF FA23 CILITIES.—Title XLIV of division D of the Bob

24 Stump National Defense Authorization Act for Fiscal

25 Year 2003, as amended by this subsection, is further
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1 amended by adding at the end the following new sub2 title heading:

3 ‘‘Subtitle B—Closure of Facilities’’.

4 (11) PROJECTS TO ACCELERATE CLOSURE AC5 TIVITIES AT DEFENSE NUCLEAR FACILITIES.—Section

6 3143 of the National Defense Authorization Act for

7 Fiscal Year 1997 (Public Law 104–201; 110 Stat.

8 2836) is—

9 (A) transferred to title XLIV of division D

10 of the Bob Stump National Defense Authoriza11 tion Act for Fiscal Year 2003, as amended by

12 this subsection;

13 (B) redesignated as section 4421;

14 (C) inserted after the heading for subtitle B

15 of such title, as added by paragraph (10); and

16 (D) amended in subsection (i), by striking

17 ‘‘the expiration of the 15-year period beginning

18 on the date of the enactment of this Act’’ and in19 serting ‘‘September 23, 2011’’.

20 (12) REPORTS IN CONNECTION WITH PERMANENT

21 CLOSURE OF DEFENSE NUCLEAR FACILITIES.—Sec22 tion 3156 of the National Defense Authorization Act

23 for Fiscal Years 1990 and 1991 (Public Law 101–

24 189; 103 Stat. 1683) is—
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1 (A) transferred to title XLIV of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) redesignated as section 4422;

6 (C) inserted after section 4421, as added by

7 paragraph (11); and

8 (D) amended in the section heading by add9 ing a period at the end.

10 (13) SUBTITLE HEADING ON PRIVATIZATION.—

11 Title XLIV of division D of the Bob Stump National

12 Defense Authorization Act for Fiscal Year 2003, as

13 amended by this subsection, is further amended by

14 adding at the end the following new subtitle heading:

15 ‘‘Subtitle C—Privatization’’.

16 (14) DEFENSE ENVIRONMENTAL MANAGEMENT

17 PRIVATIZATION PROJECTS.—Section 3132 of the Na18 tional Defense Authorization Act for Fiscal Year 1998

19 (Public Law 105–85; 111 Stat. 2034) is—

20 (A) transferred to title XLIV of division D

21 of the Bob Stump National Defense Authoriza22 tion Act for Fiscal Year 2003, as amended by

23 this subsection;

24 (B) redesignated as section 4431;
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1 (C) inserted after the heading for subtitle C

2 of such title, as added by paragraph (13); and

3 (D) amended—

4 (i) in subsections (a), (c)(1)(B)(i), and

5 (d), by inserting ‘‘of the National Defense

6 Authorization Act for Fiscal Year 1998

7 (Public Law 105–85)’’ after ‘‘section

8 3102(i)’’; and

9 (ii) in subsections (c)(1)(B)(ii) and (f),

10 by striking ‘‘the date of enactment of this

11 Act’’ and inserting ‘‘November 18, 1997’’.

12 (h) SAFEGUARDS AND SECURITY MATTERS.—

13 (1) HEADINGS.—Division D of the Bob Stump

14 National Defense Authorization Act for Fiscal Year

15 2003, as amended by this section, is further amended

16 by adding at the end the following new headings:

17 ‘‘TITLE XLV—SAFEGUARDS AND

18 SECURITY MATTERS

19 ‘‘Subtitle A—Safeguards and

20 Security’’.

21 (2) PROHIBITION ON INTERNATIONAL INSPEC22 TIONS OF FACILITIES WITHOUT PROTECTION OF RE23 STRICTED DATA.—Section 3154 of the National De24 fense Authorization Act for Fiscal Year 1996 (Public

25 Law 104–106; 110 Stat. 624) is—
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1 (A) transferred to title XLV of division D of

2 the Bob Stump National Defense Authorization

3 Act for Fiscal Year 2003, as added by paragraph

4 (1);

5 (B) redesignated as section 4501;

6 (C) inserted after the heading for subtitle A

7 of such title, as so added; and

8 (D) amended—

9 (i) by striking ‘‘(1) The’’ and inserting

10 ‘‘The’’; and

11 (ii) by striking ‘‘(2) For purposes of

12 paragraph (1),’’ and inserting ‘‘(c) RE13 STRICTED DATA DEFINED.—In this sec14 tion,’’.

15 (3) RESTRICTIONS ON ACCESS TO LABORATORIES

16 BY FOREIGN VISITORS FROM SENSITIVE COUNTRIES.—

17 Section 3146 of the National Defense Authorization

18 Act for Fiscal Year 2000 (Public Law 106–65; 113

19 Stat. 935) is—

20 (A) transferred to title XLV of division D of

21 the Bob Stump National Defense Authorization

22 Act for Fiscal Year 2003, as amended by this

23 subsection;

24 (B) redesignated as section 4502;
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1 (C) inserted after section 4501, as added by

2 paragraph (2); and

3 (D) amended—

4 (i) in subsection (b)(2)—

5 (I) in the matter preceding sub6 paragraph (A), by striking ‘‘30 days

7 after the date of the enactment of this

8 Act’’ and inserting ‘‘on November 4,

9 1999,’’; and

10 (II) in subparagraph (A), by

11 striking ‘‘The date that is 90 days

12 after the date of the enactment of this

13 Act’’ and inserting ‘‘January 3, 2000’’;

14 (ii) in subsection (d)(1), by striking

15 ‘‘the date of the enactment of this Act,’’ and

16 inserting ‘‘October 5, 1999,’’; and

17 (iii) in subsection (g), by adding at the

18 end the following new paragraphs:

19 ‘‘(3) The term ‘national laboratory’ means any

20 of the following:

21 ‘‘(A) Lawrence Livermore National Labora22 tory, Livermore, California.

23 ‘‘(B) Los Alamos National Laboratory, Los

24 Alamos, New Mexico.
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1 ‘‘(C) Sandia National Laboratories, Albu2 querque, New Mexico and Livermore, California.

3 ‘‘(4) The term ‘Restricted Data’ has the meaning

4 given that term in section 11 y. of the Atomic Energy

5 Act of 1954 (42 U.S.C. 2014(y)).’’.

6 (4) BACKGROUND INVESTIGATIONS ON CERTAIN

7 PERSONNEL.—Section 3143 of the National Defense

8 Authorization Act for Fiscal Year 2000 (Public Law

9 106–65; 113 Stat. 934) is—

10 (A) transferred to title XLV of division D of

11 the Bob Stump National Defense Authorization

12 Act for Fiscal Year 2003, as amended by this

13 subsection;

14 (B) redesignated as section 4503;

15 (C) inserted after section 4502, as added by

16 paragraph (3); and

17 (D) amended—

18 (i) in subsection (b), by striking ‘‘the

19 date of the enactment of this Act’’ and in20 serting ‘‘October 5, 1999,’’; and

21 (ii) by adding at the end the following

22 new subsection:

23 ‘‘(c) DEFINITIONS.—In this section, the terms ‘na24 tional laboratory’ and ‘Restricted Data’ have the meanings

25 given such terms in section 4502(g)).’’.
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1 (5) COUNTERINTELLIGENCE POLYGRAPH PRO2 GRAM.—

3 (A) DEPARTMENT OF ENERGY COUNTER4 INTELLIGENCE POLYGRAPH PROGRAM.—Section

5 3152 of the National Defense Authorization Act

6 for Fiscal Year 2002 (Public Law 107–107; 115

7 Stat. 1376) is—

8 (i) transferred to title XLV of division

9 D of the Bob Stump National Defense Au10 thorization Act for Fiscal Year 2003, as

11 amended by this subsection;

12 (ii) redesignated as section 4504;

13 (iii) inserted after section 4503, as

14 added by paragraph (4); and

15 (iv) amended in subsection (c) by

16 striking ‘‘section 3154 of the Department of

17 Energy Facilities Safeguards, Security, and

18 Counterintelligence Enhancement Act of

19 1999 (subtitle D of title XXXI of Public

20 Law 106–65; 42 U.S.C. 7383h)’’ and insert21 ing ‘‘section 4504A’’.

22 (B) COUNTERINTELLIGENCE POLYGRAPH

23 PROGRAM.—Section 3154 of the National Defense

24 Authorization Act for Fiscal Year 2000 (Public

25 Law 106–65; 113 Stat. 941), as amended by sec-
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1 tion 3135 of the Floyd D. Spence National De2 fense Authorization Act for Fiscal Year 2001 (as

3 enacted into law by Public Law 106–398; 114

4 Stat. 1654A–456), is—

5 (i) transferred to title XLV of division

6 D of the Bob Stump National Defense Au7 thorization Act for Fiscal Year 2003, as

8 amended by this subsection;

9 (ii) redesignated as section 4504A;

10 (iii) inserted after section 4504, as

11 added by subparagraph (A); and

12 (iv) amended in subsection (h) by

13 striking ‘‘180 days after the date of the en14 actment of this Act,’’ and inserting ‘‘April

15 5, 2000,’’.

16 (6) NOTICE OF SECURITY AND COUNTERINTEL17 LIGENCE FAILURES.—Section 3150 of the National

18 Defense Authorization Act for Fiscal Year 2000 (Pub19 lic Law 106–65; 113 Stat. 939) is—

20 (A) transferred to title XLV of division D of

21 the Bob Stump National Defense Authorization

22 Act for Fiscal Year 2003, as amended by this

23 subsection;

24 (B) redesignated as section 4505; and
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1 (C) inserted after section 4504A, as added

2 by paragraph (5)(B).

3 (7) ANNUAL REPORT ON SECURITY FUNCTIONS

4 AT NUCLEAR WEAPONS FACILITIES.—Section 3162 of

5 the National Defense Authorization Act for Fiscal

6 Year 1998 (Public Law 105–85; 111 Stat. 2049) is—

7 (A) transferred to title XLV of division D of

8 the Bob Stump National Defense Authorization

9 Act for Fiscal Year 2003, as amended by this

10 subsection;

11 (B) redesignated as section 4506;

12 (C) inserted after section 4505, as added by

13 paragraph (6); and

14 (D) amended in subsection (b) by inserting

15 ‘‘of the National Defense Authorization Act for

16 Fiscal Year 1998 (Public Law 105–85; 111 Stat.

17 2048; 42 U.S.C. 7251 note)’’ after ‘‘section

18 3161’’.

19 (8) REPORT ON COUNTERINTELLIGENCE AND SE20 CURITY PRACTICES AT LABORATORIES.—Section 3152

21 of the National Defense Authorization Act for Fiscal

22 Year 2000 (Public Law 106–65; 113 Stat. 940) is—

23 (A) transferred to title XLV of division D of

24 the Bob Stump National Defense Authorization
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1 Act for Fiscal Year 2003, as amended by this

2 subsection;

3 (B) redesignated as section 4507;

4 (C) inserted after section 4506, as added by

5 paragraph (7); and

6 (D) amended by adding at the end the fol7 lowing new subsection:

8 ‘‘(c) NATIONAL LABORATORY DEFINED.—In this sec9 tion, the term ‘national laboratory’ has the meaning given

10 that term in section 4502(g)(3).’’.

11 (9) REPORT ON SECURITY VULNERABILITIES OF

12 NATIONAL LABORATORY COMPUTERS.—Section 3153 of

13 the National Defense Authorization Act for Fiscal

14 Year 2000 (Public Law 106–65; 113 Stat. 940) is—

15 (A) transferred to title XLV of division D of

16 the Bob Stump National Defense Authorization

17 Act for Fiscal Year 2003, as amended by this

18 subsection;

19 (B) redesignated as section 4508;

20 (C) inserted after section 4507, as added by

21 paragraph (8); and

22 (D) amended by adding at the end the fol23 lowing new subsection:
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1 ‘‘(f) NATIONAL LABORATORY DEFINED.—In this sec2 tion, the term ‘national laboratory’ has the meaning given

3 that term in section 4502(g)(3).’’.

4 (10) SUBTITLE HEADING ON CLASSIFIED INFOR5 MATION.—Title XLV of division D of the Bob Stump

6 National Defense Authorization Act for Fiscal Year

7 2003, as amended by this subsection, is further

8 amended by adding at the end the following new sub9 title heading:

10 ‘‘Subtitle B—Classified

11 Information’’.

12 (11) REVIEW OF CERTAIN DOCUMENTS BEFORE

13 DECLASSIFICATION AND RELEASE.—Section 3155 of

14 the National Defense Authorization Act for Fiscal

15 Year 1996 (Public Law 104–106; 110 Stat. 625) is—

16 (A) transferred to title XLV of division D of

17 the Bob Stump National Defense Authorization

18 Act for Fiscal Year 2003, as amended by this

19 subsection;

20 (B) redesignated as section 4521; and

21 (C) inserted after the heading for subtitle B

22 of such title, as added by paragraph (10).

23 (12) PROTECTION AGAINST INADVERTENT RE24 LEASE OF RESTRICTED DATA AND FORMERLY RE25 STRICTED DATA.—Section 3161 of the Strom Thur-
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1 mond National Defense Authorization Act for Fiscal

2 Year 1999 (Public Law 105–261; 112 Stat. 2259), as

3 amended by section 1067(3) of the National Defense

4 Authorization Act for Fiscal Year 2000 (Public Law

5 106–65; 113 Stat. 774) and section 3193 of the Floyd

6 D. Spence National Defense Authorization Act for

7 Fiscal Year 2001 (as enacted into law by Public Law

8 106–398; 114 Stat. 1654A–480), is—

9 (A) transferred to title XLV of division D of

10 the Bob Stump National Defense Authorization

11 Act for Fiscal Year 2003, as amended by this

12 subsection;

13 (B) redesignated as section 4522;

14 (C) inserted after section 4521, as added by

15 paragraph (11); and

16 (D) amended—

17 (i) in subsection (c)(1), by striking

18 ‘‘the date of the enactment of this Act’’ and

19 inserting ‘‘October 17, 1998,’’;

20 (ii) in subsection (f)(1), by striking

21 ‘‘the date of the enactment of this Act’’ and

22 inserting ‘‘October 17, 1998’’; and

23 (iii) in subsection (f)(2), by striking

24 ‘‘The Secretary’’ and inserting ‘‘Com25 mencing with inadvertent releases discov-
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1 ered on or after October 30, 2000, the Sec2 retary’’.

3 (13) SUPPLEMENT TO PLAN FOR DECLASSIFICA4 TION OF RESTRICTED DATA AND FORMERLY RE5 STRICTED DATA.—Section 3149 of the National De6 fense Authorization Act for Fiscal Year 2000 (Public

7 Law 106–65; 113 Stat. 938) is—

8 (A) transferred to title XLV of division D of

9 the Bob Stump National Defense Authorization

10 Act for Fiscal Year 2003, as amended by this

11 subsection;

12 (B) redesignated as section 4523;

13 (C) inserted after section 4522, as added by

14 paragraph (12); and

15 (D) amended—

16 (i) in subsection (a), by striking ‘‘sub17 section (a) of section 3161 of the Strom

18 Thurmond National Defense Act for Fiscal

19 Year 1999 (Public Law 105–261; 112 Stat.

20 2260; 50 U.S.C. 435 note)’’ and inserting

21 ‘‘subsection (a) of section 4522’’;

22 (ii) in subsection (b)—

23 (I) by striking ‘‘section 3161(b)(1)

24 of that Act’’ and inserting ‘‘subsection

25 (b)(1) of section 4522’’; and
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1 (II) by striking ‘‘the date of the

2 enactment of that Act’’ and inserting

3 ‘‘October 17, 1998,’’;

4 (iii) in subsection (c)—

5 (I) by striking ‘‘section 3161(c) of

6 that Act’’ and inserting ‘‘subsection (c)

7 of section 4522’’; and

8 (II) by striking ‘‘section 3161(a)

9 of that Act’’ and inserting ‘‘subsection

10 (a) of such section’’; and

11 (iv) in subsection (d), by striking ‘‘sec12 tion 3161(d) of that Act’’ and inserting

13 ‘‘subsection (d) of section 4522’’.

14 (14) PROTECTION OF CLASSIFIED INFORMATION

15 DURING LABORATORY-TO-LABORATORY EXCHANGES.—

16 Section 3145 of the National Defense Authorization

17 Act for Fiscal Year 2000 (Public Law 106–65; 113

18 Stat. 935) is—

19 (A) transferred to title XLV of division D of

20 the Bob Stump National Defense Authorization

21 Act for Fiscal Year 2003, as amended by this

22 subsection;

23 (B) redesignated as section 4524; and

24 (C) inserted after section 4523, as added by

25 paragraph (13).
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1 (15) IDENTIFICATION IN BUDGETS OF AMOUNT

2 FOR DECLASSIFICATION ACTIVITIES.—Section 3173 of

3 the National Defense Authorization Act for Fiscal

4 Year 2000 (Public Law 106–65; 113 Stat. 949) is—

5 (A) transferred to title XLV of division D of

6 the Bob Stump National Defense Authorization

7 Act for Fiscal Year 2003, as amended by this

8 subsection;

9 (B) redesignated as section 4525;

10 (C) inserted after section 4524, as added by

11 paragraph (14); and

12 (D) amended in subsection (b) by striking

13 ‘‘the date of the enactment of this Act’’ and in14 serting ‘‘October 5, 1999,’’.

15 (16) SUBTITLE HEADING ON EMERGENCY RE16 SPONSE.—Title XLV of division D of the Bob Stump

17 National Defense Authorization Act for Fiscal Year

18 2003, as amended by this subsection, is further

19 amended by adding at the end the following new sub20 title heading:

21 ‘‘Subtitle C—Emergency Response’’.

22 (17) RESPONSIBILITY FOR DEFENSE PROGRAMS

23 EMERGENCY RESPONSE PROGRAM.—Section 3158 of

24 the National Defense Authorization Act for Fiscal

25 Year 1996 (Public Law 104–106; 110 Stat. 626) is—
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1 (A) transferred to title XLV of division D of

2 the Bob Stump National Defense Authorization

3 Act for Fiscal Year 2003, as amended by this

4 subsection;

5 (B) redesignated as section 4541; and

6 (C) inserted after the heading for subtitle C

7 of such title, as added by paragraph (16).

8 (i) PERSONNEL MATTERS.—

9 (1) HEADINGS.—Division D of the Bob Stump

10 National Defense Authorization Act for Fiscal Year

11 2003, as amended by this section, is further amended

12 by adding at the end the following new headings:

13 ‘‘TITLE XLVI—PERSONNEL

14 MATTERS

15 ‘‘Subtitle A—Personnel

16 Management’’.

17 (2) AUTHORITY FOR APPOINTMENT OF CERTAIN

18 SCIENTIFIC, ENGINEERING, AND TECHNICAL PER19 SONNEL.—Section 3161 of the National Defense Au20 thorization Act for Fiscal Year 1995 (Public Law

21 103–337; 108 Stat. 3095), as amended by section

22 3139 of the National Defense Authorization Act for

23 Fiscal Year 1998 (Public Law 105–85; 111 Stat.

24 2040), sections 3152 and 3155 of the Strom Thur25 mond National Defense Authorization Act for Fiscal
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1 Year 1999 (Public Law 105–261; 112 Stat. 2253,

2 2257), and section 3191 of the Floyd D. Spence Na3 tional Defense Authorization Act for Fiscal Year 2001

4 (as enacted into law by Public Law 106–398; 114

5 Stat. 1654A–480), is—

6 (A) transferred to title XLVI of division D

7 of the Bob Stump National Defense Authoriza8 tion Act for Fiscal Year 2003, as added by para9 graph (1);

10 (B) redesignated as section 4601; and

11 (C) inserted after the heading for subtitle A

12 of such title, as so added.

13 (3) WHISTLEBLOWER PROTECTION PROGRAM.—

14 Section 3164 of the National Defense Authorization

15 Act for Fiscal Year 2000 (Public Law 106–65; 113

16 Stat. 946) is—

17 (A) transferred to title XLVI of division D

18 of the Bob Stump National Defense Authoriza19 tion Act for Fiscal Year 2003, as amended by

20 this subsection;

21 (B) redesignated as section 4602;

22 (C) inserted after section 4601, as added by

23 paragraph (2); and
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1 (D) amended in subsection (n) by striking

2 ‘‘60 days after the date of the enactment of this

3 Act,’’ and inserting ‘‘December 5, 1999,’’.

4 (4) EMPLOYEE INCENTIVES FOR WORKERS AT

5 CLOSURE PROJECT FACILITIES.—Section 3136 of the

6 Floyd D. Spence National Defense Authorization Act

7 for Fiscal Year 2001 (as enacted into law by Public

8 Law 106–398; 114 Stat. 1654A–458) is—

9 (A) transferred to title XLVI of division D

10 of the Bob Stump National Defense Authoriza11 tion Act for Fiscal Year 2003, as amended by

12 this subsection;

13 (B) redesignated as section 4603;

14 (C) inserted after section 4602, as added by

15 paragraph (3); and

16 (D) amended—

17 (i) in subsections (c) and (i)(1)(A), by

18 striking ‘‘section 3143 of the National De19 fense Authorization Act for Fiscal Year

20 1997 (42 U.S.C. 7274n)’’ and inserting

21 ‘‘section 4421’’; and

22 (ii) in subsection (g), by striking ‘‘sec23 tion 3143(h) of the National Defense Au24 thorization Act for Fiscal Year 1997’’ and

25 inserting ‘‘section 4421(h)’’.
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1 (5) DEFENSE NUCLEAR FACILITY WORKFORCE

2 RESTRUCTURING PLAN.—Section 3161 of the National

3 Defense Authorization Act for Fiscal Year 1993 (Pub4 lic Law 102–484; 106 Stat. 2644), as amended by sec5 tion 1070(c)(2) of the National Defense Authorization

6 Act for Fiscal Year 1995 (Public Law 103–337; 108

7 Stat. 2857), Public Law 105–277 (112 Stat. 2681–

8 419, 2681–430), and section 1048(h)(1) of the Na9 tional Defense Authorization Act for Fiscal Year 2002

10 (Public Law 107–107; 115 Stat. 1229), is—

11 (A) transferred to title XLVI of division D

12 of the Bob Stump National Defense Authoriza13 tion Act for Fiscal Year 2003, as amended by

14 this subsection;

15 (B) redesignated as section 4604;

16 (C) inserted after section 4603, as added by

17 paragraph (4); and

18 (D) amended—

19 (i) in subsection (a), by striking

20 ‘‘(hereinafter in this subtitle referred to as

21 the ‘Secretary’)’’; and

22 (ii) by adding at the end the following

23 new subsection:
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1 ‘‘(g) DEPARTMENT OF ENERGY DEFENSE NUCLEAR

2 FACILITY DEFINED.—In this section, the term ‘Department

3 of Energy defense nuclear facility’ means—

4 ‘‘(1) a production facility or utilization facility

5 (as those terms are defined in section 11 of the Atomic

6 Energy Act of 1954 (42 U.S.C. 2014)) that is under

7 the control or jurisdiction of the Secretary and that

8 is operated for national security purposes (including

9 the tritium loading facility at Savannah River,

10 South Carolina, the 236 H facility at Savannah

11 River, South Carolina; and the Mound Laboratory,

12 Ohio), but the term does not include any facility that

13 does not conduct atomic energy defense activities and

14 does not include any facility or activity covered by

15 Executive Order Number 12344, dated February 1,

16 1982, pertaining to the naval nuclear propulsion pro17 gram;

18 ‘‘(2) a nuclear waste storage or disposal facility

19 that is under the control or jurisdiction of the Sec20 retary;

21 ‘‘(3) a testing and assembly facility that is

22 under the control or jurisdiction of the Secretary and

23 that is operated for national security purposes (in24 cluding the Nevada Test Site, Nevada; the Pinnellas

25 Plant, Florida; and the Pantex facility, Texas);
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1 ‘‘(4) an atomic weapons research facility that is

2 under the control or jurisdiction of the Secretary (in3 cluding Lawrence Livermore, Los Alamos, and

4 Sandia National Laboratories); or

5 ‘‘(5) any facility described in paragraphs (1)

6 through (4) that—

7 ‘‘(A) is no longer in operation;

8 ‘‘(B) was under the control or jurisdiction

9 of the Department of Defense, the Atomic Energy

10 Commission, or the Energy Research and Devel11 opment Administration; and

12 ‘‘(C) was operated for national security

13 purposes.’’.

14 (6) AUTHORITY TO PROVIDE CERTIFICATE OF

15 COMMENDATION TO EMPLOYEES.—Section 3195 of the

16 Floyd D. Spence National Defense Authorization Act

17 for Fiscal Year 2001 (as enacted into law by Public

18 Law 106–398; 114 Stat. 1654A–481) is—

19 (A) transferred to title XLVI of division D

20 of the Bob Stump National Defense Authoriza21 tion Act for Fiscal Year 2003, as amended by

22 this subsection;

23 (B) redesignated as section 4605; and

24 (C) inserted after section 4604, as added by

25 paragraph (5).
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1 (7) SUBTITLE HEADING ON TRAINING AND EDU2 CATION.—Title XLVI of division D of the Bob Stump

3 National Defense Authorization Act for Fiscal Year

4 2003, as amended by this subsection, is further

5 amended by adding at the end the following new sub6 title heading:

7 ‘‘Subtitle B—Education and

8 Training’’.

9 (8) EXECUTIVE MANAGEMENT TRAINING.—Sec10 tion 3142 of the National Defense Authorization Act

11 for Fiscal Years 1990 and 1991 (Public Law 101–

12 189; 103 Stat. 1680) is—

13 (A) transferred to title XLVI of division D

14 of the Bob Stump National Defense Authoriza15 tion Act for Fiscal Year 2003, as amended by

16 this subsection;

17 (B) redesignated as section 4621;

18 (C) inserted after the heading for subtitle B

19 of such title, as added by paragraph (7); and

20 (D) amended in the section heading by add21 ing a period at the end.

22 (9) STOCKPILE STEWARDSHIP RECRUITMENT

23 AND TRAINING PROGRAM.—Section 3131 of the Na24 tional Defense Authorization Act for Fiscal Year 1995

25 (Public Law 103–337; 108 Stat. 3085) is—
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1 (A) transferred to title XLVI of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) redesignated as section 4622;

6 (C) inserted after section 4621, as added by

7 paragraph (8); and

8 (D) amended—

9 (i) in subsection (a)(1), by striking

10 ‘‘section 3138 of the National Defense Au11 thorization Act for Fiscal Year 1994 (Public

12 Law 103–160; 107 Stat. 1946; 42 U.S.C.

13 2121 note)’’ and inserting ‘‘section 4201’’;

14 and

15 (ii) in subsection (b)(2), by inserting

16 ‘‘of the National Defense Authorization Act

17 for Fiscal Year 1995 (Public Law 103–

18 337)’’ after ‘‘section 3101(a)(1)’’.

19 (10) FELLOWSHIP PROGRAM FOR DEVELOPMENT

20 OF SKILLS CRITICAL TO NUCLEAR WEAPONS COM21 PLEX.—Section 3140 of the National Defense Author22 ization Act for Fiscal Year 1996 (Public Law 104–

23 106; 110 Stat 621), as amended by section 3162 of the

24 National Defense Authorization Act for Fiscal Year

25 2000 (Public Law 106–65; 113 Stat. 943), is—
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1 (A) transferred to title XLVI of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) redesignated as section 4623; and

6 (C) inserted after section 4622, as added by

7 paragraph (9).

8 (11) SUBTITLE HEADING ON WORKER SAFETY.—

9 Title XLVI of division D of the Bob Stump National

10 Defense Authorization Act for Fiscal Year 2003, as

11 amended by this subsection, is further amended by

12 adding at the end the following new subtitle heading:

13 ‘‘Subtitle C—Worker Safety’’.

14 (12) WORKER PROTECTION AT NUCLEAR WEAP15 ONS FACILITIES.—Section 3131 of the National De16 fense Authorization Act for Fiscal Years 1992 and

17 1993 (Public Law 102–190; 105 Stat. 1571) is—

18 (A) transferred to title XLVI of division D

19 of the Bob Stump National Defense Authoriza20 tion Act for Fiscal Year 2003, as amended by

21 this subsection;

22 (B) redesignated as section 4641;

23 (C) inserted after the heading for subtitle C

24 of such title, as added by paragraph (11); and
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1 (D) amended in subsection (e) by inserting

2 ‘‘of the National Defense Authorization Act for

3 Fiscal Years 1992 and 1993 (Public Law 102–

4 190)’’ after ‘‘section 3101(9)(A)’’.

5 (13) SAFETY OVERSIGHT AND ENFORCEMENT AT

6 DEFENSE NUCLEAR FACILITIES.—Section 3163 of the

7 National Defense Authorization Act for Fiscal Year

8 1995 (Public Law 103–337; 108 Stat. 3097) is—

9 (A) transferred to title XLVI of division D

10 of the Bob Stump National Defense Authoriza11 tion Act for Fiscal Year 2003, as amended by

12 this subsection;

13 (B) redesignated as section 4642;

14 (C) inserted after section 4641, as added by

15 paragraph (12); and

16 (D) amended in subsection (b) by striking

17 ‘‘90 days after the date of the enactment of this

18 Act,’’ and inserting ‘‘January 5, 1995,’’.

19 (14) PROGRAM TO MONITOR WORKERS AT DE20 FENSE NUCLEAR FACILITIES EXPOSED TO HAZARDOUS

21 AND RADIOACTIVE SUBSTANCES.—Section 3162 of the

22 National Defense Authorization Act for Fiscal Year

23 1993 (Public Law 102–484; 106 Stat. 2646) is—

24 (A) transferred to title XLVI of division D

25 of the Bob Stump National Defense Authoriza-
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1 tion Act for Fiscal Year 2003, as amended by

2 this subsection;

3 (B) redesignated as section 4643;

4 (C) inserted after section 4642, as added by

5 paragraph (13); and

6 (D) amended—

7 (i) in subsection (b)(6), by striking ‘‘1

8 year after the date of the enactment of this

9 Act’’ and inserting ‘‘October 23, 1993’’;

10 (ii) in subsection (c), by striking ‘‘180

11 days after the date of the enactment of this

12 Act,’’ and inserting ‘‘April 23, 1993,’’; and

13 (iii) by adding at the end the following

14 new subsection:

15 ‘‘(c) DEFINITIONS.—In this section:

16 ‘‘(1) The term ‘Department of Energy defense

17 nuclear facility’ has the meaning given that term in

18 section 4604(g).

19 ‘‘(2) The term ‘Department of Energy employee’

20 means any employee of the Department of Energy

21 employed at a Department of Energy defense nuclear

22 facility, including any employee of a contractor of

23 subcontractor of the Department of Energy employed

24 at such a facility.’’.
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1 (j) BUDGET AND FINANCIAL MANAGEMENT MAT2 TERS.—

3 (1) HEADINGS.—Division D of the Bob Stump

4 National Defense Authorization Act for Fiscal Year

5 2003, as amended by this section, is further amended

6 by adding at the end the following new headings:

7 ‘‘TITLE XLVII—BUDGET AND FI8 NANCIAL MANAGEMENT MAT9 TERS

10 ‘‘Subtitle A—Recurring National

11 Security Authorization Provisions’’.

12 (2) RECURRING NATIONAL SECURITY AUTHOR13 IZATION PROVISIONS.—Sections 3620 through 3631 of

14 the Bob Stump National Defense Authorization Act

15 for Fiscal Year 2003 (Public Law 107–314; 116 Stat.

16 2756) are—

17 (A) transferred to title XLVII of division D

18 of such Act, as added by paragraph (1);

19 (B) redesignated as sections 4701 through

20 4712, respectively;

21 (C) inserted after the heading for subtitle A

22 of such title, as so added; and

23 (D) amended—
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1 (i) in section 4702, as so redesignated,

2 by striking ‘‘sections 3629 and 3630’’ and

3 inserting ‘‘sections 4710 and 4711’’;

4 (ii) in section 4706(a)(3)(B), as so re5 designated, by striking ‘‘section 3626’’ and

6 inserting ‘‘section 4707’’;

7 (iii) in section 4707(c), as so redesig8 nated, by striking ‘‘section 3625(b)(2)’’ and

9 inserting ‘‘section 4706(b)(2)’’;

10 (iv) in section 4710(c), as so redesig11 nated, by striking ‘‘section 3621’’ and in12 serting ‘‘section 4702’’;

13 (v) in section 4711(c), as so redesig14 nated, by striking ‘‘section 3621’’ and in15 serting ‘‘section 4702’’; and

16 (vi) in section 4712, as so redesignated,

17 by striking ‘‘section 3621’’ and inserting

18 ‘‘section 4702’’.

19 (3) SUBTITLE HEADING ON PENALTIES.—Title

20 XLVII of division D of the Bob Stump National De21 fense Authorization Act for Fiscal Year 2003, as

22 amended by this subsection, is further amended by

23 adding at the end the following new subtitle heading:
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1 ‘‘Subtitle B—Penalties’’.

2 (4) RESTRICTION ON USE OF FUNDS TO PAY PEN3 ALTIES UNDER ENVIRONMENTAL LAWS.—Section 3132

4 of the National Defense Authorization Act for Fiscal

5 Year 1987 (Public Law 99–661; 100 Stat. 4063) is—

6 (A) transferred to title XLVII of division D

7 of the Bob Stump National Defense Authoriza8 tion Act for Fiscal Year 2003, as amended by

9 this subsection;

10 (B) redesignated as section 4721;

11 (C) inserted after the heading for subtitle B

12 of such title, as added by paragraph (3); and

13 (D) amended in the section heading by add14 ing a period at the end.

15 (5) RESTRICTION ON USE OF FUNDS TO PAY PEN16 ALTIES UNDER CLEAN AIR ACT.—Section 211 of the

17 Department of Energy National Security and Mili18 tary Applications of Nuclear Energy Authorization

19 Act of 1981 (Public Law 96–540; 94 Stat. 3203) is—

20 (A) transferred to title XLVII of division D

21 of the Bob Stump National Defense Authoriza22 tion Act for Fiscal Year 2003, as amended by

23 this subsection;

24 (B) inserted after section 4721, as added by

25 paragraph (4); and
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1 (C) amended—

2 (i) by striking the section heading and

3 inserting the following new section heading:

4 ‘‘SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PEN5 ALTIES UNDER CLEAN AIR ACT.’’;

6 (ii) by striking SEC. 211.’’; and

7 (iii) by striking ‘‘this or any other

8 Act’’ and inserting ‘‘the Department of En9 ergy National Security and Military Appli10 cations of Nuclear Energy Authorization

11 Act of 1981 (Public Law 96–540) or any

12 other Act’’.

13 (6) SUBTITLE HEADING ON OTHER MATTERS.—

14 Title XLVII of division D of the Bob Stump National

15 Defense Authorization Act for Fiscal Year 2003, as

16 amended by this subsection, is further amended by

17 adding at the end the following new subtitle heading:

18 ‘‘Subtitle C—Other Matters’’.

19 (7) SINGLE REQUEST FOR AUTHORIZATION OF

20 APPROPRIATIONS FOR COMMON DEFENSE AND SECU21 RITY PROGRAMS.—Section 208 of the Department of

22 Energy National Security and Military Applications

23 of Nuclear Energy Authorization Act of 1979 (Public

24 Law 95–509; 92 Stat. 1779) is—
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1 (A) transferred to title XLVII of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) inserted after the heading for subtitle C

6 of such title, as added by paragraph (6); and

7 (C) amended—

8 (i) by striking the section heading and

9 inserting the following new section heading:

10 ‘‘SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF AP11 PROPRIATIONS FOR COMMON DEFENSE AND

12 SECURITY PROGRAMS.’’;

13 and

14 (ii) by striking ‘‘SEC. 208.’’.

15 (k) ADMINISTRATIVE MATTERS.—

16 (1) HEADINGS.—Division D of the Bob Stump

17 National Defense Authorization Act for Fiscal Year

18 2003, as amended by this section, is further amended

19 by adding at the end the following new headings:

20 ‘‘TITLE XLVIII—ADMINISTRATIVE

21 MATTERS

22 ‘‘Subtitle A—Contracts’’.

23 (2) COSTS NOT ALLOWED UNDER CERTAIN CON24 TRACTS.—Section 1534 of the Department of Defense

25 Authorization Act, 1986 (Public Law 99–145; 99
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1 Stat. 774), as amended by section 3131 of the Na2 tional Defense Authorization Act for Fiscal Years

3 1988 and 1989 (Public Law 100–180; 101 Stat.

4 1238), is—

5 (A) transferred to title XLVIII of division

6 D of the Bob Stump National Defense Authoriza7 tion Act for Fiscal Year 2003, as added by para8 graph (1);

9 (B) redesignated as section 4801;

10 (C) inserted after the heading for subtitle A

11 of such title, as so added; and

12 (D) amended—

13 (i) in the section heading, by adding a

14 period at the end; and

15 (ii) in subsection (b)(1), by striking

16 ‘‘the date of the enactment of this Act,’’ and

17 inserting ‘‘November 8, 1985,’’.

18 (3) PROHIBITION ON BONUSES TO CONTRACTORS

19 OPERATING DEFENSE NUCLEAR FACILITIES.—Section

20 3151 of the National Defense Authorization Act for

21 Fiscal Years 1990 and 1991 (Public Law 101–189;

22 103 Stat. 1682) is—

23 (A) transferred to title XLVIII of division

24 D of the Bob Stump National Defense Authoriza-
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1 tion Act for Fiscal Year 2003, as amended by

2 this subsection;

3 (B) redesignated as section 4802;

4 (C) inserted after section 4801, as added by

5 paragraph (2); and

6 (D) amended—

7 (i) in the section heading, by adding a

8 period at the end;

9 (ii) in subsection (a), by striking ‘‘the

10 date of the enactment of this Act’’ and in11 serting ‘‘November 29, 1989’’;

12 (iii) in subsection (b), by striking ‘‘6

13 months after the date of the enactment of

14 this Act,’’ and inserting ‘‘May 29, 1990,’’;

15 and

16 (iv) in subsection (d), by striking ‘‘90

17 days after the date of the enactment of this

18 Act’’ and inserting ‘‘March 1, 1990’’.

19 (4) CONTRACTOR LIABILITY FOR INJURY OR LOSS

20 OF PROPERTY ARISING FROM ATOMIC WEAPONS TEST21 ING PROGRAMS.—Section 3141 of the National De22 fense Authorization Act for Fiscal Year 1991 (Public

23 Law 101–510; 104 Stat. 1837) is—

24 (A) transferred to title XLVIII of division

25 D of the Bob Stump National Defense Authoriza-
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1 tion Act for Fiscal Year 2003, as amended by

2 this subsection;

3 (B) redesignated as section 4803;

4 (C) inserted after section 4802, as added by

5 paragraph (3); and

6 (D) amended—

7 (i) in the section heading, by adding a

8 period at the end; and

9 (ii) in subsection (d), by striking ‘‘the

10 date of the enactment of this Act’’ each

11 place it appears and inserting ‘‘November

12 5, 1990,’’.

13 (5) SUBTITLE HEADING ON RESEARCH AND DE14 VELOPMENT.—Title XLVIII of division D of the Bob

15 Stump National Defense Authorization Act for Fiscal

16 Year 2003, as amended by this subsection, is further

17 amended by adding at the end the following new sub18 title heading:

19 ‘‘Subtitle B—Research and

20 Development’’.

21 (6) LABORATORY-DIRECTED RESEARCH AND DE22 VELOPMENT.—Section 3132 of the National Defense

23 Authorization Act for Fiscal Year 1991 (Public Law

24 101–510; 104 Stat. 1832) is—
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1 (A) transferred to title XLVIII of division

2 D of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) redesignated as section 4811;

6 (C) inserted after the heading for subtitle B

7 of such title, as added by paragraph (5); and

8 (D) amended in the section heading by add9 ing a period at the end.

10 (7) LIMITATIONS ON USE OF FUNDS FOR LAB11 ORATORY DIRECTED RESEARCH AND DEVELOP12 MENT.—

13 (A) LIMITATIONS ON USE OF FUNDS FOR

14 LABORATORY DIRECTED RESEARCH AND DEVEL15 OPMENT.—Section 3137 of the National Defense

16 Authorization Act for Fiscal Year 1998 (Public

17 Law 105–85; 111 Stat. 2038) is—

18 (i) transferred to title XLVIII of divi19 sion D of the Bob Stump National Defense

20 Authorization Act for Fiscal Year 2003, as

21 amended by this subsection;

22 (ii) redesignated as section 4812;

23 (iii) inserted after section 4811, as

24 added by paragraph (6); and

25 (iv) amended—
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1 (I) in subsection (b), by striking

2 ‘‘section 3136(b) of the National De3 fense Authorization Act for Fiscal Year

4 1997 (Public Law 104–201; 110 Stat.

5 2831; 42 U.S.C. 7257b)’’ and inserting

6 ‘‘section 4812A(b)’’;

7 (II) in subsection (d)—

8 (aa) by striking ‘‘section

9 3136(b)(1)’’ and inserting ‘‘sec10 tion 4812A(b)(1)’’; and

11 (bb) by striking ‘‘section

12 3132(c) of the National Defense

13 Authorization Act for Fiscal Year

14 1991 (42 U.S.C. 7257a(c))’’ and

15 inserting ‘‘section 4811(c)’’; and

16 (III) in subsection (e), by striking

17 ‘‘section 3132(d) of the National De18 fense Authorization Act for Fiscal Year

19 1991 (42 U.S.C. 7257a(d))’’ and in20 serting ‘‘section 4811(d)’’.

21 (B) LIMITATION ON USE OF FUNDS FOR

22 CERTAIN RESEARCH AND DEVELOPMENT PUR23 POSES.—Section 3136 of the National Defense

24 Authorization Act for Fiscal Year 1997 (Public

25 Law 104–201; 110 Stat. 2830), as amended by
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1 section 3137 of the National Defense Authoriza2 tion Act for Fiscal Year 1998 (Public Law 105–

3 85; 111 Stat. 2038), is—

4 (i) transferred to title XLVIII of divi5 sion D of the Bob Stump National Defense

6 Authorization Act for Fiscal Year 2003, as

7 amended by this subsection;

8 (ii) redesignated as section 4812A;

9 (iii) inserted after section 4812, as

10 added by paragraph (7); and

11 (iv) amended in subsection (a) by in12 serting ‘‘of the National Defense Authoriza13 tion Act for Fiscal Year 1997 (Public Law

14 104–201)’’ after ‘‘section 3101’’.

15 (8) CRITICAL TECHNOLOGY PARTNERSHIPS.—

16 Section 3136 of the National Defense Authorization

17 Act for Fiscal Years 1992 and 1993 (Public Law

18 102–190; 105 Stat. 1577), as amended by section

19 203(b)(3) of Public Law 103–35 (107 Stat. 102), is—

20 (A) transferred to title XLVIII of division

21 D of the Bob Stump National Defense Authoriza22 tion Act for Fiscal Year 2003, as amended by

23 this subsection;

24 (B) redesignated as section 4813; and
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1 (C) inserted after section 4812A, as added

2 by paragraph (7)(B).

3 (9) UNIVERSITY-BASED RESEARCH COLLABORA4 TION PROGRAM.—Section 3155 of the National De5 fense Authorization Act for Fiscal Year 1998 (Public

6 Law 105–85; 111 Stat. 2044) is—

7 (A) transferred to title XLVIII of division

8 D of the Bob Stump National Defense Authoriza9 tion Act for Fiscal Year 2003, as amended by

10 this subsection;

11 (B) redesignated as section 4814;

12 (C) inserted after section 4813, as added by

13 paragraph (8); and

14 (D) amended in subsection (c) by striking

15 ‘‘this title’’ and inserting ‘‘title XXXI of the Na16 tional Defense Authorization Act for Fiscal Year

17 1998 (Public Law 105–85)’’.

18 (10) SUBTITLE HEADING ON FACILITIES MAN19 AGEMENT.—Title XLVIII of division D of the Bob

20 Stump National Defense Authorization Act for Fiscal

21 Year 2003, as amended by this subsection, is further

22 amended by adding at the end the following new sub23 title heading:
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1 ‘‘Subtitle C—Facilities

2 Management’’.

3 (11) TRANSFERS OF REAL PROPERTY AT CER4 TAIN FACILITIES.—Section 3158 of the National De5 fense Authorization Act for Fiscal Year 1998 (Public

6 Law 105–85; 111 Stat. 2046) is—

7 (A) transferred to title XLVIII of division

8 D of the Bob Stump National Defense Authoriza9 tion Act for Fiscal Year 2003, as amended by

10 this subsection;

11 (B) redesignated as section 4831; and

12 (C) inserted after the heading for subtitle C

13 of such title, as added by paragraph (10).

14 (12) ENGINEERING AND MANUFACTURING RE15 SEARCH, DEVELOPMENT, AND DEMONSTRATION AT

16 CERTAIN NUCLEAR WEAPONS PRODUCTION PLANTS.—

17 Section 3156 of the Floyd D. Spence National Defense

18 Authorization Act for Fiscal Year 2001 (as enacted

19 into law by Public Law 106–398; 114 Stat. 1654A–

20 467) is—

21 (A) transferred to title XLVIII of division

22 D of the Bob Stump National Defense Authoriza23 tion Act for Fiscal Year 2003, as amended by

24 this subsection;

25 (B) redesignated as section 4832; and
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1 (C) inserted after section 4831, as added by

2 paragraph (11).

3 (13) PILOT PROGRAM ON USE OF PROCEEDS OF

4 DISPOSAL OR UTILIZATION OF CERTAIN ASSETS.—

5 Section 3138 of the National Defense Authorization

6 Act for Fiscal Year 1998 (Public Law 105–85; 111

7 Stat. 2039) is—

8 (A) transferred to title XLVIII of division

9 D of the Bob Stump National Defense Authoriza10 tion Act for Fiscal Year 2003, as amended by

11 this subsection;

12 (B) redesignated as section 4833;

13 (C) inserted after section 4832, as added by

14 paragraph (12); and

15 (D) amended in subsection (d) by striking

16 ‘‘sections 202 and 203(j) of the Federal Property

17 and Administrative Services Act of 1949 (40

18 U.S.C. 483 and 484(j))’’ and inserting ‘‘sub19 chapter II of chapter 5 and section 549 of title

20 40, United States Code,’’.

21 (14) SUBTITLE HEADING ON OTHER MATTERS.—

22 Title XLVIII of division D of the Bob Stump Na23 tional Defense Authorization Act for Fiscal Year

24 2003, as amended by this subsection, is further
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1 amended by adding at the end the following new sub2 title heading:

3 ‘‘Subtitle D—Other Matters’’.

4 (15) SEMIANNUAL REPORTS ON LOCAL IMPACT

5 ASSISTANCE.—Subsection (f) of section 3153 of the

6 National Defense Authorization Act for Fiscal Year

7 1998 (Public Law 105–85; 111 Stat. 2044) is—

8 (A) transferred to title XLVIII of division

9 D of the Bob Stump National Defense Authoriza10 tion Act for Fiscal Year 2003, as amended by

11 this subsection;

12 (B) inserted after the heading for subtitle D

13 of such title, as added by paragraph (14); and

14 (C) amended—

15 (i) by inserting before the text the fol16 lowing new section heading:

17 ‘‘SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT AS18 SISTANCE.’’;

19 (ii) by striking ‘‘(f) SEMIANNUAL

20 REPORTS ON LOCAL IMPACT ASSIST21 ANCE.—’’; and

22 (iii) by striking ‘‘section 3161(c)(6) of

23 the National Defense Authorization Act of

24 Fiscal Year 1993 (42 U.S.C. 7274h(c)(6))’’

25 and inserting ‘‘section 4604(c)(6)’’.
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1 (l) MATTERS RELATING TO PARTICULAR FACILI2 TIES.—

3 (1) HEADINGS.—Division D of the Bob Stump

4 National Defense Authorization Act for Fiscal Year

5 2003, as amended by this section, is further amended

6 by adding at the end the following new headings:

7 ‘‘TITLE XLIX—MATTERS RELAT8 ING TO PARTICULAR FACILI9 TIES

10 ‘‘Subtitle A—Hanford Reservation,

11 Washington’’.

12 (2) SAFETY MEASURES FOR WASTE TANKS.—Sec13 tion 3137 of the National Defense Authorization Act

14 for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

15 1833) is—

16 (A) transferred to title XLIX of division D

17 of the Bob Stump National Defense Authoriza18 tion Act for Fiscal Year 2003, as added by para19 graph (1);

20 (B) redesignated as section 4901;

21 (C) inserted after the heading for subtitle A

22 of such title, as so added; and

23 (D) amended—

24 (i) in the section heading, by adding a

25 period at the end;
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1 (ii) in subsection (a), by striking

2 ‘‘Within 90 days after the date of the enact3 ment of this Act,’’ and inserting ‘‘Not later

4 than February 3, 1991,’’;

5 (iii) in subsection (b), by striking

6 ‘‘Within 120 days after the date of the en7 actment of this Act,’’ and inserting ‘‘Not

8 later than March 5, 1991,’’;

9 (iv) in subsection (c), by striking ‘‘Be10 ginning 120 days after the date of the en11 actment of this Act,’’ and inserting ‘‘Begin12 ning March 5, 1991,’’; and

13 (v) in subsection (d), by striking

14 ‘‘Within six months of the date of the enact15 ment of this Act,’’ and inserting ‘‘Not later

16 than May 5, 1991,’’.

17 (3) PROGRAMS FOR PERSONS WHO MAY HAVE

18 BEEN EXPOSED TO RADIATION RELEASED FROM HAN19 FORD RESERVATION.—Section 3138 of the National

20 Defense Authorization Act for Fiscal Year 1991 (Pub21 lic Law 101–510; 104 Stat. 1834), as amended by sec22 tion 3138 of the National Defense Authorization Act

23 for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

24 3087), is—
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1 (A) transferred to title XLIX of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) redesignated as section 4902;

6 (C) inserted after section 4901, as added by

7 paragraph (2); and

8 (D) amended—

9 (i) in the section heading, by adding a

10 period at the end;

11 (ii) in subsection (a), by striking ‘‘this

12 title’’ and inserting ‘‘title XXXI of the Na13 tional Defense Authorization Act for Fiscal

14 Year 1991 (Public Law 101–510)’’; and

15 (iii) in subsection (c)—

16 (I) in paragraph (2), by striking

17 ‘‘six months after the date of the enact18 ment of this Act,’’ and inserting ‘‘May

19 5, 1991,’’; and

20 (II) in paragraph (3), by striking

21 ‘‘18 months after the date of the enact22 ment of this Act,’’ and inserting ‘‘May

23 5, 1992,’’.

24 (4) WASTE TANK CLEANUP PROGRAM.—Section

25 3139 of the Strom Thurmond National Defense Au-
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1 thorization Act for Fiscal Year 1999 (Public Law

2 105–261; 112 Stat. 2250), as amended by section

3 3141 of the Floyd D. Spence National Defense Au4 thorization Act for Fiscal Year 2001 (as enacted into

5 law by Public Law 106–398; 114 Stat. 1654A–463)

6 and section 3135 of the National Defense Authoriza7 tion Act for Fiscal Year 2002 (Public Law 107–107;

8 115 Stat. 1368), is—

9 (A) transferred to title XLIX of division D

10 of the Bob Stump National Defense Authoriza11 tion Act for Fiscal Year 2003, as amended by

12 this subsection;

13 (B) redesignated as section 4903;

14 (C) inserted after section 4902, as added by

15 paragraph (3); and

16 (D) amended in subsection (d) by striking

17 ‘‘30 days after the date of the enactment of the

18 Floyd D. Spence National Defense Authorization

19 Act for Fiscal Year 2001,’’ and inserting ‘‘No20 vember 29, 2000,’’.

21 (5) RIVER PROTECTION PROJECT.—Subsection

22 (a) of section 3141 of the Floyd D. Spence National

23 Defense Authorization Act for Fiscal Year 2001 (as

24 enacted into law by Public Law 106–398; 114 Stat.

25 1654A–462) is—
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1 (A) transferred to title XLIX of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) inserted after section 4903, as added by

6 paragraph (4); and

7 (C) amended—

8 (i) by inserting before the text the fol9 lowing new section heading:

10 ‘‘SEC. 4904. RIVER PROTECTION PROJECT.’’;

11 and

12 (ii) by striking ‘‘(a) REDESIGNATION

13 OF PROJECT.—’’.

14 (6) FUNDING FOR TERMINATION COSTS OF RIVER

15 PROTECTION PROJECT.—Section 3131 of the Floyd D.

16 Spence National Defense Authorization Act for Fiscal

17 Year 2001 (as enacted into law by Public Law 106–

18 398; 114 Stat. 1654A–454) is—

19 (A) transferred to title XLIX of division D

20 of the Bob Stump National Defense Authoriza21 tion Act for Fiscal Year 2003, as amended by

22 this subsection;

23 (B) redesignated as section 4905;

24 (C) inserted after section 4904, as added by

25 paragraph (5); and
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1 (D) amended—

2 (i) by striking ‘‘section 3141’’ and in3 serting ‘‘section 4904’’; and

4 (ii) by striking ‘‘the date of the enact5 ment of this Act’’ and inserting ‘‘October

6 30, 2000’’.

7 (7) SUBTITLE HEADING ON SAVANNAH RIVER

8 SITE, SOUTH CAROLINA.—Title XLIX of division D of

9 the Bob Stump National Defense Authorization Act

10 for Fiscal Year 2003, as amended by this subsection,

11 is further amended by adding at the end the following

12 new subtitle heading:

13 ‘‘Subtitle B—Savannah River Site,

14 South Carolina’’.

15 (8) ACCELERATED SCHEDULE FOR ISOLATING

16 HIGH-LEVEL NUCLEAR WASTE AT DEFENSE WASTE

17 PROCESSING FACILITY.—Section 3141 of the National

18 Defense Authorization Act for Fiscal Year 1997 (Pub19 lic Law 104–201; 110 Stat. 2834) is—

20 (A) transferred to title XLIX of division D

21 of the Bob Stump National Defense Authoriza22 tion Act for Fiscal Year 2003, as amended by

23 this subsection;

24 (B) redesignated as section 4911; and
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1 (C) inserted after the heading for subtitle B

2 of such title, as added by paragraph (7).

3 (9) MULTI-YEAR PLAN FOR CLEAN-UP.—Sub4 section (e) of section 3142 of the National Defense Au5 thorization Act for Fiscal Year 1997 (Public Law

6 104–201; 110 Stat. 2834) is—

7 (A) transferred to title XLIX of division D

8 of the Bob Stump National Defense Authoriza9 tion Act for Fiscal Year 2003, as amended by

10 this subsection;

11 (B) inserted after section 4911, as added by

12 paragraph (8); and

13 (C) amended—

14 (i) by inserting before the text the fol15 lowing new section heading:

16 ‘‘SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.’’;

17 and

18 (ii) by striking ‘‘(e) MULTI-YEAR PLAN

19 FOR CLEAN-UP AT SAVANNAH RIVER

20 SITE.—The Secretary’’ and inserting ‘‘The

21 Secretary of Energy’’.

22 (10) CONTINUATION OF PROCESSING, TREAT23 MENT, AND DISPOSAL OF LEGACY NUCLEAR MATE24 RIALS.—
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1 (A) FISCAL YEAR 2001.—Subsection (a) of

2 section 3137 of the Floyd D. Spence National

3 Defense Authorization Act for Fiscal Year 2001

4 (as enacted into law by Public Law 106–398;

5 114 Stat 1654A–460) is—

6 (i) transferred to title XLIX of division

7 D of the Bob Stump National Defense Au8 thorization Act for Fiscal Year 2003, as

9 amended by this subsection;

10 (ii) inserted after section 4912, as

11 added by paragraph (9); and

12 (iii) amended—

13 (I) by inserting before the text the

14 following new section heading:

15 ‘‘SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT,

16 AND DISPOSAL OF LEGACY NUCLEAR MATE17 RIALS.’’;

18 and

19 (II) by striking ‘‘(a) CONTINU20 ATION.—’’.

21 (B) FISCAL YEAR 2000.—Section 3132 of the

22 National Defense Authorization Act for Fiscal

23 Year 2000 (Public Law 106–65; 113 Stat. 924)

24 is—
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1 (i) transferred to title XLIX of division

2 D of the Bob Stump National Defense Au3 thorization Act for Fiscal Year 2003, as

4 amended by this subsection;

5 (ii) redesignated as section 4913A; and

6 (iii) inserted after section 4913, as

7 added by subparagraph (A).

8 (C) FISCAL YEAR 1999.—Section 3135 of the

9 Strom Thurmond National Defense Authoriza10 tion Act for Fiscal Year 1999 (Public Law 105–

11 261; 112 Stat. 2248) is—

12 (i) transferred to title XLIX of division

13 D of the Bob Stump National Defense Au14 thorization Act for Fiscal Year 2003, as

15 amended by this subsection;

16 (ii) redesignated as section 4913B; and

17 (iii) inserted after section 4913A, as

18 added by subparagraph (B).

19 (D) FISCAL YEAR 1998.—Subsection (b) of

20 section 3136 of the National Defense Authoriza21 tion Act for Fiscal Year 1998 (Public Law 105–

22 85; 111 Stat. 2038) is—

23 (i) transferred to title XLIX of division

24 D of the Bob Stump National Defense Au-
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1 thorization Act for Fiscal Year 2003, as

2 amended by this subsection;

3 (ii) inserted after section 4913B, as

4 added by subparagraph (C); and

5 (iii) amended—

6 (I) by inserting before the text the

7 following new section heading:

8 ‘‘SEC. 4913C. CONTINUATION OF PROCESSING, TREAT9 MENT, AND DISPOSAL OF LEGACY NUCLEAR

10 MATERIALS.’’;

11 and

12 (II) by striking ‘‘(b) REQUIRE13 MENT FOR CONTINUING OPERATIONS

14 AT SAVANNAH RIVER SITE.—’’.

15 (E) FISCAL YEAR 1997.—Subsection (f) of

16 section 3142 of the National Defense Authoriza17 tion Act for Fiscal Year 1997 (Public Law 104–

18 201; 110 Stat. 2836) is—

19 (i) transferred to title XLIX of division

20 D of the Bob Stump National Defense Au21 thorization Act for Fiscal Year 2003, as

22 amended by this subsection;

23 (ii) inserted after section 4913C, as

24 added by subparagraph (D); and

25 (iii) amended—
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1 (I) by inserting before the text the

2 following new section heading:

3 ‘‘SEC. 4913D. CONTINUATION OF PROCESSING, TREAT4 MENT, AND DISPOSAL OF LEGACY NUCLEAR

5 MATERIALS.’’;

6 (II) by striking ‘‘(f) REQUIRE7 MENT FOR CONTINUING OPERATIONS

8 AT SAVANNAH RIVER SITE.—The Sec9 retary’’ and inserting ‘‘The Secretary

10 of Energy’’; and

11 (III) by striking ‘‘subsection (e)’’

12 and inserting ‘‘section 4912’’.

13 (11) LIMITATION ON USE OF FUNDS FOR DECOM14 MISSIONING F–CANYON FACILITY.—Subsection (b) of

15 section 3137 of the Floyd D. Spence National Defense

16 Authorization Act for Fiscal Year 2001 (as enacted

17 into law by Public Law 106–398; 114 Stat. 1654A–

18 460) is—

19 (A) transferred to title XLIX of division D

20 of the Bob Stump National Defense Authoriza21 tion Act for Fiscal Year 2003, as amended by

22 this subsection;

23 (B) inserted after section 4913D, as added

24 by paragraph (10)(E); and

25 (C) amended—
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1 (i) by inserting before the text the fol2 lowing new section heading:

3 ‘‘SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOM4 MISSIONING F–CANYON FACILITY.’’;

5 (ii) by striking ‘‘(b) LIMITATION ON

6 USE OF FUNDS FOR DECOMMISSIONING F–

7 CANYON FACILITY.—’’;

8 (iii) by striking ‘‘this or any other

9 Act’’ and inserting ‘‘the Floyd D. Spence

10 National Defense Authorization Act for Fis11 cal Year 2001 (as enacted into law by Pub12 lic Law 106–398) or any other Act’’; and

13 (iv) by striking ‘‘the Secretary’’ in the

14 matter preceding paragraph (1) and insert15 ing ‘‘the Secretary of Energy’’.

16 (12) SUBTITLE HEADING ON OTHER FACILI17 TIES.—Title XLIX of division D of the Bob Stump

18 National Defense Authorization Act for Fiscal Year

19 2003, as amended by this subsection, is further

20 amended by adding at the end the following new sub21 title heading:

22 ‘‘Subtitle C—Other Facilities’’.

23 (13) PAYMENT OF COSTS OF OPERATION AND

24 MAINTENANCE OF INFRASTRUCTURE AT NEVADA TEST

25 SITE.—Section 3144 of the National Defense Author-
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1 ization Act for Fiscal Year 1997 (Public Law 104–

2 201; 110 Stat. 2838) is—

3 (A) transferred to title XLIX of division D

4 of such Act, as amended by this subsection;

5 (B) redesignated as section 4921; and

6 (C) inserted after the heading for subtitle C

7 of such title, as added by paragraph (12).

8 (m) CONFORMING AMENDMENTS.—(1) Title XXXVI of

9 the Bob Stump National Defense Authorization Act for Fis10 cal Year 2003 (Public Law 107–314; 116 Stat. 1756) is

11 repealed.

12 (2) Subtitle E of title XXXI of the National Defense

13 Authorization Act for Fiscal Year 1993 (Public Law 102–

14 484; 42 U.S.C. 7274h et seq.) is repealed.

15 (3) Section 8905a(d)(5)(A) of title 5, United States

16 Code, is amended by striking ‘‘section 3143 of the National

17 Defense Authorization Act for Fiscal Year 1997 (42 U.S.C.

18 7274n)’’ and inserting ‘‘section 4421 of the Atomic Energy

19 Defense Act’’.

20 TITLE XXXII—DEFENSE NU21 CLEAR FACILITIES SAFETY

22 BOARD

23 SEC. 3201. AUTHORIZATION.

24 There are authorized to be appropriated for fiscal year

25 2004, $19,559,000 for the operation of the Defense Nuclear
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1 Facilities Safety Board under chapter 21 of the Atomic En2 ergy Act of 1954 (42 U.S.C. 2286 et seq.).

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 1588

AMENDMENT