IB 

Union Calendar No. 53

108TH CONGRESS 

1ST SESSION H. R. 1588

[Report No. 108–106] 

To authorize appropriations for fiscal year 2004 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2004, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2003

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

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

MAY 16, 2003

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 3, 2003] 

A BILL

To authorize appropriations for fiscal year 2004 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2004, and 

for other purposes.

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

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2004’’. 

4 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

5 CONTENTS. 

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows: 

8 (1) Division A—Department of Defense Author9 izations. 

10 (2) Division B—Military Construction Author11 izations. 

12 (3) Division C—Department of Energy National 

13 Security Authorizations and Other Authorizations. 

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

15 this Act is as follows:

Sec. 1. Short title; findings. 

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. 

Subtitle B—Army Programs 

Sec. 111. Stryker vehicle program. 

Subtitle C—Navy Programs 

Sec. 121. Multiyear procurement authority for F/A–18 aircraft program. 

Sec. 122. Multiyear procurement authority for Tactical Tomahawk cruise missile 

program. 
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Sec. 123. Multiyear procurement authority for Virginia class submarine program. 

Sec. 124. Multiyear procurement authority for E–2C aircraft program. 

Sec. 125. LPD–17 class vessel. 

Subtitle D—Air Force Programs 

Sec. 131. Air Force air refueling transfer account. 

Sec. 132. Increase in number of aircraft authorized to be procured under 

multiyear procurement authority for Air Force C–130J aircraft 

program. 

Sec. 133. Limitation on retiring C–5 aircraft. 

Sec. 134. Limitation on obligation of funds for procurement of F/A–22 aircraft. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and 

Limitations 

Sec. 211. Collaborative program for development of electromagnetic gun technology. 

Sec. 212. Authority to select civilian employee of Department of Defense as director of Department of Defense Test Resource Management Center. 

Sec. 213. Development of the Joint Tactical Radio System. 

Sec. 214. Future Combat Systems. 

Sec. 215. Army program to pursue technologies leading to the enhanced production of titanium by the United States. 

Sec. 216. Extension of reporting requirement for RAH–66 Comanche aircraft program. 

Sec. 217. Studies of fleet platform architectures for the Navy. 

Subtitle C—Ballistic Missile Defense 

Sec. 221. Enhanced flexibility for ballistic missile defense systems. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense programs. 

Subtitle B—Environmental Provisions 

Sec. 311. Reauthorization and modification of title I of Sikes Act. 

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

Sec. 313. Inclusion of environmental response equipment and services in Navy 

definitions of salvage facilities and salvage services. 

Sec. 314. Clarification of Department of Defense response to environmental emergencies. 

Sec. 315. Requirements for restoration advisory boards and exemption from Federal Advisory Committee Act. 
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Sec. 316. Report regarding impact of civilian community encroachment and certain legal requirements on military installations and ranges. 

Sec. 317. Military readiness and conservation of protected species. 

Sec. 318. Military readiness and marine mammal protection. 

Sec. 319. Limitation on Department of Defense responsibility for civilian water 

consumption impacts related to Fort Huachuca, Arizona. 

Sec. 320. Construction of wetland crossings, Camp Shelby Combined Arms Maneuver Area, Camp Shelby, Mississippi. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Exclusion of certain expenditures from percentage limitation on contracting for performance of depot-level maintenance and repair 

workloads. 

Sec. 322. High-performing organization business process reengineering pilot program. 

Sec. 323. Delayed implementation of revised Office of Management and Budget 

Circular A-76 by Department of Defense pending report. 

Sec. 324. Naval Aviation Depots multi-trades demonstration project. 

Subtitle D—Information Technology 

Sec. 331. Performance-based and results-based management requirements for 

Chief Information Officers of Department of Defense. 

Subtitle E—Other Matters 

Sec. 341. Cataloging and standardization for defense supply management. 

Sec. 342. Space-available transportation for dependents of members assigned to 

overseas duty locations for continuous period in excess of one 

year. 

Sec. 343. Preservation of Air Force Reserve weather reconnaissance mission. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

Sec. 415. Permanent limitations on number of non-dual status technicians. 

Subtitle C—Authorizations of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—General and Flag Officer Matters 

Sec. 501. Standardization of qualifications for appointment as service chief. 
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Subtitle B—Other Officer Personnel Policy Matters 

Sec. 511. Repeal of prohibition on transfer between line of the Navy and Navy 

staff corps applicable to regular Navy officers in grades above 

lieutenant commander. 

Sec. 512. Retention of health professions officers to fulfill active-duty service commitments following promotion nonselection. 

Sec. 513. Increased flexibility for voluntary retirement for military officers. 

Subtitle C—Reserve Component Matters 

Sec. 521. Streamlined process for continuation of officers on the reserve active-status list. 

Sec. 522. Consideration of reserve officers for position vacancy promotions in 

time of war or national emergency. 

Sec. 523. Simplification of determination of annual participation for purposes of 

Ready Reserve training requirements. 

Sec. 524. Authority for delegation of required secretarial special finding for placement of certain retired members in Ready Reserve. 

Sec. 525. Authority to provide expenses of Army and Air Staff personnel and National Guard Bureau personnel attending national conventions 

of certain military associations. 

Subtitle D—Military Education and Training 

Sec. 531. Authority for the Marine Corps University to award the degree of master of operational studies. 

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

receiving ROTC scholarships. 

Sec. 533. Increase in allocation of scholarships under Army Reserve ROTC scholarship program to students at military junior colleges. 

Sec. 534. Inclusion of accrued interest in amounts that may be repaid under Selected Reserve critical specialties education loan repayment program. 

Sec. 535. Authority for nonscholarship senior ROTC sophomores to voluntarily 

contract for and receive subsistence allowance. 

Sec. 536. Appointments to military service academies from nominations made by 

delegates from Guam, Virgin Islands, and American Samoa. 

Sec. 537. Readmission to service academies of certain former cadets and midshipmen. 

Sec. 538. Authorization for Naval Postgraduate School to provide instruction to 

enlisted members participating in certain programs. 

Sec. 539. Defense task force on sexual harassment and violence at the military 

service academies. 

Subtitle E—Administrative Matters 

Sec. 541. Enhancements to high-tempo personnel program. 

Sec. 542. Enhanced retention of accumulated leave for high-deployment members. 

Sec. 543. Standardization of time-in-service requirements for voluntary retirement of members of the Navy and Marine Corps with Army and 

Air Force requirements. 

Sec. 544. Standardization of statutory authorities for exemptions from requirement for access to secondary schools by military recruiters. 

Sec. 545. Procedures for consideration of applications for award of the Purple 

Heart medal to veterans held as prisoners of war before April 

25, 1962. 
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Sec. 546. Authority for reserve and retired regular officers to hold State and local 

elective office notwithstanding call to active duty. 

Sec. 547. Clarification of offense under the Uniform Code of Military Justice relating to drunken or reckless operation of a vehicle, aircraft, or 

vessel. 

Sec. 548. Public identification of casualties no sooner than 24 hours after notification of next-of-kin. 

Subtitle F—Benefits 

Sec. 551. Additional classes of individuals eligible to participate in the Federal 

long-term care insurance program. 

Sec. 552. Authority to transport remains of retirees and retiree dependents who 

die in military treatment facilities outside the United States. 

Sec. 553. Eligibility for dependents of certain mobilized reservists stationed overseas to attend defense dependents schools overseas. 

Subtitle G—Other Matters 

Sec. 561. Extension of requirement for exemplary conduct by commanding officers 

and others in authority to include civilians in authority in the 

Department of Defense. 

Sec. 562. Recognition of military families. 

Sec. 563. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian 

employees. 

Sec. 564. Permanent authority for support for certain chaplain-led military family support programs. 

Sec. 565. Department of Defense-Department of Veterans Affairs Joint Executive 

Committee. 

Sec. 566. Limitation on aviation force structure changes in the Department of the 

Navy. 

Sec. 567. Impact-aid eligibility for heavily impacted local educational agencies 

affected by privitization of military housing. 

Sec. 568. Investigation into the 1991 death of Marine Corps Colonel James E. 

Sabow. 

Subtitle H—Domestic Violence 

Sec. 571. Travel and transportation for dependents relocating for reasons of personal safety. 

Sec. 572. Commencement and duration of payment of transitional compensation. 

Sec. 573. Flexibility in eligibility for transitional compensation. 

Sec. 574. Types of administrative separations triggering coverage. 

Sec. 575. On-going review group. 

Sec. 576. Resources for Department of Defense implementation organization. 

Sec. 577. Fatality reviews. 

Sec. 578. Sense of Congress. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Computation of basic pay rate for commissioned officers with prior enlisted or warrant officer service. 
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Sec. 603. Special subsistence allowance authorities for members assigned to highcost duty location or under other unique and unusual circumstances. 

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. Computation of hazardous duty incentive pay for demolition duty and 

parachute jumping by members of reserve components entitled to 

compensation under section 206 of title 37. 

Sec. 616. Availability of hostile fire and imminent danger pay for reserve component members on inactive duty. 

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

Sec. 618. Eligibility of appointed warrant officers for accession bonus for new officers in critical skills. 

Sec. 619. Incentive pay for duty on ground in Antarctica or on Arctic icepack. 

Sec. 620. Special pay for service as member of Weapons of Mass Destruction Civil 

Support Team. 

Sec. 621. Incentive bonus for agreement to serve in critically short military occupational specialty. 

Sec. 622. Increase in rate for imminent danger pay and family separation allowance related to service in Operation Iraqi Freedom or Operation 

Enduring Freedom. 

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. Reimbursement for lodging expenses of certain reserve component and 

retired members during authorized leave from temporary duty 

location. 

Subtitle D—Retired Pay and Survivors Benefits 

Sec. 641. Funding for special compensation authorities for Department of Defense 

retirees. 

Subtitle E—Commissary and Nonappropriated Fund 

Instrumentality Benefits 

Sec. 651. Expanded commissary access for Selected Reserve members, reserve retirees under age 60, and their dependents. 

Sec. 652. Defense commissary system and exchange stores system. 

Sec. 653. Limitations on private operation of defense commissary store functions. 

Sec. 654. Use of appropriated funds to operate defense commissary system. 

Sec. 655. Recovery of nonappropriated fund instrumentality and commissary 

store investments in real property at military installations 

closed or realigned. 

Sec. 656. Commissary shelf-stocking pilot program. 
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Subtitle F—Other Matters 

Sec. 661. Repeal of congressional notification requirement for designation of critical military skills for retention bonus. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Revision of Department of Defense medicare-eligible retiree health care 

fund to permit more accurate actuarial valuations. 

Sec. 702. Transfer of certain members from pharmacy and therapeutics committee to Uniform Formulary Beneficiary Advisory Panel under 

the pharmacy benefits program. 

Sec. 703. Permanent extension of authority to enter into personal services contracts for the performance of health care responsibilities at locations other than military medical treatment facilities. 

Sec. 704. Plan for providing health coverage information to members, former 

members, and dependents eligible for certain health benefits. 

Sec. 705. Working group on military health care for persons reliant on health 

care facilities at military installations to be closed or realigned. 

Sec. 706. Acceleration of implementation of chiropractic health care for members 

on active duty. 

Sec. 707. Medical and dental screening for members of selected reserve units alerted for mobilization. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Amendments to General Contracting Authorities, 

Procedures, and Limitations 

Sec. 801. Extension of authority to carry out certain prototype projects. 

Sec. 802. Elimination of certain subcontract notification requirements. 

Sec. 803. Elimination of requirement to furnish written assurances of technical 

data conformity. 

Sec. 804. Limitation period for task and delivery order contracts. 

Sec. 805. Additional authorities relating to obtaining personal services. 

Sec. 806. Evaluation of prompt payment provisions. 

Subtitle B—United States Defense Industrial Base Provisions 

PART I—CRITICAL ITEMS IDENTIFICATION AND DOMESTIC PRODUCTION

CAPABILITIES IMPROVEMENT PROGRAM

Sec. 811. Assessment of United States defense industrial base capabilities. 

Sec. 812. Identification of critical items: military system breakout list. 

Sec. 813. Procurement of certain critical items from American sources. 

Sec. 814. Production capabilities improvement for certain critical items using 

Defense Industrial Base Capabilities Fund. 

PART II—REQUIREMENTS RELATING TO SPECIFIC ITEMS

Sec. 821. Domestic source limitation for certain additional items. 

Sec. 822. Requirements relating to buying commercial items containing specialty 

metals from American sources. 

Sec. 823. Elimination of unreliable sources of defense items and components. 

Sec. 824. Congressional notification required before exercising exception to requirement to buy specialty metals from American sources. 
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Sec. 825. Repeal of authority for foreign procurement of para-aramid fibers and 

yarns. 

Sec. 826. Requirement for major defense acquisition programs to use machine 

tools entirely produced within the United States. 

PART III—GENERAL PROVISIONS

Sec. 831. Definitions. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Sec. 901. Change in title of Secretary of the Navy to Secretary of the Navy and 

Marine Corps. 

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

Geospatial-intelligence Agency. 

Sec. 903. Pilot program for provision of space surveillance network services to 

non-United States governmental entities. 

Sec. 904. Clarification of responsibility of military departments to support combatant commands. 

Sec. 905. Biennial review of national military strategy by Chairman of the Joint 

Chiefs of Staff. 

Sec. 906. Authority for acceptance by Asia-Pacific Center for Security Studies of 

gifts and donations from nonforeign sources. 

Sec. 907. Repeal of rotating chairmanship of Economic Adjustment Committee. 

Sec. 908. Pilot program for improved civilian personnel management. 

Sec. 909. Extension of certain authorities applicable to the Pentagon Reservation 

to include designated Pentagon continuity-of-government locations. 

Sec. 910. Defense acquisition workforce reductions. 

Sec. 911. Required force structure. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Transfer authority. 

Sec. 1002. Authorization of supplemental appropriations for fiscal year 2003. 

Sec. 1003. Authority to transfer procurement funds for a major defense acquisition program for continued development work on that program. 

Sec. 1004. Restoration of authority to enter into 12-month leases at any time 

during the fiscal year. 

Sec. 1005. Authority for retention of additional amounts realized from energy 

cost savings. 

Sec. 1006. Repeal of requirement for two-year budget cycle for the Department of 

Defense. 

Sec. 1007. Authority to provide reimbursement for use of personal cellular telephones when used for official government business. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Repeal of requirement regarding preservation of surge capability for 

naval surface combatants. 

Sec. 1012. Enhancement of authority relating to use for experimental purposes of 

vessels stricken from Naval Vessel Register. 

Sec. 1013. Authorization for transfer of vessels stricken from Naval Vessel Register 

for use as artificial reefs. 
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Sec. 1014. Pilot program for sealift ship construction. 

Subtitle C—Reports 

Sec. 1021. Repeal and modification of various reporting requirements applicable 

to the Department of Defense. 

Sec. 1022. Report on Operation Iraqi Freedom. 

Sec. 1023. Report on Department of Defense post-conflict activities in Iraq. 

Sec. 1024. Report on development of mechanisms to better connect Department of 

Defense space capabilities to the war fighter. 

Subtitle D—Procurement of Defense Biomedical 

Countermeasures 

Sec. 1031. Research and development of defense biomedical countermeasures. 

Sec. 1032. Procurement of defense biomedical countermeasures. 

Sec. 1033. Authorization for use of medical products in emergencies. 

Subtitle E—Other Matters 

Sec. 1041. Codification and revision of defense counterintelligence polygraph program authority. 

Sec. 1042. Codification and revision of limitation on modification of major items 

of equipment scheduled for retirement or disposal. 

Sec. 1043. Additional definitions for purposes of title 10, United States Code. 

Sec. 1044. Inclusion of annual military construction authorization request in annual defense authorization request. 

Sec. 1045. Technical and clerical amendments. 

Sec. 1046. Authority to provide living quarters for certain students in cooperative 

and summer education programs of the National Security Agency. 

Sec. 1047. Use of drug interdiction and counter-drug funds to support activities 

of the Government of Colombia. 

Sec. 1048. Authority for joint task forces to provide support to law enforcement 

agencies conducting counter-terrorism activities. 

Sec. 1049. Use of National Driver Register for personnel security investigations 

and determinations. 

Sec. 1050. Protection of operational files of the National Security Agency. 

Sec. 1051. Assistance for study of feasibility of biennial international air trade 

show in the United States and for initial implementation. 

Sec. 1052. Continuation of reasonable access to military installations for personal 

commercial solicitation. 

Sec. 1053. Commission on Nuclear Strategy of the United States. 

Sec. 1054. Extension of Counterproliferation Program Review Committee. 

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN 

PERSONNEL 

Subtitle A—Department of Defense Civilian Personnel 

Generally 

Sec. 1101. Modification of the overtime pay cap. 

Sec. 1102. Military leave for mobilized Federal civilian employees. 

Sec. 1103. Common occupational and health standards for differential payments 

as a consequence of exposure to asbestos. 

Sec. 1104. Increase in annual student loan repayment authority. 
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Sec. 1105. Authorization for cabinet secretaries, secretaries of military departments, and heads of executive agencies to be paid on a biweekly 

basis. 

Sec. 1106. Senior executive service and performance. 

Sec. 1107. Design elements of pay-for-performance systems in demonstration 

projects. 

Sec. 1108. Federal flexible benefits plan administrative costs. 

Sec. 1109. Clarification to Hatch Act; limitation on disclosure of certain records. 

Sec. 1110. Employee surveys. 

Subtitle B—Department of Defense National Security 

Personnel System 

Sec. 1111. Department of Defense national security personnel system. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

Sec. 1201. Expansion of authority to provide administrative support and services 

and travel and subsistence expenses for certain foreign liaison officers. 

Sec. 1202. Recognition of superior noncombat achievements or performance by 

members of friendly foreign forces and other foreign nationals. 

Sec. 1203. Expansion of authority to waive charges for costs of attendance at 

George C. Marshall European Center for Security Studies. 

Sec. 1204. Identification of goods and technologies critical for military superiority. 

Sec. 1205. Report on acquisition by Iraq of advanced weapons.

Sec. 1206. Authority for check cashing and currency exchange services to be provided to foreign military members participating in certain activities with United States forces. 

Sec. 1207. Requirements for transfer to foreign countries of certain specified types 

of excess aircraft. 

Sec. 1208. Limitation on number of United States military personnel in Colombia. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on use of funds until certain permits obtained. 

Sec. 1304. Limitation on use of funds for biological research in the former Soviet 

Union. 

Sec. 1305. Authority and funds for nonproliferation and disarmament. 

Sec. 1306. Requirement for on-site managers. 

Sec. 1307. Provisions relating to funding for chemical weapons destruction facility in Russia. 

TITLE XIV—SERVICES ACQUISITION REFORM 

Sec. 1401. Short title. 

Sec. 1402. Executive agency defined. 

Subtitle A—Acquisition Workforce and Training 

Sec. 1411. Definition of acquisition. 

Sec. 1412. Acquisition workforce training fund. 

Sec. 1413. Acquisition workforce recruitment program. 
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Sec. 1414. Architectural and engineering acquisition workforce. 

Subtitle B—Adaptation of Business Acquisition Practices 

Part I—Adaptation of Business Management Practices 

Sec. 1421. Chief Acquisition Officers. 

Sec. 1422. Chief Acquisition Officers Council. 

Sec. 1423. Statutory and regulatory review. 

Part II—Other Acquisition Improvements 

Sec. 1426. Extension of authority to carry out franchise fund programs. 

Sec. 1427. Agency acquisition protests. 

Sec. 1428. Improvements in contracting for architectural and engineering services. 

Sec. 1429. Authorization of telecommuting for Federal contractors. 

Subtitle C—Contract Incentives 

Sec. 1431. Incentives for contract efficiency. 

Subtitle D—Acquisitions of Commercial Items 

Sec. 1441. Preference for performance-based contracting. 

Sec. 1442. Authorization of additional commercial contract types. 

Sec. 1443. Clarification of commercial services definition. 

Sec. 1444. Designation of commercial business entities. 

Subtitle E—Other Matters 

Sec. 1451. Authority to enter into certain procurement-related transactions and 

to carry out certain prototype projects. 

Sec. 1452. Authority to make inflation adjustments to simplified acquisition 

threshold. 

Sec. 1453. Technical corrections related to duplicative amendments. 

Sec. 1454. Prohibition on use of quotas. 

Sec. 1455. Applicability of certain provisions to sole source contracts for goods 

and services treated as commercial items. 

Sec. 1456. Public disclosure of noncompetitive contracting for the reconstruction 

of infrastructure in Iraq. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title. 

TITLE XXI—ARMY 

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

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2002 

projects. 

TITLE XXII—NAVY 

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

Sec. 2202. Family housing. 
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Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Family housing. 

Sec. 2403. Improvements to military family housing units. 

Sec. 2404. Energy conservation projects. 

Sec. 2405. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

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

projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

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

law. 

Sec. 2702. Extension of authorization of certain fiscal year 2001 project. 

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. Increase in maximum amount of authorized annual emergency construction. 

Sec. 2802. Authority to lease military family housing units in Italy. 

Sec. 2803. Changes to alternative authority for acquisition and improvement of 

military housing. 

Sec. 2804. Additional material for annual report on housing privatization program. 

Sec. 2805. Authority to convey property at military installations closed or to be 

closed in exchange for military construction activities. 

Sec. 2806. Congressional notification and reporting requirements and limitations 

regarding use of operation and maintenance funds for construction. 

Sec. 2807. Increase in authorized maximum lease term for family housing and 

other facilities in certain foreign countries. 
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Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Real property transactions. 

Subtitle C—Land Conveyances 

Sec. 2821. Termination of lease and conveyance of Army Reserve facility, 

Conway, Arkansas. 

Sec. 2822. Actions to quiet title, Fallin Waters Subdivision, Eglin Air Force 

Base, Florida. 

Sec. 2823. Modification of land conveyance, Eglin Air Force Base, Florida. 

Sec. 2824. Land conveyance, Fort Campbell, Kentucky and Tennessee. 

Sec. 2825. Land conveyance, Army and Air Force Exchange Service Property, 

Dallas, Texas. 

Sec. 2826. Land conveyance, Naval Reserve Center, Orange, Texas. 

Subtitle D—Other Matters 

Sec. 2841. Redesignation of Yuma Training Range Complex as Bob Stump 

Training Range Complex. 

Sec. 2842. Modification of authority to conduct a round of realignments and closures of military installations in 2005. 

Sec. 2843. Use of force-structure plan for the Armed Forces in preparation of selection criteria for base closure round. 

Sec. 2844. Requirement for unanimous vote of Defense Base Closure and Realignment Commission to recommend closure of military installations 

not recommended for closure by Secretary of Defense. 

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. Energy supply. 

Subtitle B—Program Authorizations, Restrictions, and 

Limitations 

Sec. 3111. Modification of prohibition relating to low-yield nuclear weapons. 

Sec. 3112. Termination of requirement for annual updates of long-term plan for 

nuclear weapons stockpile life extension program. 

Sec. 3113. Extension to all DOE facilities of authority to prohibit dissemination 

of certain unclassified information. 

Sec. 3114. Department of Energy project review groups not subject to Federal Advisory Committee Act by reason of inclusion of employees of Department of Energy management and operating contractors. 

Sec. 3115. Availability of funds. 

Sec. 3116. Limitation on obligation of funds for Nuclear Test Readiness program. 

Sec. 3117. Requirement for on-site managers. 
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Subtitle C—Consolidation of National Security Provisions 

Sec. 3121. Transfer and consolidation of recurring and general provisions on Department of Energy national security programs. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Revisions to objectives for receipts for fiscal year 2000 disposals. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Subtitle A—General Provisions 

Sec. 3501. Short title. 

Sec. 3502. Definitions. 

Subtitle B—Maritime Security Fleet 

Sec. 3511. Establishment of Maritime Security Fleet. 

Sec. 3512. Award of operating agreements. 

Sec. 3513. Effectiveness of operating agreements. 

Sec. 3514. Obligations and rights under operating agreements. 

Sec. 3515. Payments. 

Sec. 3516. National security requirements. 

Sec. 3517. Regulatory relief. 

Sec. 3518. Special rule regarding age of former participating fleet vessel. 

Sec. 3519. Authorization of appropriations. 

Sec. 3520. Amendment to Shipping Act, 1916. 

Sec. 3521. Regulations. 

Sec. 3522. Repeals and conforming amendments. 

Sec. 3523. Effective dates. 

Subtitle C—National Defense Tank Vessel Construction 

Assistance 

Sec. 3531. National defense tank vessel construction program. 

Sec. 3532. Application procedure. 

Sec. 3533. Award of assistance. 

Sec. 3534. Priority for title XI assistance. 

Sec. 3535. Authorization of appropriations. 

Subtitle D—Maritime Administration Authorization 

Sec. 3541. Authorization of appropriations for Maritime Administration for fiscal year 2004. 

Sec. 3542. Authority to convey vessel USS HOIST (ARS–40).
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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.

9 DIVISION A—DEPARTMENT OF 

10 DEFENSE AUTHORIZATIONS 

11 TITLE I—PROCUREMENT

12 Subtitle A—Authorization of 

13 Appropriations 

14 SEC. 101. ARMY. 

15 Funds are hereby authorized to be appropriated for fis16 cal year 2004 for procurement for the Army as follows: 

17 (1) For aircraft, $2,194,585,000. 

18 (2) For missiles, $1,594,662,000. 

19 (3) For weapons and tracked combat vehicles, 

20 $2,197,404,000. 

21 (4) For ammunition, $1,428,966,000. 

22 (5) For other procurement, $4,321,496,000. 

23 SEC. 102. NAVY AND MARINE CORPS. 

24 (a) NAVY.—Funds are hereby authorized to be appro25 priated for fiscal year 2004 for procurement for the Navy 

26 as follows: 
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1 (1) For aircraft, $9,050,048,000. 

2 (2) For weapons, including missiles and tor3 pedoes, $2,529,821,000. 

4 (3) For ammunition, $963,355,000. 

5 (4) For shipbuilding and conversion, 

6 $11,472,384,000. 

7 (5) For other procurement, $4,614,892,000. 

8 (b) MARINE CORPS.—Funds are hereby authorized to 

9 be appropriated for fiscal year 2004 for procurement for 

10 the Marine Corps in the amount of $1,154,299,000. 

11 SEC. 103. AIR FORCE. 

12 Funds are hereby authorized to be appropriated for fis13 cal year 2004 for procurement for the Air Force as follows: 

14 (1) For aircraft, $12,604,451,000. 

15 (2) For ammunition, $1,324,725,000. 

16 (3) For missiles, $4,348,039,000. 

17 (4) For other procurement, $11,376,059,000. 

18 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

19 Funds are hereby authorized to be appropriated for fis20 cal year 2004 for Defense-wide procurement in the amount 

21 of $3,734,821,000.

22 Subtitle B—Army Programs

23 SEC. 111. STRYKER VEHICLE PROGRAM. 

24 (a) LIMITATION.—Of the funds authorized to be appro25 priated under section 101 for procurement for the Army 
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1 for fiscal year 2004 that are available for the Stryker vehi2 cle program, not more than $655,000,000 may be obligated 

3 until—

4 (1) the Secretary of the Army has submitted to 

5 the Deputy Secretary of Defense the report specified 

6 in subsection (b); 

7 (2) the Secretary of Defense has submitted to the 

8 congressional defense committees the report and cer9 tification referred to in subsection (c); and 

10 (3) a period of 30 days has elapsed after the date 

11 of the receipt by those committees of the report and 

12 certification under paragraph (2). 

13 (b) SECRETARY OF THE ARMY REPORT.—The report 

14 referred to in subsection (a)(1) is the report required to be 

15 submitted by the Secretary of the Army to the Deputy Sec16 retary of Defense not later than July 8, 2003, that identifies 

17 options for modifications to the equipment and configura18 tion of the Army brigade designated as ‘‘Stryker brigades’’ 

19 to assure that those brigades, after incorporating such modi20 fications, provide— 

21 (1) a higher level of combat capability and sus22 tainability; 

23 (2) a capability across a broader spectrum of 

24 combat operations; and 
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1 (3) a capability to be employed independently of 

2 higher-level command formations and support. 

3 (c) SECRETARY OF DEFENSE REPORT AND CERTIFI4 CATION.—The Secretary of Defense shall transmit to the 

5 congressional defense committees not later than 30 days 

6 after the date of the receipt by the Deputy Secretary of De7 fense of the report of the Secretary of the Army referred 

8 to in subsection (b), the modification options identified by 

9 the Secretary of the Army for purposes of that report. The 

10 Secretary of Defense shall include any comments that may 

11 be applicable to the analysis of the Secretary of the Army’s 

12 report and shall certify to the committees whether in the 

13 Secretary’s judgment fielding the fourth Stryker brigade as 

14 planned by the Army in a different configuration from the 

15 first three such brigades will fulfill the three objectives set 

16 forth in subsection (b). 

17 (d) AUTHORIZED USE OF REMAINDER OF FUNDS.—

18 The funds authorized to be appropriated for procurement 

19 for the Army for fiscal year 2004 that are available for the 

20 Stryker vehicle program and that become available for obli21 gation upon the conditions of subsection (a) being met shall 

22 be obligated either—

23 (1) to develop, procure, and field equipment and 

24 capabilities for the fourth Stryker brigade combat 

25 team that would accelerate the options for modifica-
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1 tions to enhance Stryker brigades identified in sub2 section (b); or 

3 (2) for the equipment identified in the fiscal year 

4 2004 budget request to be procured for the fourth 

5 Stryker brigade, if the Secretary of Defense, after re6 viewing the Secretary of Army’s report under sub7 section (b), determines that the current configuration 

8 of the fourth Stryker brigade meets the criteria in 

9 paragraphs (1) through (3) of subsection (b) and cer10 tifies to the congressional defense committees that the 

11 equipment identified in the fiscal year 2004 budget 

12 request to be procured for the fourth Stryker brigade 

13 provides those capabilities. 

14 (e) LIMITATIONS.—(1) In obligating funds in accord15 ance with either paragraph (1) or paragraph (2) of sub16 section (d), no action may be taken that would delay, 

17 hinder, or otherwise disrupt the current production and 

18 fielding schedule for the fourth Stryker brigade. 

19 (2) Notwithstanding any other provision of this sec20 tion, all funds authorized to be appropriated under section 

21 101 for procurement for the Army for fiscal year 2004 that 

22 are available for the Stryker vehicle program shall be used 

23 exclusively to develop, procure, and field Stryker combat ve24 hicles.
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1 Subtitle C—Navy Programs

2 SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A–

3 18 AIRCRAFT PROGRAM. 

4 The Secretary of the Navy may, in accordance with 

5 section 2306b of title 10, United States Code, enter into a 

6 multiyear contract, beginning with the fiscal year 2005 pro7 gram year, for procurement of aircraft in the F/A–18E, F/

8 A–18F, and EA–18G configurations. The total number of 

9 aircraft procured through a multiyear contract under this 

10 section may not exceed 234.

11 SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR TAC12 TICAL TOMAHAWK CRUISE MISSILE PRO13 GRAM. 

14 The Secretary of the Navy may, in accordance with 

15 section 2306b of title 10, United States Code, enter into a 

16 multiyear contract, beginning with the fiscal year 2004 pro17 gram year, for procurement of Tactical Tomahawk cruise 

18 missiles. The total number of missiles procured through a 

19 multiyear contract under this section shall be determined 

20 by the Secretary of the Navy, based upon the funds avail21 able, but not to exceed 900 in any year.

22 SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR23 GINIA CLASS SUBMARINE PROGRAM. 

24 (a) AUTHORITY.—The Secretary of the Navy may, in 

25 accordance with section 2306b of title 10, United States 
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1 Code, enter into a multiyear contract, beginning with the 

2 fiscal year 2004 program year, for procurement of seven 

3 Virginia-class submarines. 

4 (b) LIMITATION.—The Secretary of the Navy may not 

5 enter into a contract authorized by subsection (a) until—

6 (1) the Secretary submits to the congressional de7 fense committees a certification that the Secretary has 

8 made each of the findings with respect to such con9 tract specified in subsection (a) of section 2306b of 

10 title 10, United States Code; and 

11 (2) a period of 30 days has elapsed after the date 

12 of the transmission of such certification. 

13 SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR E–2C 

14 AIRCRAFT PROGRAM. 

15 (a) AIRCRAFT.—The Secretary of the Navy may, in 

16 accordance with section 2306b of title 10, United States 

17 Code, enter into a multiyear contract, beginning with the 

18 fiscal year 2004 program year, for procurement of four E19 2C and four TE–2C aircraft. 

20 (b) ENGINES.—The Secretary of the Navy may, in ac21 cordance with section 2306b of title 10, United States Code, 

22 enter into a multiyear contract, beginning with the fiscal 

23 year 2004 program year, for procurement of 16 engines for 

24 aircraft in the E-2C or TE–2C configuration. 
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1 (c) LIMITATION ON TERM OF CONTRACTS.—Notwith2 standing subsection (k) of section 2306b of title 10, United 

3 States Code, a contract under this section may not be for 

4 a period in excess of four program years.

5 SEC. 125. LPD–17 CLASS VESSEL. 

6 If after May 7, 2003, there is enacted an Act making 

7 supplemental appropriations for the Department of Defense 

8 for fiscal year 2003 that includes appropriation of an 

9 amount for procurement of Tomahawk cruise missiles for 

10 the Navy, then—

11 (1) the amount provided in section 102 for pro12 curement of weapons for the Navy is reduced by the 

13 amount so appropriated or by $200,000,000, which14 ever is less, with such reduction to be derived from 

15 amounts authorized for procurement of Tomahawk 

16 cruise missiles; and 

17 (2) the amount provided in section 102 for ship18 building and conversion is increased by the amount 

19 of the reduction under paragraph (1), with the 

20 amount of such increase to be available for advance 

21 procurement of long-lead items, including the advance 

22 fabrication of components, for one LPD–17 class ves23 sel.
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1 Subtitle D—Air Force Programs

2 SEC. 131. AIR FORCE AIR REFUELING TRANSFER ACCOUNT. 

3 (a) TRANSFER ACCOUNT.—There is hereby established 

4 an account for the Department of the Air Force to be known 

5 as the Air Force Air Refueling Transfer Account. Amounts 

6 in such account may be used in accordance with subsection 

7 (c). 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Within 

9 the amount provided in section 103(1), there is authorized 

10 to be appropriated to the Air Force Air Refueling Transfer 

11 Account for fiscal year 2004 the amount of $229,200,000. 

12 (c) AUTHORIZED USE OF FUNDS.—Amounts in the 

13 Air Force Air Refueling Transfer Account may be used for 

14 any of the following purposes, as determined by the Sec15 retary of the Air Force: 

16 (1) Necessary expenses for fiscal year 2004 to 

17 prepare for leasing of tanker aircraft under section 

18 8159 of the Department of Defense Appropriations 

19 Act, 2002 (division A of Public Law 107–117; 115 

20 Stat. 2284; 10 U.S.C. 2401a note). 

21 (2) Necessary expenses for fiscal year 2004 to 

22 prepare for purchase of tanker aircraft for the Air 

23 Force. 

24 (3) Retaining in active service (rather than re25 tiring) KC–135E aircraft. 
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1 (4) Maintenance of equipment for KC–135 air2 craft that was purchased through a depot. 

3 (d) AUTHORIZED TRANSFERS.—Subject to subsections 

4 (e) and (f), the Secretary of the Air Force may transfer 

5 funds in the Air Force Air Refueling Transfer Account to 

6 appropriations of the Air Force available for purposes set 

7 forth in subsection (c), including appropriations available 

8 for procurement, for research, development, test, and eval9 uation, for operation and maintenance, and for military 

10 personnel (in the case of retaining KC–135E aircraft in 

11 active service), in such amounts as the Secretary determines 

12 necessary for such purpose. 

13 (e) LIMITATION.—Amounts appropriated to the Air 

14 Force Air Refueling Transfer Account pursuant to the au15 thorization of appropriations in subsection (b) may not be 

16 used to enter into a lease for tanker aircraft or to enter 

17 into a contract for procurement of tanker aircraft. 

18 (f) NOTICE TO CONGRESS.—A transfer of funds under 

19 subsection (d) may not be made until—

20 (1) the Secretary of the Air Force notifies the 

21 congressional defense committees in writing of the 

22 amount and purpose of the proposed transfer, includ23 ing each account to which the transfer is to be made; 

24 and 
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1 (2) a period of 30 days has elapsed after the date 

2 on which the notice is received by those committees.

3 SEC. 132. INCREASE IN NUMBER OF AIRCRAFT AUTHORIZED 

4 TO BE PROCURED UNDER MULTIYEAR PRO5 CUREMENT AUTHORITY FOR AIR FORCE C–

6 130J AIRCRAFT PROGRAM. 

7 Section 131(a) of the Bob Stump National Defense Au8 thorization Act for Fiscal Year 2003 (Public Law 107–314; 

9 116 Stat. 2475) is amended by striking ‘‘40 C–130J air10 craft’’ and inserting ‘‘42 C–130J aircraft’’.

11 SEC. 133. LIMITATION ON RETIRING C–5 AIRCRAFT. 

12 (a) LIMITATION.—The Secretary of the Air Force may 

13 not proceed with a decision to retire C–5A aircraft from 

14 the active inventory of the Air Force in any number that 

15 which would reduce the total number of such aircraft in 

16 the active inventory below 112 until—

17 (1) the Air Force has modified a C–5A aircraft 

18 to the configuration referred to as the Reliability En19 hancement and Reengining Program (RERP) con20 figuration, as planned under the C–5 System Devel21 opment and Demonstration program as of May 1, 

22 2003; and 

23 (2) the Director of Operational Test and Evalua24 tion of the Department of Defense—
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1 (A) conducts an operational evaluation of 

2 that aircraft, as so modified; and 

3 (B) provides to the Secretary of Defense and 

4 the congressional defense committees an oper5 ational assessment. 

6 (b) OPERATIONAL EVALUATION.—An operational eval7 uation for purposes of paragraph (2)(A) of subsection (a) 

8 is an evaluation, conducted during operational testing and 

9 evaluation of the aircraft, as so modified, of the performance 

10 of the aircraft with respect to reliability, maintainability, 

11 and availability and with respect to critical operational 

12 issues 

13 (c) OPERATIONAL ASSESSMENT.—An operational as14 sessment for purposes of paragraph (2)(B) of subsection (a) 

15 is an operational assessment of the program to modify C–

16 5A aircraft to the configuration referred to in subsection 

17 (a)(1) regarding both overall suitability and deficiencies of 

18 the program to improve performance of the C–5A aircraft 

19 relative to requirements and specifications for reliability, 

20 maintainability, and availability of that aircraft as in ef21 fect on May 1, 2003.

22 SEC. 134. LIMITATION ON OBLIGATION OF FUNDS FOR PRO23 CUREMENT OF F/A–22 AIRCRAFT. 

24 (a) LIMITATION.—Of the amount appropriated for fis25 cal year 2004 for procurement of F/A–22 aircraft, 
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1 $136,000,000 may not be obligated until the Under Sec2 retary of Defense for Acquisition, Technology, and Logistics 

3 submits to the congressional defense committees the Under 

4 Secretary’s certification that—

5 (1) the four primary aircraft designated to par6 ticipate in the dedicated initial operational test and 

7 evaluation program for the F/A–22 aircraft have each 

8 been equipped with the version of the avionics soft9 ware operational flight program that is designated as 

10 version 3.1.2 or a later version; and 

11 (2) before the commencement of that dedicated 

12 initial operational test and evaluation program, those 

13 four aircraft (as so equipped) demonstrate, on aver14 age, an avionics software mean time between insta15 bility events of at least 20 hours. 

16 (b) CONTINGENCY WAIVER AUTHORITY.—If the Under 

17 Secretary notifies the Secretary of Defense that the Under 

18 Secretary is unable to make the certification described in 

19 subsection (a), the Secretary may waive the limitation 

20 under that subsection. Upon making such a waiver—

21 (1) the Secretary of Defense shall notify the con22 gressional defense committees of the waiver and of the 

23 reasons therefor; and 

24 (2) the funds described in subsection (a) may 

25 then be obligated, by reason of such waiver, after the 
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1 end of the 30-day period beginning on the date on 

2 which the Secretary’s notification is received by those 

3 committees.

4 TITLE II—RESEARCH, DEVELOP5 MENT, TEST, AND EVALUA6 TION

7 Subtitle A—Authorization of 

8 Appropriations

9 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

10 Funds are hereby authorized to be appropriated for fis11 cal year 2004 for the use of the Department of Defense for 

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

13 (1) For the Army, $9,332,382,000. 

14 (2) For the Navy, $14,343,360,000. 

15 (3) For the Air Force, $20,548,867,000. 

16 (4) For Defense-wide activities, $18,461,046,000, 

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

18 of Operational Test and Evaluation. 

19 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH20 NOLOGY. 

21 (a) FISCAL YEAR 2004.—Of the amounts authorized 

22 to be appropriated by section 201, $10,893,077,000 shall be 

23 available for the Defense Science and Technology Program, 

24 including basic research, applied research, and advanced 

25 technology development projects. 
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1 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD2 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For pur3 poses of this section, the term ‘‘basic research, applied re4 search, and advanced technology development’’ means work 

5 funded in program elements for defense research and devel6 opment under Department of Defense category 6.1, 6.2, or 

7 6.3. 

8 Subtitle B—Program Requirements, 

9 Restrictions, and Limitations

10 SEC. 211. COLLABORATIVE PROGRAM FOR DEVELOPMENT 

11 OF ELECTROMAGNETIC GUN TECHNOLOGY. 

12 (a) PROGRAM REQUIRED.—The Secretary of Defense 

13 shall establish and carry out a collaborative program for 

14 evaluation and demonstration of advanced technologies and 

15 concepts for advanced gun systems that use electromagnetic 

16 propulsion for direct and indirect fire applications. 

17 (b) DESCRIPTION OF PROGRAM.—The program under 

18 subsection (a) shall be carried out collaboratively pursuant 

19 to a memorandum of agreement to be entered into among 

20 the Secretary of the Army, the Secretary of the Navy, and 

21 the Director of the Defense Advanced Research Projects 

22 Agency. The program shall include the following activities: 

23 (1) Identification of technical objectives, quan24 tified technical barriers, and enabling technologies as25 sociated with development of the objective electro-
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1 magnetic gun systems envisioned to meet the needs of 

2 each of the Armed Forces and, in so doing, identifica3 tion of opportunities for development of components 

4 or subsystems common to those envisioned gun sys5 tems. 

6 (2) Preparation of a time-based plan for develop7 ment of electromagnetic gun systems for direct fire 

8 applications, indirect fire applications, or both direct 

9 and indirect fire applications (in the case of the 

10 Army and Marine Corps) and for indirect fire appli11 cations (in the case of the Navy), which—

12 (A) includes the programs currently 

13 planned by the Army and by the Navy and dem14 onstrates how the enabling technologies common 

15 to such Army and Navy programs are used; and 

16 (B) provides estimated dates for decision 

17 points, prototype demonstrations, and transi18 tions of successful cases from the collaborative 

19 program under this section to an acquisition 

20 program. 

21 (3) For each of the enabling technologies common 

22 to the Army and Navy programs, identification of 

23 whether lead responsibility for developing that tech24 nology should be assigned to the Secretary of the 

25 Army, the Secretary of the Navy, or the Director, 
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1 with the Director favored in cases in which the tech2 nology is highly challenging or high risk, high re3 ward, and with each such Secretary favored in cases 

4 in which that Secretary’s military department pos5 sesses superior expertise or experience with the tech6 nology. 

7 (4) Identification of a strategy for the participa8 tion of industry in the program. 

9 (c) MATTERS INCLUDED.—The advanced technologies 

10 and concepts included under the program may include, but 

11 are not limited to, the following: 

12 (1) Advanced electrical power, energy storage, 

13 and switching systems. 

14 (2) Electromagnetic launcher materials and con15 struction techniques for long barrel life. 

16 (3) Guidance and control systems for electro17 magnetically launched projectiles. 

18 (4) Advanced projectiles and other munitions for 

19 electromagnetic gun systems. 

20 (5) Hypervelocity terminal effects. 

21 (d) RELATIONSHIP TO SEPARATE PROGRAMS OF MILI22 TARY DEPARTMENTS.—The Secretary of the Army and the 

23 Secretary of the Navy shall carry out separate programs 

24 for the evaluation and demonstration of advanced tech25 nologies and concepts for, and for the further development 
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1 and acquisition of, advanced gun systems referred to in sub2 section (a). Each such Secretary shall incorporate in that 

3 Secretary’s program the most promising of the technology 

4 products matured under the program under subsection (a). 

5 (e) REPORT.—Not later than March 31, 2004, the Sec6 retary of the Army, the Secretary of the Navy, and the Di7 rector of the Defense Advanced Research Projects Agency 

8 shall jointly submit a report to the congressional defense 

9 committees on the implementation of the program under 

10 subsection (a). The report shall include the following: 

11 (1) A description of the memorandum of agree12 ment entered into under subsection (b). 

13 (2) The time-based plan required by subsection 

14 (b)(2). 

15 (3) A description of the goals and objectives of 

16 the program. 

17 (4) Identification of funding required for fiscal 

18 year 2004 and for the future years defense program 

19 to carry out the program. 

20 (5) A description of a plan for industry partici21 pation in the program.
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1 SEC. 212. AUTHORITY TO SELECT CIVILIAN EMPLOYEE OF 

2 DEPARTMENT OF DEFENSE AS DIRECTOR OF 

3 DEPARTMENT OF DEFENSE TEST RESOURCE 

4 MANAGEMENT CENTER. 

5 Section 196(b)(1) of title 10, United States Code, is 

6 amended—

7 (1) in the first sentence, by inserting before the 

8 period at the end the following: ‘‘or from among sen9 ior civilian officials or employees of the Department 

10 of Defense who have substantial experience in the field 

11 of test and evaluation’’; and 

12 (2) in the second sentence, by striking ‘‘vice ad13 miral’’ and inserting ‘‘the grade of vice admiral, or, 

14 in the case of a civilian official or employee, an 

15 equivalent level.’’.

16 SEC. 213. DEVELOPMENT OF THE JOINT TACTICAL RADIO 

17 SYSTEM. 

18 (a) JOINT PROGRAM OFFICE.—The Secretary of De19 fense shall designate a single joint program office within 

20 the Department of Defense for management of the Joint 

21 Tactical Radio System development program. The Sec22 retary shall provide for the head of that office to be selected 

23 on a rotating basis from among officers of different Armed 

24 Forces. 

25 (b) CONSOLIDATED PROGRAM ELEMENTS.—The Sec26 retary shall provide that all funds for development and pro-
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1 curement of the Joint Tactical Radio System program shall 

2 be consolidated under and managed by the head of the joint 

3 program office designated under subsection (a). 

4 (c) PROGRAM DEVELOPMENT.—The Secretary shall 

5 provide that, subject to the authority, direction, and control 

6 of the Secretary, the head of the joint program office des7 ignated under subsection (a) shall—

8 (1) establish and control the performance speci9 fications for the Joint Tactical Radio System; 

10 (2) establish and control the standards for devel11 opment of the software and equipment for that sys12 tem; 

13 (3) establish and control the standards for oper14 ation of that system; and 

15 (4) develop a single, unified concept of oper16 ations for all users of that system.

17 SEC. 214. FUTURE COMBAT SYSTEMS. 

18 (a) LIMITATION.—None of the funds authorized to be 

19 appropriated under section 201(1) for development and 

20 demonstration of systems for the Future Combat Systems 

21 program may be obligated or expended until 30 days after 

22 the Secretary of the Army submits to the congressional de23 fense committees a report on such program. The report shall 

24 include the following: 

25 (1) The findings and conclusions of—
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1 (A) the review of the Future Combat Sys2 tems program carried out by the independent 

3 panel at the direction of the Secretary of Defense; 

4 and 

5 (B) the milestone B review of the Future 

6 Combat Systems program carried out by the de7 fense acquisition board. 

8 (2) For each of the key performance parameters 

9 relating to the Future Combat Systems program, the 

10 threshold value at which the utility of the individual 

11 systems comprising the Future Combat Systems pro12 gram become questionable. 

13 (3) For each of the three projects requested under 

14 program element 64645A, Armored Systems Mod15 ernization, a completed analysis of alternatives. 

16 (b) SEPARATE PROGRAM ELEMENTS.—For fiscal years 

17 beginning with 2004, the Secretary of Defense shall ensure 

18 that—

19 (1) each project under the Army’s Future Com20 bat Systems program (whether in existence before, on, 

21 or after the date of the enactment of this Act) is as22 signed a separate, dedicated program element; and 

23 (2) before such a program element is assigned to 

24 such a project, an analysis of alternatives for such 

25 project is completed.
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1 SEC. 215. ARMY PROGRAM TO PURSUE TECHNOLOGIES 

2 LEADING TO THE ENHANCED PRODUCTION 

3 OF TITANIUM BY THE UNITED STATES. 

4 (a) EFFORTS REQUIRED.—The Secretary of Defense 

5 shall—

6 (1) assess promising technologies leading to the 

7 enhanced production of titanium by the United 

8 States; and 

9 (2) select, on a competitive basis, the most viable 

10 such technologies for research, development, and pro11 duction. 

12 (b) EXECUTIVE AGENT.—The Secretary of the Army 

13 shall serve as executive agent in carrying out subsection (a). 

14 (c) FUNDING.—Of the funds authorized to be appro15 priated by section 201(1) for research, development, test, 

16 and evaluation, Army, for fiscal year 2004, $8,000,000 

17 shall be available in program element 62624A to carry out 

18 this section.

19 SEC. 216. EXTENSION OF REPORTING REQUIREMENT FOR 

20 RAH–66 COMANCHE AIRCRAFT PROGRAM. 

21 Section 211 of the Bob Stump National Defense Au22 thorization Act for Fiscal Year 2003 (Public Law 107–314; 

23 116 Stat. 2479) is amended in subsection (a) by inserting 

24 ‘‘and fiscal year 2004’’ after ‘‘fiscal year 2003’’.
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1 SEC. 217. STUDIES OF FLEET PLATFORM ARCHITECTURES 

2 FOR THE NAVY. 

3 (a) INDEPENDENT STUDIES.—(1) The Secretary of De4 fense shall provide for the performance of eight independent 

5 studies on alternative future fleet platform architectures for 

6 the Navy. 

7 (2) The Secretary shall forward the results of each 

8 study to the congressional defense committees not later than 

9 March 1, 2004. 

10 (3) Each such study shall be submitted both in unclas11 sified, and to the extent necessary, in classified versions. 

12 (b) ENTITIES TO PERFORM STUDIES.—The Secretary 

13 of Defense shall provide for the studies under subsection (a) 

14 to be performed as follows: 

15 (1) One shall be performed by the Secretary of 

16 the Navy, using Department of the Navy personnel. 

17 (2) Four shall be performed by qualified analyt18 ical organizations external to Department of Defense. 

19 (3) Three shall be performed by defense firms, or 

20 teams of defense firms, in the private sector.

21 (c) PERFORMANCE OF STUDIES.—(1) The Secretary of 

22 Defense shall require each entity undertaking one of the 

23 studies under this section to commit to performing the study 

24 independently from the other studies and, in the case of the 

25 entities selected under paragraphs (2) and (3) of subsection 
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1 (b), independently from the Navy, so as to ensure inde2 pendent analysis. 

3 (2) In performing a study under this section, the entity 

4 performing the study shall consider the following: 

5 (A) The National Security Strategy of the 

6 United States. 

7 (B) Potential future threats to the United States 

8 and to United States naval forces. 

9 (C) The traditional roles and missions of United 

10 States naval forces. 

11 (D) Alternative roles and missions. 

12 (E) The role of evolving technology on future 

13 naval forces. 

14 (F) Opportunities for reduced manning and un15 manned ships and vehicles in future naval forces. 

16 (3) Each entity performing a study under this section, 

17 while cognizant of current overall fleet platform architec18 ture, shall not allow the current features of fleet platform 

19 architecture to constrain the analysis for purposes of that 

20 study. 

21 (d) NAVAL STUDIES.—Each study under this section 

22 shall present one or two possible overall fleet platform archi23 tectures. For each such architecture presented, the study 

24 shall include the following: 
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1 (1) The numbers, kinds, and sizes of vessels, the 

2 numbers and types of associated manned and un3 manned vehicles, and the basic capabilities of each of 

4 those platforms. 

5 (2) Other information needed to understand that 

6 architecture in basic form and the supporting anal7 ysis. 

8 (e) COSTS.—Within the amount provided in section 

9 201(2), the amount of $1,600,000 is authorized, within Pro10 gram Element 65154N, for the purposes of this section.

11 Subtitle C—Ballistic Missile 

12 Defense

13 SEC. 221. ENHANCED FLEXIBILITY FOR BALLISTIC MISSILE 

14 DEFENSE SYSTEMS. 

15 (a) FLEXIBILITY FOR SPECIFICATION OF PROGRAM

16 ELEMENTS.—Subsection (a) of section 223 of title 10, 

17 United States Code, is amended—

18 (1) by inserting ‘‘BY PRESIDENT’’ in the sub19 section heading after ‘‘SPECIFIED’’; 

20 (2) by striking ‘‘program elements governing 

21 functional areas as follows:’’ and inserting ‘‘such pro22 gram elements as the President may specify.’’; and 

23 (3) by striking paragraphs (1) through (6). 

24 (b) CONFORMING AMENDMENTS.—(1) Subsection (c) of 

25 such section is amended by striking ‘‘for each program ele-
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1 ment specified in subsection (a)’’ and inserting ‘‘for a fiscal 

2 year for any program element specified for that fiscal year 

3 pursuant to subsection (a)’’. 

4 (2) Subsection (c)(3) of section 232 of the National De5 fense Authorization Act for Fiscal Year 2002 (Public Law 

6 107–107; 115 Stat. 1037; 10 U.S.C. 2431 note) is amended 

7 by striking ‘‘each functional area’’ and all that follows 

8 through ‘‘subsection (b),’’ and inserting ‘‘each then-current 

9 program element for ballistic missile defense systems in ef10 fect pursuant to subsection (a) or (b)’’. 

11 (c) AMENDMENTS RELATING TO CHANGES IN ACQUISI12 TION TERMINOLOGY.—(1) Section 223(b)(2) of title 10, 

13 United States Code, is amended by striking ‘‘means the de14 velopment phase whose’’ and inserting ‘‘means the period 

15 in the course of an acquisition program during which the’’. 

16 (2) Subsection (d)(1) of section 232 of the National De17 fense Authorization Act for Fiscal Year 2002 (Public Law 

18 107–107; 115 Stat. 1037; 10 U.S.C. 2431 note) is amended 

19 by striking ‘‘, as added by subsection (b)’’.
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1 TITLE III—OPERATION AND 

2 MAINTENANCE

3 Subtitle A—Authorization of 

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

6 Funds are hereby authorized to be appropriated for fis7 cal year 2004 for the use of the Armed Forces and other 

8 activities and agencies of the Department of Defense for ex9 penses, not otherwise provided for, for operation and main10 tenance, in amounts as follows: 

11 (1) For the Army, $25,050,587,000. 

12 (2) For the Navy, $27,901,790,000. 

13 (3) For the Marine Corps, $3,517,756,000. 

14 (4) For the Air Force, $25,434,460,000. 

15 (5) For Defense-wide activities, $16,134,047,000. 

16 (6) For the Army Reserve, $1,954,009,000. 

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

18 (8) For the Marine Corps Reserve, $199,452,000. 

19 (9) For the Air Force Reserve, $2,170,188,000. 

20 (10) For the Army National Guard, 

21 $4,194,331,000. 

22 (11) For the Air National Guard, 

23 $4,404,646,000. 

24 (12) For the United States Court of Appeals for 

25 the Armed Forces, $10,333,000. 
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1 (13) For Environmental Restoration, Army, 

2 $396,018,000. 

3 (14) For Environmental Restoration, Navy, 

4 $256,153,000. 

5 (15) For Environmental Restoration, Air Force, 

6 $384,307,000. 

7 (16) For Environmental Restoration, Defense8 wide, $24,081,000. 

9 (17) For Environmental Restoration, Formerly 

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

11 (18) For Overseas Humanitarian, Disaster, and 

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

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

15 (20) United States Industrial Base Capabilities 

16 Fund, $100,000,000. 

17 SEC. 302. WORKING CAPITAL FUNDS. 

18 Funds are hereby authorized to be appropriated for fis19 cal year 2004 for the use of the Armed Forces and other 

20 activities and agencies of the Department of Defense for 

21 providing capital for working capital and revolving funds 

22 in amounts as follows: 

23 (1) For the Defense Working Capital Funds, 

24 $632,261,000. 
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1 (2) For the National Defense Sealift Fund, 

2 $1,102,762,000. 

3 (3) For the Defense Commissary Agency Working 

4 Capital Fund, $1,089,246,000.

5 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

6 (a) DEFENSE HEALTH PROGRAM.—Funds are hereby 

7 authorized to be appropriated for the Department of Defense 

8 for fiscal year 2004 for expenses, not otherwise provided for, 

9 for the Defense Health Program, $15,317,063,000, of 

10 which—

11 (1) $14,923,441,000 is for Operation and Main12 tenance; 

13 (2) $65,796,000 is for Research, Development, 

14 Test, and Evaluation; and 

15 (3) $327,826,000 is for Procurement. 

16 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC17 TION, DEFENSE.—(1) Funds are hereby authorized to be ap18 propriated for the Department of Defense for fiscal year 

19 2004 for expenses, not otherwise provided for, for Chemical 

20 Agents and Munitions Destruction, Defense, 

21 $1,580,261,000, of which—

22 (A) $1,249,168,000 is for Operation and Mainte23 nance; 

24 (B) $251,881,000 is for Research, Development, 

25 Test, and Evaluation; and 
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1 (C) $79,212,000 is for Procurement. 

2 (2) Amounts authorized to be appropriated under 

3 paragraph (1) are authorized for—

4 (A) the destruction of lethal chemical agents and 

5 munitions in accordance with section 1412 of the De6 partment of Defense Authorization Act, 1986 (50 

7 U.S.C. 1521); and 

8 (B) the destruction of chemical warfare materiel 

9 of the United States that is not covered by section 

10 1412 of such Act. 

11 (c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI12 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be 

13 appropriated for the Department of Defense for fiscal year 

14 2004 for expenses, not otherwise provided for, for Drug 

15 Interdiction and Counter-Drug Activities, Defense-wide, 

16 $817,371,000. 

17 (d) DEFENSE INSPECTOR GENERAL.—Funds are here18 by authorized to be appropriated for the Department of De19 fense for fiscal year 2004 for expenses, not otherwise pro20 vided for, for the Office of the Inspector General of the De21 partment of Defense, $162,449,000.
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1 Subtitle B—Environmental 

2 Provisions

3 SEC. 311. REAUTHORIZATION AND MODIFICATION OF TITLE 

4 I OF SIKES ACT. 

5 (a) REAUTHORIZATION.—Section 108 of the Sikes Act 

6 (16 U.S.C. 670f) is amended by striking ‘‘fiscal years 1998 

7 through 2003’’ each place it appears and inserting ‘‘fiscal 

8 years 2004 through 2008’’. 

9 (b) SENSE OF CONGRESS REGARDING SECTION 107.—

10 (1) Congress finds the following: 

11 (A) The Department of Defense maintains over 

12 25,000,000 acres of valuable fish and wildlife habitat 

13 on approximately 400 military installations nation14 wide. 

15 (B) These lands contain a wealth of plant and 

16 animal life, vital wetlands for migratory birds, and 

17 nearly 300 federally listed threatened species and en18 dangered species. 

19 (C) Increasingly, land surrounding military 

20 bases are being developed with residential and com21 mercial infrastructure that fragments fish and wild22 life habitat and decreases its ability to support a di23 versity of species. 

24 (D) Comprehensive conservation plans, such as 

25 integrated natural resource management plans under 
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1 the Sikes Act (16 U.S.C. 670 et seq.), can ensure that 

2 these ecosystem values can be protected and enhanced 

3 while allowing these lands to meet the needs of mili4 tary operations. 

5 (E) Section 107 of the Sikes Act (16 U.S.C. 

6 670e–2) requires sufficient numbers of professionally 

7 trained natural resources management personnel and 

8 natural resources law enforcement personnel to be 

9 available and assigned responsibility to perform tasks 

10 necessary to carry out title I of the Sikes Act, includ11 ing the preparation and implementation of integrated 

12 natural resource management plans. 

13 (F) Managerial and policymaking functions per14 formed by Department of Defense on-site profes15 sionally trained natural resource management per16 sonnel on military installations are appropriate gov17 ernmental functions. 

18 (G) Professionally trained civilian biologists in 

19 permanent Federal Government career managerial 

20 positions are essential to oversee fish and wildlife and 

21 natural resource conservation programs are essential 

22 to the conservation of wildlife species on military 

23 land. 

24 (2) It is the sense of Congress that the Secretary of 

25 Defense should take whatever steps are necessary to ensure 
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1 that section 107 of the Sikes Act (16 U.S.C. 670e–2) is fully 

2 implemented consistent with the findings made in para3 graph (1). 

4 (c) PILOT PROGRAM FOR INVASIVE SPECIES MANAGE5 MENT FOR MILITARY INSTALLATIONS.—(1) Section 

6 101(b)(1) of the Sikes Act (16 U.S.C. 670a(b)(1)) is amend7 ed by redesignating subparagraphs (D) through (J) in order 

8 as subparagraphs (E) through (K), and by inserting after 

9 subparagraph (C) the following: 

10 ‘‘(D) during fiscal years 2004 through 2008, 

11 in the case of a plan for a military installation 

12 in Guam, management, control, and eradication 

13 of invasive species that are not native to the eco14 system of the military installation and the intro15 duction of which cause or may cause harm to 

16 military readiness, the environment, the econ17 omy, or human health and safety;’’. 

18 (2) The amendment made by paragraph (1) shall 

19 apply—

20 (A) to any integrated natural resources manage21 ment plan prepared for a military installation in 

22 Guam under section 101(a)(1) of the Sikes Act (16 

23 U.S.C. 670a(a)(1)) on or after the date of the enact24 ment of this Act; and 
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1 (B) to any integrated natural resources manage2 ment plan prepared for a military installation in 

3 Guam under section 101(a)(1) of the Sikes Act (16 

4 U.S.C. 670a(a)(1)) before the date of the enactment of 

5 this Act, effective March 1, 2004.

6 SEC. 312. AUTHORIZATION FOR DEFENSE PARTICIPATION 

7 IN WETLAND MITIGATION BANKS. 

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

9 States Code, is amended by inserting after section 2694a 

10 the following new section: 

11 ‘‘§ 2694b. Participation in wetland mitigation banks 

12 ‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary of 

13 a military department, and the Secretary of Defense with 

14 respect to matters concerning a Defense Agency, when en15 gaged in an authorized activity that may or will result in 

16 the destruction of, or an adverse impact to, a wetland, may 

17 make payments to a wetland mitigation banking program 

18 or ‘in-lieu-fee’ mitigation sponsor approved in accordance 

19 with the Federal Guidance for the Establishment, Use and 

20 Operation of Mitigation Banks (60 Fed. Reg. 58605; No21 vember 28, 1995) or the Federal Guidance on the Use of 

22 In-Lieu-Fee Arrangements for Compensatory Mitigation 

23 Under Section 404 of the Clean Water Act and Section 10 

24 of the Rivers and Harbors Act (65 Fed. Reg. 66913; Novem25 ber 7, 2000), or any successor administrative guidance. 
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1 ‘‘(b) ALTERNATIVE TO CREATION OF WETLAND.—Par2 ticipation in a wetland mitigation banking program or 

3 consolidated user site under subsection (a) shall be in lieu 

4 of mitigating wetland impacts through the creation of a 

5 wetland on Federal property. 

6 ‘‘(c) TREATMENT OF PAYMENTS.—Payments made 

7 under subsection (a) to a wetland mitigation banking pro8 gram or consolidated user site may be treated as eligible 

9 project costs for military construction.’’. 

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

11 the beginning of such chapter is amended by inserting after 

12 the item relating to section 2694a the following new item:

‘‘2694b. Participation in wetland mitigation banks.’’.

13 SEC. 313. INCLUSION OF ENVIRONMENTAL RESPONSE 

14 EQUIPMENT AND SERVICES IN NAVY DEFINI15 TIONS OF SALVAGE FACILITIES AND SALVAGE 

16 SERVICES. 

17 (a) SALVAGE FACILITIES.—Section 7361 of title 10, 

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

19 following new subsection: 

20 ‘‘(e) SALVAGE FACILITIES DEFINED.—In this section, 

21 the term ‘salvage facilities’ includes equipment and gear 

22 utilized to prevent, abate, or minimize damage to the envi23 ronment in connection with a marine salvage operation.’’. 

24 (b) SETTLEMENT OF CLAIMS FOR SALVAGE SERV25 ICES.—Section 7363 of such title is amended—
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1 (1) by inserting ‘‘(a) AUTHORITY TO SETTLE

2 CLAIM.—’’ before ‘‘The Secretary’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(b) SALVAGE SERVICES DEFINED.—In this section, 

6 the term ‘salvage services’ includes services performed in 

7 connection with a marine salvage operation that are in8 tended to prevent, abate, or minimize damage to the envi9 ronment.’’.

10 SEC. 314. CLARIFICATION OF DEPARTMENT OF DEFENSE 

11 RESPONSE TO ENVIRONMENTAL EMER12 GENCIES. 

13 (a) TRANSPORTATION OF HUMANITARIAN RELIEF

14 SUPPLIES TO RESPOND TO ENVIRONMENTAL EMER15 GENCIES.—Section 402 of title 10, United States Code, is 

16 amended—

17 (1) by redesignating subsection (d) as subsection 

18 (e); and 

19 (2) by inserting after subsection (c) the following 

20 new subsection (d): 

21 ‘‘(d) RESPONSE TO ENVIRONMENTAL EMERGENCIES.—

22 The authority of the Secretary of Defense to transport hu23 manitarian relief supplies under this section includes the 

24 authority to transport supplies intended for use to respond 

25 to, or mitigate the effects of, an event or condition, such 
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1 as an oil spill, that threatens serious harm to the environ2 ment.’’. 

3 (b) CONDITIONS ON PROVISION OF TRANSPOR4 TATION.—Subsection (b) of such section is amended—

5 (1) in paragraph (1)(C), by inserting ‘‘or entity’’ 

6 after ‘‘people’’; 

7 (2) in paragraph (1)(E), by inserting ‘‘or use’’ 

8 after ‘‘distribution’’; and 

9 (3) in paragraph (3), by striking ‘‘donor to en10 sure that supplies to be transported under this sec11 tion’’ and inserting ‘‘entity requesting the transport 

12 of supplies under this section to ensure that the sup13 plies’’. 

14 (c) PROVISION OF DISASTER ASSISTANCE.—Section 

15 404 of such title is amended—

16 (1) in subsection (a), by inserting ‘‘or serious 

17 harm to the environment’’ after ‘‘loss of lives’’; and 

18 (2) in subsection (c)(2), by inserting ‘‘or the en19 vironment’’ after ‘‘human lives’’. 

20 (d) PROVISION OF HUMANITARIAN ASSISTANCE.—Sec21 tion 2561(a) of such title is amended—

22 (1) by inserting ‘‘(1)’’ before ‘‘To the extent’’; 

23 and 

24 (2) by adding at the end the following new para25 graph 
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1 ‘‘(2) The authority of the Department of Defense to 

2 provide humanitarian assistance under this section in3 cludes the authority to transport supplies or provide assist4 ance intended for use to respond to, or mitigate the effects 

5 of, an event or condition, such as an oil spill, that threatens 

6 serious harm to the environment.’’.

7 SEC. 315. REQUIREMENTS FOR RESTORATION ADVISORY 

8 BOARDS AND EXEMPTION FROM FEDERAL AD9 VISORY COMMITTEE ACT. 

10 (a) MEMBERSHIP AND MEETING REQUIREMENTS FOR

11 RESTORATION ADVISORY BOARDS.—The Secretary of De12 fense shall amend the regulations required by section 

13 2705(d)(2) of title 10, United States Code, relating to the 

14 establishment, characteristics, composition, and funding of 

15 restoration advisory boards to ensure that each restoration 

16 advisory board complies with the following requirements: 

17 (1) Each restoration advisory board shall be 

18 fairly balanced in its membership in terms of the 

19 points of view represented and the functions to be per20 formed. 

21 (2) Unless a closed or partially closed meeting is 

22 determined to be proper in accordance with one or 

23 more of the exceptions listed in the section 552b(c) of 

24 title 5, United States Code, each meeting of a restora25 tion advisory board shall be—
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1 (A) held at a reasonable time and in a 

2 manner or place reasonably accessible to the pub3 lic, including individuals with disabilities; and 

4 (B) open to the public. 

5 (3) Timely notice of each meeting of a restora6 tion advisory board shall be published in a local 

7 newspaper of general circulation. 

8 (4) Interested persons may appear before or file 

9 statements with a restoration advisory board, subject 

10 to such reasonable restrictions as the Secretary may 

11 prescribe. 

12 (5) Subject to section 552 of title 5, United 

13 States Code, the records, reports, minutes, appendixes, 

14 working papers, drafts, studies, agenda, or other doc15 uments that were made available to, prepared for, or 

16 prepared by each restoration advisory board shall be 

17 available for public inspection and copying at a sin18 gle, publicly accessible location, such as a public li19 brary or an appropriate office of the military instal20 lation for which the restoration advisory board is es21 tablished, at least until the restoration advisory board 

22 is terminated. 

23 (6) Detailed minutes of each meeting of each res24 toration advisory board shall be kept and shall con25 tain a record of the persons present, a complete and 
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1 accurate description of matters discussed and conclu2 sions reached, and copies of all reports received, 

3 issued, or approved by the restoration advisory board. 

4 The accuracy of the minutes of a restoration advisory 

5 board shall be certified by the chairperson of the 

6 board. 

7 (b) FACA EXEMPTION.—Section 2705(d)(2) of title 10, 

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

9 following new subparagraph: 

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

11 App.) shall not apply to a restoration advisory board estab12 lished under this subsection.’’.

13 SEC. 316. REPORT REGARDING IMPACT OF CIVILIAN COM14 MUNITY ENCROACHMENT AND CERTAIN 

15 LEGAL REQUIREMENTS ON MILITARY INSTAL16 LATIONS AND RANGES. 

17 (a) STUDY REQUIRED.—The Secretary of Defense shall 

18 conduct a study on the impact, if any, of the following types 

19 of activities at military installations and operational 

20 ranges: 

21 (1) Civilian community encroachment on those 

22 military installations and ranges whose operational 

23 training activities, research, development, test, and 

24 evaluation activities, or other operational, test and 

25 evaluation, maintenance, storage, disposal, or other 
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1 support functions require, or in the future reasonably 

2 may require, safety or operational buffer areas. The 

3 requirement for such a buffer area may be due to a 

4 variety of factors, including air operations, ordnance 

5 operations and storage, or other activities that gen6 erate or might generate noise, electro-magnetic inter7 ference, ordnance arcs, or environmental impacts that 

8 require or may require safety or operational buffer 

9 areas. 

10 (2) Compliance by the Department of Defense 

11 with State Implementation Plans for Air Quality 

12 under section 110 of the Clean Air Act (42 U.S.C. 

13 7410). 

14 (3) Compliance by the Department of Defense 

15 with the Solid Waste Disposal Act (42 U.S.C. 6901 

16 et seq.) and the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 1980 (42 

18 U.S.C. 9601 et seq.). 

19 (b) MATTERS TO BE INCLUDED WITH RESPECT TO

20 CIVILIAN ENCROACHMENTS.—With respect to paragraph 

21 (1) of subsection (a), the study shall include the following: 

22 (1) A list of all military installations described 

23 in subsection (a)(1) at which civilian community en24 croachment is occurring. 
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1 (2) A description and analysis of the types and 

2 degree of such civilian community encroachment at 

3 each military installation included on the list. 

4 (3) An analysis, including views and estimates 

5 of the Secretary of Defense, of the current and poten6 tial future impact of such civilian community en7 croachment on operational training activities, re8 search, development, test, and evaluation activities, 

9 and other significant operational, test and evaluation, 

10 maintenance, storage, disposal, or other support func11 tions performed by military installations included on 

12 the list. The analysis shall include the following: 

13 (A) A review of training and test ranges at 

14 military installations, including laboratories 

15 and technical centers of the military depart16 ments, included on the list. 

17 (B) A description and explanation of the 

18 trends of such encroachment, as well as consider19 ation of potential future readiness problems re20 sulting from unabated encroachment. 

21 (4) An estimate of the costs associated with cur22 rent and anticipated partnerships between the De23 partment of Defense and non-Federal entities to cre24 ate buffer zones to preclude further development 

25 around military installations included on the list, 
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1 and the costs associated with the conveyance of sur2 plus property around such military installations for 

3 purposes of creating buffer zones. 

4 (5) Options and recommendations for possible 

5 legislative or budgetary changes necessary to mitigate 

6 current and anticipated future civilian community 

7 encroachment problems. 

8 (c) MATTERS TO BE INCLUDED WITH RESPECT TO

9 SPECIFIED LAWS.—With respect to paragraphs (2) and (3) 

10 of subsection (a), the study shall include the following: 

11 (1) A list of all military installations and other 

12 locations at which the Armed Forces are encountering 

13 problems related to compliance with the laws specified 

14 in such paragraphs. 

15 (2) A description and analysis of the types and 

16 degree of compliance problems encountered. 

17 (3) An analysis, including views and estimates 

18 of the Secretary of Defense, of the current and poten19 tial future impact of such compliance problems on the 

20 following functions performed at military installa21 tions: 

22 (A) Operational training activities. 

23 (B) Research, development, test, and evalua24 tion activities. 
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1 (C) Other significant operational, test and 

2 evaluation, maintenance, storage, disposal, or 

3 other support functions. 

4 (4) A description and explanation of the trends 

5 of such compliance problems, as well as consideration 

6 of potential future readiness problems resulting from 

7 such compliance problems. 

8 (d) REPORT.—Not later than January 31, 2004, the 

9 Secretary of Defense shall submit to the Committee on 

10 Armed Services of the Senate and the Committee on Armed 

11 Services of the House of Representatives a report containing 

12 the results of the study conducted under subsection (a), in13 cluding the specific matters required to be addressed by 

14 paragraphs (1) through (5) of subsection (b) and para15 graphs (1) through (4) of subsection (c).

16 SEC. 317. MILITARY READINESS AND CONSERVATION OF 

17 PROTECTED SPECIES. 

18 (a) DESIGNATION OF CRITICAL HABITAT.—Section 

19 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 

20 1533(a)(3)) is amended by striking ‘‘prudent and deter21 minable’’ and inserting ‘‘necessary’’. 

22 (b) LIMITATION ON DESIGNATION OF CRITICAL HABI23 TAT.—Section 4(a)(3) of the Endangered Species Act of 

24 1973 (16 U.S.C. 1533(a)(3)) is amended—
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1 (1) by redesignating subparagraphs (A) and (B) 

2 as clauses (i) and (ii), respectively; 

3 (2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(B)(i) The Secretary shall not designate as critical 

6 habitat any lands or other geographical areas owned or con7 trolled by the Department of Defense, or designated for its 

8 use, that are subject to an integrated natural resources 

9 management plan prepared under section 101 of the Sikes 

10 Act (16 U.S.C. 670a), if the Secretary determines that such 

11 plan addresses special management considerations or pro12 tection (as those terms are used in section 3(5)(A)(i)). 

13 ‘‘(ii) Nothing in this paragraph affects the requirement 

14 to consult under section 7(a)(2) with respect to an agency 

15 action (as that term is defined in that section). 

16 ‘‘(iii) Nothing in this paragraph affects the obligation 

17 of the Department of Defense to comply with section 9, in18 cluding the prohibition preventing extinction and taking of 

19 endangered species and threatened species.’’. 

20 (c) CONSIDERATION OF EFFECTS OF DESIGNATION OF

21 CRITICAL HABITAT.—Section 4(b)(2) of the Endangered 

22 Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended by 

23 inserting ‘‘the impact on national security,’’ after ‘‘the eco24 nomic impact,’’. 
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1 SEC. 318. MILITARY READINESS AND MARINE MAMMAL PRO2 TECTION. 

3 (a) DEFINITION OF HARASSMENT.—Section 3(18) of 

4 the Marine Mammal Protection Act of 1972 (16 U.S.C. 

5 1362(18)) is amended by striking the matter preceding sub6 paragraph (B) and inserting the following: 

7 ‘‘(18)(A) The term ‘harassment’ means—

8 ‘‘(i) any act that injures or has the signifi9 cant potential to injure a marine mammal or 

10 marine mammal stock in the wild; or 

11 ‘‘(ii) any act that disturbs or is likely to 

12 disturb a marine mammal or marine mammal 

13 stock in the wild by causing disruption of nat14 ural behavioral patterns, including, but not lim15 ited to, migration, surfacing, nursing, breeding, 

16 feeding, or sheltering, to a point where such be17 havioral patterns are abandoned or significantly 

18 altered.’’. 

19 (b) EXEMPTION OF ACTIONS NECESSARY FOR NA20 TIONAL DEFENSE.—Section 101 of the Marine Mammal 

21 Protection Act of 1972 (16 U.S.C. 1371) is amended by in22 serting after subsection (e) the following: 

23 ‘‘(f) EXEMPTION OF ACTIONS NECESSARY FOR NA24 TIONAL DEFENSE.—(1) The Secretary of Defense, after con25 ferring with the Secretary of Commerce, the Secretary of 

26 the Interior, or both, as appropriate, may exempt any ac-
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1 tion or category of actions undertaken by the Department 

2 of Defense or its components from compliance with any re3 quirement of this Act, if the Secretary determines that it 

4 is necessary for national defense. 

5 ‘‘(2) An exemption granted under this subsection—

6 ‘‘(A) subject to subparagraph (B), shall be effec7 tive for a period specified by the Secretary of Defense; 

8 and 

9 ‘‘(B) shall not be effective for more than 2 years. 

10 ‘‘(3)(A) The Secretary of Defense may issue additional 

11 exemptions under this subsection for the same action or cat12 egory of actions, after—

13 ‘‘(i) conferring with the Secretary of Commerce, 

14 the Secretary of the Interior, or both as appropriate; 

15 and 

16 ‘‘(ii) making a new determination that the addi17 tional exemption is necessary for national defense. 

18 ‘‘(B) Each additional exemption under this paragraph 

19 shall be effective for a period specified by the Secretary of 

20 Defense, of not more than 2 years.’’. 

21 (c) INCIDENTAL TAKINGS OF MARINE MAMMALS IN

22 MILITARY READINESS ACTIVITIES.—Section 101(a)(5) of 

23 the Marine Mammal Protection Act of 1972 (16 U.S.C. 

24 1371(a)(5)) is amended—

25 (1) in subparagraph (A)—
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1 (A) by striking ‘‘within a specified geo2 graphical region’’; 

3 (B) by striking ‘‘within that region of small 

4 numbers’’; and 

5 (C) by adding at the end the following: 

6 ‘‘Notwithstanding the preceding sentence, the Secretary is 

7 not required to publish notice under this subparagraph with 

8 respect to incidental takings while engaged in a military 

9 readiness activity (as defined in section 315(f) of Public 

10 Law 107–314; 16 U.S.C. 703 note) authorized by the Sec11 retary of Defense, except in the Federal Register.’’; 

12 (2) in subparagraph (B)—

13 (A) by striking ‘‘within a specified geo14 graphical region’’; and 

15 (B) by striking ‘‘within one or more re16 gions’’; and 

17 (3) in subparagraph (D)—

18 (A) in clause (i)—

19 (i) by striking ‘‘within a specific geo20 graphic region’’; 

21 (ii) by striking ‘‘of small numbers’’; 

22 and 

23 (iii) by striking ‘‘within that region’’; 

24 and 

25 (B) by adding at the end the following: 
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1 ‘‘(vi) Notwithstanding clause (iii), the Secretary is not 

2 required to publish notice under this subparagraph with re3 spect to an authorization under clause (i) of incidental 

4 takings while engaged in a military readiness activity (as 

5 defined in section 315(f) of Public Law 107–314; 16 U.S.C. 

6 703 note) authorized by the Secretary of Defense, except in 

7 the Federal Register.’’.

8 SEC. 319. LIMITATION ON DEPARTMENT OF DEFENSE RE9 SPONSIBILITY FOR CIVILIAN WATER CON10 SUMPTION IMPACTS RELATED TO FORT 

11 HUACHUCA, ARIZONA. 

12 (a) RULE OF CONSTRUCTION.—For purposes of section 

13 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), 

14 in the case of Fort Huachuca, Arizona, the Secretary of the 

15 Army may be held responsible for water consumption that 

16 occurs on that military installation (or outside of that in17 stallation but under the direct authority and control of the 

18 Secretary). The Secretary of the Army is not responsible 

19 for water consumption that occurs outside of Fort 

20 Huachuca and is beyond the direct authority and control 

21 of the Secretary even though the water is derived from a 

22 watershed basin shared by that military installation and 

23 the water consumption outside of that installation may im24 pact a critical habitat or endangered species outside the in25 stallation. 
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1 (b) VOLUNTARY EFFORTS.—Nothing in this section 

2 shall prohibit the Secretary of the Army from voluntarily 

3 undertaking efforts to mitigate water consumption related 

4 to Fort Huachuca. 

5 (c) DEFINITION OF WATER CONSUMPTION.—In this 

6 section, the term ‘‘water consumption’’ means the consump7 tion of water, from any source, for human purposes of any 

8 kind, including household or industrial use, irrigation, or 

9 landscaping. 

10 (d) EFFECTIVE DATE.—This section applies only to 

11 Department of Defense actions regarding which consulta12 tion or reconsultation under section 7 of the Endangered 

13 Species Act of 1973 (16 U.S.C. 1536) is first required with 

14 regard to Fort Huachuca on or after the date of the enact15 ment of this Act.

16 SEC. 320. CONSTRUCTION OF WETLAND CROSSINGS, CAMP 

17 SHELBY COMBINED ARMS MANEUVER AREA, 

18 CAMP SHELBY, MISSISSIPPI. 

19 Amounts authorized to be appropriated by section 

20 301(1) for operation and maintenance for the Army shall 

21 be available to the Secretary of the Army to construct wet22 lands crossings at the Camp Shelby Combined Arms Ma23 neuver Area at Camp Shelby, Mississippi, for the purpose 

24 of ensuring that combat arms training performed at that 
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1 area is conducted in conformance with the spirit and intent 

2 of applicable environmental laws. 

3 Subtitle C—Workplace and Depot 

4 Issues

5 SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM 

6 PERCENTAGE LIMITATION ON CONTRACTING 

7 FOR PERFORMANCE OF DEPOT-LEVEL MAIN8 TENANCE AND REPAIR WORKLOADS. 

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

10 amended by striking ‘‘entered into during fiscal years 2003 

11 through 2006’’.

12 SEC. 322. HIGH-PERFORMING ORGANIZATION BUSINESS 

13 PROCESS REENGINEERING PILOT PROGRAM. 

14 (a) PILOT PROGRAM.—(1) The Secretary of Defense 

15 shall establish a pilot program under which the Secretary 

16 of each military department shall administer, or continue 

17 the implementation of, high-performing organizations at 

18 military installations through the conduct of a Business 

19 Process Reengineering initiative. 

20 (2) The implementation and management of a Busi21 ness Process Reengineering initiative under the pilot pro22 gram shall be the responsibility of the commander of the 

23 military installation at which the Business Process Re24 engineering initiative is carried out. 
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1 (b) ELIGIBLE ORGANIZATIONS.—Two types of organi2 zations are eligible for selection to participate in the pilot 

3 program: 

4 (1) Organizations that underwent a Business 

5 Process Reengineering initiative within the preceding 

6 five years, achieved major performance enhancements 

7 under the initiative, and will be able to sustain pre8 vious or achieve new performance goals through the 

9 continuation of its existing or completed Business 

10 Process Reengineering plan. 

11 (2) Organizations that have not undergone or 

12 have not successfully completed a Business Process 

13 Reengineering initiative, but which propose to 

14 achieve, and reasonably could reach, enhanced per15 formance goals through implementation of a Business 

16 Process Reengineering initiative. 

17 (c) ADDITIONAL ELIGIBILITY REQUIREMENTS.—(1) To 

18 be eligible for selection to participate in the pilot program 

19 under subsection (b)(1), an organization described in such 

20 subsection must be able to demonstrate the completion of 

21 a total organizational assessment that resulted in enhanced 

22 performance measures at least comparable to those that 

23 might be achieved through competitive sourcing. 
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1 (2) To be eligible for selection to participate in the 

2 pilot program under subsection (b)(2), an organization de3 scribed in such subsection must be able to identify—

4 (A) functions, processes, and measures to be stud5 ied under the Business Process Reengineering initia6 tive; 

7 (B) adequate resources for assignment to carry 

8 out the Business Process Reengineering initiative; 

9 and 

10 (C) labor/management agreements in place to en11 sure effective implementation of the Business Process 

12 Reengineering initiative. 

13 (d) PILOT PROGRAM LIMITATIONS.—The pilot pro14 gram shall be subject to the following limitations: 

15 (1) Total participants is limited to 15 military 

16 installations, with some participants to be drawn 

17 from organizations described in subsection (b)(1) and 

18 some participants drawn from organizations de19 scribed in subsection (b)(2). 

20 (2) During the implementation period for the 

21 Business Process Reengineering initiative, but not to 

22 exceed one year, a participating organization shall 

23 not be subject to any Office of Management and 

24 Budget Circular A–76 competition or other public-
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1 private competition involving any function covered by 

2 the Business Process Reengineering initiative. 

3 (e) EFFECT OF SUCCESSFUL IMPLEMENTATION.—An 

4 organization designated as a high-performing organization 

5 as a result of successful implementation of a Business Proc6 ess Reengineering initiative under the pilot program shall 

7 be exempt, during the five-year period following such des8 ignation, from any Office of Management and Budget Cir9 cular A–76 competition or other public-private competition 

10 involving any function that was studied under the Business 

11 Process Reengineering initiative. 

12 (f) REVIEWS AND REPORTS.—The Secretaries of the 

13 military departments shall conduct annual performance re14 views of the participating organizations or functions within 

15 their respective departments. Reviews and reports shall 

16 evaluate organizational performance measures or functional 

17 performance measures and determine whether organizations 

18 are performing satisfactorily for purposes of continuing 

19 participation in the pilot program. 

20 (g) PERFORMANCE MEASURES.—Performance meas21 ures should include the following, which shall be measured 

22 against organizational baselines determined before partici23 pation in the pilot program: 

24 (1) Costs, savings, and overall financial perform25 ance of the organization. 
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1 (2) Organic knowledge, skills or expertise. 

2 (3) Efficiency and effectiveness of key functions 

3 or processes. 

4 (4) Efficiency and effectiveness of the overall or5 ganization. 

6 (5) General customer satisfaction. 

7 (h) DEFINITIONS.—In this section 

8 (1) The term ‘‘high-performing organization’’ 

9 means an organization whose performance exceeds 

10 that of comparable providers, whether public or pri11 vate. 

12 (2) The term ‘‘Business Process Reengineering’’ 

13 refers to an organization’s complete and thorough 

14 analysis and reengineering of mission and support 

15 functions and processes to achieve improvements in 

16 performance, including a fundamental reshaping of 

17 the way work is done to better support an organiza18 tion’s mission and reduce costs.

19 SEC. 323. DELAYED IMPLEMENTATION OF REVISED OFFICE 

20 OF MANAGEMENT AND BUDGET CIRCULAR A21 76 BY DEPARTMENT OF DEFENSE PENDING 

22 REPORT. 

23 (a) LIMITATION PENDING REPORT.—No studies or 

24 competitions may be conducted under the policies and pro25 cedures contained in any revisions to Office of Management 
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1 and Budget Circular A–76, as the circular exists as of May 

2 1, 2003, for possible contracting out of work being per3 formed, as of such date, by employees of the Department 

4 of Defense, until the end of the 45-day period beginning 

5 on the date on which the Secretary of Defense submits to 

6 Congress a report on the impacts and effects of the revisions. 

7 (b) CONTENT OF REPORT.—The report required by 

8 subsection (a) shall contain, at a minimum, specific infor9 mation regarding the following: 

10 (1) The extent to which the revisions will ensure 

11 that employees of the Department of Defense have the 

12 opportunity to compete to retain their jobs. 

13 (2) The extent to which the revisions will provide 

14 appeal and protest rights to employees of the Depart15 ment of Defense that are equivalent to those available 

16 to contractors. 

17 (3) Identify safeguards in the revisions to ensure 

18 that all public-private competitions are fair, appro19 priate, and comply with requirements of full and 

20 open competition. 

21 (4) The plans and strategies of the Department 

22 to ensure an appropriate phase-in period for the revi23 sions, as recommended by the Commercial Activities 

24 Panel of the Government Accounting Office in its 

25 April 2002 report to Congress, including rec-
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1 ommendations for any legislative changes that may be 

2 required to ensure a smooth and efficient phase-in pe3 riod. 

4 (5) The plans and strategies of the Department 

5 to collect and analyze data on the costs and quality 

6 of work contracted out or retained in-house as a result 

7 of a sourcing process conducted under the revised Of8 fice of Management and Budget circular A–76.

9 SEC. 324. NAVAL AVIATION DEPOTS MULTI-TRADES DEM10 ONSTRATION PROJECT. 

11 (a) DEMONSTRATION PROJECT REQUIRED.—In ac12 cordance with section 4703 of title 5, United States Code, 

13 the Secretary of the Navy shall establish a demonstration 

14 project under which three Naval Aviation Depots are given 

15 the flexibility to promote by one grade level workers who 

16 are certified at the journey level as able to perform multiple 

17 trades. 

18 (b) SELECTION REQUIREMENTS.—As a condition on 

19 eligibility for selection to participate in the demonstration 

20 project, a Naval Aviation Depot shall submit to the Sec21 retary a business case analysis and concept plan—

22 (1) that, on the basis of the results of analysis 

23 of work processes, demonstrate that process improve24 ments would result from the trade combinations pro-
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1 posed to be implemented under the demonstration 

2 project; and 

3 (2) that describes the resulting improvements in 

4 cost, quality, or schedule. 

5 (c) PARTICIPATING WORKERS.—(1) Actual worker 

6 participation in the demonstration project shall be deter7 mined through competitive selection. Not more than 15 per8 cent of the wage grade journeyman at a demonstration 

9 project location may be selected to participate. 

10 (2) Job descriptions and competency-based training 

11 plans must be developed for each worker while in training 

12 under the demonstration project and once certified as a 

13 multi-trade worker. A certified multi-trade worker who re14 ceives a pay grade promotion under the demonstration 

15 project must use each new skill during at least 25 percent 

16 of the worker’s work week. 

17 (d) FUNDING SOURCE.—Amounts appropriated for op18 eration and maintenance of the Naval Aviation Depots se19 lected to participate in the demonstration project shall be 

20 used as the source of funds to carry out the demonstration 

21 project, including the source of funds for pay increases 

22 made under the project. 

23 (e) DURATION.—The demonstration project shall be 

24 conducted during fiscal years 2004 through 2006. 
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1 (f) REPORT.—Not later than January 15, 2007, the 

2 Secretary shall submit a report to Congress describing the 

3 results of the demonstration project. 

4 (g) GAO EVALUATION.—The Secretary shall transmit 

5 a copy the report to the Comptroller General. Within 90 

6 days after receiving a report, the Comptroller General shall 

7 submit to Congress an evaluation of the report. 

8 Subtitle D—Information 

9 Technology

10 SEC. 331. PERFORMANCE-BASED AND RESULTS-BASED MAN11 AGEMENT REQUIREMENTS FOR CHIEF INFOR12 MATION OFFICERS OF DEPARTMENT OF DE13 FENSE. 

14 (a) ACCOUNTABILITY.—Section 2223 of title 10, 

15 United States Code, is amended—

16 (1) by redesignating subsection (c) as subsection 

17 (e); and 

18 (2) by inserting after subsection (b) the following 

19 new subsection: 

20 ‘‘(c) PERFORMANCE-BASED AND RESULTS-BASED MAN21 AGEMENT.—In addition to the responsibilities provided for 

22 in subsections (a) and (b), the Chief Information Officer 

23 of the Department of Defense and the Chief Information Of24 ficer of a military department shall—
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1 ‘‘(1) encourage the use of performance-based and 

2 results-based management in fulfilling the responsibil3 ities provided for in subsections (a) and (b), as appli4 cable; 

5 ‘‘(2) evaluate the information resources manage6 ment practices of the department concerned with re7 spect to the performance and results of the invest8 ments made by the department in information tech9 nology; 

10 ‘‘(3) establish effective and efficient capital plan11 ning processes for selecting, managing, and evalu12 ating the results of all of the department’s major in13 vestments in information systems; 

14 ‘‘(4) ensure that any analysis of the missions of 

15 the department is adequate and make recommenda16 tions, as appropriate, on the department’s mission-re17 lated processes, administrative processes, and any sig18 nificant investments in information technology to be 

19 used in support of those missions; and 

20 ‘‘(5) ensure that information security policies, 

21 procedures, and practices are adequate.’’. 

22 (b) DEFENSE AGENCY RESPONSIBILITIES.—Section 

23 2223 of title 10, United States Code, is further amended 

24 by inserting after subsection (c), as added by subsection (a), 

25 the following new subsection: 
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1 ‘‘(d) DEFENSE AGENCIES AND FIELD ACTIVITIES.—

2 The Secretary of Defense shall require the Director of each 

3 Defense Agency and Department of Defense Field Activity 

4 to ensure that the responsibilities set forth in subsections 

5 (b) and (c) for Chief Information Officers of military de6 partments are carried out within the Agency or Field Activ7 ity by any officer or employee acting as a chief information 

8 officer or carrying out duties similar to a chief information 

9 officer.’’. 

10 Subtitle E—Other Matters

11 SEC. 341. CATALOGING AND STANDARDIZATION FOR DE12 FENSE SUPPLY MANAGEMENT. 

13 (a) STANDARDIZATION METHODS.—Section 2451 of 

14 title 10, United States Code, is amended to read as follows: 

15 ‘‘§ 2451. Defense supply management 

16 ‘‘(a) SINGLE CATALOG SYSTEM.—The Secretary of De17 fense shall adopt, implement and maintain a single catalog 

18 system for standardizing supplies for the Department of De19 fense. The single catalog system shall be used for each sup20 ply the Department uses, buys, stocks, or distributes. 

21 ‘‘(b) STANDARDIZATION REQUIREMENTS.—To the 

22 highest degree practicable, the Secretary of Defense shall—

23 ‘‘(1) adopt and use single commercial standards 

24 or voluntary standards, in consultation with industry 

25 advisory groups, in order to eliminate overlapping 
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1 and duplicate specifications for supplies for the De2 partment of Defense and to reduce the number of sizes 

3 and kind of supplies that are generally similar; 

4 ‘‘(2) standardize the methods of packing, pack5 aging, and preserving supplies; and 

6 ‘‘(3) make efficient use of the services and facili7 ties for inspecting, testing, and accepting supplies. 

8 ‘‘(c) CONSULTATION AND COOPERATION.—The Sec9 retary of Defense shall maintain liaison with industry ad10 visory groups to coordinate the development of the supply 

11 catalog and the standardization program with the best 

12 practices of industry and to obtain the fullest practicable 

13 cooperation and participation of industry in developing the 

14 supply catalog and the standardization program.’’. 

15 (b) EQUIPMENT STANDARDIZATION WITH NATO MEM16 BERS.—Section 2457 of such title is amended by striking 

17 subsection (d). 

18 (c) CONFORMING REPEALS.—(1) Chapter 145 of such 

19 title is amended by striking sections 2452, 2453, and 2454. 

20 (2) The table of sections at the beginning of such chap21 ter is amended by striking the items related to sections 

22 2452, 2453, and 2454.
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1 SEC. 342. SPACE-AVAILABLE TRANSPORTATION FOR DE2 PENDENTS OF MEMBERS ASSIGNED TO OVER3 SEAS DUTY LOCATIONS FOR CONTINUOUS PE4 RIOD IN EXCESS OF ONE YEAR. 

5 (a) IN GENERAL.—Chapter 157 of title 10, United 

6 States Code, is amended by adding at the end the following 

7 new section:

8 ‘‘§ 2648. Dependents of members assigned to overseas 

9 duty locations for continuous period in ex10 cess of one year: space-available transpor11 tation 

12 ‘‘(a) AUTHORITY.—The Secretary of Defense shall au13 thorize travel on Government aircraft on a space-available 

14 basis for dependents of members on active duty assigned 

15 to duty at an overseas location as described in subsection 

16 (b) to the same extent as such travel is authorized for a 

17 dependent of a member assigned to that duty location in 

18 a permanent change of station status. 

19 ‘‘(b) DUTY STATUS COVERED.—Duty at an overseas 

20 location described in this subsection is duty for a contin21 uous period in excess of one year that is in a temporary 

22 duty status or that is in a permanent duty status without 

23 change of station. 

24 ‘‘(c) TYPES OF TRANSPORTATION AUTHORIZED.—If 

25 authorized for other members at that duty location, travel 

26 provided under this section may include (1) travel between 
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1 the overseas duty location and the United States and re2 turn, and (2) travel between the overseas duty location and 

3 another overseas location and return. 

4 ‘‘(d) ALASKA AND HAWAII.—For purposes of this sec5 tion, duty in Alaska or Hawaii shall be considered to be 

6 duty at an overseas location.’’.

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

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

9 end the following new item:

‘‘2648. Dependents of members assigned to overseas duty locations for continuous 

period in excess of one year: space-available transportation.’’.

10 SEC. 343. PRESERVATION OF AIR FORCE RESERVE WEATH11 ER RECONNAISSANCE MISSION. 

12 The Secretary of Defense shall not disestablish, dis13 continue, or transfer the weather reconnaissance mission of 

14 the Air Force Reserve unless the Secretary determines that 

15 another organization or entity can demonstrate that it has 

16 the capability to perform the same mission with the same 

17 capability as the Air Force Reserve.

18 TITLE IV—MILITARY PERSONNEL 

19 AUTHORIZATIONS 

20 Subtitle A—Active Forces 

21 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

22 The Armed Forces are authorized strengths for active 

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

24 (1) The Army, 482,375. 
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1 (2) The Navy, 375,700. 

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

3 (4) The Air Force, 361,268. 

4 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

5 STRENGTH MINIMUM LEVELS. 

6 Effective October 1, 2003, section 691(b) of title 10, 

7 United States Code, is amended as follows: 

8 (1) ARMY.—Paragraph (1) is amended by strik9 ing ‘‘480,000’’ and inserting ‘‘482,375’’. 

10 (2) AIR FORCE.—Paragraph (4) is amended by 

11 striking ‘‘359,000’’ and inserting ‘‘361,268’’.

12 Subtitle B—Reserve Forces 

13 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

15 strengths for Selected Reserve personnel of the reserve com16 ponents as of September 30, 2004, as follows: 

17 (1) The Army National Guard of the United 

18 States, 350,000. 

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

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

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

22 (5) The Air National Guard of the United 

23 States, 107,000. 

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

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

2 subsection (a) for the Selected Reserve of any reserve compo3 nent shall be proportionately reduced by—

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

6 component which are on active duty (other than for 

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

8 (2) the total number of individual members not 

9 in units organized to serve as units of the Selected 

10 Reserve of such component who are on active duty 

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

13 of the fiscal year. 

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

16 strength prescribed for such fiscal year for the Selected Re17 serve of such reserve component shall be proportionately in18 creased by the total authorized strengths of such units and 

19 by the total number of such individual members. 

20 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

21 DUTY IN SUPPORT OF THE RESERVES. 

22 Within the end strengths prescribed in section 411(a), 

23 the reserve components of the Armed Forces are authorized, 

24 as of September 30, 2004, the following number of Reserves 

25 to be serving on full-time active duty or full-time duty, in 
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1 the case of members of the National Guard, for the purpose 

2 of organizing, administering, recruiting, instructing, or 

3 training the reserve components: 

4 (1) The Army National Guard of the United 

5 States, 25,386. 

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

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

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

9 (5) The Air National Guard of the United 

10 States, 12,140. 

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

12 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

13 (DUAL STATUS). 

14 The minimum number of military technicians (dual 

15 status) as of the last day of fiscal year 2004 for the reserve 

16 components of the Army and the Air Force (notwith17 standing section 129 of title 10, United States Code) shall 

18 be the following: 

19 (1) For the Army National Guard of the 

20 United States, 24,589. 

21 (2) For the Army Reserve, 7,844. 

22 (3) For the Air National Guard of the 

23 United States, 22,806. 

24 (4) For the Air Force Reserve, 9,991.
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1 SEC. 414. FISCAL YEAR 2004 LIMITATION ON NON-DUAL STA2 TUS TECHNICIANS. 

3 The number of non-dual status technicians of a reserve 

4 component of the Army or the Air Force as of September 

5 30, 2004, may not exceed the following: 

6 (1) For the Army Reserve, 910. 

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

8 States, 1,600. 

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

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

11 States, 350.

12 SEC. 415. PERMANENT LIMITATIONS ON NUMBER OF NON13 DUAL STATUS TECHNICIANS. 

14 Section 10217(c) of title 10, United States Code, is 

15 amended by striking ‘‘and Air Force Reserve may not ex16 ceed 175’’ and inserting ‘‘may not exceed 595 and by the 

17 Air Force Reserve may not exceed 90’’.

18 Subtitle C—Authorizations of 

19 Appropriations 

20 SEC. 421. MILITARY PERSONNEL. 

21 There is hereby authorized to be appropriated to the 

22 Department of Defense for military personnel for fiscal year 

23 2004 a total of $98,938,511,000. The authorization in the 

24 preceding sentence supersedes any other authorization of 

25 appropriations (definite or indefinite) for such purpose for 

26 fiscal year 2004. 
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1 SEC. 422. ARMED FORCES RETIREMENT HOME. 

2 There is hereby authorized to be appropriated for fiscal 

3 year 2004 from the Armed Forces Retirement Home Trust 

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

5 Forces Retirement Home.

6 TITLE V—MILITARY PERSONNEL 

7 POLICY 

8 Subtitle A—General and Flag 

9 Officer Matters

10 SEC. 501. STANDARDIZATION OF QUALIFICATIONS FOR AP11 POINTMENT AS SERVICE CHIEF. 

12 (a) CHIEF OF NAVAL OPERATIONS.—Section 

13 5033(a)(1) of title 10, United States Code, is amended by 

14 striking ‘‘from officers on the active-duty list in the line 

15 of the Navy who are eligible to command at sea and who 

16 hold the grade of rear admiral or above’’ and inserting ‘‘flag 

17 officers of the Navy’’. 

18 (b) COMMANDANT OF THE MARINE CORPS.—Section 

19 5043(a)(1) of title 10, United States Code, is amended by 

20 striking ‘‘from officers on the active-duty list of the Marine 

21 Corps not below the grade of colonel’’ and inserting ‘‘general 

22 officers of the Marine Corps’’.
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1 Subtitle B—Other Officer Personnel 

2 Policy Matters 

3 SEC. 511. REPEAL OF PROHIBITION ON TRANSFER BE4 TWEEN LINE OF THE NAVY AND NAVY STAFF 

5 CORPS APPLICABLE TO REGULAR NAVY OFFI6 CERS IN GRADES ABOVE LIEUTENANT COM7 MANDER. 

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

9 Code, is repealed. 

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

11 the beginning of chapter 539 of such title is amended by 

12 striking the item relating to section 5582.

13 SEC. 512. RETENTION OF HEALTH PROFESSIONS OFFICERS 

14 TO FULFILL ACTIVE-DUTY SERVICE COMMIT15 MENTS FOLLOWING PROMOTION NONSELEC16 TION. 

17 (a) IN GENERAL.—Section 632 of title 10, United 

18 States Code, is amended—

19 (1) in subsection (a)(1), by inserting ‘‘except as 

20 provided in paragraph (3) and in subsection (c),’’ be21 fore ‘‘be discharged’’; and 

22 (3) by adding at the end the following new sub23 section: 

24 ‘‘(c)(1) If a health professions officer described in para25 graph (2) is subject to discharge under subsection (a)(1) 
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1 and, as of the date on which the officer is to be discharged 

2 under that paragraph, the officer has not completed a pe3 riod of active duty service obligation that the officer in4 curred under section 2005, 2114, 2123, or 2603 of this title, 

5 the officer shall be retained on active duty until completion 

6 of such active duty service obligation, and then be dis7 charged under that subsection, unless sooner retired or dis8 charged under another provision of law. 

9 ‘‘(2) The Secretary concerned may waive the applica10 bility of paragraph (1) to any officer if the Secretary deter11 mines that completion of the active duty service obligation 

12 of that officer is not in the best interest of the service. 

13 ‘‘(3) This subsection applies to a medical officer or 

14 dental officer or an officer appointed in a medical skill 

15 other than as a medical officer or dental officer (as defined 

16 in regulations prescribed by the Secretary of Defense).’’. 

17 (b) TECHNICAL AMENDMENTS.—Sections 630(2), 

18 631(a)(3), and 632(a)(3) of such title are amended by strik19 ing ‘‘clause’’ and inserting ‘‘paragraph’’. 

20 (c) EFFECTIVE DATE.—The amendments made by sub21 section (a) shall not apply in the case of an officer who 

22 as of the date of the enactment of this Act is required to 

23 be discharged under section 632(a)(1) of title 10, United 

24 States Code, by reason of having failed of selection for pro25 motion to the next higher regular grade a second time.
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1 SEC. 513. INCREASED FLEXIBILITY FOR VOLUNTARY RE2 TIREMENT FOR MILITARY OFFICERS. 

3 (a) IN GENERAL.—Section 1370 of title 10, United 

4 States Code, is amended—

5 (1) in subsection (a)—

6 (A) in paragraph (1)—

7 (i) by striking ‘‘except as provided in 

8 paragraph (2)’’ and inserting ‘‘subject to 

9 paragraphs (2) and (3)’’; and 

10 (ii) by striking ‘‘, for not less than six 

11 months’’; 

12 (B) by redesignating paragraph (3) as 

13 paragraph (4); and 

14 (C) by striking paragraph (2) and inserting 

15 the following: 

16 ‘‘(2) In order to be eligible for voluntary retirement 

17 under this title in a grade below the grade of lieutenant 

18 colonel or commander, a commissioned officer of the Army, 

19 Navy, Air Force, or Marine Corps covered by paragraph 

20 (1) must have served on active duty in that grade for not 

21 less than six months. 

22 ‘‘(3)(A) In order to be eligible for voluntary retirement 

23 in a grade above major or lieutenant commander and below 

24 brigadier general or rear admiral (lower half), a commis25 sioned officer of the Army, Navy, Air Force, or Marine 

26 Corps covered by paragraph (1) must have served on active 
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1 duty in that grade for not less than three years, except that 

2 the Secretary of Defense may authorize the Secretary of the 

3 military department concerned to reduce such period to a 

4 period not less than two years. 

5 ‘‘(B) In order to be eligible for voluntary retirement 

6 in a grade above colonel or captain, in the case of the Navy, 

7 a commissioned officer of the Army, Navy, Air Force, or 

8 Marine Corps covered by paragraph (1) must have served 

9 on active duty in that grade for not less than one year. 

10 ‘‘(C) An officer in a grade above major general or rear 

11 admiral may be retired in the highest grade in which the 

12 officer served on active duty satisfactorily for not less than 

13 one year, upon approval by the Secretary of the military 

14 department concerned and concurrence by the Secretary of 

15 Defense. The function of the Secretary of Defense under the 

16 preceding sentence may only be delegated to a civilian offi17 cial in the Office of the Secretary of Defense appointed by 

18 the President, by and with the advice and consent of the 

19 Senate. 

20 ‘‘(D) The President may waive subparagraph (A), (B) 

21 or (C) in individual cases involving extreme hardship or 

22 exceptional or unusual circumstances. The authority of the 

23 President under the preceding sentence may not be dele24 gated.’’; 
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1 (2) in subsection (b), by inserting ‘‘or whose 

2 service on active duty in that grade was not deter3 mined to be satisfactory by the Secretary of the mili4 tary department concerned’’ after ‘‘specified in sub5 section (a)’’; 

6 (3) by striking subsection (c); and 

7 (4) by redesignating subsection (d) as subsection 

8 (c) and in that subsection—

9 (A) in paragraph (3)—

10 (i) in subparagraph (A)—

11 (I) by inserting ‘‘(i)’’ after 

12 ‘‘(3)(A)’’; 

13 (II) by inserting ‘‘and below brig14 adier general or rear admiral (lower 

15 half)’’ after ‘‘lieutenant commander’’; 

16 (III) by inserting ‘‘, except that 

17 the Secretary of Defense may authorize 

18 the Secretary of the military depart19 ment concerned to reduce such period 

20 to a period not less than two years’’ 

21 after ‘‘three years’’; and 

22 (IV) by adding at the end the fol23 lowing new clauses: 

24 ‘‘(ii) In order to be credited with satisfactory service 

25 in a grade above colonel or captain, in the case of the Navy, 
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1 a person covered by paragraph (1) must have served satis2 factorily in that grade (as determined by the Secretary of 

3 the military department concerned) as a reserve commis4 sioned officer in active status, or in a retired status on ac5 tive duty, for not less than one year. 

6 ‘‘(iii) An officer covered by paragraph (1) who is in 

7 a grade above the grade of major general or rear admiral 

8 may be retired in the highest grade in which the officer 

9 served satisfactorily for not less than one year, upon ap10 proval by the Secretary of the military department con11 cerned and concurrence by the Secretary of Defense. The 

12 function of the Secretary of Defense under the preceding 

13 sentence may only be delegated to a civilian official in the 

14 Office of the Secretary of Defense appointed by the presi15 dent, by and with the advice and consent of the Senate.’’; 

16 (ii) in subparagraphs (D) and (E), by 

17 striking subparagraph (A)’’ and inserting 

18 ‘‘subparagraph (A)(i)’’; and 

19 (iii) by striking subparagraph (F); 

20 and 

21 (B) by striking paragraphs (5) and (6); and 

22 (5) by striking subsection (e). 

23 (b) CONFORMING AMENDMENTS.—Section 1406(i)(2) 

24 of such title is amended—
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1 (1) in the paragraph heading, by striking ‘‘MEM2 BERS’’ and all that follows through ‘‘SATISFAC3 TORILY’’ and inserting ‘‘ENLISTED MEMBERS RE4 DUCED IN GRADE’’; 

5 (2) by striking ‘‘a member’’ and inserting ‘‘an 

6 enlisted member’’; 

7 (3) by striking ‘‘1998—’’ and all that follows 

8 through ‘‘is reduced in’’ and inserting ‘‘1998, is re9 duced in’’; 

10 (4) by striking ‘‘; or’’ and inserting a period; 

11 and 

12 (5) by striking subparagraph (B). 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply with respect to the determination of the 

15 retired grade of members of the Armed Forces retiring on 

16 or after the date of the enactment of this Act.

17 Subtitle C—Reserve Component 

18 Matters 

19 SEC. 521. STREAMLINED PROCESS FOR CONTINUATION OF 

20 OFFICERS ON THE RESERVE ACTIVE-STATUS 

21 LIST. 

22 (a) REPEAL OF REQUIREMENT FOR USE OF SELEC23 TION BOARDS.—Section 14701 of title 10, United States 

24 Code, is amended—

25 (1) in subsection (a)—
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1 (A) in paragraph (1), by striking ‘‘by a se2 lection board convened under section 14101(b) of 

3 this title’’ and inserting ‘‘under regulations pre4 scribed by the Secretary of Defense; and 

5 (B) in paragraph (6), by striking ‘‘as a re6 sult of the convening of a selection board under 

7 section 14101(b) of this title’’ and inserting 

8 ‘‘under regulations prescribed under paragraph 

9 (1)’’; 

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

11 (3) by redesignating subsection (d) as subsection 

12 (b).

13 (b) CONFORMING AMENDMENTS.—(1) Section 14101(b) 

14 of such title is amended—

15 (A) by striking ‘‘CONTINUATION BOARDS’’ and 

16 inserting ‘‘SELECTIVE EARLY SEPARATION BOARDS’’; 

17 (B) by striking paragraph (1); 

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

19 paragraphs (1) and (2), respectively; and 

20 (D) by striking the last sentence. 

21 (2) Section 14102(a) of such title is amended by strik22 ing ‘‘Continuation boards’’ and inserting ‘‘Selection boards 

23 convened under section 14101(b) of this title’’. 
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1 (3) Section 14705(b)(1) of such title is amended by 

2 striking ‘‘continuation board’’ and inserting ‘‘selection 

3 board’’.

4 SEC. 522. CONSIDERATION OF RESERVE OFFICERS FOR PO5 SITION VACANCY PROMOTIONS IN TIME OF 

6 WAR OR NATIONAL EMERGENCY. 

7 (a) PROMOTION CONSIDERATION WHILE ON ACTIVE8 DUTY LIST.—(1) Subsection (d) of section 14317 of title 

9 10, United States Code, is amended by striking ‘‘If a reserve 

10 officer’’ and inserting ‘‘Except as provided in subsection (e), 

11 if a reserve officer’’. 

12 (2) Subsection (e) of such section is amended to read 

13 as follows: 

14 ‘‘(e) OFFICERS ORDERED TO ACTIVE DUTY IN TIME

15 OF WAR OR NATIONAL EMERGENCY.—(1) A reserve officer 

16 who is not on the active-duty list and who is ordered to 

17 active duty in time of war or national emergency may, if 

18 eligible, be considered for promotion—

19 ‘‘(A) by a mandatory promotion board convened 

20 under section 14101(a) of this title or a special selec21 tion board convened under section 14502 of this title; 

22 or 

23 ‘‘(B) in the case of an officer who has been or24 dered to or is serving on active duty in support of a 
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1 contingency operation, by a vacancy promotion board 

2 convened under section 14101(a) of this title. 

3 ‘‘(2) An officer may not be considered for promotion 

4 under this subsection after the end of the two-year period 

5 beginning on the date on which the officer is ordered to ac6 tive duty. 

7 ‘‘(3) An officer may not be considered for promotion 

8 under this subsection during a period when the operation 

9 of this section has been suspended by the President under 

10 the provisions of section 123 or 10213 of this title. 

11 ‘‘(4) Consideration of an officer for promotion under 

12 this subsection shall be under regulations prescribed by the 

13 Secretary of the military department concerned.’’. 

14 (b) CONFORMING AMENDMENT.—Section 14315(a)(1) 

15 of such title is amended by striking ‘‘as determined by the 

16 Secretary concerned, is available’’ and inserting ‘‘under 

17 regulations prescribed by the Secretary concerned, has been 

18 recommended’’. 

19 SEC. 523. SIMPLIFICATION OF DETERMINATION OF ANNUAL 

20 PARTICIPATION FOR PURPOSES OF READY 

21 RESERVE TRAINING REQUIREMENTS. 

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

23 States Code, is amended to read as follows: 

24 ‘‘(a)(1) Except as provided pursuant to paragraph (2), 

25 each person who is enlisted, inducted, or appointed in an 
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1 armed force and who becomes a member of the Ready Re2 serve under any provision of law other than section 513 

3 or 10145(b) of this title shall be required, while in the 

4 Ready Reserve, to participate in a combination of drills, 

5 training periods, and active duty equivalent to 38 days (ex6 clusive of travel) during each year. 

7 ‘‘(2) The Secretary of Defense, and the Secretary of 

8 Homeland Security with respect to the Coast Guard when 

9 it is not operating as a service in the Navy, may prescribe 

10 regulations providing specific exceptions for the require11 ments of paragraph (1).’’.

12 SEC. 524. AUTHORITY FOR DELEGATION OF REQUIRED SEC13 RETARIAL SPECIAL FINDING FOR PLACE14 MENT OF CERTAIN RETIRED MEMBERS IN 

15 READY RESERVE. 

16 The last sentence of section 10145(d) of title 10, United 

17 States Code, is amended to read as follows: ‘‘The authority 

18 of the Secretary concerned under the preceding sentence 

19 may not be delegated—

20 ‘‘(1) to a civilian officer or employee of the mili21 tary department concerned below the level of the As22 sistant Secretary of the military department con23 cerned; or 

24 ‘‘(2) to a member of the armed forces below the 

25 level of the lieutenant general or vice admiral in an 
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1 armed force with responsibility for military personnel 

2 policy in that armed force.’’.

3 SEC. 525. AUTHORITY TO PROVIDE EXPENSES OF ARMY AND 

4 AIR STAFF PERSONNEL AND NATIONAL 

5 GUARD BUREAU PERSONNEL ATTENDING NA6 TIONAL CONVENTIONS OF CERTAIN MILI7 TARY ASSOCIATIONS. 

8 (a) AUTHORITY.—Section 107(a)(2) of title 32, United 

9 States Code, is amended—

10 (1) by striking ‘‘officers’’ and inserting ‘‘mem11 bers’’; 

12 (2) by striking ‘‘Army General Staff’’ and in13 serting ‘‘Army Staff’’; and 

14 (3) by striking ‘‘National Guard Association of 

15 the United States’’ and inserting ‘‘, Enlisted Associa16 tion of the National Guard of the United States, Na17 tional Guard Association of the United States,’’. 

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall not apply with respect to funds appro20 priated for a fiscal year before fiscal year 2004.
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1 Subtitle D—Military Education and 

2 Training 

3 SEC. 531. AUTHORITY FOR THE MARINE CORPS UNIVERSITY 

4 TO AWARD THE DEGREE OF MASTER OF 

5 OPERATIONAL STUDIES. 

6 (a) AUTHORITY.—Section 7102 of title 10, United 

7 States Code, is amended—

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

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

10 (2) by inserting after subsection (b) the following 

11 new subsection (c): 

12 ‘‘(c) COMMAND AND STAFF COLLEGE OF THE MARINE

13 CORP UNIVERSITY.—Upon the recommendation of the Di14 rector and faculty of the Command and Staff College of the 

15 Marine Corps University, the President of the Marine Corps 

16 University may confer the degree of master of operational 

17 studies upon graduates of the Command and Staff College’s 

18 School of Advanced Warfighting who fulfill the require19 ments for that degree.’’. 

20 (b) EFFECTIVE DATE.—The authority to confer the de21 gree of master of operational studies under section 7102(c) 

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

23 may not be exercised until the Secretary of Education deter24 mines, and certifies to the President of the Marine Corps 

25 University, that the requirements established by the Com-
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1 mand and General Staff College of the Marine Corps Uni2 versity for that degree are in accordance with generally ap3 plicable requirements for a degree of master of arts. Upon 

4 receipt of such a certification, the President of the Univer5 sity shall promptly transmit a copy of the certification to 

6 the Committee on Armed Services of the Senate and Com7 mittee on Armed Services of the House of Representatives.

8 SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE AUTHOR9 ITY FOR CADETS AND MIDSHIPMEN RECEIV10 ING ROTC SCHOLARSHIPS. 

11 (a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE

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

13 States Code, is amended by adding at the end the following 

14 new paragraphs: 

15 ‘‘(3) In the case of a cadet or midshipman eligible to 

16 receive financial assistance under paragraph (1) or (2), the 

17 Secretary of the military department concerned may, in 

18 lieu of all or part of the financial assistance described in 

19 paragraph (1), provide financial assistance in the form of 

20 room and board expenses for the cadet or midshipman and 

21 other expenses required by the educational institution. 

22 ‘‘(4) The total amount of financial assistance, includ23 ing the payment of room and board and other educational 

24 expenses, provided to a cadet or midshipman in an aca25 demic year under this subsection may not exceed an amount 
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1 equal to the amount that could be provided as financial 

2 assistance for such cadet or midshipman under paragraph 

3 (1) or (2), or other amount determined by the Secretary 

4 concerned, without regard to whether room and board and 

5 other educational expenses for such cadet or midshipman 

6 are paid under paragraph (3).’’. 

7 ‘‘(b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE

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

9 is amended—

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

11 (2) by adding at the end the following new para12 graphs: 

13 ‘‘(2) In the case of a cadet eligible to receive financial 

14 assistance under paragraph (1), the Secretary of the mili15 tary department concerned may, in lieu of all or part of 

16 the financial assistance described in paragraph (1), provide 

17 financial assistance in the form of room and board expenses 

18 for such cadet and other expenses required by the edu19 cational institution. 

20 ‘‘(3) The total amount of financial assistance, includ21 ing the payment of room and board and any other edu22 cational expenses, provided to a cadet in an academic year 

23 under this subsection may not exceed an amount equal to 

24 the amount that could be provided as financial assistance 

25 for such cadet under paragraph (1), or other amount deter-
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1 mined by the Secretary of the Army, without regard to 

2 whether the room and board and other educational expenses 

3 for such cadet are paid under paragraph (2).’’. 

4 (c) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply to payment of expenses of cadets and 

6 midshipmen of the Senior Reserve Officers’ Training Corps 

7 program that are due after the date of the enactment of 

8 this Act.

9 SEC. 533. INCREASE IN ALLOCATION OF SCHOLARSHIPS 

10 UNDER ARMY RESERVE ROTC SCHOLARSHIP 

11 PROGRAM TO STUDENTS AT MILITARY JUN12 IOR COLLEGES. 

13 Section 2107a(h) of title 10, United States Code, 

14 is amended by striking ‘‘10’’ each place it appears 

15 and inserting ‘‘17’’. 

16 SEC. 534. INCLUSION OF ACCRUED INTEREST IN AMOUNTS 

17 THAT MAY BE REPAID UNDER SELECTED RE18 SERVE CRITICAL SPECIALTIES EDUCATION 

19 LOAN REPAYMENT PROGRAM. 

20 Section 16301 of title 10, United States Code, is 

21 amended—

22 (1) in subsection (b), by inserting before the pe23 riod at the end the following: ‘‘, plus the amount of 

24 any interest that may accrue during the current 

25 year’’; and 
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1 (2) in subsection (c), by adding at the end the 

2 following new sentence: ‘‘For the purposes of this sec3 tion, any interest that has accrued on the loan for pe4 riods before the current year shall be considered as 

5 within the total loan amount that shall be repaid.’’.

6 SEC. 535. AUTHORITY FOR NONSCHOLARSHIP SENIOR ROTC 

7 SOPHOMORES TO VOLUNTARILY CONTRACT 

8 FOR AND RECEIVE SUBSISTENCE ALLOW9 ANCE.

10 (a) AUTHORITY FOR ALLOWANCE.—Section 209 of title 

11 37, United States Code, is amended—

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

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

14 (2) by inserting after subsection (b) the following 

15 new subsection (c): 

16 ‘‘(c) NONSCHOLARSHIP SENIOR ROTC MEMBERS NOT

17 IN ADVANCED TRAINING.—A member of the Selected Reserve 

18 Officers’ Training Corps who has entered into an agreement 

19 under section 2103a of title 10 is entitled to a monthly sub20 sistence allowance at a rate prescribed under subsection (a). 

21 The allowance may be paid to the member for a maximum 

22 of 20 months.’’. 

23 (b) AUTHORITY TO ACCEPT ENROLLMENT.—(1) Chap24 ter 103 of title 10, United States Code, is amended by in25 serting after section 2103 the following new section:
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1 ‘‘§ 2103a. Students not eligible for advanced training: 

2 commitment to military service 

3 ‘‘(a) A member of the program who has completed suc4 cessfully the first year of a four-year Senior Reserve Offi5 cers’ Training Corps course and who is not eligible for ad6 vanced training under section 2104 of this title and is not 

7 a cadet or midshipman appointed under section 2107 of 

8 this title may—

9 ‘‘(1) contract with the Secretary of the military 

10 department concerned, or the Secretary’s designated 

11 representative, to serve for the period required by the 

12 program; and 

13 ‘‘(2) agree in writing to accept an appointment, 

14 if offered, as a commissioned officer in the Army, 

15 Navy, Air Force, or Marine Corps, as the case may 

16 be, and to serve in the armed forces for the period 

17 prescribed by the Secretary. 

18 ‘‘(b) A member of the program may enter into a con19 tract and agreement under this section (and receive a sub20 sistence allowance under section 209(c) of title 37) only if 

21 the person—

22 ‘‘(1) is a citizen of the United States; 

23 ‘‘(2) enlists in an armed force under the jurisdic24 tion of the Secretary of the military department con25 cerned for the period prescribed by the Secretary; and 
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1 ‘‘(3) executes a certificate of loyalty in such form 

2 as the Secretary of Defense prescribes or take a loy3 alty oath as prescribed by the Secretary. 

4 ‘‘(c) A member of the program who is a minor may 

5 enter into a contract under subsection (a)(1) only with the 

6 consent of the member’s parent or guardian.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘2103a. Students not eligible for advanced training: commitment to military service.’’.

9 SEC. 536. APPOINTMENTS TO MILITARY SERVICE ACAD10 EMIES FROM NOMINATIONS MADE BY DELE11 GATES FROM GUAM, VIRGIN ISLANDS, AND 

12 AMERICAN SAMOA. 

13 (a) UNITED STATES MILITARY ACADEMY.—Section 

14 4342(a) of title 10, United States Code, is amended—

15 (1) in paragraphs (6) and (8), by striking 

16 ‘‘Two’’ and inserting ‘‘Three’’; and 

17 (2) in paragraph (9), by striking ‘‘One’’ and in18 serting ‘‘Two’’. 

19 (b) UNITED STATES NAVAL ACADEMY.—Section 

20 6954(a) of such title is amended—

21 (1) in paragraphs (6) and (8), by striking 

22 ‘‘Two’’ and inserting ‘‘Three’’; and 

23 (2) in paragraph (9), by striking ‘‘One’’ and in24 serting ‘‘Two’’. 
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1 (c) UNITED STATES AIR FORCE ACADEMY.—Section 

2 9342(a) of such title is amended—

3 (1) in paragraphs (6) and (8), by striking 

4 ‘‘Two’’ and inserting ‘‘Three’’; and 

5 (2) in paragraph (9), by striking ‘‘One’’ and in6 serting ‘‘Two’’. 

7 (d) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply with respect to the nomination of can9 didates for appointment to the United States Military 

10 Academy, the United States Naval Academy, and the 

11 United States Air Force Academy for classes entering those 

12 academies after the date of the enactment of this Act.

13 SEC. 537. READMISSION TO SERVICE ACADEMIES OF CER14 TAIN FORMER CADETS AND MIDSHIPMEN. 

15 (a) INSPECTOR GENERAL REPORT AS BASIS FOR RE16 ADMISSION.—(1) When a formal report by an Inspector 

17 General within the Department of Defense concerning the 

18 circumstances of the separation of a cadet or midshipman 

19 from one of the service academies contains a specific finding 

20 specified in paragraph (2), the Secretary of the military 

21 department concerned may use that report as the sole basis 

22 for readmission of the former cadet or midshipman to the 

23 respective service or service academy. 
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1 (2) A finding specified in this paragraph is a finding 

2 that substantiates that a former service academy cadet or 

3 midshipman, while attending the service academy—

4 (A) received administrative or punitive action or 

5 nonjudicial punishment as a result of reprisal; 

6 (B) resigned in lieu of disciplinary, administra7 tive, or other action that the formal report concludes 

8 constituted a threat of reprisal; or 

9 (C) otherwise suffered an injustice that contrib10 uted to the resignation of the cadet or midshipman. 

11 (b) READMISSION.—In the case of a formal report by 

12 an Inspector General described in subsection (a), the Sec13 retary concerned shall offer the former cadet or midshipman 

14 an opportunity for readmission to the service academy from 

15 which the former cadet or midshipman resigned, if the 

16 former cadet or midshipman is otherwise eligible for such 

17 readmission.

18 (c) APPLICATIONS FOR READMISSION.—A former cadet 

19 or midshipman described in a report referred to in sub20 section (a) may apply for readmission to the service acad21 emy on the basis of that report and shall not be required 

22 to submit the request for readmission through a board for 

23 the correction of military records. 

24 (d) REGULATIONS TO MINIMIZE ADVERSE IMPACT

25 UPON READMISSION.—The Secretary of each military de-
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1 partment shall prescribe regulations for the readmission of 

2 a former cadet or midshipman described in subsections (a), 

3 with the goal, to the maximum extent practicable, of re4 admitting the former cadet or midshipman at no loss of 

5 the academic or military status held by the former cadet 

6 at the time of resignation. 

7 (e) CONSTRUCTION WITH OTHER REMEDIES.—This 

8 section does not preempt or supercede any other remedy that 

9 may be available to a former cadet or midshipman. 

10 (f) SERVICE ACADEMIES.—In this section, the term 

11 ‘‘service academy’’ means the following: 

12 (1) The United States Military Academy. 

13 (2) The United States Naval Academy. 

14 (3) The United States Air Force Academy.

15 SEC. 538. AUTHORIZATION FOR NAVAL POSTGRADUATE 

16 SCHOOL TO PROVIDE INSTRUCTION TO EN17 LISTED MEMBERS PARTICIPATING IN CER18 TAIN PROGRAMS. 

19 (a) INSTRUCTION OF ENLISTED MEMBERS.—Sub20 section (a) of section 7045 of title 10, United States Code, 

21 is amended by striking paragraph (2) and inserting the fol22 lowing: 

23 ‘‘(2) The Secretary may permit enlisted members of 

24 the armed forces to receive instruction at the Naval Post25 graduate School for the purpose of attending—
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1 ‘‘(A) executive level seminars; or 

2 ‘‘(B) the information security scholarship pro3 gram under chapter 112 of this title. 

4 ‘‘(3) In addition to instruction authorized under para5 graph (2), the Secretary may, on a space-available basis, 

6 permit an enlisted member of any of the armed forces to 

7 receive instruction at the Naval Postgraduate School if the 

8 member is assigned permanently to the staff of the Naval 

9 Postgraduate School or to a nearby command.’’.

10 (b) REIMBURSEMENT.—Subsection (b) of such section 

11 is amended—

12 (1) by striking ‘‘The Department’’ and inserting 

13 ‘‘(1) Except as provided under paragraph (3), the De14 partment ’’; 

15 (2) by striking ‘‘officers’’ in the first sentence 

16 and inserting ‘‘members’’; 

17 (3) by designating the second sentence as para18 graph (2) and in that sentence—

19 (A) by inserting ‘‘under subsection (a)(3)’’ 

20 after ‘‘permitted’’; 

21 (B) by inserting ‘‘on a space-available 

22 basis’’ after ‘‘instruction at the Postgraduate 

23 School’’; and 
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1 (C) by striking ‘‘(taking into consideration 

2 the admission of enlisted members on a space3 available basis)’’; and 

4 (4) by adding at the end the following new para5 graph: 

6 ‘‘(3) The Secretary of Defense may prescribe exceptions 

7 to the requirements of paragraph (1) with regard to attend8 ance at the Postgraduate School pursuant to chapter 112 

9 of this title.’’.

10 SEC. 539. DEFENSE TASK FORCE ON SEXUAL HARASSMENT 

11 AND VIOLENCE AT THE MILITARY SERVICE 

12 ACADEMIES. 

13 (a) ESTABLISHMENT.—The Secretary of Defense shall 

14 establish a Department of Defense task force to examine 

15 matters relating to sexual harassment and violence at the 

16 United States Military Academy and the United States 

17 Naval Academy. 

18 (b) RECOMMENDATIONS.—Not later than 12 months 

19 after the date on which all members of the task force have 

20 been appointed, the task force shall submit to the Secretary 

21 of Defense a report recommending ways by which the De22 partment of Defense and the military services may more 

23 effectively address matters relating to sexual harassment 

24 and violence at the United States Military Academy and 

25 the United States Naval Academy. The report shall include 
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1 an assessment of, and recommendations (including changes 

2 in law) for measures to improve, the following with respect 

3 to sexual harassment and violence at those academies: 

4 (1) Victims’ safety programs. 

5 (2) Offender accountability. 

6 (3) Effective prevention of sexual harassment 

7 and violence. 

8 (4) Collaboration among military organizations 

9 with responsibility or jurisdiction with respect to sex10 ual harassment and violence. 

11 (5) Coordination between military and civilian 

12 communities, including local support organizations, 

13 with respect to sexual harassment and violence. 

14 (6) Coordination between military and civilian 

15 communities, including civilian law enforcement re16 lating to acts of sexual harassment and violence. 

17 (7) Data collection and case management and 

18 tracking. 

19 (8) Curricula and training, including standard 

20 training programs for cadets at the United States 

21 Military Academy and midshipmen at the United 

22 States Naval Academy and for permanent personnel 

23 assigned to those academies. 

24 (9) Responses to sexual harassment and violence 

25 at those academies, including standard guidelines. 
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1 (10) Other issues identified by the task force re2 lating to sexual harassment and violence at those 

3 academies. 

4 (c) METHODOLOGY.—The task force shall consider the 

5 findings and recommendations of previous reviews and in6 vestigations of sexual harassment and violence conducted for 

7 those academies as one of the bases for its assessment. 

8 (d) REPORT.—(1) The task force shall submit to the 

9 Secretary of Defense and the Secretaries of the Army and 

10 the Navy a report on the activities of the task force and 

11 on the activities of the United States Military Academy and 

12 the United States Naval Academy to respond to sexual har13 assment and violence at those academies. 

14 (2) The report shall include the following: 

15 (A) Any barriers to implementation of improve16 ments as a result of those efforts. 

17 (B) Other areas of concern not previously ad18 dressed in prior reports. 

19 (C) The findings and conclusions of the task 

20 force. 

21 (D) Any recommendations for changes to policy 

22 and law as the task force considers appropriate, in23 cluding whether cases of sexual assault at those acad24 emies should be included in the Department of De-
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1 fense database known as the Defense Incident-Based 

2 Reporting System. 

3 (3) Within 90 days of receipt of the report under para4 graph (1) the Secretary of Defense shall submit the report, 

5 together with the Secretary’s evaluation of the report, to the 

6 Committees on Armed Services of the Senate and House of 

7 Representatives. 

8 (e) REPORT ON AIR FORCE ACADEMY.—Simulta9 neously with the submission of the report under subsection 

10 (d)(3), the Secretary of Defense, in coordination with the 

11 Secretary of the Air Force, shall submit to the committees 

12 specified in that subsection the Secretary’s assessment of the 

13 effectiveness of corrective actions being taken at the United 

14 States Air Force Academy as a result of various investiga15 tions conducted at that Academy into matters involving sex16 ual assault and harassment. 

17 (f) COMPOSITION.—(1) The task force shall consist of 

18 not more than 14 members, to be appointed by the Secretary 

19 of Defense. Members shall be appointed from each of the 

20 Army, Navy, Air Force, and Marine Corps, and shall in21 clude an equal number of personnel of the Department of 

22 Defense (military and civilian) and persons from outside 

23 the Department of Defense. Members appointed from outside 

24 the Department of Defense may be appointed from other 
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1 Federal departments and agencies, from State and local 

2 agencies, or from the private sector. 

3 (2) The Secretary shall ensure that the membership of 

4 the task force appointed from the Department of Defense 

5 includes at least one judge advocate. 

6 (3) In appointing members to the task force, the Sec7 retary may—

8 (A) consult with the Attorney General regarding 

9 a representative from the Office of Violence Against 

10 Women of the Department of Justice; and 

11 (B) consult with the Secretary of Health and 

12 Human Services regarding a representative from the 

13 Women’s Health office of the Department of Health 

14 and Human Services. 

15 (4) Each member of the task force appointed from out16 side the Department of Defense shall be an individual who 

17 has demonstrated expertise in the area of sexual harassment 

18 and violence or shall be appointed from one of the following: 

19 (A) A representative from the Office of Civil 

20 Right in the Department of Education. 

21 (B) A representative from the Center for Disease 

22 Control. 

23 (C) A sexual assault policy and advocacy orga24 nization. 

25 (D) A civilian law enforcement agency. 
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1 (E) A judicial policy organization. 

2 (F) A national crime victim policy organization. 

3 (5) The members of the task force shall be appointed 

4 not later than 120 days after the date of the enactment of 

5 this Act. 

6 (g) CO-CHAIRS OF THE TASK FORCE.—There shall be 

7 two co-chairs of the task force. One of the co-chairs shall 

8 be designated by the Secretary of the Defense at the time 

9 of appointment from among the Department of Defense per10 sonnel on the task force. The other co-chair shall be selected 

11 from among the members appointed from outside the De12 partment of Defense by those members. 

13 (h) ADMINISTRATIVE SUPPORT.—(1) Each member of 

14 the task force who is a member of the Armed Forces or a 

15 civilian officer or employee of the United States shall serve 

16 without compensation (other than compensation to which 

17 entitled as a member of the Armed Forces or an officer or 

18 employee of the United States, as the case may be). Other 

19 members of the task force shall be appointed in accordance 

20 with, and subject to, section 3161 of title 5, United States 

21 Code. 

22 (2) The Deputy Under Secretary of Defense for Per23 sonnel and Readiness, under the direction of the Under Sec24 retary of Defense for Personnel and Readiness, shall provide 

25 oversight of the task force. The Washington Headquarters 
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1 Service of the Department of Defense shall provide the task 

2 force with personnel, facilities, and other administrative 

3 support as necessary for the performance of the task force’s 

4 duties. 

5 (3) The Deputy Under Secretary shall coordinate with 

6 the Secretary of the Army to provide visits of the task force 

7 to the United States Military Academy and with the Sec8 retary of the Navy to provide visits of the task force to the 

9 United States Naval Academy. 

10 (i) TERMINATION.—The task force shall terminate 90 

11 days after the date on which the report of the task force 

12 is submitted to the Committees on Armed Services of the 

13 Senate and House of Representatives pursuant to subsection 

14 (d)(3).

15 Subtitle E—Administrative Matters

16 SEC. 541. ENHANCEMENTS TO HIGH-TEMPO PERSONNEL 

17 PROGRAM. 

18 (a) REVISIONS TO DEPLOYMENT LIMITS AND AUTHOR19 ITY TO AUTHORIZE EXEMPTIONS.—Subsection (a) of sec20 tion 991 of title 10, United States Code, is amended to read 

21 as follows: 

22 ‘‘(a) SERVICE AND GENERAL OR FLAG OFFICER RE23 SPONSIBILITIES.—(1) Subject to paragraph (3), the deploy24 ment (or potential deployment) of members of the armed 

25 forces shall be managed to ensure that a member is not de-
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1 ployed, or continued in a deployment, on any day on which 

2 the total number of days on which the member has been 

3 deployed out of the preceding 730 days would exceed the 

4 high-deployment threshold. 

5 ‘‘(2) In this subsection, the term ‘high-deployment 

6 threshold’ means—

7 ‘‘(A) 400 days; or 

8 ‘‘(B) a lower number of days prescribed by the 

9 Secretary of Defense. 

10 ‘‘(3) A member may be deployed, or continued in a 

11 deployment, without regard to paragraph (1) if the deploy12 ment, or continued deployment, is approved by the Sec13 retary of Defense. The authority of the Secretary under the 

14 preceding sentence may only be delegated to—

15 ‘‘(A) a civilian officer of the Department of De16 fense appointed by the President, by and with the ad17 vise and consent of the Senate, or a member of the 

18 Senior Executive Service; or 

19 ‘‘(B) a general or flag officer in that member’s 

20 chain of command (including an officer in the grade 

21 of colonel, or in the case of the Navy, captain, serving 

22 an in a general or flag officer position who has been 

23 selected for promotion to the grade of brigadier gen24 eral or rear admiral (lower half)).’’. 
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1 (b) CHANGES FROM PER DIEM TO HIGH-DEPLOYMENT

2 ALLOWANCE.—(1) Subsection (a) of section 436 of title 37, 

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

4 ‘‘(a) MONTHLY ALLOWANCE.—The Secretary of the 

5 military department concerned shall pay a high-deploy6 ment allowance to a member of the armed forces under the 

7 Secretary’s jurisdiction for each month during which the 

8 member—

9 ‘‘(1) is deployed; and 

10 ‘‘(2) at any time during that month—

11 ‘‘(A) has been deployed for 191 or more con12 secutive days (or a lower number of consecutive 

13 days prescribed by the Secretary of Defense); 

14 ‘‘(B) has been deployed, out of the preceding 

15 730 days, for a total of 401 or more days (or a 

16 lower number of days prescribed by the Secretary 

17 of Defense); or 

18 ‘‘(C) in the case of a member of a reserve 

19 component, is on active duty under a call or 

20 order to active duty for a period of more than 

21 30 days that is the second (or later) such call or 

22 order to active duty (whether voluntary or invol23 untary) for that member in support of the same 

24 contingency operation.’’. 
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1 (2) Subsection (c) of such section is amended to read 

2 as follows: 

3 ‘‘(c) RATE.—The monthly rate of the allowance pay4 able to a member under this section shall be determined by 

5 the Secretary concerned, not to exceed $1,000 per month.’’. 

6 (3) Such section is further amended—

7 (A) in subsection (d), by striking ‘‘per diem’’; 

8 (B) in subsection (e), by striking ‘‘per diem’’ and 

9 inserting ‘‘allowance’’; 

10 (C) in subsection (f)—

11 (i) by striking ‘‘per diem’’ and inserting 

12 ‘‘allowance’’; and 

13 (ii) by striking ‘‘day on’’ and inserting 

14 ‘‘month during’’; and 

15 (D) by adding at the end the following new sub16 section: 

17 ‘‘(g) AUTHORITY TO EXCLUDE CERTAIN DUTY ASSIGN18 MENTS.—The Secretary concerned may exclude members 

19 serving in specified duty assignments from eligibility for 

20 the high-deployment allowance while serving in those as21 signments. Any such specification of duty assignments may 

22 only be made with the approval of the Secretary of Defense. 

23 Specification of a particular duty assignment for purposes 

24 of this subsection may not be implemented so as to apply 
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1 to the member serving in that position at the time of such 

2 specification.’’.

3 (4)(A) The heading of such section is amended to read 

4 as follows: 

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

6 lengthy or numerous deployments’’. 

7 (B) The item relating to that section in the table of 

8 sections at the beginning of chapter 7 of such title is amend9 ed to read as follows:

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

10 (c) CHANGES TO REPORTING REQUIREMENT.—Section 

11 487(b)(5) of title 10, United States Code, is amended to 

12 read as follows: 

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

14 indicate, for the period covered by the report—

15 ‘‘(A) the number of members who received the 

16 high-deployment allowance under section 436 of title 

17 37; 

18 ‘‘(B) the number of members who received each 

19 rate of allowance paid; 

20 ‘‘(C) the number of members who received the al21 lowance for one month, for two months, for three 

22 months, for four months, for five months, for six 

23 months, and for more than six months; and 

24 ‘‘(D) the total amount spent on the allowance.’’.
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1 SEC. 542. ENHANCED RETENTION OF ACCUMULATED LEAVE 

2 FOR HIGH-DEPLOYMENT MEMBERS. 

3 (a) ENHANCED AUTHORITY TO RETAIN ACCUMULATED

4 LEAVE.—Paragraph (1) of section 701(f) of title 10, United 

5 States Code, is amended to read as follows: 

6 ‘‘(f)(1)(A) The Secretary concerned, under uniform 

7 regulations to be prescribed by the Secretary of Defense, 

8 may authorize a member described in subparagraph (B) 

9 who, except for this paragraph, would lose any accumulated 

10 leave in excess of 60 days at the end of the fiscal year, to 

11 retain an accumulated total of 120 days leave. 

12 ‘‘(B) This subsection applies to a member who serves 

13 on active duty for a continuous period of at least 120 

14 days— 

15 ‘‘(i) in an area in which the member is entitled 

16 to special pay under section 310(a) of title 37; or 

17 ‘‘(ii) while assigned to a deployable ship or mo18 bile unit or to other duty comparable to that specified 

19 in clause (i) that is designated for the purpose of this 

20 subsection.

21 ‘‘(C) Except as provided in paragraph (2), Leave in 

22 excess of 60 days accumulated under this paragraph is lost 

23 unless it is used by the member before the end of the third 

24 fiscal year after the fiscal year in which the continuous pe25 riod of service referred to in subparagraph (B) termi26 nated.’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall take effect on October 1, 2003, or the date 

3 of the enactment of this Act, whichever is later.

4 SEC. 543. STANDARDIZATION OF TIME-IN-SERVICE RE5 QUIREMENTS FOR VOLUNTARY RETIREMENT 

6 OF MEMBERS OF THE NAVY AND MARINE 

7 CORPS WITH ARMY AND AIR FORCE REQUIRE8 MENTS. 

9 (a) OFFICERS IN REGULAR NAVY OR MARINE CORPS

10 WHO COMPLETED 40 YEARS OF ACTIVE SERVICE.—Section 

11 6321(a) of title 10, United States Code, is amended by strik12 ing ‘‘after completing 40 or more years’’ and inserting ‘‘and 

13 has at least 40 years’’. 

14 (b) OFFICERS IN REGULAR NAVY OR MARINE CORPS

15 WHO COMPLETED 30 YEARS OF ACTIVE SERVICE.—Section 

16 6322(a) of such title is amended by striking ‘‘after com17 pleting 30 or more years’’ and inserting ‘‘and has at least 

18 30 years’’. 

19 (c) OFFICERS IN NAVY OR MARINE CORPS WHO COM20 PLETED 20 YEARS OF ACTIVE SERVICE.—Section 

21 6323(a)(1) of such title is amended by striking ‘‘after com22 pleting more than 20 years’’ and inserting ‘‘and has at least 

23 20 years’’. 

24 (d) ENLISTED MEMBERS IN REGULAR NAVY OR MA25 RINE CORPS WHO COMPLETED 30 YEARS OF ACTIVE SERV-
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1 ICE.—Section 6326(a) of such title is amended by striking 

2 ‘‘after completing 30 or more years’’ and inserting ‘‘and 

3 has at least 30 years’’. 

4 (e) TRANSFER OF ENLISTED MEMBERS TO THE FLEET

5 RESERVE AND FLEET MARINE CORPS RESERVE.—Section 

6 6330(b) of such title is amended by striking ‘‘who has com7 pleted 20 or more years’’ both places it appears and insert8 ing ‘‘who has at least 20 years’’. 

9 (f) TRANSFER OF MEMBERS OF THE FLEET RESERVE

10 AND FLEET MARINE CORPS RESERVE TO THE RETIRED

11 LIST.—Section 6331(a) of such title is amended by striking 

12 ‘‘completed 30 years’’ and inserting ‘‘has at least 30 years’’. 

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

14 shall prescribe the date on which the amendments made by 

15 this section shall take effect. The Secretary shall publish 

16 such date, when prescribed, in the Federal Register. 

17 SEC. 544. STANDARDIZATION OF STATUTORY AUTHORITIES 

18 FOR EXEMPTIONS FROM REQUIREMENT FOR 

19 ACCESS TO SECONDARY SCHOOLS BY MILI20 TARY RECRUITERS. 

21 (a) CONSISTENCY WITH ELEMENTARY AND SEC22 ONDARY EDUCATION ACT OF 1965.—Paragraph (5) of sec23 tion 503(c) of title 10, United States Code, is amended by 

24 striking ‘‘apply to—’’ and all that follows through ‘‘school 
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1 which’’ and inserting ‘‘apply to a private secondary school 

2 that’’. 

3 (b) CORRECTION OF CROSS REFERENCE.—Paragraph 

4 (6)(A)(i) of such section is amended by striking ‘‘14101’’ 

5 and ‘‘8801’’ and inserting ‘‘9101’’ and ‘‘7801’’, respectively.

6 SEC. 545. PROCEDURES FOR CONSIDERATION OF APPLICA7 TIONS FOR AWARD OF THE PURPLE HEART 

8 MEDAL TO VETERANS HELD AS PRISONERS 

9 OF WAR BEFORE APRIL 25, 1962. 

10 Subsection (b) of section 521 of the National Defense 

11 Authorization Act for Fiscal Year 1996 (Public Law 104–

12 106; 110 Stat. 309; 10 U.S.C. 1129 note) is amended to 

13 read as follows: 

14 ‘‘(b) STANDARDS AND PROCEDURES FOR AWARD.—In 

15 determining whether a former prisoner of war is eligible 

16 for the award of the Purple Heart under subsection (a), the 

17 Secretary concerned shall apply the following procedures: 

18 ‘‘(1) The standard to be used by the Secretary 

19 concerned for awarding the Purple Heart under this 

20 section shall be to award the Purple Heart in any 

21 case in which a prisoner of war (A) was wounded 

22 while in captivity, or (B) while in captivity was sub23 jected to systematic and prolonged deprivation of 

24 food, medical treatment, and other forms of depriva-
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1 tion or mistreatment likely to have prolonged 

2 aftereffects on the individual concerned. 

3 ‘‘(2) When a former prisoner of war applies for 

4 the Purple Heart under subsection (a), the Secretary 

5 concerned may request the former prisoner of war to 

6 provide any documentation that the Secretary would 

7 otherwise require, but failure of the former prisoner of 

8 war to provide such documentation shall not by itself 

9 be a disqualification for award of the Purple Heart. 

10 ‘‘(3) The Secretary concerned shall inform the 

11 former prisoner of war that historical information as 

12 to the prison camp or other circumstances in which 

13 the former prisoner of war was held captive and other 

14 information as to the circumstances of the former 

15 prisoner of war’s captivity may be considered by the 

16 Secretary in evaluating the application for the award 

17 of the Purple Heart and that the former prisoner of 

18 war may submit such information. 

19 ‘‘(4) The Secretary concerned shall provide as20 sistance to the applicant for the Purple Heart in ob21 taining information referred to in paragraph (3). 

22 ‘‘(5) The Secretary shall review a completed ap23 plication under this section based upon the totality of 

24 the evidence presented and shall take into account the 

25 length of time between the period during which the 
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1 applicant was held as a prisoner of war and the date 

2 of the application. 

3 ‘‘(6) In considering an application under this 

4 section, the Secretary shall take into account the 

5 length of time that the applicant was held in cap6 tivity, which while not in itself establishing entitle7 ment of the applicant to award of the Purple Heart, 

8 can and should be a factor in determining whether a 

9 former prisoner of war was likely to have been 

10 wounded, starved, or denied medical treatment to the 

11 extent likely to have prolonged aftereffects on the indi12 vidual concerned.’’.

13 SEC. 546. AUTHORITY FOR RESERVE AND RETIRED REG14 ULAR OFFICERS TO HOLD STATE AND LOCAL 

15 ELECTIVE OFFICE NOTWITHSTANDING CALL 

16 TO ACTIVE DUTY. 

17 Section 973(b)(3) of title 10, United States Code, is 

18 amended—

19 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(B) The prohibition in subparagraph (A) does not 

22 apply to the functions of a civil office held by election, in 

23 the case of an officer to whom this subsection applies by 

24 reason of subparagraph (B) or (C) of paragraph (1).’’.
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1 SEC. 547. CLARIFICATION OF OFFENSE UNDER THE UNI2 FORM CODE OF MILITARY JUSTICE RELATING 

3 TO DRUNKEN OR RECKLESS OPERATION OF A 

4 VEHICLE, AIRCRAFT, OR VESSEL. 

5 Section 551 of title 10, United States Code (article 111 

6 of the Uniform Code of Military Justice), is amended—

7 (1) in subsection (a)(2) by striking ‘‘in excess of’’ 

8 and inserting ‘‘at, or in excess of,’’; and 

9 (2) in subsection (b)(4), by striking ‘‘maximum 

10 permissible’’ and all that follows through the period 

11 at the end and inserting ‘‘amount of alcohol con12 centration in a person’s blood or breath at which op13 eration or control of a vehicle, aircraft, or vessel is 

14 prohibited.’’.

15 SEC. 548. PUBLIC IDENTIFICATION OF CASUALTIES NO 

16 SOONER THAN 24 HOURS AFTER NOTIFICA17 TION OF NEXT-OF-KIN. 

18 The Secretary of Defense may not publicly release the 

19 name or other personally identifying information of any 

20 member of the Army, Navy, Air Force, or Marine Corps 

21 who while on active duty or performing inactive duty train22 ing is killed or injured, whose duty status becomes un23 known, or who is otherwise considered to be a casualty until 

24 a period of 24 hours has elapsed after the notification of 

25 the next-of-kin of such member.
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1 Subtitle F—Benefits 

2 SEC. 551. ADDITIONAL CLASSES OF INDIVIDUALS ELIGIBLE 

3 TO PARTICIPATE IN THE FEDERAL LONG4 TERM CARE INSURANCE PROGRAM. 

5 (a) CERTAIN EMPLOYEES OF THE DISTRICT OF CO6 LUMBIA GOVERNMENT.—Section 9001(1) of title 5, United 

7 States Code, is amended by striking ‘‘2105(c),’’ and all that 

8 follows and inserting ‘‘2105(c).’’. 

9 (b) FORMER FEDERAL EMPLOYEES WHO WOULD BE

10 ELIGIBLE TO BEGIN RECEIVING AN ANNUITY UPON AT11 TAINING THE REQUISITE MINIMUM AGE.—Section 9001(2) 

12 of title 5, United States Code, is amended—

13 (1) in subparagraph (A), by striking ‘‘and’’ at 

14 the end; 

15 (2) in subparagraph (B), by striking the period 

16 and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(C) any former employee who, on the basis 

19 of his or her service, would meet all requirements 

20 for being considered an ‘annuitant’ within the 

21 meaning of subchapter III of chapter 83, chapter 

22 84, or any other retirement system for employees 

23 of the Government, but for the fact that such 

24 former employee has not attained the minimum 

25 age for title to annuity.’’. 
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1 (c) RESERVISTS TRANSFERRED TO THE RETIRED RE2 SERVE WHO ARE UNDER AGE 60.—Section 9001(4) of title 

3 5, United States Code, is amended by striking ‘‘including’’ 

4 and all that follows through ‘‘who has’’ and inserting ‘‘and 

5 a member who has been transferred to the Retired Reserve 

6 and who would be entitled to retired pay under chapter 

7 1223 of title 10 but for not having’’.

8 SEC. 552. AUTHORITY TO TRANSPORT REMAINS OF RETIR9 EES AND RETIREE DEPENDENTS WHO DIE IN 

10 MILITARY TREATMENT FACILITIES OUTSIDE 

11 THE UNITED STATES. 

12 (a) AUTHORIZED TRANSPORTATION.—Section 1490 of 

13 title 10, United States Code, is amended—

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

15 United States’’; and 

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

17 United States or to a place’’. 

18 (b) CONFORMING AMENDMENT.—Subsection (c) of such 

19 section is amended to read as follows: 

20 ‘‘(c) DEFINITION OF DEPENDENT.—In this section, the 

21 term ‘dependent’ has the meaning given such term in sec22 tion 1072(2) of this title.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by this 

24 section shall apply only with respect to persons dying on 

25 or after the date of the enactment of this Act.
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1 SEC. 553. ELIGIBILITY FOR DEPENDENTS OF CERTAIN MO2 BILIZED RESERVISTS STATIONED OVERSEAS 

3 TO ATTEND DEFENSE DEPENDENTS SCHOOLS 

4 OVERSEAS. 

5 (a) TUITION-FREE STATUS PARITY WITH DEPEND6 ENTS OF OTHER RESERVISTS.—Section 1404(c) of the De7 fense Dependents’ Education Act of 1978 (20 U.S.C. 923(c)) 

8 is amended—

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

10 (2) by adding at the end the following new para11 graph: 

12 ‘‘(2)(A) The Secretary shall include in the regulations 

13 prescribed under this subsection a requirement that children 

14 in the class of children described in subparagraph (B) shall 

15 be subject to the same tuition requirements, or waiver of 

16 tuition requirements, as children in the class of children 

17 described in subparagraph (C). 

18 ‘‘(B) The class of children described in this subpara19 graph are children of members of reserve components of the 

20 Armed Forces who—

21 ‘‘(i) are on active duty under an order to active 

22 duty under section 12301 or 12302 of title 10, United 

23 States Code; 

24 ‘‘(ii) were ordered to active duty from a location 

25 in the United States (other than in Alaska or Ha26 waii); and 
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1 ‘‘(iii) are serving on active duty outside the 

2 United States or in Alaska or Hawaii in a tour of 

3 duty that (voluntarily or involuntarily) has been ex4 tended to a period in excess of one year. 

5 ‘‘(C) The class of children described in this subpara6 graph are children of members of reserve components of the 

7 Armed Forces who—

8 ‘‘(i) are on active duty under an order to active 

9 duty under section 12301 or 12302 of title 10, United 

10 States Code; 

11 ‘‘(ii) were ordered to active duty from a location 

12 outside the United States (or in Alaska or Hawaii); 

13 and 

14 ‘‘(iii) are serving on active duty outside the 

15 United States or in Alaska or Hawaii.’’. 

16 (b) CLERICAL AMENDMENT.—The heading of such sec17 tion is amended to read as follows: 

18 ‘‘SPACE-AVAILABLE ENROLLMENT OF STUDENTS; TUITION’’. 

19 (c) IMPLEMENTATION OF REQUIRED NEW REGULA20 TIONS.—Regulations required by paragraph (2) of section 

21 1404(c) of the Defense Dependents’ Education Act of 1978 

22 (20 U.S.C. 923(c)), as added by subsection (a), shall be pre23 scribed as soon as practicable after the date of the enactment 

24 of this Act in order to provide the earliest opportunity for 

25 dependents covered by that paragraph to enroll in Depart26 ment of Defense dependents’ schools, and in no event later 
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1 than the beginning of the first school term beginning after 

2 the date of the enactment of this Act.

3 Subtitle G—Other Matters

4 SEC. 561. EXTENSION OF REQUIREMENT FOR EXEMPLARY 

5 CONDUCT BY COMMANDING OFFICERS AND 

6 OTHERS IN AUTHORITY TO INCLUDE CIVIL7 IANS IN AUTHORITY IN THE DEPARTMENT OF 

8 DEFENSE. 

9 (a) IN GENERAL.—(1) Chapter 50 of title 10, United 

10 States Code, is amended by adding at the end the following 

11 new section: 

12 ‘‘§ 992. Requirement of exemplary conduct: com13 manding officers and others in authority 

14 ‘‘All commanding officers and others in authority in 

15 the Department of Defense are required—

16 ‘‘(1) to show in themselves a good example of vir17 tue, honor, patriotism, and subordination; 

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

19 all persons who are placed under their command or 

20 charge; 

21 ‘‘(3) to guard against and to suppress all disso22 lute and immoral practices and to correct, according 

23 to applicable laws and regulations, all persons who 

24 are guilty of them; and 
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1 ‘‘(4) to take all necessary and proper measures, 

2 under the laws, regulations, and customs applicable to 

3 the armed forces, to promote and safeguard the mo4 rale, the physical well-being, and the general welfare 

5 of all under their command or charge.’’. 

6 (2) The table of sections at the beginning of such chap7 ter is amended by adding at the end the following new item:

‘‘992. Requirement of exemplary conduct: commanding officers and others in authority.’’.

8 (b) CONFORMING REPEALS.—Title 10, United States 

9 Code, is further amended as follows: 

10 (1) Section 3583, 5947, and 8583 are repealed. 

11 (2)(A) The table of sections at the beginning of 

12 chapter 345 is amended by striking the item relating 

13 to section 3583. 

14 (B) The table of sections at the beginning of 

15 chapter 551 is amended by striking the item relating 

16 to section 5947. 

17 (C) The table of sections at the beginning of 

18 chapter 845 is amended by striking the item relating 

19 to section 8583.

20 SEC. 562. RECOGNITION OF MILITARY FAMILIES. 

21 (a) FINDINGS.—Congress makes the following findings: 

22 (1) The families of both active and reserve com23 ponent military personnel, through their sacrifices 

24 and their dedication to the Nation and its values, 
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1 contribute immeasurably to the readiness of the Na2 tion’s Armed Forces. 

3 (2) Without the continued support of military 

4 families, the Nation’s ability to sustain a high quality 

5 all-volunteer military force would be undermined. 

6 (3) In these perilous and challenging times, with 

7 hundreds of thousands of active and reserve military 

8 personnel deployed overseas in places of combat and 

9 imminent danger, military families are making ex10 traordinary sacrifices and will be required to do so 

11 for the foreseeable future. 

12 (4) Beginning in 1997, military family service 

13 and support centers have received materials from pri14 vate, non-profit organizational sources which are de15 signed to encourage and assist those centers in con16 ducting activities to celebrate the American military 

17 family during the Thanksgiving period each Novem18 ber. 

19 (b) MILITARY FAMILY RECOGNITION.— In view of the 

20 findings in subsection (a), Congress determines that it is 

21 appropriate that special measures be taken annually to rec22 ognize and honor the American military family. 

23 (c) DEPARTMENT OF DEFENSE PROGRAMS AND AC24 TIVITIES.—The Secretary of Defense shall—
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1 (1) implement and sustain programs, including 

2 appropriate ceremonies and activities, to celebrate the 

3 contributions and sacrifices of the American military 

4 family, including both families of both active and re5 serve component military personnel; 

6 (2) focus the celebration of the American mili7 tary family during a specific period of each year to 

8 give full and proper highlight to those families; and 

9 (3) seek the assistance and support of appro10 priate civilian organizations, associations, and other 

11 entities in carrying out not only the annual celebra12 tion of the American military family, but also in sus13 taining longer-term efforts.

14 SEC. 563. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 

15 THAT BENEFIT DEPENDENTS OF MEMBERS 

16 OF THE ARMED FORCES AND DEPARTMENT 

17 OF DEFENSE CIVILIAN EMPLOYEES. 

18 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

19 PROGRAM FOR FISCAL YEAR 2004.—Of the amount author20 ized to be appropriated pursuant to section 301(5) for oper21 ation and maintenance for Defense-wide activities, 

22 $35,000,000 shall be available only for the purpose of pro23 viding educational agencies assistance to local educational 

24 agencies. 
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1 (b) NOTIFICATION.—Not later than June 30, 2004, the 

2 Secretary of Defense shall notify each local educational 

3 agency that is eligible for educational agencies assistance 

4 for fiscal year 2004 of—

5 (1) that agency’s eligibility for the assistance; 

6 and 

7 (2) the amount of the assistance for which that 

8 agency is eligible. 

9 (c) DISBURSEMENT OF FUNDS.—The Secretary of De10 fense shall disburse funds made available under subsection 

11 (a) not later than 30 days after the date on which notifica12 tion to the eligible local educational agencies is provided 

13 pursuant to subsection (b). 

14 (d) DEFINITIONS.—In this section: 

15 (1) The term ‘‘educational agencies assistance’’ 

16 means assistance authorized under section 386(b) of 

17 the National Defense Authorization Act for Fiscal 

18 Year 1993 (Public Law 102–484; 20 U.S.C. 7703 

19 note). 

20 (2) The term ‘‘local educational agency’’ has the 

21 meaning given that term in section 8013(9) of the El22 ementary and Secondary Education Act of 1965 (20 

23 U.S.C. 7713(9)).
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1 SEC. 564. PERMANENT AUTHORITY FOR SUPPORT FOR CER2 TAIN CHAPLAIN-LED MILITARY FAMILY SUP3 PORT PROGRAMS. 

4 (a) IN GENERAL.—(1) Chapter 88 of title 10, United 

5 States Code, is amended by inserting at the end of sub6 chapter I the following new section:

7 ‘‘§ 1789. Chaplain-led programs: authorized support 

8 ‘‘(a) AUTHORITY.—The Secretary of a military de9 partment may provide support services described in sub10 section (b) to support chaplain-led programs to assist mem11 bers of the armed forces on active duty and their immediate 

12 family members, and members of reserve components in an 

13 active status and their immediate family members, in 

14 building and maintaining a strong family structure. 

15 ‘‘(b) AUTHORIZED SUPPORT SERVICES.—The support 

16 services referred to in subsection (a) are costs of transpor17 tation, food, lodging, child care, supplies, fees, and training 

18 materials for members of the armed forces and their family 

19 members while participating in programs referred to in 

20 that subsection, including participation at retreats and 

21 conferences. 

22 ‘‘(c) IMMEDIATE FAMILY MEMBERS.—In this section, 

23 the term ‘immediate family members’, with respect to a 

24 member of the armed forces, means—

25 ‘‘(1) the member’s spouse; and 
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1 ‘‘(2) any child (as defined in section 1072(6) of 

2 this title) of the member who is described in subpara3 graph (D) of section 1072(2) of this title.’’.

4 (2) The table of sections at the beginning of such chap5 ter is amended by inserting after the item relating to section 

6 1788 the following new item:

‘‘1789. Chaplain-led programs: authorized support.’’.

7 (b) EFFECTIVE DATE.—Section 1789 of title 10, 

8 United States Code, as added by subsection (a), shall take 

9 effect on October 1, 2003.

10 SEC. 565. DEPARTMENT OF DEFENSE-DEPARTMENT OF VET11 ERANS AFFAIRS JOINT EXECUTIVE COM12 MITTEE. 

13 (a) ESTABLISHMENT OF JOINT COMMITTEE.—(1) 

14 Chapter 3 of title 38, United States Code, is amended by 

15 adding at the end the following new section:

16 ‘‘§ 320. Department of Veterans Affairs-Department of 

17 Defense Joint Executive Committee 

18 ‘‘(a) JOINT EXECUTIVE COMMITTEE.—(1) There is es19 tablished an interagency committee to be known as the De20 partment of Veterans Affairs-Department of Defense Joint 

21 Executive Committee (hereinafter in this section referred to 

22 as the ‘Committee’). 

23 ‘‘(2) The Committee is composed of—

24 ‘‘(A) the Deputy Secretary of Veterans Affairs 

25 and such other officers and employees of the Depart-
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1 ment of Veterans Affairs as the Secretary of Veterans 

2 Affairs may designate; and 

3 ‘‘(B) the Under Secretary of Defense for Per4 sonnel and Readiness and such other officers and em5 ployees of the Department of Defense as the Secretary 

6 of Defense may designate. 

7 ‘‘(b) ADMINISTRATIVE MATTERS.—(1) The Deputy 

8 Secretary of Veterans Affairs and the Under Secretary of 

9 Defense shall determine the size and structure of the Com10 mittee, as well as the administrative and procedural guide11 lines for the operation of the Committee. 

12 ‘‘(2) The two Departments shall supply appropriate 

13 staff and resources to provide administrative support and 

14 services. Support for such purposes shall be provided at a 

15 level sufficient for the efficient operation of the Committee, 

16 including a subordinate Health Executive Committee, a 

17 subordinate Benefits Executive Committee, and such other 

18 committees or working groups as considered necessary by 

19 the Deputy Secretary and Under Secretary. 

20 ‘‘(c) RECOMMENDATIONS.—(1) The Committee shall 

21 recommend to the Secretaries strategic direction for the 

22 joint coordination and sharing efforts between and within 

23 the two Departments under section 8111 of this title and 

24 shall oversee implementation of those efforts. 
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1 ‘‘(2) The Committee shall submit to the two Secretaries 

2 and to Congress an annual report containing such rec3 ommendations as the Committee considers appropriate. 

4 ‘‘(d) FUNCTIONS.—In order to enable the Committee 

5 to make recommendations in its annual report under sub6 section (c)(2), the Committee shall do the following: 

7 ‘‘(1) Review existing policies, procedures, and 

8 practices relating to the coordination and sharing of 

9 resources between the two Departments. 

10 ‘‘(2) Identify changes in policies, procedures, and 

11 practices that, in the judgment of the Committee, 

12 would promote mutually beneficial coordination, use, 

13 or exchange of use of services and resources of the two 

14 Departments, with the goal of improving the quality, 

15 efficiency and effectiveness of the delivery of benefits 

16 and services to veterans, service members, military re17 tirees and their families through an enhanced Depart18 ment of Veterans Affairs and Department of Defense 

19 partnership. 

20 ‘‘(3) Identify and assess further opportunities for 

21 the coordination and collaboration between the De22 partments that, in the judgment of the Committee, 

23 would not adversely affect the range of services, the 

24 quality of care, or the established priorities for bene25 fits provided by either Department. 
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1 ‘‘(4) Review the plans of both Departments for 

2 the acquisition of additional resources, especially new 

3 facilities and major equipment and technology, in 

4 order to assess the potential effect of such plans on 

5 further opportunities for the coordination and sharing 

6 of resources. 

7 ‘‘(5) Review the implementation of activities de8 signed to promote the coordination and sharing of re9 sources between the Departments.’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by adding at the end the following new item:

‘‘320. Department of Veterans Affairs-Department of Defense Joint Executive 

Committee.’’.

12 (b) CONFORMING AMENDMENTS.—(1) Subsection (c) of 

13 section 8111 of such title is repealed. 

14 (2) Such section is further amended—

15 (A) in subsection (b)(2), by striking ‘‘subsection 

16 (c)’’ and inserting ‘‘section 320 of this title’’; 

17 (B) in subsection (d)(1), by striking ‘‘Committee 

18 established in subsection (c)’’ and inserting ‘‘Depart19 ment of Veterans Affairs-Department of Defense Joint 

20 Executive Committee’’; 

21 (C) in subsection (e)(1), by striking ‘‘Committee 

22 under subsection (c)(2)’’ and inserting ‘‘Department 

23 of Veterans Affairs-Department of Defense Joint Exec-
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1 utive Committee with respect to health care re2 sources’’; and 

3 (D) in subsection (f)(2), by striking subpara4 graphs (B) and (C) and inserting the following: 

5 ‘‘(B) The assessment of further opportunities 

6 identified by the Department of Veterans Affairs-De7 partment of Defense Joint Executive Committee under 

8 subsection (d)(3) of section 320 of this title for the 

9 sharing of health-care resources between the two De10 partments. 

11 ‘‘(C) Any recommendation made by that com12 mittee under subsection (c)(2) of that section during 

13 that fiscal year.’’. 

14 (c) TECHNICAL AMENDMENTS.—Subsection (f) of such 

15 section is further amended by inserting ‘‘(Public Law 107–

16 314)’’ in paragraphs (3), (4)(A), (4)(B), and (5) after ‘‘for 

17 Fiscal Year 2003’’.

18 (d) EFFECTIVE DATE.—(1) If this Act is enacted before 

19 October 1, 2003—

20 (A) section 320 of title 38, United States Code, 

21 as added by subsection (a), shall take effect on October 

22 1, 2003; and 

23 (B) the amendments made by subsections (b) and 

24 (c) shall take effect on October 1, 2003, immediately 

25 after the amendment made by section 721(a)(1) of the 
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1 Bob Stump National Defense Authorization Act for 

2 Fiscal Year 2003 (Public Law 107–314; 116 2589). 

3 (2) If this Act is enacted on or after October 1, 2003, 

4 the amendments made by this section shall take effect on 

5 the date of the enactment of this Act.

6 SEC. 566. LIMITATION ON AVIATION FORCE STRUCTURE 

7 CHANGES IN THE DEPARTMENT OF THE 

8 NAVY. 

9 (a) LIMITATION.—The Secretary of the Navy shall en10 sure that no reductions are made in the active and reserve 

11 force structure of the Navy and Marine Corps for fixed- and 

12 rotary-wing aircraft until 90 days have elapsed after the 

13 date as of which both of the reports required by subsections 

14 (b) and (c) have been received by the committees named in 

15 those subsections. 

16 (b) NAVAL AVIATION FORCE STRUCTURE PLAN.—The 

17 Secretary of the Navy shall submit to the Committee on 

18 Armed Services of the Senate and the Committee on Armed 

19 Services of the House of Representatives a detailed report 

20 on the changes to the active and reserve aviation force struc21 ture in the Department of the Navy that are proposed for 

22 fiscal years 2004 through 2009. The report shall include the 

23 following: 

24 (1) The numbers of aircraft and helicopter force 

25 structure planned for retirement. 
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1 (2) The amounts of planned budget authority to 

2 be saved, shown by year and by appropriation, com3 pared to the May 1, 2003, force structure. 

4 (3) An assessment by the Chief of Naval Oper5 ations comparing the future force structure plan with 

6 capabilities of the Department of the Navy’s aviation 

7 force structure on May 1, 2003. 

8 (4) A risk assessment of the planned force struc9 ture to carry out the National Security Strategy of 

10 the United States, dated September 2002. 

11 (5) A risk assessment of the planned force based 

12 on the assumptions applied in the September 30, 

13 2001, Quadrennial Defense Review Report. 

14 (c) ACTIVE AND RESERVE COMPONENT INTEGRATION

15 PLAN.—The Secretary of the Navy shall submit to the Com16 mittee on Armed Services of the Senate and the Committee 

17 on Armed Services of the House of Representatives a concept 

18 of operations for increasing the integration and use of 

19 Naval Reserve surface, aviation, and other units and per20 sonnel with active component forces in carrying out oper21 ational missions across the peacetime and wartime spec22 trum of naval operations during the period of 2004 through 

23 2009.
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1 SEC. 567. IMPACT AID ELIGIBILITY FOR HEAVILY IMPACTED 

2 LOCAL EDUCATIONAL AGENCIES AFFECTED 

3 BY PRIVITIZATION OF MILITARY HOUSING. 

4 Section 8003(b)(2)(H) of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(H)) 

6 is amended by striking clauses (i) and (ii) and inserting 

7 the following: 

8 ‘‘(i) ELIGIBILITY.—For any fiscal year 

9 beginning with fiscal 2003, a heavily im10 pacted local educational agency that re11 ceived a basic support payment under para12 graph (b)(2) for the prior fiscal year, but is 

13 ineligible for such payment for the current 

14 fiscal year under subparagraph (B), (C), 

15 (D), or (E), as the case may be, by reason 

16 of the conversion of military housing units 

17 to private housing described in clause (iii), 

18 shall be deemed to meet the eligibility re19 quirements under subparagraph (B) or (C), 

20 as the case may be for the period during 

21 which the housing units are undergoing 

22 such conversion. 

23 ‘‘(ii) AMOUNT OF PAYMENT.—The 

24 amount of a payment to a heavily impacted 

25 local educational agency for a fiscal year by 

26 reason of the application of clause (i), and 
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1 calculated in accordance with subparagraph 

2 (D) or (E), as the case may be, shall be 

3 based on the number of children in average 

4 daily attendance in the schools of such 

5 agency for the fiscal year and under the 

6 same provisions of subparagraph (D) or (E) 

7 under which the agency was paid during 

8 the prior fiscal year.’’.

9 SEC. 568. INVESTIGATION INTO THE 1991 DEATH OF MARINE 

10 CORPS COLONEL JAMES E. SABOW. 

11 (a) INVESTIGATION REQUIRED.—Not later than 60 

12 days after the date of the enactment of this Act, the Sec13 retary of Defense shall commence a new investigation into 

14 the death of Colonel James S. Sabow, United States Marine 

15 Corps, who died on January 22, 1991, at the Marine Corps 

16 Air Station, El Toro, California. 

17 (b) FOCUS OF INVESTIGATION.—The principal focus of 

18 the investigation under subsection (a) shall be to determine 

19 the cause of Colonel Sabow’s death, given the medical and 

20 forensic factors associated with that death. 

21 (c) REVIEW BY OUTSIDE EXPERTS.—The Secretary of 

22 Defense shall provide that the evidence concerning the cause 

23 of Colonel Sabow’s death and the medical and forensic fac24 tors associated with his death shall be reviewed by medical 

25 and forensic experts outside the Department of Defense. 
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1 (d) REPORT.—Not later than six months after the date 

2 of the enactment of this Act, the Secretary of Defense shall 

3 submit to the Committee on Armed Services of the Senate 

4 and the Committee on Armed Services of the House of Rep5 resentatives a written report on the findings of the inves6 tigation under subsection (a). The Secretary shall include 

7 in the report (1) the Secretary’s conclusions as a result of 

8 the investigation, including the Secretary’s conclusions re9 garding the cause of death of Colonel Sabow, and (2) the 

10 conclusions of the experts reviewing the matter under sub11 section (c).

12 Subtitle H—Domestic Violence

13 SEC. 571. TRAVEL AND TRANSPORTATION FOR DEPEND14 ENTS RELOCATING FOR REASONS OF PER15 SONAL SAFETY. 

16 Section 406(h) of title 37, United States Code, is 

17 amended by adding at the end the following new paragraph: 

18 ‘‘(4)(A) The Secretary concerned shall provide to the 

19 dependents of a member the travel and transportation al20 lowances described in paragraphs (1) and (3) in a case in 

21 which—

22 ‘‘(i) a commander has substantiated that the 

23 member has committed dependent abuse, as defined in 

24 section 1059(c) of title 10; 
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1 ‘‘(ii) a safety plan and counseling have been pro2 vided; 

3 ‘‘(iii) there has been a determination that the 

4 victim’s safety is at stake and that relocation is the 

5 best course of action; and 

6 ‘‘(iv) the abused dependent, or parent of the 

7 abused dependent if the abused dependent is a child, 

8 requests relocation, 

9 ‘‘(B) In the case of allowances paid under subpara10 graph (A), any monetary allowances shall accrue to the de11 pendents in lieu of the member and may be paid to the 

12 dependents. 

13 ‘‘(C) Shipment of the dependent’s baggage and house14 hold effects, and of any motor vehicle, may not be provided 

15 until there is a property division established by written 

16 agreement with the member or by order of a court of com17 petent jurisdiction .’’.

18 SEC. 572. COMMENCEMENT AND DURATION OF PAYMENT 

19 OF TRANSITIONAL COMPENSATION. 

20 (a) COMMENCEMENT.—Paragraph (1)(A) of section 

21 1059(e) of title 10, United States Code, is amended by strik22 ing ‘‘shall commence’’ and all that follows and inserting 

23 ‘‘shall commence—

24 ‘‘(i) as of the date the court martial sen25 tence is adjudged if the sentence, as adjudged, in-
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1 cludes a dismissal, dishonorable discharge, bad 

2 conduct discharge, or forfeiture of all pay and 

3 allowances; or 

4 ‘‘(ii) if there is a pretrial agreement that 

5 includes disapproval or suspension of the dis6 missal, dishonorable discharge, bad conduct dis7 charge, or forfeiture of all pay and allowances, 

8 as of the date of the approval of the court-mar9 tial sentence by the person acting under section 

10 860(c) of this title (article 60(c) of the Uniform 

11 Code of Military Justice) if the sentence, as ap12 proved, includes an unsuspended dismissal, dis13 honorable discharge, bad conduct discharge, or 

14 forfeiture of all pay and allowances;’’. 

15 (b) DURATION.—Paragraph (2) of such section is 

16 amended by striking ‘‘, except that’’ and all that follows 

17 through ‘‘12 months’’. 

18 (c) TERMINATION.—Paragraph (3)(A) of such section 

19 is amended by striking ‘‘punishment applicable to the mem20 ber under the sentence is remitted, set aside, or mitigated’’ 

21 and inserting ‘‘conviction is disapproved by the person act22 ing under section 860(c) of this title (article 60(c) of the 

23 Uniform Code of Military Justice) or set aside, or each such 

24 punishment applicable to the member under the sentence 
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1 is disapproved by the person acting under section 860(c) 

2 of this title, remitted, set aside, suspended, or mitigated’’.

3 SEC. 573. FLEXIBILITY IN ELIGIBILITY FOR TRANSITIONAL 

4 COMPENSATION. 

5 (a) AUTHORITY.—Section 1059 of title 10, United 

6 States Code, is amended by adding at the end the following 

7 new subsection: 

8 ‘‘(m) ADDITIONAL ELIGIBILITY.—The Secretary con9 cerned, under regulations prescribed under subsection (k), 

10 may authorize eligibility for benefits under this section to 

11 dependents of a member or former member of the armed 

12 forces not covered by subsection (b) if the Secretary con13 cerned determines that there are extenuating circumstances 

14 such that granting benefits under this section is consistent 

15 with the intent of this section.’’. 

16 (b) EFFECTIVE DATE.—The authority under sub17 section (m) of section 1059 of title 10, United States Code, 

18 as added by subsection (a), may only be exercised with re19 spect to eligibility for benefits under such section by reason 

20 of conduct on or after the date of the enactment of this Act.

21 SEC. 574. TYPES OF ADMINISTRATIVE SEPARATIONS TRIG22 GERING COVERAGE. 

23 Section 1059(b)(2) of title 10, United States Code, is 

24 amended by inserting ‘‘, voluntarily or involuntarily,’’ after 

25 ‘‘administratively separated’’.
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1 SEC. 575. ON-GOING REVIEW GROUP. 

2 Not later than two years after the date of the enact3 ment of this Act, the Secretary of Defense shall convene a 

4 working group of not less than 12 members, composed in 

5 the same manner as the Defense Task Force on Domestic 

6 Violence established pursuant to section 591 of the National 

7 Defense Authorization Act for Fiscal Year 2000 (Public 

8 Law 106–65). The purpose of the working group shall be 

9 to review and assess the progress of the Department of De10 fense in implementation of the recommendations of the De11 fense Task Force on Domestic Violence. In reviewing the 

12 status of the Department’s efforts, the group should specifi13 cally focus on the Department’s efforts to ensure confiden14 tiality for victims and accountability and education of com15 manding officers and chaplains.

16 SEC. 576. RESOURCES FOR DEPARTMENT OF DEFENSE IM17 PLEMENTATION ORGANIZATION. 

18 The Secretary of Defense shall ensure that necessary 

19 resources, including personnel, facilities, and other admin20 istrative support, are provided to the organization within 

21 the Office of the Secretary of Defense with direct responsi22 bility for oversight of implementation by the military de23 partments of recommendations of the Task Force in order 

24 for that organization to carry out its duties and responsibil25 ities.
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1 SEC. 577. FATALITY REVIEWS. 

2 (a) REVIEW OF FATALITIES.—The Secretary of De3 fense shall conduct a multidisciplinary, impartial review 

4 (referred to as a ‘‘fatality review’’) in the case of each fatal5 ity known or suspected to have resulted from domestic vio6 lence or child abuse against—

7 (1) a member of the Armed Forces; 

8 (2) a current or former dependent of a member 

9 of the Armed Forces; or 

10 (3) a current or former intimate partner who 

11 has a child in common or has shared a common 

12 domicile with a member of the Armed Forces. 

13 (b) MATTERS TO BE INCLUDED.—The report of a fatal14 ity review under subsection (a) shall, at a minimum, in15 clude the following: 

16 (1) An executive summary. 

17 (2) Data setting forth victim demographics, inju18 ries, autopsy findings, homicide or suicide methods, 

19 weapons, police information, assailant demographics, 

20 and household and family information. 

21 (3) Legal disposition. 

22 (4) System intervention and failures within the 

23 Department of Defense. 

24 (5) A discussion of significant findings. 

25 (6) Recommendations for systemic changes with26 in the Department of Defense.
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1 SEC. 578. SENSE OF CONGRESS. 

2 It is the sense of Congress that—

3 (1) the Secretary of Defense should adopt the 

4 strategic plan proposed by the Defense Task Force on 

5 Domestic Violence in its Third Year Report, as re6 quired by section 591(a) of the Department of Defense 

7 Authorization Act for Fiscal Year 2000 (Public Law 

8 106–65); and 

9 (2) the Secretary of each military department 

10 should establish and support a Victim Advocate Pro11 tocol and provide for nondisclosure to ensure con12 fidentiality for victims who come forward to receive 

13 advocacy, support, information, and resources, as rec14 ommended by the Defense Task Force on Domestic Vi15 olence.

16 TITLE VI—COMPENSATION AND 

17 OTHER PERSONNEL BENEFITS 

18 Subtitle A—Pay and Allowances

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

20 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad21 justment to become effective during fiscal year 2004 re22 quired by section 1009 of title 37, United States Code, in 

23 the rates of monthly basic pay authorized members of the 

24 uniformed services shall not be made. 

25 (b) INCREASE IN BASIC PAY FOR MEMBERS OF ARMED

26 FORCES.—Effective on January 1, 2004, the rates of 
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1 monthly basic pay for members of the Armed Forces within 

2 each pay grade are as follows:
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COMMISSIONED OFFICERS 1

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

Pay 

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

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 .... 0.00 0.00 0.00 0.00 0.00 

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

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

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

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

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

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

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

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

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00 

O–9 .... 0.00 0.00 0.00 0.00 0.00 

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

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

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

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

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

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

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

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

Over 18 Over 20 Over 22 Over 24 Over 26

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

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

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

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

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

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

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

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

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

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

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, or Commandant of the Coast Guard, is $14,679.30, regardless of cumulative years of service computed under 

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

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

AS AN ENLISTED MEMBER OR WARRANT OFFICER 

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

Pay 

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

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

O–2E 0.00 0.00 0.00 3,537.00 3,609.90

O–1E 0.00 0.00 0.00 2,848.50 3,042.30

Over 8 Over 10 Over 12 Over 14 Over 16

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

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

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

Over 18 Over 20 Over 22 Over 24 Over 26

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

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

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

WARRANT OFFICERS 1

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

Pay 

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

W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00 

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

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

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

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

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00

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

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

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

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

Over 18 Over 20 Over 22 Over 24 Over 26

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

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

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

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

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

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 .... 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40

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

Over 8 Over 10 Over 12 Over 14 Over 16

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

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

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

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

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

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

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

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

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

Over 18 Over 20 Over 22 Over 24 Over 26

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

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

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

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

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

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

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

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

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

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 $1,086.00. 

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

2 UNIFORMED SERVICES.—Effective on January 1, 2004, the 

3 rates of monthly basic pay for members of the National Oce4 anic and Atmospheric Administration and the Public 

5 Health Service are increased by 2 percent. 
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1 (d) DEFINITIONS.—In this section, the terms ‘‘armed 

2 forces’’ and ‘‘uniformed services’’ have the meanings given 

3 such terms in section 101 of title 37, United States Code.

4 SEC. 602. COMPUTATION OF BASIC PAY RATE FOR COMMIS5 SIONED OFFICERS WITH PRIOR ENLISTED OR 

6 WARRANT OFFICER SERVICE. 

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

8 amended—

9 (1) in subparagraph (A), by striking ‘‘enlisted 

10 member,’’ and all that follows through the period and 

11 inserting ‘‘enlisted member.’’; and 

12 (2) by striking subparagraph (B) and inserting 

13 the following new subparagraph: 

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

15 member, or as a warrant officer and an enlisted 

16 member, for which at least 1,460 points have been 

17 credited to the officer for the purposes of section 

18 12732(a)(2) of title 10.’’.

19 SEC. 603. SPECIAL SUBSISTENCE ALLOWANCE AUTHORI20 TIES FOR MEMBERS ASSIGNED TO HIGH-COST 

21 DUTY LOCATION OR UNDER OTHER UNIQUE 

22 AND UNUSUAL CIRCUMSTANCES. 

23 (a) IN GENERAL.—Section 402 of title 37, United 

24 States Code, is amended—
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1 (1) by redesignating subsections (f) and (g) as 

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

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

4 new subsection: 

5 ‘‘(f) SPECIAL RULE FOR HIGH-COST DUTY LOCATIONS

6 AND OTHER UNIQUE AND UNUSUAL CIRCUMSTANCES.—The 

7 Secretary of Defense may authorize a member of the armed 

8 forces who is assigned to duty in a high-cost duty location 

9 or under other unique and unusual circumstances, but is 

10 not entitled to the meals portion of the per diem in connec11 tion with that duty, to receive any or all of the following: 

12 ‘‘(1) Meals at no cost to the member, regardless 

13 of the entitlement of the member to a basic allowance 

14 for subsistence under subsection (a). 

15 ‘‘(2) A basic allowance for subsistence at the 

16 standard rate, regardless of the entitlement of the 

17 member for all meals or select meals during the duty 

18 day. 

19 ‘‘(3) A supplemental subsistence allowance at a 

20 rate higher than the basic allowance for subsistence 

21 rates in effect under this section, regardless of the en22 titlement of the member for all meals or select meals 

23 during the duty day.’’. 

24 (b) RETROACTIVE AND PROSPECTIVE APPLICATION.—

25 Subsection (f) of section 402 of title 37, United States Code, 
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1 as added by subsection (a), shall apply with respect to mem2 bers of the Armed Forces assigned to duty in a high-cost 

3 duty location or under other unique and unusual cir4 cumstances, as determined pursuant to regulations pre5 scribed pursuant to subsection (c), after September 11, 

6 2001. 

7 (c) REGULATIONS; TIME LIMITS.—Final regulations 

8 to carry out subsection (f) of section 402 of title 37, United 

9 States Code, as added by subsection (a), shall be prescribed 

10 not later than 180 days after the date of the enactment of 

11 this Act. The regulations shall provide a method by which 

12 a member of the Armed Forces covered by such subsection 

13 (f) may obtain reimbursement for subsistence expenses in14 curred by the member during the period beginning on Sep15 tember 11, 2001, and ending on the date the regulations 

16 take effect.

17 Subtitle B—Bonuses and Special 

18 and Incentive Pays

19 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

20 SPECIAL PAY AUTHORITIES FOR RESERVE 

21 FORCES. 

22 (a) SELECTED RESERVE REENLISTMENT BONUS.—

23 Section 308b(f ) of title 37, United States Code, is amended 

24 by striking ‘‘December 31, 2003’’ and inserting ‘‘December 

25 31, 2004’’. 
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1 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec2 tion 308c(e) of such title is amended by striking ‘‘December 

3 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

4 (c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

5 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of 

6 such title is amended by striking ‘‘December 31, 2003’’ and 

7 inserting ‘‘December 31, 2004’’. 

8 (d) SELECTED RESERVE AFFILIATION BONUS.—Sec9 tion 308e(e) of such title is amended by striking ‘‘December 

10 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

11 (e) READY RESERVE ENLISTMENT AND REENLIST12 MENT BONUS.—Section 308h(g) of such title is amended by 

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

14 2004’’. 

15 (f) PRIOR SERVICE ENLISTMENT BONUS.—Section 

16 308i(f ) of such title is amended by striking ‘‘December 31, 

17 2003’’ and inserting ‘‘December 31, 2004’’. 

18 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

19 SPECIAL PAY AUTHORITIES FOR CERTAIN 

20 HEALTH CARE PROFESSIONALS. 

21 (a) NURSE OFFICER CANDIDATE ACCESSION PRO22 GRAM.—Section 2130a(a)(1) of title 10, United States Code, 

23 is amended by striking ‘‘December 31, 2003’’ and inserting 

24 ‘‘December 31, 2004’’. 
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1 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

2 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

3 RESERVE.—Section 16302(d) of such title is amended by 

4 striking ‘‘January 1, 2004’’ and inserting ‘‘January 1, 

5 2005’’. 

6 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

7 Section 302d(a)(1) of title 37, United States Code, is 

8 amended by striking ‘‘December 31, 2003’’ and inserting 

9 ‘‘December 31, 2004’’. 

10 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES11 THETISTS.—Section 302e(a)(1) of such title is amended by 

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

13 2004’’. 

14 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

15 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL16 TIES.—Section 302g(f ) of such title is amended by striking 

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

18 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec19 tion 302h(a)(1) of such title is amended by striking ‘‘De20 cember 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

21 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

22 BONUS AUTHORITIES FOR NUCLEAR OFFI23 CERS. 

24 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

25 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e) 
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1 of title 37, United States Code, is amended by striking ‘‘De2 cember 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

3 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

4 312b(c) of such title is amended by striking ‘‘December 31, 

5 2003’’ and inserting ‘‘December 31, 2004’’. 

6 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

7 Section 312c(d) of such title is amended by striking ‘‘De8 cember 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

9 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND 

10 SPECIAL PAY AUTHORITIES. 

11 (a) AVIATION OFFICER RETENTION BONUS.—Section 

12 301b(a) of title 37, United States Code, is amended by strik13 ing ‘‘December 31, 2003’’ and inserting ‘‘December 31, 

14 2004’’. 

15 (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

16 Section 308(g) of such title is amended by striking ‘‘Decem17 ber 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

18 (c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Sec19 tion 309(e) of such title is amended by striking ‘‘December 

20 31, 2003’’ and inserting ‘‘December 31, 2004’’. 

21 (d) RETENTION BONUS FOR MEMBERS WITH CRITICAL

22 MILITARY SKILLS.—Section 323(i) of such title is amended 

23 by striking ‘‘December 31, 2003’’ and inserting ‘‘December 

24 31, 2004’’. 
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1 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT2 ICAL SKILLS.—Section 324(g) of such title is amended by 

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

4 2004’’.

5 SEC. 615. COMPUTATION OF HAZARDOUS DUTY INCENTIVE 

6 PAY FOR DEMOLITION DUTY AND PARACHUTE 

7 JUMPING BY MEMBERS OF RESERVE COMPO8 NENTS ENTITLED TO COMPENSATION UNDER 

9 SECTION 206 OF TITLE 37. 

10 (a) IN GENERAL.—Section 301(f) of title 37, United 

11 States Code, is amended by adding at the end the following 

12 new paragraph: 

13 ‘‘(3) Notwithstanding paragraphs (1) or (2), if a mem14 ber described in paragraph (1) performs the duty described 

15 in clauses (3) or (4) of subsection (a) in any month, the 

16 member shall be entitled for that month to the full amount 

17 specified in the first sentence of subsection (c)(1), in the 

18 case of the duty described in clause (4) of subsection (a) 

19 or parachute jumping involving the use of a static line, or 

20 the full amount specified in the second sentence of subsection 

21 (c)(1), in the case of parachute jumping in military free 

22 fall operations.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall take effect October 1, 2003.
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1 SEC. 616. AVAILABILITY OF HOSTILE FIRE AND IMMINENT 

2 DANGER PAY FOR RESERVE COMPONENT 

3 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 SEC. 617. EXPANSION OF OVERSEAS TOUR EXTENSION IN2 CENTIVE PROGRAM TO OFFICERS. 

3 (a) SPECIAL PAY OR BONUS FOR EXTENDING OVER4 SEAS TOUR OF DUTY.—(1) Subsections (a) and (b) of sec5 tion 314 of title 37, United States Code, are amended by 

6 striking ‘‘an enlisted member’’ and inserting ‘‘a member’’. 

7 (2)(A) The heading of such section is amended to read 

8 as follows: 

9 ‘‘§ 314. Special pay or bonus: qualified members ex10 tending duty at designated locations over11 seas’’. 

12 (B) The item relating to such section in the table of 

13 sections at the beginning of chapter 5 of such title is amend14 ed to read as follows:

‘‘314. Special pay or bonus: qualified members extending duty at designated locations overseas.’’.

15 (b) REST AND RECUPERATIVE ABSENCE IN LIEU OF

16 PAY OR BONUS.—(1) Subsection (a) of section 705 of title 

17 10, United States Code, is amended by striking ‘‘an enlisted 

18 member’’ and inserting ‘‘a member’’. 

19 (2)(A) The heading of such section is amended to read 

20 as follows: 
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1 ‘‘§ 705. Rest and recuperation absence: qualified mem2 bers extending duty at designated loca3 tions 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 recuperative absence for qualified members extending duty at designated locations overseas.’’.

7 SEC. 618. ELIGIBILITY OF APPOINTED WARRANT OFFICERS 

8 FOR ACCESSION BONUS FOR NEW OFFICERS 

9 IN CRITICAL SKILLS. 

10 Section 324 of title 37, United States Code, is amended 

11 in subsections (a) and (f)(1) by inserting ‘‘or an appoint12 ment’’ after ‘‘commission’’.

13 SEC. 619. INCENTIVE PAY FOR DUTY ON GROUND IN ANT14 ARCTICA OR ON ARCTIC ICEPACK. 

15 (a) IN GENERAL.—(1) Chapter 5 of title 37, United 

16 States Code, is amended by inserting after section 301e the 

17 following new section:

18 ‘‘§ 301f. Incentive pay: duty on ground in Antarctica 

19 or on Arctic icepack 

20 ‘‘(a) AVAILABILITY OF INCENTIVE PAY.—A member of 

21 the uniformed services who performs duty at a location de22 scribed in subsection (b) is entitled to special pay under 

23 this section at a rate of $5 for each day of that duty. 
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1 ‘‘(b) COVERED LOCATIONS.—Subsection (a) applies 

2 with respect to duty performed on the ground in Antarctica 

3 or on the Arctic icepack.’’.

4 (2) The table of sections at the beginning of such chap5 ter is amended by inserting after the item relating to section 

6 301e the following new item:

‘‘301f. Incentive pay: duty on ground in Antarctica or on Arctic icepack.’’.

7 (b) EFFECTIVE DATE.—Section 301f of title 37, United 

8 States Code, as added by subsection (a), shall take effect 

9 on October 1, 2003.

10 SEC. 620. SPECIAL PAY FOR SERVICE AS MEMBER OF WEAP11 ONS OF MASS DESTRUCTION CIVIL SUPPORT 

12 TEAM. 

13 (a) IN GENERAL.—(1) Chapter 5 of title 37, United 

14 States Code, is amended by inserting after section 305a the 

15 following new section:

16 ‘‘§ 305b. Special pay: service as member of Weapons of 

17 Mass Destruction Civil Support Team 

18 ‘‘(a) AVAILABILITY OF SPECIAL PAY.—The Secretary 

19 of a military department may pay special pay under this 

20 section to a member of the armed forces under the jurisdic21 tion of that Secretary who is entitled to basic pay under 

22 section 204 and is assigned by orders to duty as a member 

23 of a Weapons of Mass Destruction Civil Support Team. 

24 ‘‘(b) MONTHLY RATE.—Special pay payable under 

25 subsection (a) shall be paid at a rate equal to $150 a month. 
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1 ‘‘(c) ELIGIBILITY OF RESERVE COMPONENT MEMBERS

2 WHEN PERFORMING INACTIVE DUTY TRAINING.—Under 

3 regulations prescribed by the Secretary concerned and to 

4 the extent provided for in appropriation Acts, when a mem5 ber of a reserve component of the armed forces who is enti6 tled to compensation under section 206 of this title performs 

7 duty under orders as a member of a Weapons of Mass De8 struction Civil Support Team, the member may be paid an 

increase in compensation equal to 1 9 ⁄30 of the monthly spe10 cial pay specified in subsection (b) for each day on which 

11 the member performs such duty. 

12 ‘‘(d) DEFINITION.—In this section, the term ‘Weapons 

13 of Mass Destruction Civil Support Team’ means a team 

14 of members of the reserve components of the armed forces 

15 that is established under section 12310(c) of title 10 in sup16 port of emergency preparedness programs to prepare for or 

17 to respond to any emergency involving the use of a weapon 

18 of mass destruction.’’.

19 (2) The table of sections at the beginning of such chap20 ter is amended by inserting after the item relating to section 

21 305a the following new item:

‘‘305b. Special pay: service as member of Weapons of Mass Destruction Civil Support Team.’’.

22 (b) EFFECTIVE DATE.—Section 305b of title 37, 

23 United States Code, as added by subsection (a), shall take 

24 effect on October 1, 2003.
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1 SEC. 621. INCENTIVE BONUS FOR AGREEMENT TO SERVE IN 

2 CRITICALLY SHORT MILITARY OCCUPA3 TIONAL SPECIALTY. 

4 (a) IN GENERAL.—Chapter 5 of title 37, United States 

5 Code, is amended by adding at the end the following new 

6 section: 

7 ‘‘§ 326. Incentive bonus: lateral conversion bonus for 

8 service in critically short military occupa9 tional speciality 

10 ‘‘(a) INCENTIVE BONUS AUTHORIZED.—The Secretary 

11 concerned may pay a bonus under this section to a member 

12 of the armed forces who executes a written agreement to con13 vert to, and serve for a period of not less than two years 

14 in, a critically short military occupational specialty. 

15 ‘‘(b) ELIGIBLE MEMBERS.—A bonus may only be paid 

16 under this section only to a member who—

17 ‘‘(1) is entitled to basic pay; and 

18 ‘‘(2) is serving in pay grade E–6 (with less than 

19 10 years of service computed under section 205 of this 

20 title) or pay grade E–5 or below (regardless of years 

21 of service) at the time the agreement under subsection 

22 (a) is executed. 

23 ‘‘(c) AMOUNT AND PAYMENT OF BONUS.—(1) A bonus 

24 under this section may not exceed $4,000. 

25 ‘‘(2) A bonus payable under this section shall be dis26 bursed in one lump sum payment when the member’s con-
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1 version to the critically short military occupational spe2 cialty is approved by the personnel chief of the member’s 

3 armed force. 

4 ‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOW5 ANCES.—A bonus paid to a member under this section is 

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

7 member is entitled. 

8 ‘‘(e) REPAYMENT OF BONUS.—(1) A member who re9 ceives a bonus under this section and who, voluntarily or 

10 because of misconduct, fails to serve in the critically short 

11 military occupational specialty for the period specified in 

12 the agreement shall refund to the United States an amount 

13 that bears the same ratio to the bonus amount paid to the 

14 member as the unserved part of such period bears to the 

15 total period agreed to be served. 

16 ‘‘(2) An obligation to reimburse the United States im17 posed under paragraph (1) is, for all purposes, a debt owed 

18 to the United States. 

19 ‘‘(3) A discharge in bankruptcy under title 11 that is 

20 entered less than five years after the termination of the 

21 agreement for which a bonus was paid under this section 

22 shall not discharge the person signing such agreement from 

23 the debt arising under paragraph (1). 

24 ‘‘(4) Under regulations prescribed pursuant to sub25 section (f), the Secretary concerned may waive, in whole 
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1 in part, a refund required under paragraph (1) if the Sec2 retary determines that recovery would be against equity 

3 and good conscience or would be contrary to the best inter4 ests of the United States. 

5 ‘‘(f) REGULATIONS.—The Secretaries concerned shall 

6 prescribe regulations to carry out this section. Regulations 

7 prescribed by the Secretary of a military department shall 

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

9 ‘‘(g) DEFINITION.—In this section, the term ‘critically 

10 short military occupational specialty’ means a military oc11 cupational specialty, military rating, or other military spe12 ciality designated by the Secretary concerned as under13 manned for purposes of this section. 

14 ‘‘(h) TERMINATION OF AUTHORITY.—No agreement 

15 under this section may be entered into after December 31, 

16 2004.’’. 

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

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

19 end the following new item:

‘‘326. Incentive bonus: lateral conversion bonus for service in critically short military occupational speciality.’’.
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1 SEC. 622. INCREASE IN RATE FOR IMMINENT DANGER PAY 

2 AND FAMILY SEPARATION ALLOWANCE RE3 LATED TO SERVICE IN OPERATION IRAQI 

4 FREEDOM OR OPERATION ENDURING FREE5 DOM. 

6 (a) SPECIAL PAYMENT RATES.—Effective October 1, 

7 2003, in the case of a member of the uniformed services who 

8 serves, for any period of time during a month, in a combat 

9 zone designated for Operation Iraqi Freedom or Operation 

10 Enduring Freedom, the monthly rate for imminent danger 

11 pay under section 310 of title 37, United States Code, shall 

12 be deemed to be $225 and the monthly rate for the family 

13 separation allowance under section 427 of such title shall 

14 be deemed to be $250. 

15 (b) DURATION.—The special rates for imminent dan16 ger pay and the family separation allowance in effect under 

17 subsection (a) for an operation referred to in such sub18 section expire on the date the President terminates the oper19 ation.

20 Subtitle C—Travel and 

21 Transportation Allowances

22 SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHI23 CLE WITHIN CONTINENTAL UNITED STATES. 

24 (a) AUTHORITY TO PROCURE CONTRACT FOR TRANS25 PORTATION OF MOTOR VEHICLE.—Section 2634 of title 10, 

26 United States Code, is amended—
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1 (1) by redesignating subsection (h) as subsection 

2 (i); and 

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

4 new subsection (h): 

5 ‘‘(h) In the case of a change of permanent station de6 scribed in subparagraph (A) or (B) of subsection (i)(1), the 

7 Secretary concerned may authorize the member to arrange 

8 for the shipment of the motor vehicle in lieu of transpor9 tation at the expense of the United States under this section. 

10 The Secretary concerned may pay the member a monetary 

11 allowance in lieu of transportation, as established under 

12 section 404(d)(1) of title 37, and the member shall be re13 sponsible for any transportation costs in excess of such al14 lowance.’’. 

15 (b) ALLOWANCE FOR SELF-PROCUREMENT OF TRANS16 PORTATION OF MOTOR VEHICLE.—Section 406(b)(1)(B) of 

17 title 37, United States Code, is amended by adding at the 

18 end the following new sentence: ‘‘In the case of the transpor19 tation of a motor vehicle arranged by the member under 

20 section 2634(h) of title 10, the Secretary concerned may pay 

21 the member, upon proof of shipment, a monetary allowance 

22 in lieu of transportation, as established under section 

23 404(d)(1) of this title.’’.
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1 SEC. 632. PAYMENT OR REIMBURSEMENT OF STUDENT BAG2 GAGE STORAGE COSTS FOR DEPENDENT 

3 CHILDREN OF MEMBERS STATIONED OVER4 SEAS. 

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

6 amended in the first sentence by inserting before the period 

7 at the end the following: ‘‘or during a different period in 

8 the same fiscal year selected by the member’’.

9 SEC. 633. REIMBURSEMENT FOR LODGING EXPENSES OF 

10 CERTAIN RESERVE COMPONENT AND RE11 TIRED MEMBERS DURING AUTHORIZED 

12 LEAVE FROM TEMPORARY DUTY LOCATION. 

13 (a) REIMBURSEMENT AUTHORIZED.—The Secretary 

14 concerned (as defined in section 101 of title 37, United 

15 States Code) may reimburse a member of the Armed Forces 

16 described in subsection (b) for lodging expenses incurred by 

17 the member at the member’s duty location while the member 

18 is in an authorized leave status. 

19 (b) COVERED MEMBERS.—Subsection (a) applies with 

20 respect to a member of a reserve component who is called 

21 or ordered to active duty for a period of more than 30 days, 

22 or a retired member who is ordered to active duty under 

23 section 688(a) of title 10, United States Code, if the mem24 ber—
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1 (1) immediately before taking authorized leave 

2 was performing duty at a location away from the 

3 member’s home; 

4 (2) was receiving a per diem allowance under 

5 section 404(a)(4) of title 37, United States Code, to 

6 cover lodging and subsistence expenses incurred at the 

7 duty location because quarters of the United States 

8 were not available for assignment to the member at 

9 that location; and 

10 (3) immediately after completing the authorized 

11 leave, returned to the duty location. 

12 (c) AMOUNT OF REIMBURSEMENT.—The amount of the 

13 reimbursement provided to a member under subsection (a) 

14 may not exceed the lesser of—

15 (1) the actual daily cost of lodging incurred by 

16 the member at the duty location while the member 

17 was in an authorized leave status; and 

18 (2) the lodging portion of the applicable daily 

19 per diem rate for that duty location. 

20 (d) RETROACTIVE APPLICATION.—This section applies 

21 with respect to members of the reserve components described 

22 in subsection (b) who, since September 11, 2001, were or 

23 are called or ordered to active duty for a period of more 

24 than 30 days and retired members described in such sub-
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1 section who, since that date, were or are ordered to active 

2 duty under section 688(a) of title 10, United States Code. 

3 Subtitle D—Retired Pay and 

4 Survivors Benefits

5 SEC. 641. FUNDING FOR SPECIAL COMPENSATION AU6 THORITIES FOR DEPARTMENT OF DEFENSE 

7 RETIREES. 

8 (a) SOURCE OF PAYMENTS.—

9 (1) Section 1413(g) of title 10, United States 

10 Code, is amended—

11 (A) by inserting before ‘‘Payments under’’ 

12 the following new sentence: ‘‘Payments under 

13 this section for a member of the Army, Navy, Air 

14 Force, or Marine Corps shall be paid from the 

15 Department of Defense Military Retirement 

16 Fund.’’; and 

17 (B) by inserting ‘‘for any other member’’ 

18 before ‘‘for any fiscal year’’. 

19 (2) Section 1413a(h) of such title is amended—

20 (A) by inserting before ‘‘Payments under’’ 

21 the following new sentence: ‘‘Payments under 

22 this section for a member of the Army, Navy, Air 

23 Force, or Marine Corps shall be paid from the 

24 Department of Defense Military Retirement 

25 Fund.’’; and 
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1 (B) by inserting ‘‘for any other member’’ 

2 before ‘‘for any fiscal year’’. 

3 (b) PAYMENT OF INCREASED RETIREMENT TRUST

4 FUND COSTS DUE TO CONCURRENT RECEIPT OR EN5 HANCED SPECIAL DISABILITY COMPENSATION PAY6 MENTS.—

7 (1) Section 1463(a)(1) of this title is amended by 

8 inserting before the semicolon the following: ‘‘and 

9 payments under section 1413, 1413a, or 1414 of this 

10 title paid to such members’’. 

11 (2) Section 1465(b) of such title is amended by 

12 adding at the end the following new paragraph: 

13 ‘‘(3) At the same time that the Secretary of Defense 

14 makes the determination required by paragraph (1) for any 

15 fiscal year, the Secretary shall determine the amount of the 

16 Treasury contribution to be made to the Fund for the next 

17 fiscal year under section 1466(b)(2)(D) of this title. That 

18 amount shall be determined in the same manner as the de19 termination under paragraph (1) of the total amount of De20 partment of Defense contributions to be made to the Fund 

21 during that fiscal year under section 1466(a) of this title, 

22 except that for purposes of this paragraph the Secretary, 

23 in making the calculations required by subparagraphs (A) 

24 and (B) of that paragraph, shall use the single level percent-
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1 ages determined under subsection (c)(4), rather than those 

2 determined under subsection (c)(1).’’. 

3 (3) Section 1465(c) of such title is amended—

4 (A) in paragraph (1)—

5 (i) in subparagraph (A), by inserting before 

6 the semicolon at the end the following: ‘‘, to be 

7 determined without regard to section 1413, 

8 1413a, or 1414 of this title’’; 

9 (ii) in subparagraph (B), by inserting be10 fore the period at the end the following: ‘‘, to be 

11 determined without regard to section 1413, 

12 1413a, or 1414 of this title’’; and 

13 (iii) in the sentence following subparagraph 

14 (B), by striking ‘‘subsection (b)’’ and inserting 

15 ‘‘subsection (b)(1)’’; 

16 (B) by redesignating paragraph (4) as para17 graph (5); and 

18 (C) by inserting after paragraph (3) the fol19 lowing new paragraph (4): 

20 ‘‘(4) Whenever the Secretary carries out an actuarial 

21 valuation under paragraph (1), the Secretary shall include 

22 as part of such valuation the following: 

23 ‘‘(A) A determination of a single level percentage 

24 determined in the same manner as applies under sub25 paragraph (A) of paragraph (1), but based only upon 
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1 the provisions of section 1413, 1413a, or 1414 of this 

2 title (whichever is in effect). 

3 ‘‘(B) A determination of a single level percentage 

4 determined in the same manner as applies under sub5 paragraph (B) of paragraph (1), but based only upon 

6 the provisions of section 1413, 1413a, or 1414 of this 

7 title (whichever is in effect). 

8 Such single level percentages shall be used for the purposes 

9 of subsection (b)(3).’’. 

10 (4) Section 1466(b) of such title is amended—

11 (A) in paragraph (1), by striking ‘‘sections 

12 1465(a) and 1465(c)’’ and inserting ‘‘sections 

13 1465(a), 1465(b)(3), 1465(c)(2), and 1465(c)(3)’’; and 

14 (B) by adding at the end of paragraph (2) the 

15 following new subparagraph: 

16 ‘‘(D) The amount for that year determined by 

17 the Secretary of Defense under section 1465(b)(3) of 

18 this title for the cost to the Fund arising from in19 creased amounts payable from the Fund by reason of 

20 section 1413, 1413a, or 1414 of this title.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by this 

22 section shall take effect on October 1, 2003. 
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1 Subtitle E—Commissary and Non2 appropriated Fund Instrumen3 tality Benefits

4 SEC. 651. EXPANDED COMMISSARY ACCESS FOR SELECTED 

5 RESERVE MEMBERS, RESERVE RETIREES 

6 UNDER AGE 60, AND THEIR DEPENDENTS. 

7 (a) ACCESS TO MILITARY COMMISSARIES.—Section 

8 1065 of title 10, United States Code, is amended—

9 (1) in subsections (a), (b), and (c), by inserting 

10 ‘‘commissary stores and’’ after ‘‘use’’ each place it ap11 pears; and 

12 (2) in subsection (d)—

13 (A) by inserting ‘‘commissary stores and’’ 

14 after ‘‘use’’ the first and third places it appears; 

15 and 

16 (B) by inserting ‘‘stores and’’ after ‘‘use’’ 

17 the second and fourth places it appears. 

18 (b) CONFORMING AMENDMENTS; TRANSFER OF SEC19 TION.—Chapter 54 of such title is amended—

20 (1) by striking sections 1063 and 1064; 

21 (2) in section 1063a(c)(2), by striking ‘‘section 

22 1065(e)’’ and inserting ‘‘section 1063(e)’’; 

23 (3) by redesignating section 1063a, as amended 

24 by paragraph (2), as section 1064; 
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1 (4) by transferring section 1065, as amended by 

2 subsection (a), so as to appear after section 1062; and 

3 (5) by striking the heading of such section, as 

4 amended by subsection (a) and transferred by para5 graph (4), and inserting the following new heading: 

6 ‘‘§ 1063. Use of commissary stores and MWR retail fa7 cilities: members of reserve components 

8 and reserve retirees under age 60’’. 

9 (c) CLERICAL AMENDMENTS.—The table of sections at 

10 the beginning of such chapter is amended by striking the 

11 items relating to sections 1063, 1063a, 1064, and 1065 and 

12 inserting the following new items:

‘‘1063. Use of commissary stores and MWR retail facilities: members of reserve 

components and reserve retirees under age 60. 

‘‘1064. Use of commissary stores and MWR retail facilities: members of National 

Guard serving in federally declared disaster or national emergency.’’.

13 SEC. 652. DEFENSE COMMISSARY SYSTEM AND EXCHANGE 

14 STORES SYSTEM. 

15 (a) EXISTENCE OF SYSTEMS.—Chapter 147 of title 10, 

16 United States Code, is amended by inserting before section 

17 2482 the following new section:

18 ‘‘§ 2481. Existence of defense commissary system and 

19 exchange stores system 

20 ‘‘(a) IN GENERAL.—The Secretary of Defense shall op21 erate a defense commissary system and an exchange stores 

22 system in the manner provided by this chapter and other 

23 provisions of law. 
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1 ‘‘(b) SEPARATE SYSTEMS.—Except as authorized by 

2 section 2490a of this title, the defense commissary system 

3 and the exchange stores system shall be operated as separate 

4 systems of the Department of Defense.’’.

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

6 the beginning of such chapter is amended by inserting before 

7 the item relating to section 2482 the following new item:

‘‘2481. Existence of defense commissary system and exchange stores system.’’.

8 SEC. 653. LIMITATIONS ON PRIVATE OPERATION OF DE9 FENSE COMMISSARY STORE FUNCTIONS. 

10 Section 2482(a) of title 10, United States Code, is 

11 amended—

12 (1) by striking the first and second sentences and 

13 inserting the following: ‘‘(1) Under such regulations 

14 as the Secretary of Defense may approve, private per15 sons may operate selected commissary store functions, 

16 except that such functions may not include functions 

17 relating to the procurement of products to be sold in 

18 a commissary store or functions relating to the overall 

19 management of a commissary system or the manage20 ment of a commissary store.’’; and 

21 (2) by adding at the end the following new para22 graph: 

23 ‘‘(2) Any change to private operation of a commissary 

24 store function shall not take effect until the Secretary of 

25 Defense submits written notice of the proposed change to 
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1 Congress and a period of 90 days of continuous session of 

2 Congress expires following the date on which notice was re3 ceived, determined as provided in section 2486(d)(2) of this 

4 title.’’.

5 SEC. 654. USE OF APPROPRIATED FUNDS TO OPERATE DE6 FENSE COMMISSARY SYSTEM. 

7 (a) REQUIREMENT THAT COMMISSARY OPERATING

8 EXPENSES BE PAID FROM APPROPRIATED FUNDS.—Sec9 tion 2484 of title 10, United States Code, is amended—

10 (1) in subsection (a), by striking ‘‘may’’ and in11 serting ‘‘shall’’; and 

12 (2) in subsection (b), by striking ‘‘may’’ in the 

13 first sentence and inserting ‘‘shall’’. 

14 (b) SUPPLEMENTAL FUNDS FOR COMMISSARY OPER15 ATIONS.—Such section is further amended by adding at the 

16 end the following new subsection: 

17 ‘‘(c) SUPPLEMENTAL FUNDS FOR COMMISSARY OPER18 ATIONS.—Amounts appropriated to cover the expenses of 

19 operating the Defense Commissary Agency and the defense 

20 commissary system may be supplemented with additional 

21 funds from manufacturers’ coupon redemption fees, han22 dling fees for tobacco products, and other amounts received 

23 as reimbursement for other support activities provided by 

24 commissary activities.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on October 1, 2003.

3 SEC. 655. RECOVERY OF NONAPPROPRIATED FUND INSTRU4 MENTALITY AND COMMISSARY STORE IN5 VESTMENTS IN REAL PROPERTY AT MILITARY 

6 INSTALLATIONS CLOSED OR REALIGNED. 

7 (a) 1988 LAW.—Section 204(b)(7)(C)(i) of the Defense 

8 Authorization Amendments and Base Closure and Realign9 ment Act (Public Law 100–526; 10 U.S.C. 2687 note) is 

10 amended in the second sentence by striking ‘‘The Secretary 

11 may use amounts in the account (in such an aggregate 

12 amount as is provided in advance in appropriation Acts)’’ 

13 and inserting ‘‘Amounts in the account shall be available 

14 to the Secretary, without appropriation and until ex15 pended,’’. 

16 (b) 1990 LAW.—Section 2906(d)(3) of the Defense Base 

17 Closure and Realignment Act of 1990 (part A of title XXIX 

18 of Public Law 101–510; 10 U.S.C. 2687 note) is amended 

19 by striking ‘‘The Secretary may use amounts in the account 

20 (in such an aggregate amount as is provided in advance 

21 in appropriation Acts)’’ and inserting ‘‘Amounts in the ac22 count shall be available to the Secretary, without appro23 priation and until expended,’’.
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1 SEC. 656. COMMISSARY SHELF-STOCKING PILOT PROGRAM. 

2 (a) PILOT PROGRAM AUTHORITY.—Subject to sub3 section (c), the Secretary of Defense may conduct a pilot 

4 program under which the stocking of shelves at three defense 

5 commissary stores operated by the Defense Commissary 

6 Agency shall be the sole responsibility of Federal employees 

7 of the Agency or employees contracted by the agency. 

8 (b) IMPLEMENTATION PLAN.—(1) The Secretary of De9 fense shall submit to the Committee on Armed Services of 

10 the Senate and the Committee on Armed Services of the 

11 House of Representatives a plan for the conduct of the pilot 

12 program. The plan shall be submitted not later than six 

13 months after the date of the enactment of this Act. 

14 (2) The plan shall include the following: 

15 (A) The financial structure of the pilot program 

16 and expected costs. 

17 (B) The Secretary’s request to the Office of Per18 sonnel Management to conduct the pilot program as 

19 a Federal civilian personnel demonstration project 

20 under chapter 47 of title 5, United States Code, or a 

21 plan to provide otherwise a sufficiently flexible Fed22 eral civilian workforce for the pilot program through 

23 another authority. 

24 (C) Specification of the three sites for the 

25 conduct of the pilot program and the criteria 

26 used to select those sites. 
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1 (D) Proposed duration of the pilot program 

2 and the expected timing for providing to Con3 gress the results of the pilot program and rec4 ommendations of the Secretary. 

5 (E) Other observations and recommenda6 tions of the Secretary. 

7 (c) IMPLEMENTATION.—The Secretary of Defense may 

8 not begin to conduct the pilot program until a period of 

9 30 days has elapsed after the date of the submission of the 

10 plan for the pilot program under subsection (b).

11 Subtitle F—Other Matters

12 SEC. 661. REPEAL OF CONGRESSIONAL NOTIFICATION RE13 QUIREMENT FOR DESIGNATION OF CRITICAL 

14 MILITARY SKILLS FOR RETENTION BONUS. 

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

16 amended—

17 (1) by striking ‘‘(1)’’; and 

18 (2) by striking paragraph (2).
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1 TITLE VII—HEALTH CARE 

2 PROVISIONS

3 SEC. 701. REVISION OF DEPARTMENT OF DEFENSE MEDI4 CARE-ELIGIBLE RETIREE HEALTH CARE FUND 

5 TO PERMIT MORE ACCURATE ACTUARIAL 

6 VALUATIONS. 

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

8 amended by adding at the end of paragraph (1) the fol9 lowing: ‘‘In determining single level dollar amounts under 

10 subparagraphs (A) and (B) of this paragraph, the Secretary 

11 of Defense may determine a separate single level dollar 

12 amount under either or both subparagraphs for any partici13 pating uniformed service, if, in the judgment of the Sec14 retary, such a determination would produce a more accu15 rate and appropriate actuarial valuation for that uni16 formed service.’’.

17 SEC. 702. TRANSFER OF CERTAIN MEMBERS FROM PHAR18 MACY AND THERAPEUTICS COMMITTEE TO 

19 UNIFORM FORMULARY BENEFICIARY ADVI20 SORY PANEL UNDER THE PHARMACY BENE21 FITS PROGRAM. 

22 Section 1074g of title 10, United States Code, is 

23 amended—
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1 (1) in subsection (b)(1) in the second sentence, by 

2 striking ‘‘facilities,’’ and all that follows through the 

3 end of the sentence and inserting ‘‘facilities and rep4 resentatives of providers in facilities of the uniformed 

5 services.’’; and 

6 (2) in subsection (c)(2)—

7 (A) by striking ‘‘represent nongovern8 mental’’ and inserting the following: ‘‘rep9 resent—

10 ‘‘(A) nongovernmental’’; 

11 (B) by striking the period at the end and 

12 inserting a semicolon; and 

13 (C) by adding at the end the following new 

14 subparagraphs: 

15 ‘‘(B) contractors responsible for the TRICARE 

16 retail pharmacy program; 

17 ‘‘(C) contractors responsible for the national 

18 mail-order pharmacy program; and 

19 ‘‘(D) TRICARE network providers.’’.
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1 SEC. 703. PERMANENT EXTENSION OF AUTHORITY TO 

2 ENTER INTO PERSONAL SERVICES CON3 TRACTS FOR THE PERFORMANCE OF HEALTH 

4 CARE RESPONSIBILITIES AT LOCATIONS 

5 OTHER THAN MILITARY MEDICAL TREAT6 MENT FACILITIES. 

7 Section 1091(a)(2) of title 10, United States Code, is 

8 amended by striking ‘‘The Secretary may not enter into a 

9 contract under this paragraph after December 31, 2003.’’.

10 SEC. 704. PLAN FOR PROVIDING HEALTH COVERAGE INFOR11 MATION TO MEMBERS, FORMER MEMBERS, 

12 AND DEPENDENTS ELIGIBLE FOR CERTAIN 

13 HEALTH BENEFITS. 

14 (a) HEALTH INFORMATION PLAN REQUIRED.—The 

15 Secretary of Defense shall develop a plan to—

16 (1) ensure that each household that includes one 

17 or more eligible persons is provided information con18 cerning—

19 (A) the extent of health coverage provided 

20 by sections 1079 or 1086 of title 10, United 

21 States Code, for each such person; 

22 (B) the costs, including the limits on such 

23 costs, that each such person is required to pay 

24 for such health coverage; 
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1 (C) sources of information for locating 

2 TRICARE-authorized providers in the house3 hold’s locality; and 

4 (D) methods to obtain assistance in resolv5 ing difficulties encountered with billing, pay6 ments, eligibility, locating TRICARE-authorized 

7 providers, collection actions, and such other 

8 issues as the Secretary considers appropriate; 

9 (2) provide mechanisms to ensure that each eligi10 ble person has access to information identifying 

11 TRICARE-authorized providers in the person’s local12 ity who have agreed to accept new patients under sec13 tion 1079 or 1086 of title 10, United States Code, and 

14 to ensure that such information is periodically up15 dated; 

16 (3) provide mechanisms to ensure that each eligi17 ble person who requests assistance in locating a 

18 TRICARE-authorized provider is provided such as19 sistance; 

20 (4) provide information and recruitment mate21 rials and programs aimed at attracting participation 

22 of health care providers as necessary to meet health 

23 care access requirements for all eligible persons; and 

24 (5) provide mechanisms to allow for the periodic 

25 identification by the Department of Defense of the 
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1 number and locality of eligible persons who may in2 tend to rely on TRICARE-authorized providers for 

3 health care services. 

4 (b) IMPLEMENTATION OF PLAN.—The Secretary of De5 fense shall implement the plan required by subsection (a) 

6 with respect to any contract entered into by the Department 

7 of Defense after May 31, 2003, for managed health care. 

8 (c) DEFINITIONS.—In this section: 

9 (1) The term ‘‘eligible person’’ means a person 

10 eligible for health benefits under section 1079 or 1086 

11 of title 10, United States Code. 

12 (2) The term ‘‘TRICARE-authorized provider’’ 

13 means a facility, doctor, or other provider of health 

14 care services—

15 (A) that meets the licensing and 

16 credentialing certification requirements in the 

17 State where the services are rendered; 

18 (B) that meets requirements under regula19 tions relating to TRICARE for the type of health 

20 care services rendered; and 

21 (C) that has accepted reimbursement by the 

22 Secretary of Defense as payment for services ren23 dered during the 12-month period preceding the 

24 date of the most recently updated provider infor-
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1 mation provided to households under the plan re2 quired by subsection (a).

3 (d) SUBMISSION OF PLAN.—Not later than March 31, 

4 2004, the Secretary shall submit to the Committees on 

5 Armed Services of the Senate and House of Representatives 

6 the plan required by subsection (a), together with a schedule 

7 for implementation of the plan.

8 SEC. 705. WORKING GROUP ON MILITARY HEALTH CARE 

9 FOR PERSONS RELIANT ON HEALTH CARE FA10 CILITIES AT MILITARY INSTALLATIONS TO BE 

11 CLOSED OR REALIGNED. 

12 Section 722 of the National Defense Authorization Act 

13 for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1073 

14 note) is amended by striking subsections (a), (b), (c), and 

15 (d) and inserting the following new subsections: 

16 ‘‘(a) ESTABLISHMENT.—Not later than December 31, 

17 2003, the Secretary of Defense shall establish a working 

18 group on the provision of military health care to persons 

19 who rely for health care on health care facilities located at 

20 military installations—

21 ‘‘(1) inside the United States that are selected for 

22 closure or realignment in the 2005 round of realign23 ments and closures authorized by sections 2912, 2913, 

24 and 2914 of the Defense Base Closure and Realign25 ment Act of 1990 (part A of title XXIX of Public Law 
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1 101–510; 10 U.S.C. 2687 note), as added by title 

2 XXX of the National Defense Authorization Act for 

3 Fiscal Year 2002 (Public Law 107–107; 155 Stat. 

4 1342); or 

5 ‘‘(2) outside the United States that are selected 

6 for closure or realignment as a result of force posture 

7 changes. 

8 ‘‘(b) MEMBERSHIP.—The members of the working 

9 group shall include, at a minimum, the following: 

10 ‘‘(1) The Assistant Secretary of Defense of 

11 Health Affairs, or the designee of the Assistant Sec12 retary. 

13 ‘‘(2) The Surgeon General of the Army, or the 

14 designee of that Surgeon General. 

15 ‘‘(3) The Surgeon General of the Navy, or the 

16 designee of that Surgeon General. 

17 ‘‘(4) The Surgeon General of the Air Force, or 

18 the designee of that Surgeon General. 

19 ‘‘(5) At least one independent member from each 

20 TRICARE region, but not to exceed a total of 12 

21 members appointed under this paragraph, whose ex22 perience in matters within the responsibility of the 

23 working group qualify that person to represent per24 sons authorized health care under chapter 55 of title 

25 10, United States Code. 
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1 ‘‘(c) DUTIES.—(1) In developing the selection criteria 

2 and recommendations for the 2005 round of realignments 

3 and closures required by sections 2913 and 2914 of the De4 fense Base Closure and Realignment Act of 1990, the Sec5 retary of Defense shall consult with the working group. 

6 ‘‘(2) The working group shall be available to provide 

7 assistance to the Defense Base Closure and Realignment 

8 Commission. 

9 ‘‘(3) In the case of each military installation referred 

10 to in paragraph (1) or (2) of subsection (a) whose closure 

11 or realignment will affect the accessibility to health care 

12 services for persons entitled to such services under chapter 

13 55 of title 10, United States Code, the working group shall 

14 provide to the Secretary of Defense a plan for the provision 

15 of the health care services to such persons. 

16 ‘‘(d) SPECIAL CONSIDERATIONS.—In carrying out its 

17 duties under subsection (c), the working group—

18 ‘‘(1) shall conduct meetings with persons entitled 

19 to health care services under chapter 55 of title 10, 

20 United States Code, or representatives of such per21 sons; 

22 ‘‘(2) may use reliable sampling techniques; 

23 ‘‘(3) may visit the areas where closures or re24 alignments of military installations will adversely af-
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1 fect the accessibility of health care for such persons 

2 and may conduct public meetings; and 

3 ‘‘(4) shall ensure that members of the uniformed 

4 services on active duty, members and former members 

5 of the uniformed services entitled to retired or re6 tainer pay, and dependents and survivors of such 

7 members and retired personnel are afforded the oppor8 tunity to express their views.’’.

9 SEC. 706. ACCELERATION OF IMPLEMENTATION OF CHIRO10 PRACTIC HEALTH CARE FOR MEMBERS ON 

11 ACTIVE DUTY. 

12 The Secretary of Defense shall accelerate the implemen13 tation of the plan required by section 702 of the Floyd D. 

14 Spence National Defense Authorization Act for Fiscal Year 

15 2001 (Public Law 106–398) (relating to chiropractic health 

16 care services and benefits), with a goal of completing imple17 mentation of the plan by October 1, 2005.

18 SEC. 707. MEDICAL AND DENTAL SCREENING FOR MEMBERS 

19 OF SELECTED RESERVE UNITS ALERTED FOR 

20 MOBILIZATION. 

21 Section 1074a of title 10, United States Code, is 

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

23 ‘‘(f)(1) The Department of Defense may provide med24 ical and dental screening and care to members of the Se25 lected Reserve who are assigned to a unit that has been 
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1 alerted that the unit will be mobilized for active duty in 

2 support of an operational mission or contingency operation, 

3 during a national emergency, or in a time of war. 

4 ‘‘(2) The medical and dental screening and care that 

5 may be provided under this subsection is screening and care 

6 necessary to ensure that a member meets the medical and 

7 dental standards for required deployment. 

8 ‘‘(3) The services provided under this subsection shall 

9 be provided to a member at no cost to the member and at 

10 any time after the unit to which the member is assigned 

11 is alerted or otherwise notified that the unit will be mobi12 lized.’’.

13 TITLE VIII—ACQUISITION POL14 ICY, ACQUISITION MANAGE15 MENT, AND RELATED MAT16 TERS

17 Subtitle A—Amendments to General 

18 Contracting Authorities, Proce19 dures, and Limitations

20 SEC. 801. EXTENSION OF AUTHORITY TO CARRY OUT CER21 TAIN PROTOTYPE PROJECTS. 

22 Section 845 of the National Defense Authorization Act 

23 for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 

24 note) is amended in subsection (g) by striking ‘‘September 

25 30, 2004’’ and inserting ‘‘September 30, 2008’’.
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1 SEC. 802. ELIMINATION OF CERTAIN SUBCONTRACT NOTIFI2 CATION REQUIREMENTS. 

3 Subsection (e) of section 2306 of title 10, United States 

4 Code, is amended—

5 (1) by striking ‘‘(A)’’ and ‘‘(B)’’ and inserting 

6 ‘‘(i)’’ and ‘‘(ii)’’, respectively; 

7 (2) by redesignating paragraphs (1) and (2) as 

8 subparagraphs (A) and (B), respectively, 

9 (3) by striking ‘‘Each’’ and inserting ‘‘(1) Ex10 cept as provided in paragraph (2), each’’; and 

11 (4) by adding at the end the following new para12 graph: 

13 ‘‘(2) Paragraph (1) shall not apply to a prime contract 

14 with a contractor that maintains a purchasing system ap15 proved by the contracting officer for the contract.’’.

16 SEC. 803. ELIMINATION OF REQUIREMENT TO FURNISH 

17 WRITTEN ASSURANCES OF TECHNICAL DATA 

18 CONFORMITY. 

19 Section 2320(b) of title 10, United States Code, is 

20 amended—

21 (1) by striking paragraph (7); and 

22 (2) by redesignating paragraphs (8) and (9) as 

23 paragraphs (7) and (8), respectively.
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1 SEC. 804. LIMITATION PERIOD FOR TASK AND DELIVERY 

2 ORDER CONTRACTS. 

3 (a) IN GENERAL.—Chapter 137 of title 10, United 

4 States Code, is amended—

5 (1) in section 2304a—

6 (A) in subsection (e)—

7 (i) by inserting ‘‘(1)’’ before ‘‘A task’’; 

8 and 

9 (ii) by adding at the end the following 

10 new paragraphs: 

11 ‘‘(2) Unless use of procedures other than competitive 

12 procedures is authorized by an exception in subsection (c) 

13 of section 2304 of this title and approved in accordance 

14 with subsection (f) of such section, competitive procedures 

15 shall be used for making such a modification. 

16 ‘‘(3) Notice regarding the modification shall be pro17 vided in accordance with section 18 of the Office of Federal 

18 Procurement Policy Act (41 U.S.C. 416) and section 8(e) 

19 of the Small Business Act (15 U.S.C. 637(e)).’’; and 

20 (B) by striking subsection (f) and inserting 

21 the following: 

22 ‘‘(f) LIMITATION ON CONTRACT PERIOD.—The base pe23 riod of a task order contract or delivery order contract en24 tered into under this section may not exceed five years un25 less a longer period is specifically authorized in a law that 

26 is applicable to such contract. The contract may be extended 
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1 for an additional 5 years (for a total contract period of 

2 not more than 10 years) through modifications, options, or 

3 otherwise.’’; and 

4 (2) in section 2304b—

5 (A) by striking subsection (a) and inserting 

6 the following: 

7 ‘‘(a) IN GENERAL.—A task order contract (as defined 

8 in section 2304d of this title) for procurement of advisory 

9 and assistance services shall be subject to the requirements 

10 of this section, sections 2304a and 2304c of this title, and 

11 other applicable provisions of law.’’; 

12 (B) by striking subsections (b), (f), and (g) 

13 and redesignating subsections (c), (d), (e), (h), 

14 and (i) as subsections (b) through (f); 

15 (C) by amending subsection (c) (as redesig16 nated by subparagraph (B)) to read as follows: 

17 ‘‘(c) REQUIRED CONTENT OF CONTRACT.—A task 

18 order contract described in subsection (a) shall contain the 

19 same information that is required by section 2304a(b) to 

20 be included in the solicitation of offers for that contract.’’; 

21 and 

22 (D) in subsection (d) (as redesignated by 

23 subparagraph (B))—
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1 (i) in paragraph (1), by striking 

2 ‘‘under this section’’ and inserting ‘‘de3 scribed in subsection (a)’’; and 

4 (ii) in paragraph (2), by striking 

5 ‘‘under this section’’. 

6 (b) REPEALS.—(1) Subsection (g) of section 2306c of 

7 title 10, United States Code, is repealed. 

8 (2) Subsection (c) of section 811 of the Bob Stump Na9 tional Defense Authorization Act for Fiscal Year 2003 (Pub10 lic Law 107–314; 116 Stat. 2608) is repealed.

11 SEC. 805. ADDITIONAL AUTHORITIES RELATING TO OBTAIN12 ING PERSONAL SERVICES. 

13 (a) IN GENERAL.—Section 129b of title 10, United 

14 States Code, is amended—

15 (1) in subsection (a)(1), by striking ‘‘in accord16 ance with section 3109 of title 5’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(d) ADDITIONAL AUTHORITY.—(1) In addition to the 

20 authority provided under subsection (a), the Secretary of 

21 Defense may enter into personal services contracts with in22 dividuals, regardless of their nationality, outside of the 

23 United States. 

24 ‘‘(2) The contracting officer for a personal services con25 tract shall be responsible for ensuring that a personal serv-
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1 ices contract is the appropriate vehicle for carrying out the 

2 purpose of the contract.’’. 

3 (b) INTELLIGENCE COMPONENTS.—(1) Subchapter I of 

4 chapter 21 of title 10, United States Code, is amended by 

5 adding at the end the following new section:

6 ‘‘§ 426. Personal services contracts: authority and lim7 itations 

8 ‘‘(a) PERSONAL SERVICES.—(1) The Secretary of De9 fense may, notwithstanding section 3109 of title 5, enter 

10 into personal services contracts in the United States if the 

11 personal services directly support the mission of a defense 

12 intelligence component or counter-intelligence organization. 

13 ‘‘(2) The contracting officer for a personal services con14 tract shall be responsible for ensuring that a personal serv15 ices contract is the appropriate vehicle for carrying out the 

16 purpose of the contract.

17 ‘‘(b) DEFINITION.—In this section, the term ‘defense 

18 intelligence component’ means a component of the Depart19 ment of Defense that is an element of the intelligence com20 munity, as defined in section 3(4) of the National Security 

21 Act of 1947 (50 U.S.C. 401a(4)).’’.

22 (2) The table of sections at the beginning of such sub23 chapter is amended by adding at the end the following new 

24 item:

‘‘426. Personal services contracts: authority and limitations.’’.
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1 (c) SPECIAL OPERATIONS COMMAND.—Section 167 of 

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

3 end the following new subsection: 

4 ‘‘(l) PERSONAL SERVICES CONTRACTS.—(1) The Sec5 retary of Defense may, notwithstanding section 3109 of title 

6 5, enter into personal services contracts in the United States 

7 if the personal services directly support the mission of the 

8 special operations command. 

9 ‘‘(2) The contracting officer for a personal services con10 tract shall be responsible for ensuring that a personal serv11 ices contract is the appropriate vehicle for carrying out the 

12 purpose of the contract.’’.

13 SEC. 806. EVALUATION OF PROMPT PAYMENT PROVISIONS. 

14 (a) EVALUATION REQUIREMENT.—The Secretary of 

15 Defense shall evaluate provisions of law and regulation re16 lating to the prompt payment of amounts due contractors 

17 under contracts with the Department of Defense. 

18 (b) MATTERS COVERED.—In carrying out such evalua19 tion, the Secretary shall focus in particular on the imple20 mentation of prompt payment provisions with respect to 

21 small businesses, including—

22 (1) an analysis of compliance by the Department 

23 of Defense with chapter 39 of title 31, United States 

24 Code, and regulations applicable to the Department of 
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1 Defense under that chapter, with respect to small 

2 business contractors; 

3 (2) a determination of the number of Depart4 ment of Defense contracts with small businesses that 

5 are not in compliance with prompt payment require6 ments; and 

7 (3) a determination of the average length of time 

8 that elapses between performance of work by small 

9 business contractors under Department of Defense 

10 contracts and payment for such work.

11 Subtitle B—United States Defense 

12 Industrial Base Provisions

13 Part I—Critical Items Identification and Domestic 

14 Production Capabilities Improvement Program

15 SEC. 811. ASSESSMENT OF UNITED STATES DEFENSE IN16 DUSTRIAL BASE CAPABILITIES. 

17 (a) ASSESSMENT PROGRAM.—The Secretary of De18 fense, in coordination with the Secretary of each military 

19 department, shall establish a program to assess the capabili20 ties of the United States defense industrial base to produce 

21 military systems necessary to support national security re22 quirements. 

23 (b) DESIGNEE.—The Secretary of each military de24 partment shall designate a position to be responsible for as25 sisting in carrying out the program under subsection (a) 
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1 with respect to the military department concerned. The per2 son designated to serve in such position shall do the fol3 lowing: 

4 (1) Report to the Service Acquisition Executive 

5 of the military department concerned on defense in6 dustrial base matters affecting the acquisition and 

7 production of military systems. 

8 (2) Provide information to assist the Secretary of 

9 Defense in carrying out the Secretary’s duties as a 

10 member of the National Defense Technology and In11 dustrial Base Council (as established under section 

12 2502 of title 10, United States Code). 

13 (3) Oversee the collection of data to assist the 

14 Secretary of Defense in carrying out subsection (c). 

15 (4) Oversee the process for identifying and deter16 mining critical items to assist the Secretary of De17 fense in carrying out section 812. 

18 (c) COLLECTION OF DATA.—The Secretary of Defense 

19 shall collect data in support of the program. At a min20 imum, with respect to each procurement for a covered mili21 tary system, the following information shall be collected: 

22 (1) With respect to the contractor awarded the 

23 contract: 

24 (A) An identification of the critical item or 

25 items included in the covered military system 
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1 and whether the item is of a domestic or foreign 

2 source. 

3 (B) Whether the contractor is a foreign con4 tractor, and, if so—

5 (i) whether the contract was awarded 

6 on a sole source basis because of the un7 availability of responsible offerors with 

8 United States production capabilities; or 

9 (ii) whether the contract was awarded 

10 after receipt of offers from responsible 

11 offerors with United States production ca12 pabilities. 

13 (C) Whether the contractor is a United 

14 States contractor, and, if the contractor plans to 

15 perform work under the contract outside the 

16 United States, an identification of the locations 

17 where the work (including research, development, 

18 and manufacturing) will be performed. 

19 (2) With respect to the offerors submitting bids 

20 or proposals (other than the offeror awarded the con21 tract): 

22 (A) An identification of the critical item or 

23 items included in the covered military system 

24 and whether the item is of a domestic or foreign 

25 source. 
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1 (B) An identification of the domestic and 

2 foreign offerors and the locations where the work 

3 (including research, development, and manufac4 turing) was proposed to be performed under the 

5 contract. 

6 (C) A statement of whether there were no 

7 offerors or whether there was only one offeror. 

8 (d) CONFIDENTIALITY.—The Secretary of Defense shall 

9 make every effort to ensure that the information collected 

10 under this section from private sector entities remains con11 fidential. 

12 (e) ASSESSMENT.—The Secretary of Defense shall pre13 pare an assessment of the data compiled under this section 

14 during every two-year period and shall submit the results 

15 of the assessment to the Committees on Armed Services of 

16 the Senate and the House of Representatives. The first such 

17 assessment shall cover the period of fiscal Year 2002 and 

18 fiscal Year 2003 and shall be submitted to the Committees 

19 no later than November 1, 2004. 

20 SEC. 812. IDENTIFICATION OF CRITICAL ITEMS: MILITARY 

21 SYSTEM BREAKOUT LIST. 

22 (a) IDENTIFICATION PROCESS.—The Secretary of De23 fense shall establish a process to identify, with respect to 

24 each military system—
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1 (1) the items and components within the mili2 tary system; 

3 (2) the items and components within the mili4 tary system that are essential, in accordance with 

5 subsection (c); and 

6 (3) the items and components within the mili7 tary system that are critical, in accordance with sub8 section (d). 

9 (b) MILITARY SYSTEM BREAKOUT LIST.—The Sec10 retary of Defense shall produce a list, to be known as the 

11 ‘‘military system breakout list’’, consisting of the items and 

12 components identified under the process established under 

13 subsection (a). 

14 (c) ESSENTIAL ITEMS AND COMPONENTS.—For pur15 poses of determining whether an item or component is es16 sential, the Secretary shall include only an item or compo17 nent that—

18 (1) is essential for the proper functioning and 

19 performance of the military system of which the item 

20 or component is a part; or 

21 (2) involves a critical technology (as defined in 

22 section 2500 of title 10, United States Code). 

23 (d) CRITICAL ITEMS OR COMPONENTS.—(1) For pur24 poses of determining whether an item or component is crit-
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1 ical, the Secretary shall include only an item or component 

2 that—

3 (A) is essential, as determined under subsection 

4 (c); and 

5 (B) with respect to which there is a high barrier 

6 to entry for the production of the item or component. 

7 (2) For purposes of paragraph (1)(B), a high barrier 

8 to entry for the production of an item or component means 

9 that—

10 (A) there would be a significant period of time 

11 required to reestablish United States production capa12 bilities; and 

13 (B) the level of investment necessary to reestab14 lish United States production capabilities that are 

15 able to meet surge and sustained production rates for 

16 wartime requirements is significant. 

17 (e) REPORT.—Not later than November 1 of each year, 

18 beginning with November 1, 2004, the Secretary of Defense 

19 shall submit to the Committees on Armed Services of the 

20 Senate and the House of Representatives a report on the 

21 implementation of this section. The report shall include the 

22 following: 

23 (1) A list of each military system covered by the 

24 process established under subsection (a). 
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1 (2) A list of items and components determined to 

2 be essential. 

3 (3) A list of items and components determined to 

4 be critical. 

5 (4) A list of the items and components contained 

6 in the lists provided under paragraphs (2) and (3) 

7 that are manufactured or produced outside the United 

8 States. 

9 SEC. 813. PROCUREMENT OF CERTAIN CRITICAL ITEMS 

10 FROM AMERICAN SOURCES. 

11 (a) REQUIREMENT FOR PROCUREMENT OF CERTAIN

12 CRITICAL ITEMS PRODUCED IN UNITED STATES.—With re13 spect to items that meet the criteria set forth in subsection 

14 (b), the Secretary of Defense may procure such items only 

15 if the items are entirely produced in the United States. 

16 (b) CRITERIA.—For purposes of subsection (a), an 

17 item meets the criteria of this subsection if—

18 (1) it is a critical item; and 

19 (2) there are limited sources of production capa20 bility of the item in the United States. 

21 (c) EXCEPTION.—Subsection (a) does not apply to a 

22 procurement of an item when the Secretary of Defense deter23 mines in writing that the Department of Defense’s need for 

24 the item is of such an unusual and compelling urgency that 

25 the United States would be seriously injured unless the De-
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1 partment is permitted to procure the item from sources out2 side the United States. 

3 (d) APPLICABILITY.—Subsection (a) shall apply to 

4 contracts for the procurement of covered military systems 

5 and subcontracts under such contracts. 

6 SEC. 814. PRODUCTION CAPABILITIES IMPROVEMENT FOR 

7 CERTAIN CRITICAL ITEMS USING DEFENSE 

8 INDUSTRIAL BASE CAPABILITIES FUND. 

9 (a) ESTABLISHMENT OF FUND.—There is established 

10 in the Treasury of the United States a separate fund to 

11 be known as the Defense Industrial Base Capabilities Fund 

12 (hereafter in this section referred to as the‘Fund’). 

13 (b) MONEYS IN FUND.—There shall be credited to the 

14 Fund amounts appropriated to it. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Fund $100,000,000 for 

17 fiscal year 2004. 

18 (d) USE OF FUND.—The Secretary of Defense is au19 thorized to use all amounts in the Fund, subject to appro20 priation, for the purposes of establishing capabilities within 

21 the United States to produce critical items that meet any 

22 of the following criteria: 

23 (1) The item is available only from foreign con24 tractors. 
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1 (2) The item is available only from a limited 

2 number of United States contractors. 

3 (e) LIMITATION ON USE OF FUND.—Before the obliga4 tion of any amounts in the Fund, the Secretary of Defense 

5 shall submit to Congress a report describing the Secretary’s 

6 plans for implementing the Fund established in subsection 

7 (a), including the priorities for the obligation of amounts 

8 in the Fund, the criteria for determining the recipients of 

9 such amounts, and the mechanisms through which such 

10 amounts may be provided to the recipients. 

11 (f) AVAILABILITY OF FUNDS.—Amounts in the Fund 

12 shall remain available until expended. 

13 (g) FUND MANAGER.—The Secretary of Defense shall 

14 designate a Fund manager. The duties of the Fund manager 

15 shall include—

16 (1) ensuring the visibility and accountability of 

17 transactions engaged in through the Fund; and 

18 (2) reporting to Congress each year regarding ac19 tivities of the Fund during the previous fiscal year.

20 Part II—Requirements Relating to Specific Items

21 SEC. 821. DOMESTIC SOURCE LIMITATION AMENDMENTS. 

22 (a) ADDITIONAL ITEMS.—Section 2534(a) of title 10, 

23 United States Code, is amended by adding at the end of 

24 the following new paragraphs: 

25 ‘‘(6) Fuzes used for ordnance. 
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1 ‘‘(7) Microwave power tubes or traveling wave 

2 tubes. 

3 ‘‘(8) PAN carbon fiber. 

4 ‘‘(9) Aircraft tires. 

5 ‘‘(10) Ground vehicle tires. 

6 ‘‘(11) Tank track assemblies. 

7 ‘‘(12) Tank track components. 

8 ‘‘(13) Packaging in direct contact with meals 

9 within meals ready-to-eat listed in Federal Supply 

10 Class 8970.’’. 

11 (b) AMENDMENT OF NATIONAL TECHNOLOGY AND IN12 DUSTRIAL BASE.—Paragraph (1) of section 2500 of title 

13 10, United States Code, is amended—

14 (1) by striking all that follows after ‘‘States’’ to 

15 the end of the paragraph and inserting a period; and 

16 (2) by striking ‘‘production, or maintenance’’ 

17 and inserting ‘‘production, and maintenance’’. 

18 (c) AMENDMENT OF WAIVER AUTHORITY.—Section 

19 2534(d) of title 10, United States Code, is amended—

20 (1) in the text before paragraph (1), by inserting 

21 ‘‘in writing’’ after ‘‘determines’’; 

22 (2) by striking paragraphs (1), (2), (3), (6), (7), 

23 and (8); 

24 (3) by redesignating paragraphs (4) and (5) as 

25 paragraphs (2) and (3), respectively, and in such 
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1 paragraph (3), as so redesignated, by adding at the 

2 end the following: ‘‘This exception shall not apply to 

3 items determined to be critical by the Secretary of De4 fense under section 812 of the National Defense Au5 thorization Act for Fiscal Year 2004.’’; and 

6 (4) by inserting before paragraph (2), as so re7 designated, the following new paragraph (1): 

8 ‘‘(1) The Department of Defense’s need for the 

9 item is of such an unusual and compelling urgency 

10 that the United States would be seriously injured un11 less the Department is permitted to procure the item 

12 from sources outside the United States.’’.

13 SEC. 822. REQUIREMENTS RELATING TO BUYING COMMER14 CIAL ITEMS CONTAINING SPECIALTY METALS 

15 FROM AMERICAN SOURCES. 

16 (a) SPECIALTY METALS AND OTHER INDUSTRIAL

17 BASE PROTECTION MEASURES.—(1) Subsection (b) of sec18 tion 2533a of title 10, United States Code, is amended—

19 (A) in paragraph (1)(B), by inserting before the 

20 semicolon the following: ‘‘and the materials and com21 ponents thereof’’; and 

22 (B) in paragraph (2), by inserting before the pe23 riod the following: ‘‘ and any specialty metal that 

24 may be part of another item’’. 

25 (2) Subsection (c) is amended—
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1 (A) by striking ‘‘or the Secretary of the military 

2 department concerned’’; and 

3 (B) by adding at the end the following: ‘‘For 

4 each such determination, the Secretary of Defense 

5 shall notify Congress in writing of the factors sup6 porting the determination.’’. 

7 (3) Section 2533a of such title is amended by adding 

8 at the end the following new subsection: 

9 ‘‘(l) AUTHORITY NOT DELEGABLE.—The Secretary 

10 may not delegate any authority under this section to any11 one other than the Under Secretary of Defense for Acquisi12 tion, Technology, and Logistics.’’. 

13 (b) EXCEPTION TO BERRY AMENDMENT FOR COMMER14 CIAL ITEMS CONTAINING SPECIALTY METALS.—Section 

15 2533a of title 10, United States Code, is amended—

16 (1) by redesignating subsections (i) and (j) as 

17 subsections (j) and (k), respectively; and 

18 (2) by inserting after subsection (h) the following 

19 new subsection: 

20 ‘‘(i) EXCEPTION FOR COMMERCIAL ITEMS CONTAINING

21 SPECIALTY METALS.—

22 ‘‘(1) IN GENERAL.—Subsection (a) does not 

23 apply to the procurement of a commercial item con24 taining specialty metals if—
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1 ‘‘(A) the contractor agrees to comply with 

2 the requirement set forth in paragraph (2); or 

3 ‘‘(B) the Secretary of Defense determines in 

4 writing that the Department of Defense’s need 

5 for the commercial item containing specialty 

6 metal is of such an unusual and compelling ur7 gency that the United States would be seriously 

8 injured unless the Department is permitted to 

9 procure the item containing specialty metal from 

10 outside the United States. 

11 ‘‘(2) REQUIREMENT TO PURCHASE EQUIVALENT

12 AMOUNT OF DOMESTIC METAL.—For purposes of 

13 paragraph (1)(A), the requirement set forth in this 

14 paragraph is that the contractor for each contract en15 tered into by the Secretary for the procurement of a 

16 commercial item containing specialty metal agrees to 

17 purchase, over the 18-month period beginning on the 

18 date of award of the contract, an amount of specialty 

19 metal that is—

20 ‘‘(A) produced, including such functions as 

21 melting and smelting, in the United States; and 

22 ‘‘(B) equivalent to—

23 ‘‘(i) the amount of specialty metal 

24 (measured by factors including volume, 

25 type, and grade) purchased to carry out the 
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1 work under the contract (including the work 

2 under each subcontract at any tier under 

3 the contract); plus 

4 ‘‘(ii) 10 percent of the amount referred 

5 to in clause (i). 

6 ‘‘(3) RELATIONSHIP TO OTHER EXCEPTIONS.—

7 The exceptions under subsections (c), (d), and (h) of 

8 this section shall not apply to the procurement of a 

9 commercial item containing specialty metals.

10 ‘‘(4) NOTICE TO CONGRESS.—The Secretary of 

11 Defense shall not enter into a contract to procure a 

12 commercial item containing specialty metal pursuant 

13 to the exception in subsection (a) until Congress is 

14 notified that the Secretary has applied the exception 

15 and a period of 15 days has expired after such notifi16 cation is made. 

17 ‘‘(5) NOTICE TO INDUSTRY.—The Secretary of 

18 Defense shall publish a notice in the Federal Register 

19 on the method that the Department of Defense will use 

20 to measure an equivalent amount of specialty metal 

21 for purposes of this subsection. Such a method shall 

22 consider factors such as volume, type, and grade of 

23 specialty metal that otherwise would be produced 

24 from United States sources.’’. 
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1 (c) REMOVAL OF SPECIALTY METAL FROM SUB2 SECTION (e) EXCEPTION.—Subsection (e) of such section is 

3 amended—

4 (1) in the heading, by striking ‘‘SPECIALTY MET5 ALS AND’’; and 

6 (2) by striking ‘‘specialty metals or’’. 

7 (d) CONFORMING AMENDMENT.—Subsection (a) of sec8 tion 2533a of such title is amended by striking ‘‘through 

9 (h)’’ and inserting ‘‘through (i)’’. 

10 (e) EFFECTIVE DATE.—Section 2533a(i) of title 10, 

11 United States Code, as added by subsection (a), shall apply 

12 to each contract for the procurement of a commercial item 

13 containing specialty metal entered into before, on, or after 

14 the date of the enactment of this Act. 

15 SEC. 823. ELIMINATION OF UNRELIABLE SOURCES OF DE16 FENSE ITEMS AND COMPONENTS. 

17 (a) IDENTIFICATION OF CERTAIN COUNTRIES.—The 

18 Secretary of Defense shall identify foreign countries that, 

19 by law, policy, or regulation, restricted the provision or sale 

20 of military goods or services to the United States because 

21 of United States policy toward, or military operations in, 

22 Iraq since September 12, 2002. 

23 (b) PROHIBITION ON PROCUREMENT OF CERTAIN

24 ITEMS FROM IDENTIFIED COUNTRIES.—The Secretary of 

25 Defense may not procure any items or components con-
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1 tained in military systems if the items or components, or 

2 the systems, are manufactured in any foreign country iden3 tified under subsection (a). 

4 (c) WAIVER AUTHORITY.—The Secretary of Defense 

5 may waive the limitation in subsection (b) if the Secretary 

6 determines in writing and notifies Congress that the De7 partment of Defense’s need for the item is of such an un8 usual and compelling urgency that the United States would 

9 be seriously injured unless the Department is permitted to 

10 procure the item from the sources identified in subsection 

11 (a). 

12 (d) EFFECTIVE DATE.—(1) Subject to paragraph (2), 

13 subsection (b) applies to contracts in existence on the date 

14 of the enactment of this Act or entered into after such date. 

15 (2) With respect to contracts in existence on the date 

16 of the enactment of this Act, the Secretary of Defense shall 

17 take such action as is necessary to ensure that such con18 tracts are in compliance with subsection (b) not later than 

19 24 months after such date.

20 SEC. 824. CONGRESSIONAL NOTIFICATION REQUIRED BE21 FORE EXERCISING EXCEPTION TO REQUIRE22 MENT TO BUY SPECIALTY METALS FROM 

23 AMERICAN SOURCES. 

24 Section 2533a(c) of title 10, United States Code, is 

25 amended by adding at the end the following new sentence: 
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1 ‘‘The Secretary of Defense or the Secretary of the military 

2 department concerned may not procure specialty metals 

3 pursuant to the exception authorized by this subsection 

4 until the Secretary submits to Congress and publishes in 

5 the Federal Register notice of the determination made under 

6 this subsection and a period of 15 days expires after the 

7 date such notification is submitted.’’.

8 SEC. 825. REPEAL OF AUTHORITY FOR FOREIGN PROCURE9 MENT OF PARA-ARAMID FIBERS AND YARNS. 

10 Section 807 of the Strom Thurmond National Defense 

11 Authorization Act for Fiscal Year 1999 (Public Law 105–

12 261; 112 Stat. 2084) is repealed.

13 SEC. 826. REQUIREMENT FOR MAJOR DEFENSE ACQUISI14 TION PROGRAMS TO USE MACHINE TOOLS 

15 ENTIRELY PRODUCED WITHIN THE UNITED 

16 STATES. 

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

18 States Code, is amended by inserting after section 2435 the 

19 end the following new section:

20 ‘‘§ 2436. Major defense acquisition programs: require21 ment for certain items to be entirely pro22 duced in United States 

23 ‘‘The Secretary of Defense shall require that, for any 

24 procurement of a major defense acquisition program—
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1 ‘‘(1) the contractor for the procurement shall use 

2 only machine tools entirely produced within the 

3 United States to carry out the contract; and 

4 ‘‘(2) any subcontractor under the contract shall 

5 comply with paragraph (1) in the case of any con6 tract in an amount that is $5,000,000 or greater.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘2436. Major defense acquisition programs: requirement for certain items to be 

entirely produced in United States.’’.

9 (b) EFFECTIVE DATE.—Section 2436 of title 10, 

10 United States Code, as added by subsection (a), shall apply 

11 with respect to contracts entered into after the date occur12 ring four years after the date of the enactment of this Act.

13 Part III—General Provisions

14 SEC. 831. DEFINITIONS. 

15 In this subtitle: 

16 (1) COVERED MILITARY SYSTEM.—The term 

17 ‘‘covered military system’’ means a military system 

18 that includes one or more critical items. 

19 (2) MILITARY SYSTEM.—The term ‘‘military sys20 tem’’ means a military system necessary to support 

21 national security requirements, as determined by the 

22 Secretary of Defense, and which costs more than 

23 $25,000. At a minimum, the term includes the fol24 lowing: 
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1 (A) Weapons listed in Federal Supply 

2 Group 10. 

3 (B) Nuclear ordnance listed in Federal 

4 Supply Group 11. 

5 (C) Fire control equipment listed in Federal 

6 Supply Group 12. 

7 (D) Ammunition and explosives listed in 

8 Federal Supply Group 13. 

9 (E) Guided missiles listed in Federal Sup10 ply Group 14. 

11 (F) Aircraft and related components, acces12 sories, and equipment listed in Federal Supply 

13 Groups 15, 16, and 17. 

14 (G) Space vehicles listed in Federal Supply 

15 Group 18. 

16 (H) Ships, small craft, pontoons, and float17 ing docks listed in Federal Supply Group 19. 

18 (I) Ship and marine equipment listed in 

19 Federal Supply Group 20. 

20 (J) Tracked combat vehicles listed in Fed21 eral Supply Class 2350. 

22 (K) Engines, turbines, and components list23 ed in Federal Supply Group 28. 
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1 (3) CRITICAL ITEM.—The term ‘‘critical item’’ 

2 means an item or component determined to be critical 

3 by the Secretary of Defense under section 812. 

4 (4) ITEM.—The term ‘‘item’’ means an end item. 

5 (5) COMPONENT.—The term ‘‘component’’ means 

6 an article, material, or supply incorporated into an 

7 end item. The term includes software and subassem8 blies. 

9 (6) FOREIGN CONTRACTOR.—The term ‘‘foreign 

10 contractor’’ means a contractor or subcontractor orga11 nized or existing under the laws of a country other 

12 than the United States. 

13 (7) UNITED STATES CONTRACTOR.—The term 

14 ‘‘United States contractor’’ means a contractor or 

15 subcontractor organized or existing under the laws of 

16 the United States. 

17 (8) UNITED STATES PRODUCTION CAPABILI18 TIES.—The term ‘‘United States production capabili19 ties’’ means, with respect to an item or component, 

20 facilities located in the United States to design, de21 velop, or manufacture the item or component.
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1 TITLE IX—DEPARTMENT OF

2 DEFENSE ORGANIZATION 

3 AND MANAGEMENT

4 SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY 

5 TO SECRETARY OF THE NAVY AND MARINE 

6 CORPS. 

7 (a) CHANGE IN TITLE.—The position of the Secretary 

8 of the Navy is hereby redesignated as the Secretary of the 

9 Navy and Marine Corps. 

10 (b) REFERENCES.—Any reference to the Secretary of 

11 the Navy in any law, regulation, document, record, or other 

12 paper of the United States shall be considered to be a ref13 erence to the Secretary of the Navy and Marine Corps.

14 SEC. 902. REDESIGNATION OF NATIONAL IMAGERY AND 

15 MAPPING AGENCY AS NATIONAL 

16 GEOSPATIAL-INTELLIGENCE AGENCY. 

17 (a) REDESIGNATION.—The National Imagery and 

18 Mapping Agency of the Department of Defense is hereby 

19 redesignated as the National Geospatial-Intelligence Agen20 cy. 

21 (b) DEFINITION OF GEOSPATIAL INTELLIGENCE.—Sec22 tion 467 of title 10, United States Code, is amended by add23 ing at the end the following new paragraph: 

24 ‘‘(5) The term ’geospatial intelligence’ means the 

25 exploitation and analysis of imagery and geospatial 
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1 information to describe, assess, and visually depict 

2 physical features and geographically referenced activi3 ties on the earth. Geospatial intelligence consists of 

4 imagery, imagery intelligence, and geospatial infor5 mation.’’. 

6 (c) AGENCY MISSIONS.—(1) Section 442(a) of title 10, 

7 United States Code, is amended—

8 (A) in paragraph (1), by inserting ‘‘geospatial 

9 intelligence consisting of’’ after ‘‘provide’’; and 

10 (B) in paragraph (2), by striking ‘‘Imagery, 

11 intelligency, and information’’ and inserting 

12 ‘‘Geospatial intelligence’’. 

13 (2) Section 110(a) of the National Security Act of 1947 

14 (50 U.S.C. 404e(a)) is amended by striking ‘‘imagery’’ and 

15 inserting ‘‘geospatial intelligence’’. 

16 (d) CONFORMING AMENDMENTS TO TITLE 10, UNITED

17 STATES CODE.—Title 10, United States Code, is amended 

18 as follows: 

19 (1) The heading of chapter 22 is amended to 

20 read as follows: 

21 ‘‘CHAPTER 22—NATIONAL GEOSPATIAL22 INTELLIGENCE AGENCY’’. 

23 (2) Chapter 22 is amended—

24 (A) by striking ‘‘National Imagery and 

25 Mapping Agency’’ each place it appears and in-
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1 serting ‘‘National Geospatial-Intelligence Agen2 cy’’; and 

3 (B) in section 453(b), by striking ‘‘NIMA’’ 

4 in paragraphs (1) and (2) and inserting ‘‘NGA’’. 

5 (3) Section 193 is amended—

6 (A) by striking ‘‘National Imagery and 

7 Mapping Agency’’ in subsections (d)(1), (d)(2), 

8 (e), and (f)(4) and inserting ‘‘National 

9 Geospatial-Intelligence Agency’’; 

10 (B) in the heading for subsection (d), by 

11 striking ‘‘NATIONAL IMAGERY AND MAPPING

12 AGENCY’’ and inserting ‘‘NATIONAL

13 GEOSPATIAL-INTELLIGENCE AGENCY’’; and 

14 (C) in the heading for subsection (e), by 

15 striking ‘‘NIMA’’ and inserting ‘‘NGA’’. 

16 (4) Section 201 is amended by striking ‘‘Na17 tional Imagery and Mapping Agency’’ in subsections 

18 (b)(2)(C) and (c)(2)(C) and inserting ‘‘National 

19 Geospatial-Intelligence Agency’’. 

20 (5)(A) Section 424 is amended by striking ‘‘Na21 tional Imagery and Mapping Agency’’ in subsection 

22 (b)(3) and inserting ‘‘National Geospatial-Intelligence 

23 Agency’’. 

24 (B)(i) The heading of such section is amended to 

25 read as follows: 
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1 ‘‘§ 424. Disclosure of organizational and personnel in2 formation: exemption for specified intel3 ligence agencies’’. 

4 (ii) The item relating to that section in the table 

5 of sections at the beginning of subchapter I of chapter 

6 21 is amended to read as follows:

‘‘424. Disclosure of organizational and personnel information: exemption for specified intelligence agencies.’’.

7 (6) Section 425(a) is amended by adding at the 

8 end the following new paragraph: 

9 ‘‘(5) The words ‘National Geospatial-Intelligence 

10 Agency’, the initials ’NGA,’ or the seal of the National 

11 Geospatial-Intelligence Agency.’’. 

12 (7) Section 1614(2)(C) is amended by striking 

13 ‘‘National Imagery and Mapping Agency’’ and insert14 ing ‘‘National Geospatial-Intelligence Agency’’. 

15 (8) The tables of chapters at the beginning of 

16 subtitle A, and at the beginning of part I of subtitle 

17 A, are each amended by striking ‘‘Imagery and Map18 ping’’ in the item relating to chapter 22 and insert19 ing ‘‘Geospatial-Intelligence’’. 

20 (e) CONFORMING AMENDMENTS TO NATIONAL SECU21 RITY ACT OF 1947.—The National Security Act of 1947 is 

22 amended as follows: 

23 (1) Section 3 (50 U.S.C. 401a) is amended by 

24 striking ‘‘National Imagery and Mapping Agency’’ in 
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1 paragraph (4)(E) and inserting ‘‘National 

2 Geospatial- Intelligence Agency’’. 

3 (2) Section 105 (50 U.S.C. 403–5) is amended 

4 by striking ‘‘National Imagery and Mapping Agency’’ 

5 in subsections (b)(2) and (d) and inserting ‘‘National 

6 Geospatial-Intelligence Agency’’. 

7 (3) Section 105A (50 U.S.C. 403–5a) is amended 

8 by striking ‘‘National Imagery and Mapping Agency’’ 

9 in subsection (b)(1)(C) and inserting ‘‘National 

10 Geospatial-Intelligence Agency’’. 

11 (4) Section 105C (50 U.S.C. 403-5c) is amend12 ed—

13 (A) by striking ‘‘National Imagery and 

14 Mapping Agency’’ each place it appears and in15 serting ‘‘National Geospatial-Intelligence Agen16 cy’’; 

17 (B) by striking ‘‘NIMA’’ each place it ap18 pears and inserting ‘‘NGA’’; and 

19 (C) by striking ‘‘NATIONAL IMAGERY AND

20 MAPPING AGENCY’’ in the section heading and in21 serting ‘‘NATIONAL GEOSPATIAL-INTELLIGENCE

22 AGENCY’’. 

23 (5) Section 106 (50 U.S.C. 403–6) is amended 

24 by striking ‘‘National Imagery and Mapping Agency’’ 
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1 in subsection (a)(2)(C) and inserting ‘‘National 

2 Geospatial-Intelligence Agency’’. 

3 (6) Section 110 (50 U.S.C. 404e) is amended—

4 (A) by striking ‘‘National Imagery and 

5 Mapping Agency’’ in subsections (a), (b), and (c) 

6 and inserting ‘‘National Geospatial-Intelligence 

7 Agency’’; and 

8 (B) by striking ‘‘NATIONAL IMAGERY AND

9 MAPPING AGENCY’’ in the section heading and in10 serting ‘‘NATIONAL GEOSPATIAL-INTELLIGENCE

11 AGENCY’’. 

12 (7) The table of contents in the first section is 

13 amended—

14 (A) by striking the item relating to section 

15 105C and inserting the following:

‘‘Sec. 105C. Protection of operational files of National Geospatial-Intelligence 

Agency.’’;

16 and 

17 (B) by striking the item relating to section 

18 110 and inserting the following:

‘‘Sec. 110. National mission of National Geospatial-Intelligence Agency.’’.

19 (f) CROSS REFERENCE CORRECTION.—Section 442(d) 

20 of title 10, United States Code, is by striking ‘‘section 

21 120(a) of the National Security Act of 1947’’ and inserting 

22 ‘‘section 110(a) of the National Security Act of 1947 (50 

23 U.S.C. 404e(a))’’.
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1 (g) REFERENCES.—Any reference to the National Im2 agery and Mapping Agency in any law, regulation, map, 

3 document, record, or other paper of the United States shall 

4 be considered to be a reference to the National Geospatial5 Intelligence Agency.

6 SEC. 903. PILOT PROGRAM FOR PROVISION OF SPACE SUR7 VEILLANCE NETWORK SERVICES TO NON8 UNITED STATES GOVERNMENTAL ENTITIES. 

9 (a) IN GENERAL.—Chapter 135 of title 10, United 

10 States Code, is amended by adding at the end the following 

11 new section: 

12 ‘‘§ 2272. Space surveillance network: pilot program for 

13 provision of satellite tracking support to 

14 entities outside Unites States Government 

15 ‘‘(a) PILOT PROGRAM.—The Secretary of Defense may 

16 carry out a pilot program to determine the feasibility and 

17 desirability of providing to non-United States Govern18 mental entities space surveillance data support described in 

19 subsection (b). 

20 ‘‘(b) SPACE SURVEILLANCE DATA SUPPORT.—Under 

21 such a pilot program, the Secretary may provide to a non22 United States Governmental entity, subject to an agreement 

23 described in subsection (c), the following: 

24 ‘‘(1) Satellite tracking services from assets owned 

25 or controlled by the Department of Defense, but only 
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1 if the Secretary determines, in the case of any such 

2 agreement, that providing such services to that entity 

3 is in the national security interests of the United 

4 States. 

5 ‘‘(2) Space surveillance data and the analysis of 

6 space surveillance data, but only if the Secretary de7 termines, in the case of any such agreement, that pro8 viding such data and analysis to that entity is in the 

9 national security interests of the United States. 

10 ‘‘(c) REQUIRED AGREEMENT.—The Secretary may not 

11 provide space surveillance data support to a non-United 

12 States Governmental entity under the pilot program unless 

13 that entity enters into an agreement with the Secretary 

14 under which the entity—

15 ‘‘(1) agrees to pay an amount that may be 

16 charged by the Secretary under subsection (f); and 

17 ‘‘(2) agrees not to transfer any data or technical 

18 information received under the agreement, including 

19 the analysis of tracking data, to any other entity 

20 without the Secretary’s express approval. 

21 ‘‘(d) REQUIREMENTS WITH RESPECT TO FOREIGN

22 TRANSACTIONS.—(1) The Secretary may enter into an 

23 agreement under subsection (c) to provide space surveillance 

24 data support to a foreign government or other foreign entity 

25 only with the concurrence of the Secretary of State. 
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1 ‘‘(2) In the case of such an agreement that is entered 

2 into with a foreign government or other foreign entity, the 

3 Secretary of Defense may provide approval under sub4 section (c)(2) for a transfer of data or technical information 

5 only with the concurrence of the Secretary of State. 

6 ‘‘(e) PROHIBITION CONCERNING PROVISION OF INTEL7 LIGENCE ASSETS OR DATA.—Nothing in this section shall 

8 be considered to authorize the provision of services or infor9 mation concerning, or derived from, United States intel10 ligence assets or data. 

11 ‘‘(f) CHARGES.—As a condition of an agreement under 

12 subsection (c), the Secretary of Defense may require the 

13 non-United States Governmental entity entering into the 

14 agreement to pay to the Department of Defense—

15 ‘‘(1) such amounts as the Secretary determines to 

16 be necessary to reimburse the Department of Defense 

17 for the costs to the Department of providing space 

18 surveillance data support under the agreement; and 

19 ‘‘(2) any other amount or fee that the Secretary 

20 may prescribe 

21 ‘‘(g) CREDITING OF FUNDS RECEIVED.—Funds re22 ceived pursuant to an agreement under this section shall 

23 be credited to accounts of the Department of Defense that 

24 are current when the proceeds are received and that are 

25 available for the same purposes as the accounts originally 
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1 charged to perform the services. Funds so credited shall 

2 merge with and become available for obligation for the same 

3 period as the accounts to which they are credited. 

4 ‘‘(h) PROCEDURES.—The Secretary shall establish pro5 cedures for the conduct of the pilot program. As part of those 

6 procedures, the Secretary may allow space surveillance data 

7 and analytical support to be provided through a contractor 

8 of the Department of Defense. 

9 ‘‘(i) DURATION OF PILOT PROGRAM.—The pilot pro10 gram under this section shall be conducted during the three11 year period beginning on a date specified by the Secretary 

12 of Defense, which date shall be not later than 180 days after 

13 the date of the enactment of this section.’’. 

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

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

16 end the following new item:

‘‘2272. Space surveillance network: pilot program for provision of satellite tracking services and data to entities outside Unites States Government.’’.

17 SEC. 904. CLARIFICATION OF RESPONSIBILITY OF MILITARY 

18 DEPARTMENTS TO SUPPORT COMBATANT 

19 COMMANDS. 

20 Sections 3013(c)(4), 5013(c)(4), and 8013(c)(4) of title 

21 10, United States Code, are each amended by striking ‘‘(to 

22 the maximum extent practicable)’’.
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1 SEC. 905. BIENNIAL REVIEW OF NATIONAL MILITARY 

2 STRATEGY BY CHAIRMAN OF THE JOINT 

3 CHIEFS OF STAFF. 

4 (a) BIENNIAL REVIEW.—Section 153 of title 10, 

5 United States Code, by adding at the end the following new 

6 subsection: 

7 ‘‘(d) BIENNIAL REVIEW OF NATIONAL MILITARY

8 STRATEGY.—(1) Not later then February 15 of each even9 numbered year, the Chairman shall submit to the Com10 mittee on Armed Services of the Senate and the Committee 

11 on Armed Services of the House of Representatives a report 

12 containing the results of a comprehensive examination of 

13 the national military strategy. Each such examination 

14 shall be conducted by the Chairman in conjunction with 

15 the other members of the Joint Chiefs of Staff and the com16 manders of the unified and specified commands. 

17 ‘‘(2) Each report on the examination of the national 

18 military strategy under paragraph (1) shall include the fol19 lowing: 

20 ‘‘(A) Delineation of a national military strategy 

21 consistent with the most recent National Security 

22 Strategy prescribed by the President pursuant to sec23 tion 108 of the National Security Act of 1947 (50 

24 U.S.C. 404a) and the most recent Quadrennial De25 fense Review prescribed by the Secretary of Defense 

26 pursuant to section 118 of this title. 
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1 ‘‘(B) A description of the strategic environment 

2 and the opportunities and challenges that affect 

3 United States national interests and United States 

4 national security. 

5 ‘‘(C) A description of the regional threats to 

6 United States national interests and United States 

7 national security. 

8 ‘‘(D) A description of the international threats 

9 posed by terrorism, weapons of mass destruction, and 

10 asymmetric challenges to United States national secu11 rity. 

12 ‘‘(E) Identification of United States national 

13 military objectives and the relationship of those objec14 tives to the strategic environment, regional, and inter15 national threats. 

16 ‘‘(F) Identification of the strategy, underlying 

17 concepts, and component elements that contribute to 

18 the achievement of United States national military 

19 objectives. 

20 ‘‘(G) Assessment of the capabilities and adequacy 

21 of United States forces (including both active and re22 serve components) to successfully execute the national 

23 military strategy. 

24 ‘‘(H) Assessment of the capabilities, adequacy, 

25 and interoperability of regional allies of the United 
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1 States and or other friendly nations to support 

2 United States forces in combat operations and other 

3 operations for extended periods of time. 

4 ‘‘(I) Assessment of the resources, basing require5 ments, and support structure needed to provide the 

6 capabilities necessary to be assured United States 

7 forces can successfully achieve national military objec8 tives and to assess what resources and support might 

9 be required to sustain allies or friendly nation forces 

10 during combat operations. 

11 ‘‘(3)(A) As part of the assessment under this sub12 section, the Chairman, in conjunction with the other mem13 bers of the Joint Chiefs of Staff and the commanders of the 

14 unified and specified commands, shall undertake an assess15 ment of the nature and magnitude of the strategic and mili16 tary risks associated with successfully executing the mis17 sions called for under the current National Military Strat18 egy. 

19 ‘‘(B) In preparing the assessment of risk, the Chair20 man should assume the existence of those threats described 

21 in subparagraphs (C) and (D) of paragraph (2) and should 

22 assess the risk associated with two regional threats occur23 ring nearly simultaneously. 

24 ‘‘(C) In addition to the assumptions to be made under 

25 subparagraph (B), the Chairman should make other as-
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1 sumptions pertaining to the readiness of United States 

2 forces (in both the active and reserve components), the 

3 length of conflict and the level of intensity of combat oper4 ations, and the levels of support from allies and other 

5 friendly nations. 

6 ‘‘(4) Before submitting a report under this subsection 

7 to the Committees on Armed Services of the Senate and 

8 House of Representatives, the Chairman shall provide the 

9 report to the Secretary of Defense. The Secretary’s assess10 ment and comments thereon (if any) shall be included with 

11 the report. If the Chairman’s assessment in such report in 

12 any year is that the risk associated with executing the mis13 sions called for under the National Military Strategy is sig14 nificant, the Secretary shall include with the report as sub15 mitted to those committees the Secretary’s plan for miti16 gating the risk.’’. 

17 (b) CONFORMING AMENDMENT.—Subsection (b)(1) of 

18 such section is amended by striking ‘‘each year’’ and insert19 ing ‘‘of each odd-numbered year’’.

20 SEC. 906. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC 

21 CENTER FOR SECURITY STUDIES OF GIFTS 

22 AND DONATIONS FROM NONFOREIGN 

23 SOURCES. 

24 (a) AUTHORITY.—Subsection (a) of section 2611 of 

25 title 10, United States Code, is amended—
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1 (1) by striking ‘‘FOREIGN’’ in the subsection cap2 tion; 

3 (2) by striking ‘‘foreign’’ in paragraph (1) after 

4 ‘‘Center,’’; and 

5 (3) by adding at the end of paragraph (1) the 

6 following sentence: ‘‘Such gifts and donations may be 

7 accepted from any agency of the United States, any 

8 State or local government, any foreign government, 

9 any foundation or other charitable organization (in10 cluding any that is organized or operates under the 

11 laws of a foreign country), or any other private 

12 source in the United States or a foreign country.’’. 

13 (b) CONFORMING AMENDMENTS.—Such section is fur14 ther amended 

15 (1) by striking ‘‘foreign’’ in subsection (c); and 

16 (2) in subsection (f)—

17 (A) by striking ‘‘FOREIGN’’ in the sub18 section caption; 

19 (B) by striking ‘‘foreign’’ after ‘‘section, a’’; 

20 and 

21 (C) by striking ‘‘from a foreign’’ and all 

22 that follows through ‘‘country.’’ and inserting a 

23 period. 

24 (c) CLERICAL AMENDMENTS.— The heading of such 

25 section, and the item relating to such section in the table 
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1 of sections at the beginning of chapter 155 of such title, 

2 are each amended by striking the third word after the colon.

3 SEC. 907. REPEAL OF ROTATING CHAIRMANSHIP OF ECO4 NOMIC ADJUSTMENT COMMITTEE. 

5 Section 4004(b) of the Defense Economic Adjustment, 

6 Diversification, Conversion, and Stabilization Act of 1990 

7 (division D of Public Law 101–510; 10 U.S.C. 2391 note) 

8 is amended—

9 (1) by striking ‘‘Until October 1, 1997, the’’ and 

10 inserting ‘‘The’’; and 

11 (2) by striking the second sentence.

12 SEC. 908. PILOT PROGRAM FOR IMPROVED CIVILIAN PER13 SONNEL MANAGEMENT. 

14 (a) PILOT PROGRAM.—(1) The Secretary of Defense 

15 may carry out a pilot program using an automated work16 force management system to demonstrate improved effi17 ciency in the performance of civilian personnel manage18 ment. 

19 (2) Under the pilot program, the Secretary of Defense 

20 shall provide the Secretary of each military department 

21 with the authority for the following: 

22 (A) To use an automated workforce management 

23 system for its civilian workforce to assess its potential 

24 to substantially reduce hiring cycle times, lower labor 

25 costs, increase efficiency, improve performance man-
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1 agement, provide better management reporting, and 

2 enable it to make operational new personnel manage3 ment flexibilities granted under the civilian personnel 

4 transformation program. 

5 (B) Identify one regional civilian personnel cen6 ter (or equivalent) in each military department for 

7 participation in the pilot program. 

8 (3) The Secretary may carry out the pilot program 

9 under this subsection at each selected regional civilian per10 sonnel center for a period of two years beginning not later 

11 than March 1, 2004. 

12 (b) PILOT PROGRAM CHARACTERISTICS.—The pilot 

13 program civilian personnel management system shall have 

14 at a minimum the following characteristics: 

15 (1) Currently in use by Federal government agencies 

16 outside the Department of Defense. 

17 (2) Able to be purchased on an annual subscription 

18 basis. 

19 (3) Requires no capital investment, software license 

20 fees, transaction charges, or ‘‘per seat’’ or ‘‘concurrent user’’ 

21 restrictions. 

22 (4) Capable of automating the workforce management 

23 functions of job definition, position management, recruit24 ment, staffing, and performance management using inte25 grated vendor-supplied and supported data, expert system 
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1 rules engines, and software functionality across those func2 tions. 

3 (5) Has a ‘‘native web’’ technical architecture and an 

4 Oracle database. 

5 (6) Fully hosted by the vendor so that the customer 

6 requires only Internet access and an Internet browser to 

7 use the system. 

8 (8) Capable of operating completely ‘‘server side’’ so 

9 that no software is required on the client system and no 

10 invasive elements are used. 

11 (c) IMPLEMENTATION PLAN.—(1) The Secretary shall 

12 submit to the Committee on Armed Services of the Senate 

13 and the Committee on Armed Services of the House of Rep14 resentatives a plan for the implementation of the pilot pro15 gram. The plan shall be submitted no later than six months 

16 after the date of the enactment of this Act. 

17 (2) The plan shall include the following: 

18 (A) The Secretary’s request to the Office of Per19 sonnel Management to conduct the pilot program as 

20 a Federal civilian personnel demonstration project 

21 under chapter 47 of title 5, United States Code, or a 

22 plan to provide for the pilot program through another 

23 plan. 

24 (B) The expected cost of the pilot program. 
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1 (C) Identification of the regional civilian per2 sonnel centers for participation in the pilot program 

3 and the criteria used to select them. 

4 (D) Expected timing for providing to Congress 

5 the results of the pilot program and recommendations 

6 of the Secretary. 

7 (d) IMPLEMENTATION.—The Secretary may not begin 

8 to implement the pilot program until a period of 30 days 

9 has elapsed after the date of the submission of the plan for 

10 the pilot program under subsection (c).

11 SEC. 909. EXTENSION OF CERTAIN AUTHORITIES APPLICA12 BLE TO THE PENTAGON RESERVATION TO IN13 CLUDE DESIGNATED PENTAGON CON14 TINUITY-OF-GOVERNMENT LOCATIONS. 

15 Section 2674 of title 10, United States Code, is amend16 ed by adding at the end the following new subsection: 

17 ‘‘(g) For purposes of subsections (b), (c), (d), and (e), 

18 the terms ‘Pentagon Reservation’ and ‘National Capital Re19 gion’ shall be treated as including the land and physical 

20 facilities at the Raven Rock Mountain Complex and such 

21 other areas of land, locations, and physical facilities of the 

22 Department of Defense within 100 miles of the District of 

23 Columbia as the Secretary of Defense determines are nec24 essary to meet the needs of the Department of Defense di-
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1 rectly relating to continuity of operations and continuity 

2 of government.’’.

3 SEC. 910. DEFENSE ACQUISITION WORKFORCE REDUC4 TIONS. 

5 (a) REVISED LIMITATION.—Subchapter V of chapter 

6 87 of title 10, United States Code, is amended by adding 

7 at the end the following new section: 

8 ‘‘§ 1765. Defense acquisition workforce: limitation 

9 ‘‘(a) LIMITATION.—Effective October 1, 2008, the num10 ber of defense acquisition and support personnel in the De11 partment of Defense may not exceed 75 percent of the base12 line number. 

13 ‘‘(b) PHASED REDUCTION.—The number of defense ac14 quisition and support personnel in the Department of De15 fense—

16 ‘‘(1) as of October 1, 2004, may not exceed 95 

17 percent of the baseline number; 

18 ‘‘(2) as of October 1, 2005, may not exceed 90 

19 percent of the baseline number; 

20 ‘‘(3) as of October 1, 2006, may not exceed 85 

21 percent of the baseline number; and 

22 ‘‘(4) as of October 1, 2007, may not exceed 80 

23 percent of the baseline number. 

24 ‘‘(c) BASELINE NUMBER.—In this section, the term 

25 ‘baseline number’ means the number of defense acquisition 
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1 and support personnel in the Department of Defense as of 

2 October 1, 2003. 

3 ‘‘(d) DEFENSE ACQUISITION AND SUPPORT PER4 SONNEL DEFINED.—In this section, the term ‘defense acqui5 sition and support personnel’ means military and civilian 

6 personnel (other than civilian personnel who are employed 

7 at a maintenance depot) who are assigned to, or employed 

8 in, acquisition organizations of the Department of Defense 

9 (as specified in Department of Defense Instruction num10 bered 5000.58 dated January 14, 1992), and any other or11 ganizations which the Secretary may determine to have a 

12 predominantly acquisition mission.’’. 

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

14 the beginning of such subchapter is amended by adding at 

15 the end the following new item:

‘‘1765. Defense acquisition workforce: limitation.’’.

16 SEC. 911. REQUIRED FORCE STRUCTURE. 

17 (a) ARMY.—Section 3062 of title 10, United States 

18 Code, is amended by adding at the end the following new 

19 subsection: 

20 ‘‘(e) The Army shall be so organized as to include not 

21 less than—

22 ‘‘(1) 10 active and eight National Guard combat 

23 divisions or their equivalents; 

24 ‘‘(2) one active armored cavalry regiment and 

25 one light cavalry regiment or their equivalents; 
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1 ‘‘(3) 15 National Guard enhanced brigades or 

2 their equivalents; and 

3 ‘‘(4) such other active and reserve component 

4 land combat, rotary-wing aviation, and other services 

5 as may be required to support forces specified in 

6 paragraphs (1) through (3).’’. 

7 (b) NAVY.—Section 5062 of such title is amended by 

8 adding at the end the following new subsection: 

9 ‘‘(d) The Navy, within the Department of the Navy, 

10 shall be so organized as to include—

11 ‘‘(1) not less than 305 vessels in active service; 

12 ‘‘(2) not less than 12 aircraft carrier battle 

13 groups or their equivalents, not less than 12 amphib14 ious ready groups or their equivalents, not less than 

15 55 attack submarines, not less than 108 active surface 

16 combatant vessels, and not less than 8 reserve combat17 ant vessels; and 

18 ‘‘(3) such other active and reserve naval combat, 

19 naval aviation, and service forces as may be required 

20 to support forces specified in paragraphs (1) and 

21 (2).’’. 

22 (c) AIR FORCE.—Section 8062 of title 10, United 

23 States Code, is amended by adding at the end the following 

24 new subsection: 
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1 ‘‘(g) Notwithstanding subsection (e), the Air Force 

2 shall be so organized as to include not less than—

3 ‘‘(1) 46 active fighter squadrons or their equiva4 lents; 

5 ‘‘(2) 38 National Guard and Reserve squadrons 

6 or their equivalents; 

7 ‘‘(3) 96 combat-coded bomber aircraft in active 

8 service; and 

9 ‘‘(4) such other squadrons, reserve groups, and 

10 supporting auxiliary and reserve units as may be re11 quired to support forces specified in paragraphs (1) 

12 through (3).’’.

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 $2,500,000,000. 

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. AUTHORIZATION OF SUPPLEMENTAL APPRO20 PRIATIONS FOR FISCAL YEAR 2003. 

21 (a) DOD AUTHORIZATIONS.—Amounts authorized to 

22 be appropriated to the Department of Defense for fiscal year 

23 2003 in the Bob Stump National Defense Authorization Act 

24 for Fiscal Year 2003 (Public Law 107–314) are hereby ad25 justed, with respect to any such authorized amount, by the 
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1 amount by which appropriations pursuant to such author2 ization are increased (by a supplemental appropriation) or 

3 decreased (by a rescission), or both, or are increased by a 

4 transfer of funds, pursuant to the following: 

5 (1) Chapters 3 and 8 of title I of the Emergency 

6 Wartime Supplemental Appropriations Act, 2003 

7 (Public Law 108–11). 

8 (2) Any Act enacted after May 23, 2003, making 

9 supplemental appropriations for fiscal year 2003 for 

10 the military functions of the Department of Defense. 

11 (b) NNSA AUTHORIZATIONS.—Amounts authorized to 

12 be appropriated to the Department of Energy for fiscal year 

13 2003 in the Bob Stump National Defense Authorization Act 

14 for Fiscal Year 2003 (Public Law 107–314) are hereby ad15 justed, with respect to any such authorized amount, by the 

16 amount by which appropriations pursuant to such author17 ization are increased (by a supplemental appropriation) or 

18 decreased (by a rescission), or both, or are increased by a 

19 transfer of funds, pursuant to the following: 

20 (1) Chapter 4 of the Emergency Wartime Sup21 plemental Appropriations Act, 2003 (Public Law 

22 108–11). 

23 (2) Any Act enacted after May 23, 2003, making 

24 supplemental appropriations for fiscal year 2003 for 
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1 the atomic energy defense activities of the Department 

2 of Energy. 

3 SEC. 1003. AUTHORITY TO TRANSFER PROCUREMENT 

4 FUNDS FOR A MAJOR DEFENSE ACQUISITION 

5 PROGRAM FOR CONTINUED DEVELOPMENT 

6 WORK ON THAT PROGRAM. 

7 (a) AUTHORITY.—Section 2214 of title 10, United 

8 States Code, is amended—

9 (1) by redesignating subsections (b), (c), and (d) 

10 as subsections (c), (d), and (e), respectively; and 

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

12 new subsection (b): 

13 ‘‘(b) TRANSFER OF PROCUREMENT FUNDS FOR DE14 VELOPMENT ACTIVITIES FOR MAJOR DEFENSE ACQUISI15 TION SYSTEMS.—(1) In the case of a major defense acquisi16 tion program (as defined in section 2430 of this title) for 

17 which funds are currently available both for procurement 

18 and for research, development, test, and evaluation, if the 

19 Secretary concerned determines that funds are required for 

20 further research, development, test, and evaluation activities 

21 for that program in excess of the funds currently available 

22 for that purpose, the Secretary may (subject to paragraph 

23 (2)) transfer funds available for that program for procure24 ment to funds available for that program for research, devel25 opment, test, and evaluation for the purpose of continuing 
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1 research, development, test, and evaluation activities for 

2 that program. 

3 ‘‘(2)(A) The total amount transferred under the au4 thority of paragraph (1) for any acquisition program may 

5 not exceed $20,000,000. 

6 ‘‘(B) The total amount transferred under the authority 

7 of paragraph (1) from amounts made available for any fis8 cal year may not exceed $250,000,000. 

9 ‘‘(3) The authority provided by paragraph (1) is in 

10 addition to any other transfer authority that may be pro11 vided by law. 

12 ‘‘(4) Upon a determination that all or part of the 

13 funds transferred under paragraph (1) are not necessary 

14 for the purpose for which the transfer was made, such 

15 amounts may be transferred back to a Procurement appro16 priation for the purpose of procurement of the acquisition 

17 program for which funds were transferred.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall not apply with respect to funds appro20 priated for a fiscal year before fiscal year 2004. 

21 SEC. 1004. RESTORATION OF AUTHORITY TO ENTER INTO 

22 12-MONTH LEASES AT ANY TIME DURING THE 

23 FISCAL YEAR. 

24 Section 2410a(a) of title 10, United States Code, is 

25 amended by inserting after ‘‘severable services’’ the fol-
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1 lowing: ‘‘and the lease of real or personal property, includ2 ing the maintenance of such property when contracted for 

3 as part of the lease agreement,’’. 

4 SEC. 1005. AUTHORITY FOR RETENTION OF ADDITIONAL 

5 AMOUNTS REALIZED FROM ENERGY COST 

6 SAVINGS. 

7 (a) INCREASE IN AMOUNT OF ENERGY COST SAVINGS

8 RETAINED.—Section 2865(b)(1) of title 10, United States 

9 Code, is amended by striking ‘‘Two-thirds of the portion 

10 of the funds appropriated to Department of Defense for a 

11 fiscal year that is’’ and inserting ‘‘Funds appropriated to 

12 the Department of Defense for a fiscal year that are’’. 

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall not apply to funds appropriated for a fiscal 

15 year before fiscal year 2004. 

16 SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDG17 ET CYCLE FOR THE DEPARTMENT OF DE18 FENSE. 

19 Section 1405 of the Department of Defense Authoriza20 tion Act, 1986 (Public Law 99–145; 31 U.S.C. 1105 note), 

21 is repealed. 
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1 SEC. 1007. AUTHORITY TO PROVIDE REIMBURSEMENT FOR 

2 USE OF PERSONAL CELLULAR TELEPHONES 

3 WHEN USED FOR OFFICIAL GOVERNMENT 

4 BUSINESS. 

5 (a) IN GENERAL.—(1) Chapter 134 of title 10, United 

6 States Code, is amended by inserting after section 2257 the 

7 following new section: 

8 ‘‘§ 2258. Personal cellular telephones: reimbursement 

9 when used for Government business 

10 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Defense 

11 may reimburse members of the Army, Navy, Air Force, and 

12 Marine Corp, and civilian officers and employees of the De13 partment of Defense, for cellular telephone use on a pri14 vately owned cellular telephone when used on official Gov15 ernment business. Such reimbursement shall be on a flat16 rate basis. 

17 ‘‘(b) REIMBURSEMENT RATE.—The Secretary of De18 fense may prescribe the reimbursement rate for purposes of 

19 subsection (a). That reimbursement rate may not exceed the 

20 equivalent Government costs of providing a cellular tele21 phone to employees on official Government business.’’. 

22 (2) The table of sections at the beginning of subchapter 

23 II of such chapter is amended by inserting after the item 

24 relating to section 2257 the following new item:

‘‘2258. Personal cellular telephones: reimbursement when used for Government 

business.’’.
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1 (b) EFFECTIVE DATE.—Section 2258 of title 10, 

2 United States Code, as added by subsection (a), shall take 

3 effect on October 1, 2003, and shall apply with respect to 

4 the use of cellular phones on or after that date. 

5 Subtitle B—Naval Vessels and 

6 Shipyards 

7 SEC. 1011. REPEAL OF REQUIREMENT REGARDING PRESER8 VATION OF SURGE CAPABILITY FOR NAVAL 

9 SURFACE COMBATANTS. 

10 (a) REPEAL.—Section 7296 of title 10, United States 

11 Code, is amended by striking subsection (b). 

12 (b) CLERICAL AMENDMENTS.—Such section is further 

13 amended—

14 (1) by striking ‘‘(3) Any notification under 

15 paragraph (1)(A)’’ and inserting ‘‘(b) CONTENT OF

16 NOTIFICATION.—Any notification under subsection 

17 (a)(1)(A)’’; 

18 (2) by redesignating subparagraphs (A), (B), 

19 and (C) of subsection (b) (as redesignated by para20 graph (1)) as paragraphs (1), (2), and (3), respec21 tively; and 

22 (3) by striking ‘‘subparagraph (B)’’ in subsection 

23 (b)(3) (as redesignated by paragraphs (1) and (2)) 

24 and inserting ‘‘paragraph (2)’’. 
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1 SEC. 1012. ENHANCEMENT OF AUTHORITY RELATING TO 

2 USE FOR EXPERIMENTAL PURPOSES OF VES3 SELS STRICKEN FROM NAVAL VESSEL REG4 ISTER. 

5 (a) SALE OF MATERIAL AND EQUIPMENT STRIPPED

6 FROM VESSEL.—Subsection (b)(1) of section 7306a of title 

7 10, United States Code, is amended by adding at the end 

8 the following new sentence: ‘‘Material and equipment 

9 stripped from the vessel may be sold by a contractor or a 

10 designated sales agent on behalf of the Navy.’’. 

11 (b) USE OF PROCEEDS.—(1) Subsection (b)(2) of such 

12 section is amended by striking ‘‘scrapping services’’ and all 

13 that follows through and inserting ‘‘services needed for such 

14 stripping and for environmental remediation required for 

15 the use of the vessel for experimental purposes. Amounts re16 ceived in excess of amounts needed for reimbursement of 

17 those costs shall be deposited into the account from which 

18 the stripping and environmental remediation expenses were 

19 incurred and shall be available for stripping and environ20 mental remediation of other vessels to be used for experi21 mental purposes.’’. 

22 (2) The amendment made by paragraph (1) shall not 

23 apply with respect to proceeds from the stripping of a vessel 

24 under any vessel stripping contract entered into before the 

25 date of the enactment of this Act. 
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1 (c) CLARIFICATION OF COVERED EXPERIMENTAL PUR2 POSES.—Such section is further amended by adding at the 

3 end the following new subsection: 

4 ‘‘(c) USE FOR EXPERIMENTAL PURPOSES DEFINED.—

5 In this section, the term ‘use for experimental purposes’ in6 cludes use of a vessel in a Navy sink exercise or for target 

7 purposes.’’. 

8 SEC. 1013. AUTHORIZATION FOR TRANSFER OF VESSELS 

9 STRICKEN FROM NAVAL VESSEL REGISTER 

10 FOR USE AS ARTIFICIAL REEFS. 

11 (a) AUTHORITY.—Chapter 633 of title 10, United 

12 States Code, is amended by inserting after section 7306a 

13 the following new section: 

14 ‘‘§ 7306b. Vessels stricken from Naval Vessel Register: 

15 transfer by gift or otherwise for use as ar16 tificial reefs 

17 ‘‘(a) AUTHORITY TO MAKE TRANSFER.—The Sec18 retary of the Navy may transfer, by gift or otherwise, any 

19 vessel stricken from the Naval Vessel Register to any State, 

20 Commonwealth, or possession of the United States or any 

21 municipal corporation or political subdivision thereof for 

22 use as an artificial reef as provided in subsection (b). 

23 ‘‘(b) VESSEL TO BE USED AS ARTIFICIAL REEF.—An 

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

25 shall require that—
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1 ‘‘(1) the transferee use, site, construct, monitor, 

2 and manage the vessel only as an artificial reef in ac3 cordance with the requirements of the National Fish4 ing Enhancement Act of 1984 (33 U.S.C. 2101 et 

5 seq.), except that the transferee also may use the arti6 ficial reef to enhance diving opportunities if that use 

7 does not have an adverse effect on fishery resources; 

8 and 

9 ‘‘(2) the transferee shall obtain, and bear all of 

10 the responsibility for complying with, all applicable 

11 Federal, State, interstate, and local permits for siting, 

12 constructing, monitoring, and managing a vessel as 

13 an artificial reef. 

14 ‘‘(c) ADDITIONAL TERMS.—The Secretary may require 

15 such additional terms in connection with a conveyance au16 thorized by this section as the Secretary considers appro17 priate. 

18 ‘‘(d) COST SHARING ON TRANSFERS.—The Secretary 

19 of the Navy may share with the recipient any of the costs 

20 associated with transferring a vessel under this section. 

21 ‘‘(e) APPLICATION FOR MORE THAN ONE VESSEL.—

22 A State, Commonwealth, or possession of the United States, 

23 or any municipal corporation or political subdivision 

24 thereof, may apply for more than one vessel under this sec25 tion. 
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1 ‘‘(f) DEFINITION.—In this section, the term ‘fishery re2 sources’ has the meaning given such term in section 3(14) 

3 of the Magnuson-Stevens Fishery Conservation and Man4 agement Act of 1976 (16 U.S.C. 1802(14)).’’. 

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 7306a the following new item:

‘‘7306b. Vessels stricken from Naval Vessel Register: transfer by gift or otherwise 

for use as artificial reefs.’’.

8 SEC. 1014. PILOT PROGRAM FOR SEALIFT SHIP CONSTRUC9 TION. 

10 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Sec11 retary of the Navy may establish a pilot program, under 

12 which the Secretary of the Navy, subject to the availability 

13 of appropriations, may guarantee loans for—

14 (1) the construction in a United States shipyard 

15 of two qualified sealift ships that are to be docu16 mented under the laws of the United States for use in 

17 United States-flag commercial service; and 

18 (2) the acquisition of facilities or equipment per19 taining to the marine operations of those ships, which 

20 may include specialized loading equipment. 

21 (b) CONDITIONS OF GUARANTEE.—A guarantee under 

22 this section is subject to the following conditions: 

23 (1) MSP.—The owner of the ships for which 

24 guarantees are issued shall apply for an operating 
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1 agreement with the Secretary of Transportation under 

2 subtitle B of this title. 

3 (2) NDF; CHARTER.—If the Secretary of the 

4 Navy requests, the owner of the ships shall engage in 

5 negotiations on reasonable terms and conditions for—

6 (A) installation and maintenance of defense 

7 features for national defense purposes on one or 

8 both ships under section 2218 of title 10, United 

9 States Code; and 

10 (B) a short-term charter to the United 

11 States Government of at least one ship for which 

12 a guarantee is issued, for a period of at least 60 

13 days prior to entry into commercial service, for 

14 the purpose of demonstrating the military capa15 bilities of the ships. 

16 (c) PAYMENT OF COST.—The cost of a guarantee under 

17 this section shall be paid for with amounts made available 

18 in appropriations Acts. 

19 (d) PERCENTAGE LIMITATION; TERM.—A guarantee 

20 under this section may apply—

21 (1) to up to 87.5 percent of the loan principal; 

22 and 

23 (2) for a term ending up to 25 years after deliv24 ery of the second ship. 
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1 (e) AUTHORITIES, PROCEDURES, REQUIREMENTS, AND

2 RESTRICTIONS.—The Secretary of the Navy, subject to the 

3 other provisions of this section—

4 (1) in implementing this section, may exercise 

5 authorities that are substantially the same as the au6 thorities available to the Secretary of Transportation 

7 under title XI of the Merchant Marine Act, 1936 (46 

8 App. U.S.C. 1271 et seq.) with respect to loan guar9 antees under that title; 

10 (2) shall implement this section under proce11 dures, requirements, and restrictions that are substan12 tially the same as those under which loan guarantees 

13 are made under that title, including the regulations 

14 implementing that title; and 

15 (3) may establish such additional requirements 

16 for loan guarantees under this section as the Sec17 retary determines to be necessary to minimize the cost 

18 of such guarantees. 

19 (f) INTERAGENCY AGREEMENT.—The Secretary of 

20 Transportation shall enter into an interagency agreement 

21 or other appropriate arrangement with the Secretary of the 

22 Navy to make available to the Department of the Navy such 

23 Maritime Administration personnel with expertise in vessel 

24 construction financing as are necessary to carry out the 

25 program under this section. 
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1 (g) DEFINITIONS.—In this section: 

2 (1) COST.—The term ‘‘cost’’, with respect to a 

3 loan guarantee under this section, has the meaning 

4 given that term in section 502 of the Congressional 

5 Budget and Impoundment Control Act of 1974 (2 

6 U.S.C. 661a). 

7 (2) QUALIFIED SEALIFT SHIP.—The term ‘‘quali8 fied sealift ship’’ means a roll-on, roll-off vessel that 

9 is—

10 (A) militarily useful for additional 

11 medium- to long-haul strategic sealift capacity; 

12 (B) designed to carry at least 10,000 tons 

13 of cargo; and 

14 (C) capable of operating commercially in 

15 the foreign commerce of the United States. 

16 (h) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated to the Secretary of the Navy 

18 to carry out this section $40,000,000. 

19 Subtitle C—Reports 

20 SEC. 1021. REPEAL AND MODIFICATION OF VARIOUS RE21 PORTING REQUIREMENTS APPLICABLE TO 

22 THE DEPARTMENT OF DEFENSE. 

23 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

24 United States Code, is amended as follows: 
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1 (1) Section 113 is amended by striking sub2 section (m). 

3 (2) Section 117(e) is amended by striking ‘‘each 

4 month’’ and all that follows through ‘‘subsection (d)’’ 

5 and inserting ‘‘each quarter submit to the congres6 sional defense committees a report in writing con7 taining the results of the most recent joint readiness 

8 review under subsection (d)(1)(A)’’. 

9 (3) Section 127(d) is amended to read as follows: 

10 ‘‘(d) ANNUAL REPORT.—Not later than December 1 

11 each year, the Secretary of Defense shall submit to the con12 gressional defense committees a report on expenditures dur13 ing the preceding fiscal year under subsections (a) and 

14 (b).’’. 

15 (4) Section 127a is amended—

16 (A) in subsection (a)—

17 (i) by striking paragraph (3); and 

18 (ii) by redesignating paragraph (4) as 

19 paragraph (3); and 

20 (B) by striking subsection (d). 

21 (5) Section 128 is amended by striking sub22 section (d). 

23 (6) Section 129 is amended by striking sub24 section (f). 
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1 (7) Section 184 is amended by striking sub2 section (b). 

3 (8) Section 226(a) is amended—

4 (A) by striking ‘‘December 15’’ and insert5 ing ‘‘January 15’’; and 

6 (B) by striking ‘‘in the following year’’ in 

7 paragraph (1) and inserting ‘‘in that year’’. 

8 (9)(A) Section 228 is amended—

9 (i) in subsection (a)—

10 (I) by striking ‘‘MONTHLY’’ in the sub11 section heading and inserting ‘‘QUAR12 TERLY’’; 

13 (II) by striking ‘‘monthly’’ and insert14 ing ‘‘quarterly’’; and 

15 (III) by striking ‘‘month’’ and insert16 ing ‘‘fiscal-year quarter’’; and 

17 (ii) in subsection (c), by striking ‘‘month’’ 

18 each place it appears and inserting ‘‘quarter’’. 

19 (B)(i) The heading of such section is amended to 

20 read as follows: 
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1 ‘‘§ 228. Quarterly reports on allocation of funds with2 in operation and maintenance budget 

3 subactivities’’. 

4 (ii) The item relating to section 228 in the table 

5 of sections at the beginning of chapter 9 is amended 

6 to read as follows:

‘‘228. Quarterly reports on allocation of funds within operation and maintenance 

budget subactivities.’’.

7 (10) Section 401 is amended by striking sub8 section (d). 

9 (11) Section 437 is amended—

10 (A) by striking the second sentence of sub11 section (b); and 

12 (B) by striking subsection (c). 

13 (12)(A) Section 484 is repealed. 

14 (B) The table of sections at the beginning of such 

15 chapter is amended by striking the item relating to 

16 section 484. 

17 (13)(A) Section 520c is amended—

18 (i) by striking subsection (b); 

19 (ii) by striking ‘‘(a) PROVISION OF MEALS

20 AND REFRESHMENTS.’’; and 

21 (iii) by striking the heading for such section 

22 and inserting the following: 
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1 ‘‘§ 520c. Recruiting functions: provision of meals and 

2 refreshments’’. 

3 (B) The item relating to such section in the table 

4 of sections at the beginning of chapter 31 is amended 

5 to read as follow:

‘‘520c. Recruiting functions: provision of meals and refreshments.’’.

6 (14) Section 983(e)(1) is amended by striking 

7 ‘‘and to Congress’’. 

8 (15) Section 1060 is amended by striking sub9 section (d). 

10 (16) Section 1130 is amended—

11 (A) in subsection (a), by striking ‘‘the other 

12 determinations necessary to comply with sub13 section (b)’’ and inserting ‘‘respond with a de14 tailed description of the rationale supporting the 

15 determination’’; and 

16 (B) by striking subsection (b). 

17 (17) Section 1557 is amended by striking sub18 section (e). 

19 (18) Section 1563 is amended—

20 (A) in subsection (a), by striking ‘‘the other 

21 determinations necessary to comply with sub22 section (b)’’ and inserting ‘‘respond with a de23 tailed description of the rationale supporting the 

24 determination’’; and 

25 (B) by striking subsection (b). 
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1 (19) Section 2010 is amended by striking sub2 section (b). 

3 (20) Section 2166 is amended—

4 (A) in subsection (e)(5), by inserting ‘‘and 

5 to Congress’’ after ‘‘to the Secretary of Defense’’; 

6 and 

7 (B) by striking subsection (i). 

8 (21) Section 2208(j)(2) is amended by striking 

9 ‘‘and notifies Congress regarding the reasons for the 

10 waiver’’. 

11 (22) Section 2216(a) is amended—

12 (A) by striking ‘‘QUARTERLY REPORTS.—

13 (1) Not later than 15 days after the end of each 

14 calendar quarter’’ and inserting ‘‘ANNUAL RE15 PORT.—Not later than 60 days after the end of 

16 each fiscal year’’; and 

17 (B) by striking ‘‘quarter’’ in subparagraphs 

18 (A), (B), and (C) of paragraph (1) and inserting 

19 ‘‘fiscal year’’. 

20 (23) Section 2224(e) is amended by inserting 

21 ‘‘through 2007’’ after ‘‘Each year’’. 

22 (24) Section 2255(b)—

23 (A) by striking paragraph (2); and 

24 (B) by striking ‘‘(1)’’ after ‘‘(b) EXCEP25 TION.—’’. 
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1 (25) Section 2281 is amended by striking sub2 section (d). 

3 (26)(A) Section 2282 is repealed. 

4 (B) The table of sections at the beginning of 

5 chapter 136 is amended by striking the item relating 

6 to section 2282. 

7 (27) Section 2323 is amended—

8 (A) in subsection (d)—

9 (i) by striking ‘‘Defense—’’ and all 

10 that follows through ‘‘the extent’’ and insert11 ing ‘‘Defense to the extent’’; 

12 (ii) by striking ‘‘; and’’ and inserting 

13 a period; and 

14 (iii) by striking paragraph (2); and 

15 (B) by striking subsection (i). 

16 (28) Section 2327(c)(1) is amended—

17 (A) in subparagraph (A), by striking ‘‘after 

18 the date on which such head of an agency sub19 mits to Congress a report on the contract’’ and 

20 inserting ‘‘if in the best interests of the Govern21 ment’’; 

22 (B) in subparagraph (B), by striking ‘‘A re23 port under subparagraph (A)’’ and inserting 

24 ‘‘The Secretary shall maintain records of each 
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1 contract entered into by reason of subparagraph 

2 (A). Such records’’; and 

3 (C) by striking subparagraph (C). 

4 (29) Section 2350a is amended—

5 (A) by striking subsection (f); and 

6 (B) in subsection (g), by striking paragraph 

7 (3). 

8 (30) Section 2350j is amended by striking sub9 sections (e) and (g). 

10 (31) Section 2367 is amended by striking sub11 section (d). 

12 (32) Section 2371 is amended by striking sub13 section (h). 

14 (33) Section 2374a is amended by striking sub15 section (e). 

16 (34) Section 2410i(c) is amended by striking the 

17 last sentence. 

18 (35) Section 2410m(c) is amended—

19 (A) by striking ‘‘REPORTING REQUIRE20 MENT.—Each year’’ and inserting ‘‘ANNUAL RE21 PORT.—Not later than 60 days after the end of 

22 each fiscal year’’; 

23 (B) by inserting ‘‘at the end of such fiscal 

24 year’’ in paragraph (1) before the period; 
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1 (C) by striking ‘‘during the year preceding 

2 the year in which the report is submitted’’ in 

3 paragraph (2) and inserting ‘‘under this section 

4 during that fiscal year’’; 

5 (D) by striking ‘‘in such preceding year’’ in 

6 paragraph (3) and inserting ‘‘under this section 

7 during that fiscal year’’; and 

8 (E) by striking ‘‘in such preceding year’’ in 

9 paragraph (4) and inserting ‘‘under this section 

10 during that fiscal year’’. 

11 (36) Section 2433 is amended—

12 (A) in subsection (d)—

13 (i) in paragraphs (1) and (2), by strik14 ing ‘‘, or by at least 25 percent,’’; and 

15 (ii) in paragraph (3)—

16 (I) by striking ‘‘or by at least 25 

17 percent,’’ both places it appears; and 

18 (II) by inserting a comma after 

19 ‘‘paragraph (1)’’; and 

20 (B) in subsection (e)—

21 (i) by striking paragraph (2); 

22 (ii) by redesignating paragraph (3) as 

23 paragraph (2); 

24 (iii) in paragraph (2), as so redesig25 nated, by striking ‘‘or if a’’ in the first sen-
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1 tence and all that follows through ‘‘para2 graph (2),’’; and 

3 (iv) by designating the second sentence 

4 of such paragraph as paragraph (3) and in 

5 that paragraph—

6 (I) by inserting ‘‘under paragraph 

7 (2)’’ after ‘‘The prohibition’’; and 

8 (II) by striking ‘‘the date—’’ and 

9 all that follows through ‘‘subsection 

10 (d).’’ and inserting ‘‘the date on which 

11 Congress receives the Selected Acquisi12 tion Report under paragraph (1) with 

13 respect to that program.’’. 

14 (37) Section 2457 is amended by striking sub15 section (d). 

16 (38) Section 2493 is amended by striking sub17 section (g). 

18 (39) Section 2515 is amended by striking sub19 section (d). 

20 (40) Section 2521 is amended by striking sub21 section (e). 

22 (41) Section 2536 is amended—

23 (A) in subsection (b)(2)—
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1 (i) by striking ‘‘notify Congress’’ in the 

2 first sentence and inserting ‘‘maintain a 

3 record’’; and 

4 (ii) by striking the second sentence and 

5 inserting the following: ‘‘The records main6 tained under the preceding sentence with re7 spect to a waiver shall include a justifica8 tion in suport of the decision to grant the 

9 waiver and shall be retrievable for any par10 ticular waiver or for waivers during any 

11 period of time.’’; and 

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

13 subsection: 

14 ‘‘(d) The Secretary of Defense shall maintain an ac15 count of actions relating to the award of contracts to a 

16 prime contractor. The Secretary of Defense shall include in 

17 such accounts the reasons for exercising the awards and the 

18 work expected to be performed.’’. 

19 (42) Section 2541d is amended—

20 (A) by striking subsection (b); and 

21 (B) in subsection (a), by striking ‘‘(a)’’ and 

22 all that follows through ‘‘The Secretary of De23 fense’’ and inserting ‘‘The Secretary of Defense’’. 

24 (43) Section 2561 is amended by striking sub25 sections (c), (d) and (f). 
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1 (44) Section 2563(c)(2) is amended by striking 

2 ‘‘and notifies Congress regarding the reasons for the 

3 waiver’’. 

4 (45) Section 2645 is amended by striking sub5 sections (d) and (g). 

6 (46) Section 2667a(c)(2) is amended by striking 

7 ‘‘45 days’’ and inserting ‘‘14 days’’. 

8 (47) Section 2676(d) is amended by striking ‘‘21 

9 days’’ and inserting ‘‘14 days’’. 

10 (48) Section 2680 is amended by striking sub11 section (e). 

12 (49) Section 2696 is amended by striking sub13 sections (c) and (d). 

14 (50) Section 2703(c)(2) is amended—

15 (A) by striking subparagraph (B); 

16 (B) by striking ‘‘unless the Secretary—’’ 

17 and all that follows through ‘‘determines that’’ 

18 and inserting ‘‘unless the Secretary determines 

19 that’’; and 

20 (C) by redesignating clauses (i), (ii), and 

21 (iii) as subparagraphs (A), (B), and (C), respec22 tively, and realigning such subparagraphs (as so 

23 redesignated) two ems from the left margin. 

24 (51)(A) Section 2723 is repealed. 
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1 (B) The table of sections at the beginning of 

2 chapter 161 is amended by striking the item relating 

3 to section 2723. 

4 (52) Section 2803(b) is amended by striking 

5 ‘‘21–day period’’ and inserting ‘‘seven-day period’’. 

6 (53) Section 2804(b) is amended by striking 

7 ‘‘21–day period’’ and inserting ‘‘14–day period’’. 

8 (54) Section 2805(b) is amended—

9 (A) in paragraph (1), by striking 

10 ‘‘$750,000’’ and inserting ‘‘$1,000,000’’; and 

11 (B) in paragraph (2), by striking ‘‘by strik12 ing ‘‘21–day period’’ and inserting ‘‘seven-day 

13 period’’’. 

14 (55) Section 2807 is amended—

15 (A) in subsection (b)—

16 (i) by striking ‘‘$500,000’’ and insert17 ing ‘‘$1,000,000’’; and 

18 (ii) by striking ‘‘not less than 21 

19 days’’; and 

20 (B) in subsection (c)(2), by striking ‘‘21 

21 days’’ and inserting ‘‘14 days’’. 

22 (56) Section 2809(f)(2) is amended by striking 

23 ‘‘21 calendar days’’ and inserting ‘‘14 days’’. 

24 (57) Section 2812(c)(1)(B) is amended by strik25 ing ‘‘21 days’’ and inserting ‘‘14 days’’. 
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1 (58) Section 2813(c) is amended by striking 

2 ‘‘30–day period’’ and inserting ‘‘21–day period’’. 

3 (59) Section 2825 is amended—

4 (A) by striking ‘‘21 days’’ in the last sen5 tence of subsection (b)(1)(B) and inserting ‘‘14 

6 days’’; and 

7 (B) by striking ‘‘21 days’’ in subsection 

8 (c)(1)(D) and inserting ‘‘14 days’’. 

9 (60) Section 2826 is amended—

10 (A) by striking ‘‘(a) LOCAL COM11 PARABILITY.—’’; and 

12 (B) by striking subsection (b). 

13 (61) Section 2827(b)(2) is amended by striking 

14 ‘‘21 days’’ and inserting ‘‘14 days’’. 

15 (62) Section 2836(f)(2) is amended by striking 

16 ‘‘21 calendar days’’ and inserting ‘‘14 days’’. 

17 (63) Section 2837(c)(2) is amended by striking 

18 ‘‘21–day period’’ and inserting ‘‘14–day period’’. 

19 (64) Section 2854(b) is amended by striking 

20 ‘‘21–day period’’ and inserting ‘‘seven-day period’’. 

21 (65) Section 2854a(c)(2) is amended by striking 

22 ‘‘21 calendar days’’ and inserting ‘‘14 days’’. 

23 (66) Section 2865 is amended—

24 (A) in subsection (e)—
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1 (i) by striking ‘‘(1)’’ before ‘‘The Sec2 retary’’; and 

3 (ii) by striking paragraph (2); and 

4 (B) by striking subsection (f). 

5 (67) Section 2866(c) is amended—

6 (A) by striking ‘‘(1)’’ before ‘‘The Sec7 retary’’; and 

8 (B) by striking paragraph (2). 

9 (68) Section 2867(c) is amended by striking 

10 ‘‘21–day period’’ and inserting ‘‘14–day period’’. 

11 (69) Section 2875(e) is amended by striking 

12 ‘‘30–day period’’ and inserting ‘‘14–day period’’. 

13 (70) Section 2883(f) is amended by striking 

14 ‘‘30–day period’’ and inserting ‘‘14–day period’’. 

15 (71) Section 2902(g) is amended—

16 (A) by striking paragraph (2); and 

17 (B) by striking ‘‘(1)’’ after ‘‘(g)’’. 

18 (72) Section 4342(h) is amended by striking 

19 ‘‘Secretary of the Army’’ and inserting ‘‘Super20 intendent’’. 

21 (73) Section 4357(c) is amended is amended by strik22 ing ‘‘the expiration of 30 days following’’. 

23 (74) Section 6954(f) is amended by striking 

24 ‘‘Secretary of the Navy’’ and inserting ‘‘Super25 intendent of the Naval Academy’’. 
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1 (75) Section 6975(c) is amended is amended by 

2 striking ‘‘the expiration of 30 days following’’. 

3 (76) Section 7049(c) is amended—

4 (A) by striking ‘‘CERTIFICATION’’ in the 

5 subsection heading and inserting ‘‘DETERMINA6 TION’’; and 

7 (B) by striking ‘‘, and certifies to’’ and all 

8 that follows through ‘‘House of Representatives,’’. 

9 (77) Section 9342(h) is amended by striking 

10 ‘‘Secretary of the Air Force’’ and inserting ‘‘Super11 intendent’’. 

12 (78) Section 9356(c) is amended is amended by 

13 striking ‘‘the expiration of 30 days following’’. 

14 (79) Section 12302—

15 (A) in subsection (b), by striking the last 

16 sentence; and 

17 (B) by striking subsection (d). 

18 (80)(A) Section 16137 is repealed. 

19 (B) The table of sections at the beginning of 

20 chapter 1606 is amended by striking the item relating 

21 to section 16137. 

22 (b) FOREIGN ASSISTANCE ACT OF 1961.—Section 656 

23 of the Foreign Assistance Act of 1961 (22 U.S.C. 2416) is 

24 repealed. 
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1 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR

2 FISCAL YEAR 1991.—Part B of title XXIX of the National 

3 Defense Authorization Act for Fiscal Year 1991 (Public 

4 Law 101–510; 10 U.S.C. 2687 note) is amended as follows: 

5 (1) Section 2921 is amended—

6 (A) in subsection (f)(1), by striking ‘‘30 

7 days’’ and inserting ‘‘14 days’’; and 

8 (B) in subsection (g), by striking ‘‘30 days’’ 

9 in paragraphs (1) and (2) and inserting ‘‘14 

10 days’’. 

11 (2) Section 2926 is amended by striking sub12 section (g). 

13 (d) NATIONAL DEFENSE AUTHORIZATION ACT FOR

14 FISCAL YEARS 1992 AND 1993.—The National Defense Au15 thorization Act for Fiscal Years 1992 and 1993 (Public 

16 Law 102–190) is amended as follows: 

17 (1) Section 734 (10 U.S.C. 1074 note) is amend18 ed by striking subsection (c). 

19 (2) Section 2868 (10 U.S.C. 2802 note) is 

20 amended by striking ‘‘The Secretary of Defense’’ and 

21 all that follows through ‘‘is to be authorized’’ and in22 serting ‘‘Not later than 30 days after the date on 

23 which a decision is made selecting the site or sites for 

24 the permanent basing of a new weapon system, the 

25 Secretary of Defense shall submit to Congress’’. 
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1 (e) NATIONAL DEFENSE AUTHORIZATION ACT FOR

2 FISCAL YEAR 1993.—The National Defense Authorization 

3 Act for Fiscal Year 1993 (Public Law 102–484) is amended 

4 as follows: 

5 (1) Section 324 (10 U.S.C. 2701 note) is amend6 ed—

7 (A) by striking ‘‘(a) SENSE OF CON8 GRESS.—’’; and 

9 (B) by striking subsection (b). 

10 (2) Section 1082(b)(1) (10 U.S.C. 113 note) is 

11 amended by striking ‘‘the Secretary of Defense—’’ 

12 and all that follows and inserting ‘‘the Secretary of 

13 Defense determines that it is in the national security 

14 interests of the United States for the military depart15 ments to do so.’’. 

16 (f) NATIONAL DEFENSE AUTHORIZATION ACT FOR

17 FISCAL YEAR 1995.—Section 721 of the National Defense 

18 Authorization Act for Fiscal Year 1995 (Public Law 103–

19 337; 10 U.S.C. 1074 note) is amended by striking subsection 

20 (h). 

21 (g) NATIONAL DEFENSE AUTHORIZATION ACT FOR

22 FISCAL YEAR 1997.—The National Defense Authorization 

23 Act for Fiscal Year 1997 (Public Law 104–201) is amended 

24 as follows: 
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1 (1) Section 324 (10 U.S.C. 2706 note) is amend2 ed by striking subsection (c). 

3 (2) Section 1065(b) (10 U.S.C. 113 note) is 

4 amended—

5 (1) by striking ‘‘(1)’’ before ‘‘Notwith6 standing’’; and 

7 (2) by striking paragraph (2). 

8 (h) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

9 1997.—Section 8009 of the Department of Defense Appro10 priations Act, 1997 (as contained in section 101(b) of Pub11 lic Law 104–208; 110 Stat. 3009-89), is amended by strik12 ing ‘‘, unless the congressional defense committees have been 

13 notified at least thirty days in advance of the proposed con14 tract award’’. 

15 (i) NATIONAL DEFENSE AUTHORIZATION ACT FOR

16 FISCAL YEAR 1998.— Section 349 of the National Defense 

17 Authorization Act for Fiscal Year 1998 (Public Law 105–

18 85; 10 U.S.C. 2702 note) is amended by striking subsection 

19 (e). 

20 (j) STROM THURMOND NATIONAL DEFENSE AUTHOR21 IZATION ACT FOR FISCAL YEAR 1999.—The Strom Thur22 mond National Defense Authorization Act for Fiscal Year 

23 1999 (Public Law 105–261) is amended as follows: 

24 (1) Section 745(e) (10 U.S.C. 1071 note) is 

25 amended—
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1 (A) by striking ‘‘(1)’’ before ‘‘The Secretary 

2 of Defense’’; and 

3 (B) by striking paragraph (2). 

4 (2) Section 1223 (22 U.S.C. 1928 note) is re5 pealed. 

6 (k) NATIONAL DEFENSE AUTHORIZATION ACT FOR

7 FISCAL YEAR 2000.—The National Defense Authorization 

8 Act for Fiscal Year 2000 (Public Law 106–65) is amended 

9 as follows: 

10 (1) Section 212 (10 U.S.C. 2501 note) is amend11 ed by striking subsection (c). 

12 (2) Section 724 (10 U.S.C. 1092 note) is amend13 ed by striking subsection (e). 

14 (4) Section 1039 (10 U.S.C. 113 note) is amend15 ed by striking subsection (b). 

16 (l) MILITARY CONSTRUCTION APPROPRIATIONS ACT, 

17 2001.—Section 125 of the Military Construction Appro18 priations Act, 2001 (division A of Public Law 106–246; 

19 114 Stat. 517), is repealed. 

20 (m) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

21 2001.—Section 8019 of the Department of Defense Appro22 priations Act, 2001 (Public Law 106–259; 114 Stat. 678; 

23 10 U.S.C. 2687 note), is amended by striking ‘‘of Congress:’’ 

24 and all that follows through ‘‘this provision’’ and inserting 

25 ‘‘of Congress’’. 
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1 (n) FLOYD D. SPENCE NATIONAL DEFENSE AUTHOR2 IZATION ACT FOR FISCAL YEAR 2001.—Section 1006 of the 

3 Floyd D. Spence National Defense Authorization Act for 

4 Fiscal Year 2001 (as enacted into law by Public Law 106–

5 398; 114 Stat. 1654A–247; 10 U.S.C. 2226 note), is amend6 ed by striking subsection (c). 

7 (o) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

8 2002.—Section 8009 of the Department of Defense Appro9 priations Act, 2002 (division A of Public Law 107–117; 

10 115 Stat. 2249; 10 U.S.C. 401 note), is amended by striking 

11 ‘‘, and these obligations shall be reported to the Congress’’. 

12 SEC. 1022. REPORT ON OPERATION IRAQI FREEDOM. 

13 (a) REPORT REQUIRED.—Not later than June 15, 

14 2004, the Secretary of Defense shall submit to the Com15 mittee on Armed Services of the Senate and the Committee 

16 on Armed Services of the House of Representatives a report 

17 on Operation Iraqi Freedom. The Secretary shall submit 

18 to those committees a preliminary report on the conduct 

19 of those hostilities not later than January 15, 2004. 

20 (b) DISCUSSION OF ACCOMPLISHMENTS AND SHORT21 COMINGS.—The report (and the preliminary report, to the 

22 extent feasible) shall contain a discussion, with a particular 

23 emphasis on accomplishments and shortcomings, of the fol24 lowing matters: 
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1 (1) The military objectives of the multinational 

2 coalition. 

3 (2) The military strategy of the multinational 

4 coalition to achieve those military objectives and how 

5 the military strategy contributed to the achievement 

6 of those objectives. 

7 (3) The deployment of United States forces and 

8 the transportation of supplies to the theater of oper9 ations, including an assessment of airlift, sealift, 

10 afloat prepositioning ships, and Maritime 

11 Prepositioning Squadron ships. 

12 (4) The conduct of military operations. 

13 (5) The use of special operations forces, includ14 ing operational and intelligence uses classified under 

15 special access procedures. 

16 (6) The use and performance of United States 

17 military equipment, weapon systems, and munitions 

18 (including items classified under special access proce19 dures) and an analysis of—

20 (A) any equipment or capabilities that were 

21 in research and development and if available 

22 could have been used in the theater of operations; 

23 and 
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1 (B) any equipment or capabilities that were 

2 available and could have been used but were not 

3 introduced into the theater of operations. 

4 (7) The scope of logistics support, including sup5 port from other nations. 

6 (8) The acquisition policies and processes used to 

7 support the forces in the theater of operations. 

8 (9) The personnel management actions taken to 

9 support the forces in the theater of operations. 

10 (10) The effectiveness of reserve component forces, 

11 including a discussion of each of the following mat12 ters: 

13 (A) The readiness and activation of such 

14 forces. 

15 (B) The decisionmaking process regarding 

16 both activation of reserve component forces and 

17 deployment of those forces to the theater of oper18 ations. 

19 (C) The post-activation training received by 

20 such forces. 

21 (D) The integration of forces and equipment 

22 of reserve component forces into the active com23 ponent forces. 
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1 (E) The use and performance of the reserve 

2 component forces in operations in the theater of 

3 operations. 

4 (F) The use and performance of such forces 

5 at duty stations outside the theater of operations. 

6 (11) The role of the law of armed conflict in the 

7 planning and execution of military operations by 

8 United States forces and the other coalition forces and 

9 the effects on operations of Iraqi compliance or non10 compliance with the law of armed conflict, including 

11 a discussion regarding each of the following matters: 

12 (A) Use of Iraqi civilians as human shields. 

13 (B) Collateral damage and civilian casual14 ties. 

15 (C) Treatment of prisoners of war. 

16 (D) Repatriation of prisoners of war. 

17 (E) Use of ruses and acts of perfidy. 

18 (F) War crimes. 

19 (G) Environmental terrorism. 

20 (H) Conduct of neutral nations. 

21 (12) The actions taken by the coalition forces in 

22 anticipation of, and in response to, Iraqi acts of envi23 ronmental terrorism. 
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1 (13) The actions taken by the coalition forces in 

2 anticipation of possible Iraqi use of weapons of mass 

3 destruction. 

4 (14) Evidence of Iraqi weapons of mass destruc5 tion programs and Iraqi preparations for the use of 

6 such weapons. 

7 (15) The contributions of United States and coa8 lition intelligence and counterintelligence systems and 

9 personnel, including contributions regarding bomb 

10 damage assessments and particularly including 

11 United States tactical intelligence and related activi12 ties (TIARA) programs and the Joint Military Intel13 ligence Program (JMIP). 

14 (16) Command, control, communications, and 

15 operational security of the coalition forces as a whole, 

16 and command, control, communications, and oper17 ational security of the United States forces. 

18 (17) The rules of engagement for the coalition 

19 forces. 

20 (18) The actions taken to reduce the casualties 

21 among coalition forces caused by the fire of such 

22 forces. 

23 (19) The role of supporting combatant com24 mands and Defense Agencies of the Department of De25 fense. 
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1 (20) The policies and procedures relating to the 

2 media, including the use of embedded media. 

3 (21) The assignment of roles and missions to the 

4 United States forces and other coalition forces and the 

5 performance of those forces in carrying out their as6 signed roles and missions. 

7 (22) The preparedness, including doctrine and 

8 training, of the United States forces. 

9 (23) The acquisition of foreign military tech10 nology from Iraq, and any compromise of military 

11 technology of the United States or other countries in 

12 the multinational coalition. 

13 (24) The problems posed by Iraqi possession and 

14 use of equipment produced in the United States and 

15 other coalition nations. 

16 (25) The use of deception by Iraqi forces and by 

17 coalition forces. 

18 (26) The military criteria used to determine 

19 when to progress from one phase of military oper20 ations to another phase of military operations. 

21 (27) The role, if any, of the Status of Resources 

22 and Training System (SORTS) in determining which 

23 units would be employed during the operation. 

24 (28) The role of the Coast Guard. 
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1 (29) The direct and indirect cost of military op2 erations, including an assessment of the total incre3 mental expenditures made by the Department of De4 fense as a result of Operation Iraqi Freedom. 

5 (c) CASUALTY STATISTICS.—The report (and the pre6 liminary report, to the extent feasible) shall also contain—

7 (1) the number of military and civilian casual8 ties sustained by coalition nations; and 

9 (2) estimates of such casualties sustained by Iraq 

10 and by nations not directly participating in hos11 tilities during Operation Iraqi Freedom. 

12 (d) CLASSIFICATION OF REPORTS.—The Secretary of 

13 Defense shall submit both the report and the preliminary 

14 report in a classified form and an unclassified form. 

15 SEC. 1023. REPORT ON DEPARTMENT OF DEFENSE POST16 CONFLICT ACTIVITIES IN IRAQ 

17 (a) REPORT REQUIRED.—Not later than 90 days after 

18 the date of the enactment of this Act, the Secretary of De19 fense shall submit to Congress a report on the activities of 

20 the Department of Defense in post-conflict Iraq. 

21 (b) REPORT ELEMENTS.—The report shall discuss the 

22 range of infrastructure reconstruction, civil administration, 

23 humanitarian assistance, interim governance, and political 

24 development activities undertaken in Iraq by officials of the 

25 Department and by those civilians reporting to the Sec-
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1 retary of Defense and the missions undertaken in Iraq by 

2 United States military forces during the post-conflict pe3 riod. In particular, the report shall include a discussion 

4 of the following: 

5 (1) The evolution of the organizational structure 

6 of the civilian groups reporting to the Secretary, in7 cluding the Office of Reconstruction and Humani8 tarian Assistance, on issues of Iraqi post-conflict ad9 ministration and reconstruction and the factors influ10 encing that evolution. 

11 (2) The relationship of the Department of De12 fense with other United States departments and agen13 cies involved in post-conflict administration and re14 construction planning and execution in Iraq. 

15 (3) The relationship of Department of Defense 

16 entities, including the Office of Reconstruction and 

17 Humanitarian Assistance, with intergovernmental 

18 and nongovernmental organizations contributing to 

19 the reconstruction and governance efforts. 

20 (4) Progress made to the date of the report in—

21 (A) rebuilding Iraqi infrastructure; 

22 (B) providing for the humanitarian needs 

23 of the Iraqi people; 

24 (C) reconstituting the Iraqi governmental 

25 bureaucracy and its provision of services; and 
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1 (D) developing mechanisms of fully 

2 transitioning Iraq to representative self-govern3 ment. 

4 (5) Progress made to the date of the report by 

5 Department of Defense civilians and military per6 sonnel in accounting for any Iraqi weapons of mass 

7 destruction and associated weapons capabilities. 

8 (6) Progress made to the date of the report by 

9 United States military personnel in providing secu10 rity in Iraq and in transferring security functions to 

11 a reconstituted Iraqi police force and military. 

12 (7) The Secretary’s assessment of the scope of the 

13 ongoing needed commitment of United States mili14 tary forces and of the remaining tasks to be completed 

15 by Department of Defense civilian personnel in the 

16 governance and reconstruction areas, including an es17 timate of the total expenditures the Department of 

18 Defense expects to make for activities in post-conflict 

19 Iraq.

20 SEC. 1024. REPORT ON DEVELOPMENT OF MECHANISMS TO 

21 BETTER CONNECT DEPARTMENT OF DEFENSE 

22 SPACE CAPABILITIES TO THE WAR FIGHTER. 

23 Not later than March 15, 2004, the Secretary of De24 fense shall submit to the congressional defense committees 

25 a report on development and implementation of systematic 
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1 mechanisms to provide for integrating into activities of the 

2 United States Strategic Command planning and require3 ments for connecting space capabilities of that command 

4 with the war fighter. 

5 Subtitle D—Procurement of Defense 

6 Biomedical Countermeasures 

7 SEC. 1031. RESEARCH AND DEVELOPMENT OF DEFENSE 

8 BIOMEDICAL COUNTERMEASURES. 

9 (a) IN GENERAL.—The Secretary of Defense (in this 

10 section referred to as the ‘‘Secretary’’) shall carry out a pro11 gram to accelerate the research, development and procure12 ment of biomedical countermeasures, including but not lim13 ited to therapeutics and vaccines, for the protection of the 

14 Armed Forces from attack by one or more biological, chem15 ical, radiological, or nuclear agents. 

16 (b) INTERAGENCY COOPERATION.—(1) In carrying out 

17 the program under subsection (a), the Secretary may enter 

18 into interagency agreements and other collaborative under19 takings with other Federal agencies. Under such agreements 

20 and undertakings, the participating agencies are authorized 

21 to provide funds and receive funds from other participating 

22 agencies. 

23 (2) The Secretary, in consultation with the Secretary 

24 of Health and Human Services and the Secretary of Home25 land Security, shall ensure that the activities of the Depart-
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1 ment of Defense in carrying out the program are coordi2 nated with, complement, and do not unnecessarily duplicate 

3 activities of the Department of Health and Human Services 

4 or the Department of Homeland Security. 

5 (c) EXPEDITED PROCUREMENT AUTHORITY.—(1)(A) 

6 For any procurement by the Secretary, of property or serv7 ices for use (as determined by the Secretary) in performing, 

8 administering, or supporting biomedical countermeasures 

9 research or development, the amount specified in section 

10 4(11) of the Office of Federal Procurement Policy Act (41 

11 U.S.C. 403(11)), as applicable pursuant to section 302A(a) 

12 of the Federal Property and Administrative Services Act 

13 of 1949 (41 U.S.C. 252a(a)), shall be deemed to be 

14 $25,000,000 in the administration, with respect to such 

15 procurement, of sections 302A(b) (41 U.S.C. 252a(b)) and 

16 303(g)(1)(A) (42 U.S.C. 253(g)(1)(A)) of the Federal Prop17 erty and Administrative Services Act of 1949 and the regu18 lations implementing those sections. 

19 (B) The Secretary shall institute appropriate internal 

20 controls for use of the authority under subparagraph (A), 

21 including requirements for documenting the justification for 

22 each use of such authority. 

23 (2)(A) For a procurement described in paragraph (1), 

24 the amount specified in subsections (c), (d), and (f) of sec25 tion 32 of the Office of Federal Procurement Policy Act (41 
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1 U.S.C. 428) shall be deemed to be $15,000 in the adminis2 tration of that section with respect to such procurement. 

3 (B) The Secretary shall institute appropriate internal 

4 controls for each use of the authority under subparagraph 

5 (A) for a procurement greater than $2,500. 

6 (d) FACILITIES AUTHORITY.—(1) The Secretary may 

7 acquire, lease, construct, improve, renovate, remodel, repair, 

8 operate, and maintain laboratories, other research facilities 

9 and equipment, and other real or personal property that 

10 the Secretary determines necessary for carrying out the pro11 gram under this section. The authority under this para12 graph is in addition to any other authority under law. 

13 (2) The Secretary may exercise the authorities of para14 graph (1) as part of an intergency cooperation activity 

15 under subsection (b). 

16 (e) AUTHORITY FOR PERSONAL SERVICES CON17 TRACTS.—The authority provided by section 1091 of title 

18 10, United States Code, for personal services contracts to 

19 carry out health care responsibilities in medical treatment 

20 facilities of the Department of Defense shall also be avail21 able, subject to the same terms and conditions, for personal 

22 services contracts to carry out research and development ac23 tivities under this section. The number of individuals whose 

24 personal services are obtained under this subsection may 

25 not exceed 30 at any time. 
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1 (f) STREAMLINED PERSONNEL AUTHORITY.—(1) 

2 Without regard to any provision of title 5, United States 

3 Code, governing appointments in the competitive service, 

4 and without regard to any provision of chapter 51, or sub5 chapter III of chapter 43, of such title relating to classifica6 tion and General Schedule pay rates, the Secretary may 

7 appoint professional and technical employees, not to exceed 

8 30 such employees at any time, to positions in the Depart9 ment of Defense to carry out research and development 

10 under the program under this section. The authority under 

11 this paragraph is in addition to any other authority under 

12 law. 

13 (2) The Secretary may use the authority under para14 graph (1) only upon a determination by the Secretary that 

15 use of such authority is necessary to accelerate the research 

16 and development under the program. 

17 (3) The Secretary shall institute appropriate internal 

18 controls for each use of the authority under paragraph (1). 

19 SEC. 1032. PROCUREMENT OF DEFENSE BIOMEDICAL COUN20 TERMEASURES. 

21 (a) DETERMINATION OF MATERIAL THREATS.—(1) 

22 The Secretary of Defense (in this section referred to as the 

23 ‘‘Secretary’’), in consultation with the Secretary of Health 

24 and Human Services and the Secretary of Homeland Secu25 rity shall on an ongoing basis—
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1 (A) assess current and emerging threats of use of 

2 biological, chemical, radiological, and nuclear agents; 

3 and 

4 (B) identify, on the basis of such assessment, 

5 those agents that present a material risk of use 

6 against the Armed Forces. 

7 (2) The Secretary, in consultation with the Secretary 

8 of Health and Human Services and the Secretary of Home9 land Security, shall on an ongoing basis—

10 (A) assess the potential consequences to the 

11 health of members of the Armed Forces of use against 

12 the Armed Forces of the agents identified under para13 graph (1)(B); and 

14 (B) identify, on the basis of such assessment, 

15 those agents for which countermeasures are necessary 

16 to protect the health of members of the Armed Forces. 

17 (b) ASSESSMENT OF AVAILABILITY AND APPROPRIATE18 NESS OF COUNTERMEASURES.—The Secretary, in consulta19 tion with the Secretary of Health and Human Services and 

20 the Secretary of Homeland Security, shall on an ongoing 

21 basis assess the availability and appropriateness of specific 

22 countermeasures to address specific threats identified under 

23 subsection (a). 

24 (c) SECRETARY’S DETERMINATION OF COUNTER25 MEASURES APPROPRIATE FOR PROCUREMENT.—(1) The 
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1 Secretary, in accordance with paragraph (2), shall on an 

2 ongoing basis identify specific countermeasures that the 

3 Secretary determines to be appropriate for procurement for 

4 the Department of Defense stockpile of biomedical counter5 measures. 

6 (2) The Secretary may not identify a specific counter7 measure under paragraph (1) unless the Secretary deter8 mines that—

9 (A) the countermeasure is a qualified counter10 measure; and 

11 (B) it is reasonable to expect that producing and 

12 delivering, within 5 years, the quantity of that coun13 termeasure required to meet the needs of the Depart14 ment (as determined by the Secretary) is feasible. 

15 (d) DEFINITIONS.—In this section: 

16 (1) The term ‘‘qualified countermeasure’’ means 

17 a biomedical countermeasure—

18 (A) that is approved under section 505(a) of 

19 the Federal Food, Drug, and Cosmetic Act (21 

20 U.S.C. 355) or licensed under section 351 of the 

21 Public Health Service Act (42 U.S.C. 262), or 

22 that is approved under section 515 or cleared 

23 under section 510(k) of the Federal Food, Drug, 

24 and Cosmetic Act (21 U.S.C. 360e and 360) for 

25 use as such a countermeasure to a biological, 
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1 chemical, radiological, or nuclear agent identi2 fied as a material threat under subsection (a); or 

3 (B) with respect to which the Secretary, in 

4 consultation with the Secretary of Health and 

5 Human Services, makes a determination that 

6 sufficient and satisfactory clinical experience or 

7 research data (including data, if available, from 

8 preclinical and clinical trials) exists to support 

9 a reasonable conclusion that the product will, 

10 not later than 5 years after the date on which 

11 the Secretary identifies the product under sub12 section (c)(1), qualify for such approval or li13 censing for use as such a countermeasure. 

14 (2) The term ‘‘biomedical countermeasure’’ 

15 means a drug (as defined in section 201(g)(1) of the 

16 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

17 321(g)(1))), device (as defined in section 201(h) of the 

18 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

19 321(h))), or biological product (as defined in section 

20 351(i) of the Public Health Service Act (42 U.S.C. 

21 262(i)) that is—

22 (A) used to treat, identify, or prevent harm 

23 from any biological, chemical, radiological, or 

24 nuclear agent that may cause a military health 

25 emergency affecting the Armed Forces; or 
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1 (B) used to treat, identify, or prevent harm 

2 from a condition that may result in adverse 

3 health consequences or death and may be caused 

4 by administering a drug or biological product 

5 that is used as described in subparagraph (A). 

6 (e) FUNDING.—(1) Of the amount authorized to be ap7 propriated for the Department of Defense and available 

8 within the transfer authority established under section 1001 

9 of this Act for fiscal year 2004 and for each fiscal year 

10 thereafter, such sums are authorized as may be necessary 

11 for the costs incurred by the Secretary in the procurement 

12 of countermeasures under this section, subject to paragraph 

13 (2). 

14 (2) Amounts authorized to be appropriated under 

15 paragraph (1) shall not be available to pay—

16 (A) costs for the purchase of vaccines under pro17 curement contracts entered into before January 1, 

18 2003; 

19 (B) costs under new contracts, or costs of new ob20 ligations under contracts previously entered into, for 

21 procurement of a countermeasure after the date of a 

22 determination under subsection (c)(2)(D) that the 

23 countermeasure does have a significant commercial 

24 market other than as a biomedical countermeasure; or 

25 (C) administrative costs. 
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1 SEC. 1033. AUTHORIZATION FOR USE OF MEDICAL PROD2 UCTS IN EMERGENCIES. 

3 (a) USE OF MEDICAL PRODUCTS AUTHORIZED.—Dur4 ing the period in which a declaration of emergency under 

5 subsection (b) is in effect, the Secretary of Defense, in ac6 cordance with this section, may authorize the use on mem7 bers of the Armed Forces of a drug or device intended solely 

8 for use in an actual or potential emergency. 

9 (b) DECLARATION OF EMERGENCY.—(1) A declaration 

10 of emergency referred to in subsection (a) is a declaration 

11 by the Secretary of Defense that there exists a military 

12 emergency, or a significant potential for a military emer13 gency, involving a heightened risk to the Armed Forces of 

14 attack by one or more biological, chemical, radiological, or 

15 nuclear agents. 

16 (2) Subject to paragraph (3), the period during which 

17 a declaration of emergency under this subsection is in effect 

18 begins upon the making of the declaration and ends upon 

19 the first to occur of the following events: 

20 (A) The making of a determination by the Sec21 retary that the military emergency, or the significant 

22 potential for a military emergency, has ceased to 

23 exist. 

24 (B) The expiration of the one-year period begin25 ning on the date on which the declaration of emer26 gency is made. 
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1 (3) Before the expiration of the period during which 

2 a declaration of emergency is in effect, the Secretary may 

3 declare one or more extensions of that declaration of emer4 gency. In such a case, the date on which the most recent 

5 extension was declared shall be treated for purposes of sub6 section (2)(B) as the date on which the declaration of emer7 gency is made. 

8 (c) CRITERIA FOR ISSUANCE OF AUTHORIZATION.—

9 The Secretary, in consultation with the Secretary of Health 

10 and Human Services, may use the authority under sub11 section (a) with respect to a biomedical countermeasure 

12 only if the Secretary make a determination that—

13 (1) an agent to which a declaration of emergency 

14 under subsection (b) relates can cause a serious or 

15 life-threatening disease or condition; 

16 (2) based on the totality of scientific evidence 

17 available to the Secretary, including data from ade18 quate and well-controlled clinical trials, if available, 

19 it is reasonable to believe that—

20 (A) such countermeasure may be effective in 

21 detecting, diagnosing, treating, or preventing 

22 such disease or condition; or 

23 (B) the known and potential benefits of such 

24 countermeasure, when used to detect, diagnose, 

25 treat, or prevent such disease or condition, out-
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1 weigh the known and potential risks of such 

2 countermeasure; 

3 (3) no adequate, approved, and available alter4 native exists to such countermeasure for detecting, di5 agnosing, treating, or preventing such disease or con6 dition; and 

7 (4) such other criteria as the Secretary may by 

8 regulation prescribe are satisfied. 

9 (d) SCOPE OF AUTHORIZATION.—For each use of the 

10 authority under subsection (a), the Secretary, in consulta11 tion with the Secretary of Health and Human Services, 

12 shall—

13 (1) specify each disease or condition that the bio14 logical countermeasure may be used to detect, diag15 nose, treat, or prevent; and 

16 (2) set forth each determination under subsection 

17 (c) with respect to that countermeasure and the basis 

18 for each such determination. 

19 (e) CONDITION.—In carrying out this section, the Sec20 retary shall ensure compliance with section 1107 of title 

21 10, United States Code, and section 731(a)(3) of the Strom 

22 Thurmond National Defense Authorization Act for Fiscal 

23 Year 1999 (Public Law 105–261; 112 Stat. 2071; 10 U.S.C. 

24 1107 note). 
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1 Subtitle E—Other Matters 

2 SEC. 1041. CODIFICATION AND REVISION OF DEFENSE 

3 COUNTERINTELLIGENCE POLYGRAPH PRO4 GRAM AUTHORITY. 

5 (a) CODIFICATION.—(1) Chapter 21 of title 10, United 

6 States Code, is amended by inserting after section 425 the 

7 following new section: 

8 ‘‘§ 426. Counterintelligence polygraph program 

9 ‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of 

10 Defense may carry out a program for the administration 

11 of counterintelligence polygraph examinations to persons 

12 described in subsection (b). The program shall be based on 

13 Department of Defense Directive 5210.48, dated December 

14 24, 1984. 

15 ‘‘(b) PERSONS COVERED.—Except as provided in sub16 section (c), the following persons whose duties involve access 

17 to information that has been classified at the level of top 

18 secret or designated as being within a special access pro19 gram under section 4.4(a) of Executive Order 12958 (or a 

20 successor Executive order) are subject to this section: 

21 ‘‘(1) Military and civilian personnel of the De22 partment of Defense. 

23 ‘‘(2) Personnel of defense contractors. 

24 ‘‘(3) A person assigned or detailed to the Depart25 ment of Defense. 
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1 ‘‘(4) An applicant for a position in the Depart2 ment of Defense. 

3 ‘‘(c) EXCEPTIONS FROM COVERAGE FOR CERTAIN IN4 TELLIGENCE AGENCIES AND FUNCTIONS.—This section does 

5 not apply to the following persons: 

6 ‘‘(1) A person assigned or detailed to the Central 

7 Intelligence Agency or to an expert or consultant 

8 under a contract with the Central Intelligence Agen9 cy. 

10 ‘‘(2) A person who is—

11 ‘‘(A) employed by or assigned or detailed to 

12 the National Security Agency; 

13 ‘‘(B) an expert or consultant under contract 

14 to the National Security Agency; 

15 ‘‘(C) an employee of a contractor of the Na16 tional Security Agency; or 

17 ‘‘(D) a person applying for a position in 

18 the National Security Agency. 

19 ‘‘(3) A person assigned to a space where sensitive 

20 cryptographic information is produced, processed, or 

21 stored. 

22 ‘‘(4) A person employed by, or assigned or de23 tailed to, an office within the Department of Defense 

24 for the collection of specialized national foreign intel-
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1 ligence through reconnaissance programs or a con2 tractor of such an office. 

3 ‘‘(d) OVERSIGHT.—(1) The Secretary shall establish a 

4 process to monitor responsible and effective application of 

5 polygraphs within the Department of Defense. 

6 ‘‘(2) The Secretary shall make information on the use 

7 of polygraphs within the Department of Defense available 

8 to the congressional defense committees. 

9 ‘‘(e) POLYGRAPH RESEARCH PROGRAM.—The Sec10 retary of Defense shall carry out a continuing research pro11 gram to support the polygraph activities of the Department 

12 of Defense. The program shall include—

13 ‘‘(1) an on-going evaluation of the validity of 

14 polygraph techniques used by the Department; 

15 ‘‘(2) research on polygraph countermeasures and 

16 anti-countermeasures; and 

17 ‘‘(3) developmental research on polygraph tech18 niques, instrumentation, and analytic methods.’’. 

19 (2) The table of sections at the beginning of subchapter 

20 I of such chapter is amended by adding at the end the fol21 lowing new item:

‘‘426. Counterintelligence polygraph program.’’.

22 (b) CONFORMING REPEAL.—Section 1121 of the Na23 tional Defense Authorization Act for Fiscal Years 1988 and 

24 1989 (10 U.S.C. 113 note), is repealed. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on October 1, 2003. 

3 SEC. 1042. CODIFICATION AND REVISION OF LIMITATION 

4 ON MODIFICATION OF MAJOR ITEMS OF 

5 EQUIPMENT SCHEDULED FOR RETIREMENT 

6 OR DISPOSAL. 

7 (a) IN GENERAL.—(1) Chapter 134 of title 10, United 

8 States Code, is amended by inserting after section 2244 the 

9 following new section: 

10 ‘‘§ 2244a. Equipment scheduled for retirement or dis11 posal: limitation on expenditures for 

12 modifications 

13 ‘‘(a) PROHIBITION.—Except as otherwise provided in 

14 this section, the Secretary of a military department may 

15 not carry out a significant modification of an aircraft, 

16 weapon, vessel, or other item of equipment that the Sec17 retary plans to retire or otherwise dispose of within five 

18 years after the date on which the modification, if carried 

19 out, would be completed. 

20 ‘‘(b) SIGNIFICANT MODIFICATIONS DEFINED.—For 

21 purposes of this section, a significant modification is any 

22 modification for which the cost is in an amount equal to 

23 or greater than $1,000,000. 
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1 ‘‘(c) EXCEPTION FOR SAFETY MODIFICATIONS.—The 

2 prohibition in subsection (a) does not apply to a safety 

3 modification. 

4 ‘‘(d) WAIVER AUTHORITY.—The Secretary concerned 

5 may waive the prohibition in subsection (a) in the case of 

6 any modification otherwise subject to that subsection if the 

7 Secretary determines that carrying out the modification is 

8 in the national security interest of the United States. When9 ever the Secretary issues such a waiver, the Secretary shall 

10 notify the congressional defense committees in writing.’’. 

11 (2) The table of sections at the beginning of such sub12 chapter is amended by inserting after the item relating to 

13 section 2244 the following new item:

‘‘2244a. Equipment scheduled for retirement or disposal: limitation on expenditures for modifications.’’.

14 (b) CONFORMING REPEAL.—Section 8053 of the De15 partment of Defense Appropriations Act, 1998 (10 U.S.C. 

16 2241 note), is repealed. 

17 SEC. 1043. ADDITIONAL DEFINITIONS FOR PURPOSES OF 

18 TITLE 10, UNITED STATES CODE.

19 (a) GENERAL DEFINITIONS.—Section 101(a) of title 

20 10, United States Code, is amended by adding at the end 

21 the following new paragraphs: 

22 ‘‘(16) The term ‘congressional defense commit23 tees’ means—
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1 ‘‘(A) the Committee on Armed Services and 

2 the Committee on Appropriations of the Senate; 

3 and 

4 ‘‘(B) the Committee on Armed Services and 

5 the Committee on Appropriations of the House of 

6 Representatives. 

7 ‘‘(17) The term ‘base closure law’ means the fol8 lowing: 

9 ‘‘(A) Section 2687 of this title. 

10 ‘‘(B) The Defense Base Closure and Re11 alignment Act of 1990 (part A of title XXIX of 

12 Public Law 101–510; 10 U.S.C. 2687 note). 

13 ‘‘(C) Title II of the Defense Authorization 

14 Amendments and Base Closure and Realignment 

15 Act (Public Law 100–526; 10 U.S.C. 2687 note). 

16 (b) REFERENCES TO CONGRESSIONAL DEFENSE COM17 MITTEES.—Title 10, United States Code, is further amend18 ed as follows: 

19 (1) Section 135(e) is amended—

20 (A) by striking ‘‘(1)’’; 

21 (B) by striking ‘‘each congressional com22 mittee specified in paragraph (2)’’ and inserting 

23 ‘‘each of the congressional defense committees’’; 

24 and 

25 (C) by striking paragraph (2). 
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1 (2) Section 153(c) is amended—

2 (A) by striking ‘‘committees of Congress 

3 named in paragraph (2)’’ and inserting ‘‘con4 gressional defense committees’’; 

5 (B) by striking paragraph (2); and 

6 (C) by designating the second sentence of 

7 paragraph (1) as paragraph (2) and in that 

8 paragraph (as so designated) by striking ‘‘The 

9 report’’ and inserting ‘‘Each report under para10 graph (1)’’. 

11 (3) Section 181(d)(2) is amended—

12 (A) by striking ‘‘subsection:’’ and all that 

13 follows through ‘‘oversight’’ and inserting ‘‘sub14 section, the term ‘oversight’’; and 

15 (B) by striking subparagraph (B). 

16 (4) Section 224 is amended by striking sub17 section (f). 

18 (5) Section 228(e) is amended—

19 (A) by striking ‘‘DEFINITIONS’’ and all that 

20 follows through ‘‘(1) The term’’ and inserting 

21 ‘‘O&M BUDGET ACTIVITY DEFINED.—In this sec22 tion, the term’’; and 

23 (B) by striking paragraph (2). 

24 (6) Section 229 is amended by striking sub25 section (f). 
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1 (7) Section 1107(f)(4) is amended by striking 

2 subparagraph (C). 

3 (8) Section 2216(j) is amended by striking para4 graph (3). 

5 (9) Section 2218(l) is amended—

6 (A) by striking paragraph (4); and 

7 (B) by redesignating paragraph (5) as 

8 paragraph (4). 

9 (10) Section 2306b(l) is amended—

10 (A) by striking paragraph (9); and 

11 (B) by redesignating paragraph (10) as 

12 paragraph (9). 

13 (11) Section 2308(e)(2) is amended—

14 (A) by striking subparagraph (A); and 

15 (B) by redesignating subparagraphs (B) 

16 and (C) as subparagraphs (A) and (B), respec17 tively. 

18 (12) Section 2366(e) is amended—

19 (A) by striking paragraph (7); and 

20 (B) by redesignating paragraphs (8) and 

21 (9) as paragraphs (7) and (8), respectively. 

22 (13) Section 2399(h) is amended—

23 (A) by striking ‘‘DEFINITIONS.—’’ and all 

24 that follows through ‘‘(1) The term’’ and insert-
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1 ing ‘‘OPERATIONAL TEST AND EVALUATION DE2 FINED.—In this section, the term’’; 

3 (B) by striking paragraph (2); 

4 (C) by redesignating subparagraphs (A), 

5 (B), and (C) as paragraphs (1), (2), and (3), re6 spectively; and 

7 (D) by realigning those paragraphs (as so 

8 redesignated) so as to be indented two ems from 

9 the left margin. 

10 (14) Section 2667(h) is amended by striking 

11 paragraph (1). 

12 (15) Section 2688(e)(1) is amended by striking 

13 ‘‘the Committee on’’ the first place it appears and all 

14 that follows through ‘‘House of Representatives’’ and 

15 inserting ‘‘the congressional defense committees’’. 

16 (16) Section 2801(c)(4) is amended by striking 

17 ‘‘the Committee on’’ the first place it appears and all 

18 that follows through ‘‘House of Representatives’’ and 

19 inserting ‘‘the congressional defense committees’’. 

20 (c) REFERENCES TO BASE CLOSURE LAWS.—Title 10, 

21 United States Code, is further amended as follows: 

22 (1) Section 2306c(h) is amended by striking 

23 ‘‘ADDITIONAL’’ and all that follows through ‘‘(2) The 

24 term’’ and inserting ‘‘MILITARY INSTALLATION DE25 FINED.—In this section, the term’’. 
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1 (2) Section 2490a(f) is amended—

2 (A) by striking ‘‘DEFINITIONS.—’’ and all 

3 that follows through ‘‘(1) The term’’ and insert4 ing ‘‘NONAPPROPRIATED FUND INSTRUMEN5 TALITY DEFINED.—In this section, the term’’; 

6 and 

7 (B) by striking paragraph (2). 

8 (3) Section 2667(h), as amended by subsection 

9 (b)(13), is further amended by striking ‘‘section:’’ and 

10 all that follows through ‘‘(3) The term’’ and inserting 

11 ‘‘section, the term’’. 

12 (4) Section 2696(e) is amended—

13 (A) by striking paragraphs (1), (2), (3), 

14 and (4) and inserting the following: 

15 ‘‘(1) A base closure law.’’; and 

16 (B) by redesignating paragraph (6) as 

17 paragraph (2). 

18 (4) Section 2705 is amended by striking sub19 section (h). 

20 (5) Section 2871 is amended by striking para21 graph (2). 
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1 SEC. 1044. INCLUSION OF ANNUAL MILITARY CONSTRUC2 TION AUTHORIZATION REQUEST IN ANNUAL 

3 DEFENSE AUTHORIZATION REQUEST. 

4 (a) INCLUSION OF MILITARY CONSTRUCTION RE5 QUEST.—Section 113a(b) of title 10, United States Code, 

6 is amended—

7 (1) by redesignating paragraph (3) as para8 graph (4); and 

9 (2) by inserting after paragraph (2) the fol10 lowing new paragraph (3): 

11 ‘‘(3) Authority to carry out military construc12 tion projects, as required by section 2802 of this 

13 title.’’. 

14 (b) REPEAL OF SEPARATE TRANSMISSION OF RE15 QUEST.—(1) Section 2859 of such title is repealed. 

16 (2) The table of sections at the beginning of subchapter 

17 III of chapter 169 of such title is amended by striking the 

18 item relating to section 2859. 

19 SEC. 1045. TECHNICAL AND CLERICAL AMENDMENTS. 

20 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

21 United States Code, is amended as follows: 

22 (1) The tables of chapters at the beginning of 

23 subtitle A, and at the beginning of part IV of subtitle 

24 A, are amended by striking ‘‘2701’’ in the item relat25 ing to chapter 160 and inserting ‘‘2700’’. 
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1 (2) Section 101(a)(9)(D) is amended by striking 

2 ‘‘Transportation’’ and inserting ‘‘Homeland Secu3 rity’’. 

4 (3) Section 2002(a)(2) is amended by striking 

5 ‘‘Foreign Service Institute’’ and inserting ‘‘George P. 

6 Schultz National Foreign Affairs Training Center’’. 

7 (4)(A) Section 2248 is repealed. 

8 (B) The table of sections at the beginning of 

9 chapter 134 is amended by striking the item relating 

10 to section 2248. 

11 (5) Section 2305a(c) is amended by striking ‘‘the 

12 Brooks Architect-Engineers Act (40 U.S.C. 541 et 

13 seq.)’’ and inserting ‘‘chapter 11 of title 40’’. 

14 (6) Section 2432(h)(1) is amended by inserting 

15 ‘‘program’’ in the first sentence after ‘‘for such’’. 

16 (7) Section 7503(d) is amended by inserting 

17 ‘‘such’’ before ‘‘title III.’’

18 (b) TITLE 37, UNITED STATES CODE.—Title 37, 

19 United States Code, is amended as follows: 

20 (1) Section 323(a) is amended by striking ‘‘1 

21 year’’ in paragraphs (1) and (2) and inserting ‘‘one 

22 year’’. 

23 (2) Section 402(b) is amended—

24 (A) by striking paragraph (1); and 
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1 (B) in paragraph (2), by striking ‘‘On and 

2 after January 1, 2002, the’’ and inserting ‘‘The’’. 

3 (c) FLOYD D. SPENCE NATIONAL DEFENSE

4 AUTHORIZATON ACT FOR FISCAL YEAR 2001.—The Floyd 

5 D. Spence National Defense Authorization Act for Fiscal 

6 Year 2001 (as enacted into law by Public Law 106–398) 

7 is amended as follows: 

8 (1) Section 1308(c) (22 U.S.C. 5959) is amend9 ed—

10 (A) by redesignating paragraph (7) as 

11 paragraph (8); and 

12 (B) by redesignating the second paragraph 

13 (6) as paragraph (7). 

14 (2) Section 814 (10 U.S.C. 1412 note) is amend15 ed in subsection (d)(1) by striking ‘‘the Clinger-Cohen 

16 Act of 1996 (divisions D and E of Public Law 104–

17 106)’’ and inserting ‘‘subtitle III of title 40, United 

18 States Code’’. 

19 (d) NATIONAL DEFENSE AUTHORIZATION ACT FOR

20 FISCAL YEAR 2000.—Section 1305 of the National Defense 

21 Authorization Act for Fiscal Year 2000 (Public Law 106–

22 65; 22 U.S.C. 5952 note) is amended by striking the second 

23 period at the end. 

24 (e) STROM THURMOND NATIONAL DEFENSE AUTHOR25 IZATION ACT FOR FISCAL YEAR 1999.—Section 819 of the 
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1 Strom Thurmond National Defense Authorization Act for 

2 Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2089) 

3 is amended by striking ‘‘section 201(c) of the Federal Prop4 erty and Administrative Services Act of 1949 (40 U.S.C. 

5 481(c)),’’ and inserting ‘‘section 503 of title 40, United 

6 States Code,’’.

7 (f) NATIONAL DEFENSE AUTHORIZATION ACT FOR

8 FISCAL YEAR 1997.—Section 1084(e) of the National De9 fense Authorization Act for Fiscal Year 1997 (Public Law 

10 104–201; 110 Stat. 2675) is amended by striking ‘‘98–515’’ 

11 and inserting ‘‘98–525’’. The amendment made by the pre12 ceding sentence shall take effect as if included in Public 

13 Law 104–201. 

14 (g) FEDERAL ACQUISITION STREAMLINING ACT OF

15 1994.—Subsection (d) of section 1004 of the Federal Acquisi16 tion Streamlining Act of 1994 (Public Law 103–355; 108 

17 Stat, 3253) is amended by striking ‘‘under—’’ and all that 

18 follows through the end of paragraph (2) and inserting 

19 ‘‘under chapter 11 of title 40, United States Code.’’. 

20 (h) ARMED FORCES RETIREMENT HOME ACT OF

21 1991.—Section 1520(b)(1)(C) of the Armed Forces Retire22 ment Home Act of 1991 (24 U.S.C. 420(b)(1)(C)) is amend23 ed by inserting ‘‘Armed Forces’’ before ‘‘Retirement Home 

24 Trust Fund’’. 
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1 SEC. 1046. AUTHORITY TO PROVIDE LIVING QUARTERS FOR 

2 CERTAIN STUDENTS IN COOPERATIVE AND 

3 SUMMER EDUCATION PROGRAMS OF THE NA4 TIONAL SECURITY AGENCY. 

5 Section 2195 of title 10, United States Code, is amend6 ed by adding at the end the following new subsection: 

7 ‘‘(d)(1) The Director of the National Security Agency 

8 may provide a qualifying employee of a defense laboratory 

9 of that Agency with living quarters at no charge, or at a 

10 rate or charge prescribed by the Director by regulation, 

11 without regard to section 5911(c) of title 5. 

12 ‘‘(2) In this subsection, the term ‘qualifying employee’ 

13 means a student who is employed at the National Security 

14 Agency under—

15 ‘‘(A) a Student Educational Employment Pro16 gram of the Agency conducted under this section or 

17 any other provision of law; or 

18 ‘‘(B) a similar cooperative or summer education 

19 program of the Agency that meets the criteria for Fed20 eral cooperative or summer education programs pre21 scribed by the Office of Personnel Management.’’. 

22 SEC. 1047. USE OF DRUG INTERDICTION AND COUNTER23 DRUG FUNDS TO SUPPORT ACTIVITIES OF 

24 THE GOVERNMENT OF COLOMBIA. 

25 (a) AUTHORITY TO PROVIDE ASSISTANCE.—During 

26 fiscal years 2004 and 2005, the Secretary of Defense may 
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1 use funds made available to the Department of Defense for 

2 drug interdiction and counter-drug activities to provide as3 sistance to the Government of Colombia—

4 (1) to support a unified campaign against nar5 cotics trafficking in Colombia; 

6 (2) to support a unified campaign against ac7 tivities by designated terrorist organizations, such as 

8 the Revolutionary Armed Forces of Colombia (FARC), 

9 the National Liberation Army (ELN), and the United 

10 Self-Defense Forces of Colombia (AUC); and 

11 (3) to take actions to protect human health and 

12 welfare in emergency circumstances, including under13 taking rescue operations. 

14 (b) RELATION TO OTHER ASSISTANCE AUTHORITY.—

15 The authority provided by subsection (a) is in addition to 

16 other provisions of law authorizing the provision of assist17 ance to the Government of Colombia. 

18 SEC. 1048. AUTHORITY FOR JOINT TASK FORCES TO PRO19 VIDE SUPPORT TO LAW ENFORCEMENT AGEN20 CIES CONDUCTING COUNTER-TERRORISM AC21 TIVITIES. 

22 (a) AUTHORITY.—A joint task force of the Department 

23 of Defense that provides support to law enforcement agen24 cies conducting counter-drug activities may also provide, 

25 consistent with all applicable laws and regulations, support 
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1 to law enforcement agencies conducting counter-terrorism 

2 activities. 

3 (b) CONDITIONS.—Any support provided under sub4 section (a) may only be provided in the geographic area 

5 of responsibility of the joint task force. 

6 SEC. 1049. USE OF NATIONAL DRIVER REGISTER FOR PER7 SONNEL SECURITY INVESTIGATIONS AND DE8 TERMINATIONS. 

9 Section 30305(b) of title 49, United States Code, is 

10 amended—

11 (1) by redesignating paragraphs (9) through (11) 

12 as paragraphs (10) through (12), respectively; and 

13 (2) by inserting after paragraph (8) the fol14 lowing new paragraph: 

15 ‘‘(9) An individual who is being investigated for—

16 ‘‘(A) eligibility for access to a particular level of 

17 classified information for purposes of Executive Order 

18 12968, or any successor Executive order; or 

19 ‘‘(B) Federal employment under authority of Ex20 ecutive Order 10450, or any successor Executive 

21 order, 

22 may request the chief driver licensing official of a State to 

23 provide information about the individual pursuant to sub24 section (a) of this section to a Federal department or agency 

25 that is authorized to investigate the individual for the pur-
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1 pose of assisting in the determination of the eligibility of 

2 the individual for access to classified information or for 

3 Federal employment. A Federal department or agency that 

4 receives such information about an individual may use it 

5 in accordance with applicable law. Information may not 

6 be obtained from the Register under this paragraph if the 

7 information was entered in the Register more than 3 years 

8 before the request, unless the information is about a revoca9 tion or suspension still in effect on the date of the request.’’. 

10 SEC. 1050. PROTECTION OF OPERATIONAL FILES OF THE 

11 NATIONAL SECURITY AGENCY. 

12 The National Security Agency Act of 1959 (50 U.S.C. 

13 402 note) is amended by adding at the end the following 

14 new section: 

15 ‘‘SEC. 19. (a) EXEMPTION OF CERTAIN OPERATIONAL

16 FILES FROM SEARCH, REVIEW, PUBLICATION, OR DISCLO17 SURE.—(1) The Director of the National Security Agency, 

18 with the coordination of the Director of Central Intelligence, 

19 may exempt operational files of the National Security 

20 Agency from the provisions of section 552 of title 5, United 

21 States Code, which require publication, disclosure, search, 

22 or review in connection therewith. 

23 ‘‘(2)(A) Subject to subparagraph (B), for the purposes 

24 of this section, the term ‘operational files’ means files of 

25 the National Security Agency that document the means by 
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1 which foreign intelligence or counterintelligence is collected 

2 through technical systems. 

3 ‘‘(B) Files that contain disseminated intelligence are 

4 not operational files. 

5 ‘‘(3) Notwithstanding paragraph (1), exempted oper6 ational files shall continue to be subject to search and review 

7 for information concerning—

8 ‘‘(A) United States citizens or aliens lawfully 

9 admitted for permanent residence who have requested 

10 information on themselves pursuant to the provisions 

11 of section 552 of title 5 or section 552a of title 5, 

12 United States Code; 

13 ‘‘(B) any special activity the existence of which 

14 is not exempt from disclosure under the provisions of 

15 section 552 of title 5, United States Code; or 

16 ‘‘(C) the specific subject matter of an investiga17 tion by any of the following for any impropriety, or 

18 violation of law, Executive order, or Presidential di19 rective, in the conduct of an intelligence activity: 

20 ‘‘(i) The Permanent Select Committee on 

21 Intelligence of the House of Representatives. 

22 ‘‘(ii) The Select Committee on Intelligence 

23 of the Senate. 

24 ‘‘(iii) The Intelligence Oversight Board. 

25 ‘‘(iv) The Department of Justice. 
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1 ‘‘(v) The Office of General Counsel of the 

2 National Security Agency. 

3 ‘‘(vi) The Office of the Director of the Na4 tional Security Agency. 

5 ‘‘(4)(A) Files that are not exempted under paragraph 

6 (1) which contain information derived or disseminated 

7 from exempted operational files shall be subject to search 

8 and review. 

9 ‘‘(B) The inclusion of information from exempted oper10 ational files in files that are not exempted under paragraph 

11 (1) shall not affect the exemption under paragraph (1) of 

12 the originating operational files from search, review, publi13 cation, or disclosure. 

14 ‘‘(C) The declassification of some of the information 

15 contained in exempted operational files shall not affect the 

16 status of the operational file as being exempt from search, 

17 review, publication, or disclosure. 

18 ‘‘(D) Records from exempted operational files which 

19 have been disseminated to and referenced in files that are 

20 not exempted under paragraph (1) and which have been 

21 returned to exempted operational files for sole retention 

22 shall be subject to search and review. 

23 ‘‘(5) The provisions of paragraph (1) may not be su24 perseded except by a provision of law which is enacted after 
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1 the date of the enactment of this section, and which specifi2 cally cites and repeals or modifies its provisions. 

3 ‘‘(6)(A) Except as provided in subparagraph (B), 

4 whenever any person who has requested agency records 

5 under section 552 of title 5, United States Code, alleges that 

6 the National Security Agency has withheld records improp7 erly because of failure to comply with any provision of this 

8 section, judicial review shall be available under the terms 

9 set forth in section 552(a)(4)(B) of title 5, United States 

10 Code. 

11 ‘‘(B) Judicial review shall not be available in the man12 ner provided for under subparagraph (A) as follows: 

13 ‘‘(i) In any case in which information specifi14 cally authorized under criteria established by an Ex15 ecutive order to be kept secret in the interests of na16 tional defense or foreign relations which is filed with, 

17 or produced for, the court by the National Security 

18 Agency, such information shall be examined ex parte, 

19 in camera by the court. 

20 ‘‘(ii) The court shall, to the fullest extent prac21 ticable, determine the issues of fact based on sworn 

22 written submissions of the parties. 

23 ‘‘(iii) When a complainant alleges that requested 

24 records are improperly withheld because of improper 

25 placement solely in exempted operational files, the 
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1 complainant shall support such allegation with a 

2 sworn written submission based upon personal knowl3 edge or otherwise admissible evidence. 

4 ‘‘(iv)(I) When a complainant alleges that re5 quested records were improperly withheld because of 

6 improper exemption of operational files, the National 

7 Security Agency shall meet its burden under section 

8 552(a)(4)(B) of title 5, United States Code, by dem9 onstrating to the court by sworn written submission 

10 that exempted operational files likely to contain re11 sponsive records currently perform the functions set 

12 forth in paragraph (2). 

13 ‘‘(II) The court may not order the National Se14 curity Agency to review the content of any exempted 

15 operational file or files in order to make the dem16 onstration required under subclause (I), unless the 

17 complainant disputes the National Security Agency’s 

18 showing with a sworn written submission based on 

19 personal knowledge or otherwise admissible evidence. 

20 ‘‘(v) In proceedings under clauses (iii) and (iv), 

21 the parties may not obtain discovery pursuant to 

22 rules 26 through 36 of the Federal Rules of Civil Pro23 cedure, except that requests for admission may be 

24 made pursuant to rules 26 and 36. 
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1 ‘‘(vi) If the court finds under this paragraph 

2 that the National Security Agency has improperly 

3 withheld requested records because of failure to com4 ply with any provision of this subsection, the court 

5 shall order the Agency to search and review the ap6 propriate exempted operational file or files for the re7 quested records and make such records, or portions 

8 thereof, available in accordance with the provisions of 

9 section 552 of title 5, United States Code, and such 

10 order shall be the exclusive remedy for failure to com11 ply with this subsection. 

12 ‘‘(vii) If at any time following the filing of a 

13 complaint pursuant to this paragraph the National 

14 Security Agency agrees to search the appropriate ex15 empted operational file or files for the requested 

16 records, the court shall dismiss the claim based upon 

17 such complaint. 

18 ‘‘(viii) Any information filed with, or produced 

19 for the court pursuant to clauses (i) and (iv) shall be 

20 coordinated with the Director of Central Intelligence 

21 prior to submission to the court. 

22 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER23 ATIONAL FILES.—(1) Not less than once every 10 years, the 

24 Director of the National Security Agency and the Director 

25 of Central Intelligence shall review the exemptions in force 
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1 under subsection (a)(1) to determine whether such exemp2 tions may be removed from the category of exempted files 

3 or any portion thereof. The Director of Central Intelligence 

4 must approve any determination to remove such exemp5 tions. 

6 ‘‘(2) The review required by paragraph (1) shall in7 clude consideration of the historical value or other public 

8 interest in the subject matter of the particular category of 

9 files or portions thereof and the potential for declassifying 

10 a significant part of the information contained therein. 

11 ‘‘(3) A complainant that alleges that the National Se12 curity Agency has improperly withheld records because of 

13 failure to comply with this subsection may seek judicial re14 view in the district court of the United States of the district 

15 in which any of the parties reside, or in the District of 

16 Columbia. In such a proceeding, the court’s review shall be 

17 limited to determining the following: 

18 ‘‘(A) Whether the National Security Agency has 

19 conducted the review required by paragraph (1) before 

20 the expiration of the 10-year period beginning on the 

21 date of the enactment of this section or before the ex22 piration of the 10-year period beginning on the date 

23 of the most recent review. 
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1 ‘‘(B) Whether the National Security Agency, in 

2 fact, considered the criteria set forth in paragraph (2) 

3 in conducting the required review.’’.

4 SEC. 1051. ASSISTANCE FOR STUDY OF FEASIBILITY OF BI5 ENNIAL INTERNATIONAL AIR TRADE SHOW IN 

6 THE UNITED STATES AND FOR INITIAL IM7 PLEMENTATION. 

8 (a) ASSISTANCE FOR COMMUNITY FEASIBILITY

9 STUDY.—(1) The Secretary of Defense shall provide assist10 ance to a community selected under subsection (d) for ex11 penses of a study by that community of the feasibility of 

12 the establishment and operation of a biennial international 

13 air trade show in the area of that community. 

14 (2) The Secretary shall provide for the community to 

15 submit to the Secretary a report containing the results of 

16 the study not later than September 30, 2004. The Secretary 

17 shall promptly submit the report to Congress, together with 

18 such comments on the report as the Secretary considers ap19 propriate. 

20 (b) ASSISTANCE FOR IMPLEMENTATION.—If the com21 munity conducting the study under subsection (a) deter22 mines that the establishment and operation of such an air 

23 show is feasible and should be implemented, the Secretary 

24 shall provide assistance to the community for the initial 
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1 expenses of implementing such an air show in the selected 

2 community. 

3 (c) AMOUNT OF ASSISTANCE.—The amount of assist4 ance provided by the Secretary under subsections (a) and 

5 (b)—

6 (1) may not exceed a total of $1,000,000, to be 

7 derived from amounts available for operation and 

8 maintenance for the Air Force for fiscal year 2004 or 

9 later fiscal years; and 

10 (2) may not exceed one-half of the cost of the 

11 study and may not exceed one-half the cost of such 

12 initial implementation. 

13 (d) SELECTION OF COMMUNITY.—The Secretary shall 

14 select a community for purposes of subsection (a) through 

15 the use of competitive procedures. In making such selection, 

16 the Secretary shall give preference to those communities that 

17 already sponsor an air show, have demonstrated a history 

18 of supporting air shows with local resources, and have a 

19 significant role in the aerospace community. The commu20 nity shall be selected not later than March 1, 2004.

21 SEC. 1052. CONTINUATION OF REASONABLE ACCESS TO 

22 MILITARY INSTALLATIONS FOR PERSONAL 

23 COMMERCIAL SOLICITATION. 

24 (a) CONTINUED ACCESS TO MEMBERS.—Section 2679 

25 of title 10, United States Code, is amended—
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1 (1) in subsection (a), by inserting ‘‘ACCESS BY

2 REPRESENTATIVES OF VETERANS’ ORGANIZATIONS.—

3 (1)’’ before ‘‘Upon certification’’; 

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

5 paragraphs (2) and (3), respectively; 

6 (3) in paragraph (2), as so redesignated, by 

7 striking ‘‘subsection (a)’’ and inserting ‘‘paragraph 

8 (1)’’; 

9 (4) in paragraph (3), as so redesignated, by 

10 striking ‘‘section’’ and inserting ‘‘subsection’’; 

11 (5) by redesignating subsection (d) as subsection 

12 (c); and 

13 (6) by inserting before such subsection the fol14 lowing new subsection (b): 

15 ‘‘(b) ACCESS FOR PERSONAL COMMERCIAL SOLICITA16 TION.—An amendment or other revision to a Department 

17 of Defense directive relating to access to military installa18 tions for the purpose of conducting limited personal com19 mercial solicitation shall not take effect until the end of the 

20 90-day period beginning on the date the Secretary of De21 fense submits to Congress notice of the amendment or revi22 sion and the reasons therefor.’’. 

23 (b) CLERICAL AMENDMENTS.—(1) The heading of such 

24 section is amended to read as follows: 
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1 ‘‘§ 2679. Access to and use of space and equipment at 

2 military installations: representatives of 

3 veterans’ organizations and other per4 sons’’. 

5 (2) The item relating to such section in the table of 

6 sections at the beginning of chapter 159 of such title is 

7 amended to read as follows:

‘‘2679. Access to and use of space and equipment at military installations: representatives of veterans’ organizations and other persons.’’.

8 SEC. 1053. COMMISSION ON NUCLEAR STRATEGY OF THE 

9 UNITED STATES.

10 (a) ESTABLISHMENT OF COMMISSION.—

11 (1) ESTABLISHMENT.—There is hereby estab12 lished a commission to be known as the ‘‘Commission 

13 on Nuclear Strategy of the United States’’ (herein14 after this this section referred to as the ‘‘Commis15 sion’’). The Secretary of Defense, in consultation with 

16 the Secretary of Energy, shall enter into a contract 

17 with a federally funded research and development cen18 ter to provide for the organization, management, and 

19 suport of the Commission. 

20 (2) COMPOSITION.—(A) The Commission shall be 

21 composed of 12 members appointed by the Secretary 

22 of Defense. In selecting individuals for appointment 

23 to the Commission, the Secretary of Defense shall con24 sult with the chairman and ranking minority mem-
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1 ber of the Committee on Armed Services of the Senate 

2 and the chairman and ranking minority member of 

3 the Committee on Armed Services of the House of 

4 Representatives. 

5 (B) Members of the Commission shall be ap6 pointed from among private United States citizens 

7 with knowledge and expertise in the political, mili8 tary, operational, and technical aspects of nuclear 

9 strategy. 

10 (3) CHAIRMAN OF THE COMMISSION.—The Sec11 retary of Defense shall designate one of the members 

12 of the Commission to serve as chairman of the Com13 mission. 

14 (4) PERIOD OF APPOINTMENT; VACANCIES.—

15 Members shall be appointed for the life of the Com16 mission. Any vacancy in the Commission shall be 

17 filled in the same manner as the original appoint18 ment. 

19 (5) SECURITY CLEARANCES.—All members of the 

20 Commission shall hold appropriate security clear21 ances. 

22 (b) DUTIES OF COMMISSION.—

23 (1) REVIEW OF NUCLEAR STRATEGY.—The Com24 mission shall consider all matters of policy, force 

25 structure, nuclear stockpile stewardship, estimates of 
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1 threats and force requirements, and any other issue 

2 the Commission may consider necessary in order to 

3 assess and make recommendations about current 

4 United States nuclear strategy as envisioned in the 

5 National Security Strategy of the United States and 

6 the Nuclear Posture Review, as well as possible alter7 native future strategies. 

8 (2) ASSESSMENT OF RANGE OF NUCLEAR STRAT9 EGIES.—The Commission shall assess possible future 

10 nuclear strategies for the United States that could be 

11 pursued over the next 20 years. 

12 (3) RELATIONS WITH RUSSIA.—The Commission 

13 shall give special attention to assessing how the 

14 United States goal of strengthening partnership with 

15 Russia may be advanced or adversely affected by each 

16 of the possible nuclear strategies considered. The Com17 mission shall also assess how relations with China, 

18 and the overall global security environment, may be 

19 affected by each of those possible nuclear strategies. 

20 (4) OTHER MATTERS TO BE INCLUDED.—For 

21 each of the possible nuclear strategies considered, the 

22 Commission shall include in its report under sub23 section (c)(1), at a minimum, the following: 
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1 (A) A discussion of the policy defining the 

2 deterrence and military-political objectives of the 

3 United States against potential adversaries. 

4 (B) A discussion of the military require5 ments for United States forces, the force structure 

6 and capabilities necessary to meet those require7 ments, and how they relate to the achievement of 

8 the objectives identified under subparagraph (A). 

9 (C) Appropriate quantitative and quali10 tative analysis, including force-on-force exchange 

11 modeling, to calculate the effectiveness of the 

12 strategy under various scenario conditions, in13 cluding scenarios of strategic and tactical sur14 prise. 

15 (D) An assessment of the role of missile de16 fenses in the strategy, the dependence of the 

17 strategy on missile defense effectiveness, and the 

18 effect of missile defenses on the threat environ19 ment. 

20 (E) An assessment of the implications of the 

21 proliferation of missiles and weapons of mass de22 struction, the proliferation of underground facili23 ties and mobile launch platforms, and China’s 

24 modernization of strategic forces. 
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1 (F) An assessment of the implications of 

2 asymmetries between the United States and Rus3 sia, including doctrine, nonstrategic nuclear 

4 weapons, and active and passive defenses. 

5 (G) An assessment of strategies or options 

6 for dealing with nuclear capable nations that 

7 may provide nuclear weapons to terrorist or 

8 transnational groups. 

9 (H) An assessment of the contribution of 

10 non-proliferation strategies and programs to the 

11 overall security of the United States and how 

12 those strategies and programs may affect the 

13 overall requirements of future nuclear strategy. 

14 (I) An assessment of the effect of the strat15 egy on the nuclear programs of emerging nuclear 

16 weapons states, including North Korea, Iran, 

17 Pakistan, and India. 

18 (5) RECOMMENDATIONS.—The Commission shall 

19 include in its report recommendations for any con20 tinuities or changes in nuclear strategy it believes 

21 should be taken to enhance the national security of the 

22 United States. 

23 (6) COOPERATION FROM GOVERNMENT OFFI24 CIALS.—(A) In carrying out its duties, the Commis25 sion shall receive the full and timely cooperation of 
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1 the Secretary of Defense, the Secretary of Energy, and 

2 any other United States Government official in pro3 viding the Commission with analyses, briefings, and 

4 other information necessary for the fulfillment of its 

5 responsibilities. 

6 (B) The Secretary of Energy and the Secretary 

7 of Defense shall each designate at least one officer or 

8 employee of the Department of Energy and the De9 partment of Defense, respectively, to serve as a liaison 

10 officer between the department and the Commission. 

11 The Director of Central Intelligence may designate at 

12 least one officer or employee of the Central Intel13 ligence Agency to serve as a liaison officer between 

14 that agency and the Commission. 

15 (c) REPORTS.—

16 (1) COMMISSION REPORT.—The Commission 

17 shall submit to the Secretary of Defense and to the 

18 Committees on Armed Services of the Senate and 

19 House of Representatives a report on the Commis20 sion’s findings and conclusions not later than 18 

21 months after the date of its first meeting. 

22 (2) SECRETARY OF DEFENSE RESPONSE.—Not 

23 later than one year after the date on which the Com24 mission submits its report under paragraph (1), the 
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1 Secretary of Defense shall submit to Congress a re2 port—

3 (A) commenting on the Commission’s find4 ings and conclusions; and 

5 (B) explaining what actions, if any, the 

6 Secretary intends to take to implement the rec7 ommendations of the Commission and, with re8 spect to each such recommendation, the Sec9 retary’s reasons for implementing, or not imple10 menting, the recommendation. 

11 (d) HEARINGS AND PROCEDURES.—

12 (1) HEARINGS.—The Commission may, for the 

13 purpose of carrying out the purposes of this section, 

14 hold hearings and take testimony. 

15 (2) PROCEDURES.—The federally funded re16 search and development center referred to in sub17 section (a)(1) shall be responsible for establishing ap18 propriate procedures for the Commission. 

19 (3) DETAIL OF GOVERNMENT EMPLOYEES.—

20 Upon request of the chairman of the Commission, the 

21 head of any Federal department or agency may de22 tail, on a nonreimbursable basis, any personnel of 

23 that department or agency to the Commission to as24 sist it in carrying out its duties. 
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1 (e) FUNDING.—Funds for activities of the Commission 

2 shall be provided from amounts appropriated for the De3 partment of Defense. 

4 (f) TERMINATION OF COMMISSION.—The Commission 

5 shall terminate 60 days after the date of the submission of 

6 its report under subsection (c)(1). 

7 (g) IMPLEMENTATION.—

8 (1) FFRDC CONTRACT.—The Secretary of De9 fense shall enter into the contract required under sub10 section (a)(1) not later than 60 days after the date of 

11 the enactment of this Act. 

12 (2) FIRST MEETING.—The Commission shall con13 vene its first meeting not later than 60 days after the 

14 date as of which all members of the Commission have 

15 been appointed.

16 SEC. 1054. EXTENSION OF COUNTERPROLIFERATION PRO17 GRAM REVIEW COMMITTEE. 

18 Section 1605(f) of the National Defense Authorization 

19 Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended 

20 by striking ‘‘September 30, 2004’’ and inserting ‘‘September 

21 30, 2008’’.
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1 TITLE XI—DEPARTMENT OF 

2 DEFENSE CIVILIAN PERSONNEL 

3 Subtitle A—Department of Defense 

4 Civilian Personnel Generally 

5 SEC. 1101. MODIFICATION OF THE OVERTIME PAY CAP. 

6 Section 5542(a)(2) of title 5, United States Code, is 

7 amended—

8 (1) by inserting ‘‘the greater of’’ before ‘‘one and 

9 one-half’’; and 

10 (2) by inserting ‘‘or the hourly rate of basic pay 

11 of the employee’’ after ‘‘law)’’ the second place it ap12 pears. 

13 SEC. 1102. MILITARY LEAVE FOR MOBILIZED FEDERAL CI14 VILIAN EMPLOYEES. 

15 (a) IN GENERAL.—Subsection (b) of section 6323 of 

16 title 5, United States Code, is amended—

17 (1) in paragraph (2)—

18 (A) by redesignating subparagraphs (A) 

19 and (B) as clauses (i) and (ii), respectively, and 

20 at the end of clause (ii), as so redesignated, by 

21 inserting ‘‘or’’; and 

22 (B) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

23 (2) by inserting the following before the text be24 ginning with ‘‘is entitled’’: 
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1 ‘‘(B) performs full-time military service as a re2 sult of a call or order to active duty in support of a 

3 contingency operation as defined in section 

4 101(a)(13) of title 10;’’. 

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall apply to military service performed on or 

7 after the date of the enactment of this Act.

8 SEC. 1103. COMMON OCCUPATIONAL AND HEALTH STAND9 ARDS FOR DIFFERENTIAL PAYMENTS AS A 

10 CONSEQUENCE OF EXPOSURE TO ASBESTOS. 

11 (a) PREVAILING RATE SYSTEMS.—Section 5343(c)(4) 

12 of title 5, United States Code, is amended by inserting be13 fore the semicolon at the end the following: ‘‘, and for any 

14 hardship or hazard related to asbestos, such differentials 

15 shall be determined by applying occupational safety and 

16 health standards consistent with the permissible exposure 

17 limit promulgated by the Secretary of Labor under the Oc18 cupational Safety and Health Act of 1970’’. 

19 (b) GENERAL SCHEDULE PAY RATES.—Section 

20 5545(d) of such title is amended by inserting before the pe21 riod at the end of the first sentence the following: ‘‘, and 

22 for any hardship or hazard related to asbestos, such dif23 ferentials shall be determined by applying occupational 

24 safety and health standards consistent with the permissible 
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1 exposure limit promulgated by the Secretary of Labor under 

2 the Occupational Safety and Health Act of 1970’’. 

3 (c) APPLICABILITY.—Subject to any vested constitu4 tional property rights, any administrative or judicial deter5 mination after the date of enactment of this Act concerning 

6 backpay for a differential established under sections 

7 5343(c)(4) or 5545(d) of such title shall be based on occupa8 tional safety and health standards described in the amend9 ments made by subsections (a) and (b). 

10 SEC. 1104. INCREASE IN ANNUAL STUDENT LOAN REPAY11 MENT AUTHORITY. 

12 Section 5379(b)(2)(A) of title 5, United States Code, 

13 is amended by striking ‘‘$6,000’’ and inserting ‘‘$10,000’’. 

14 SEC. 1105. AUTHORIZATION FOR CABINET SECRETARIES, 

15 SECRETARIES OF MILITARY DEPARTMENTS, 

16 AND HEADS OF EXECUTIVE AGENCIES TO BE 

17 PAID ON A BIWEEKLY BASIS. 

18 (a) AUTHORIZATION.—Section 5504 of title 5, United 

19 States Code, is amended—

20 (1) by redesignating subsection (c) as subsection 

21 (d); 

22 (2) by striking the last sentence of both sub23 section (a) and subsection (b); and 

24 (3) by inserting after subsection (b) the fol25 lowing: 
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1 ‘‘(c) For the purposes of this section: 

2 ‘‘(1) The term ‘employee’ means—

3 ‘‘(A) an employee in or under an Executive 

4 agency; 

5 ‘‘(B) an employee in or under the Office of 

6 the Architect of the Capitol, the Botanic Garden, 

7 and the Library of Congress, for whom a basic 

8 administrative workweek is established under 

9 section 6101(a)(5) of this title; and 

10 ‘‘(C) an individual employed by the govern11 ment of the District of Columbia. 

12 ‘‘(2) The term ‘employee’ does not include—

13 ‘‘(A) an employee on the Isthmus of Pan14 ama in the service of the Panama Canal Com15 mission; or 

16 ‘‘(B) an employee or individual excluded 

17 from the definition of employee in section 

18 5541(2) of this title other than an employee or 

19 individual excluded by clauses (ii), (iii), and 

20 (xiv) through (xvii) of such section. 

21 ‘‘(3) Notwithstanding paragraph (2), an indi22 vidual who otherwise would be excluded from the defi23 nition of employee shall be deemed to be an employee 

24 for purposes of this section if the individual’s employ25 ing agency so elects, under guidelines in regulations 
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1 promulgated by the Office of Personnel Management 

2 under subsection (d)(2).’’. 

3 (b) GUIDELINES.—Subsection (d) of section 5504 of 

4 such title, as redesignated by subsection (a), is amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

6 (2) by adding at the end the following new para7 graph: 

8 ‘‘(2) The Office of Personnel Management shall provide 

9 guidelines by regulation for exemptions to be made by the 

10 heads of agencies under subsection (c)(3). Such guidelines 

11 shall provide for such exemptions only under exceptional 

12 circumstances.’’. 

13 SEC. 1106. SENIOR EXECUTIVE SERVICE AND PERFORM14 ANCE. 

15 (a) SENIOR EXECUTIVE PAY.—Chapter 53 of title 5, 

16 United States Code, is amended—

17 (1) in section 5304—

18 (A) in subsection (g)(2)—

19 (i) in subparagraph (A) by striking 

20 ‘‘subparagraphs (A)–(E)’’ and inserting 

21 ‘‘subparagraphs (A)–(D)’’; and 

22 (ii) in subparagraph (B) by striking 

23 ‘‘subsection (h)(1)(F)’’ and inserting ‘‘sub24 section (h)(1)(D)’’; 

25 (B) in subsection (h)(1)—
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1 (i) by striking subparagraphs (B) and 

2 (C); 

3 (ii) by redesignating subparagraphs 

4 (D), (E), and (F) as subparagraphs (B), 

5 (C), and (D), respectively; 

6 (iii) in clause (ii) by striking ‘‘or’’ at 

7 the end; 

8 (iv) in clause (iii) by striking the pe9 riod and inserting a semicolon; and 

10 (v) by adding at the end the following 

11 new clauses: 

12 ‘‘(iv) a Senior Executive Service position under 

13 section 3132; 

14 ‘‘(v) a position in the Federal Bureau of Inves15 tigation and Drug Enforcement Administration Sen16 ior Executive Service under section 3151; or 

17 ‘‘(vi) a position in a system equivalent to the 

18 system in clause (iv), as determined by the Presi19 dent’s Pay Agent designated under subsection (d).’’; 

20 and 

21 (C) in subsection (h)(2)(B)—

22 (i) in clause (i)—

23 (I) by striking ‘‘subparagraphs 

24 (A) through (E)’’ and inserting ‘‘sub25 paragraphs (A) through (C)’’; and 
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1 (II) by striking ‘‘clause (i) or 

2 (ii)’’ and inserting ‘‘clause (i), (ii), 

3 (iii), (iv), (v), or (vii)’’; and 

4 (ii) in clause (ii)—

5 (I) by striking ‘‘paragraph 

6 (1)(F)’’ and inserting ‘‘paragraph 

7 (1)(D)’’; and 

8 (II) by striking ‘‘clause (i) or 

9 (ii)’’ and inserting ‘‘clause (i), (ii), 

10 (iii), (iv), (v), or (vi)’’; 

11 (2) by amending section 5382 to read as follows: 

12 ‘‘§ 5382. Establishment of rates of pay for the Senior 

13 Executive Service 

14 ‘‘(a) Subject to regulations prescribed by the Office of 

15 Personnel Management, there shall be established a range 

16 of rates of basic pay for the Senior Executive Service, and 

17 each senior executive shall be paid at one of the rates within 

18 the range, based on individual performance, contribution 

19 to the agency’s performance, or both, as determined under 

20 a rigorous performance management system. The lowest 

21 rate of the range shall not be less than the minimum rate 

22 of basic pay payable under section 5376, and the highest 

23 rate, for any position under this system or an equivalent 

24 system as determined by the President’s Pay Agent des25 ignated under section 5304(d), shall not exceed the rate for 
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1 level III of the Executive Schedule. The payment of the rates 

2 shall not be subject to the pay limitation of section 5306(e) 

3 or 5373. 

4 ‘‘(b) Notwithstanding the provisions of subsection (a), 

5 the applicable maximum shall be level II of the Executive 

6 Schedule for any agency that is certified under section 5307 

7 as having a performance appraisal system which, as de8 signed and applied, makes meaningful distinctions based 

9 on relative performance. 

10 ‘‘(c) No employee may suffer a reduction in pay by 

11 reason of transfer from an agency with an applicable max12 imum rate of pay prescribed under subsection (b) to an 

13 agency with an applicable maximum rate of pay prescribed 

14 under subsection (a).’’; and 

15 (3) in section 5383—

16 (A) in subsection (a) by striking ‘‘which of 

17 the rates established under section 5382 of this 

18 title’’ and inserting ‘‘which of the rates within a 

19 range established under section 5382’’; and 

20 (B) in subsection (c) by striking ‘‘for any 

21 pay adjustment under section 5382 of this title’’ 

22 and inserting ‘‘as provided in regulations pre23 scribed by the Office under section 5385’’. 
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1 (b) POST-EMPLOYMENT RESTRICTIONS.—(1) Clause 

2 (ii) of section 207(c)(2)(A) of title 18, United States Code 

3 is amended to read as follows: 

4 ‘‘(ii) employed in a position which is not 

5 referred to in clause (i) and for which that per6 son is paid at a rate of basic pay which is equal 

7 to or greater than 96 percent of the rate of basic 

8 pay for level II of the Executive Schedule, or, for 

9 a period of 2 years following the enactment of 

10 the Federal Employees Pay for Performance Act 

11 of 2003, a person who, on the day prior to the 

12 enactment of that Act, was employed in a posi13 tion which is not referred to in clause (i) and for 

14 which the rate of basic pay, exclusive of any lo15 cality-based pay adjustment under section 5304 

16 or section 5304a of title 5, was equal to or great17 er than the rate of basic pay payable for level 5 

18 of the Senior Executive Service on the day prior 

19 to the enactment of that Act,’’. 

20 (2) Subchapter I of chapter 73 of title 5, United States 

21 Code, is amended by inserting at the end the following new 

22 section: 

23 ‘‘§ 7302. Post-employment notification 

24 ‘‘(a) Not later than the effective date of the amend25 ments made by sections 3 and 4 of the Federal Employees 
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1 Pay for Performance Act of 2003, or 180 days after the 

2 date of enactment of that Act, whichever is later, the Office 

3 of Personnel Management shall, in consultation with the At4 torney General and the Office of Government Ethics, pro5 mulgate regulations requiring that each Executive branch 

6 agency notify any employee of that agency who is subject 

7 to the provisions of section 207(c)(1) of title 18, as a result 

8 of the amendment to section 207(c)(2)(A)(ii) of that title 

9 by that Act. 

10 ‘‘(b) The regulations shall require that notice be given 

11 before, or as part of, the action that affects the employee’s 

12 coverage under section 207(c)(1) of title 18, by virtue of the 

13 provisions of section 207(c)(2)(A)(ii) of that title, and 

14 again when employment or service in the covered position 

15 is terminated.’’. 

16 (c) The table of sections for chapter 73 of title 5, 

17 United States Code, is amended by adding after the item 

18 relating to section 7301 the following:

‘‘7302. Post-employment notification.’’.

19 (c) EFFECTIVE DATE AND APPLICABILITY.—(1) The 

20 amendments made by this section shall take effect on the 

21 first day of the first pay period beginning on or after the 

22 first January 1 following the date of enactment of this sec23 tion. 

24 (2) The amendments made by subsection (a) may not 

25 result in a reduction in the rate of basic pay for any senior 
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1 executive during the first year after the effective date of 

2 those amendments. 

3 (3) For the purposes of subsection (c)(2), the rate of 

4 basic pay for a senior executive shall be deemed to be the 

5 rate of basic pay set for the senior executive under section 

6 5383 of title 5, United States Code, plus applicable locality 

7 pay paid to that senior executive, as of the date of enact8 ment of this Act.

9 SEC. 1107. DESIGN ELEMENTS OF PAY-FOR-PERFORMANCE 

10 SYSTEMS IN DEMONSTRATION PROJECTS. 

11 A pay-for-performance system may not be initiated 

12 under chapter 47 of title 5, United States Code, after the 

13 date of enactment of this Act, unless it incorporates the fol14 lowing elements: 

15 (1) adherence to merit principles set forth in sec16 tion 2301 of such title; 

17 (2) a fair, credible, and transparent employee 

18 performance appraisal system; 

19 (3) a link between elements of the pay-for-per20 formance system, the employee performance appraisal 

21 system, and the agency’s strategic plan; 

22 (4) a means for ensuring employee involvement 

23 in the design and implementation of the system; 
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1 (5) adequate training and retraining for super2 visors, managers, and employees in the implementa3 tion and operation of the pay-for-performance system; 

4 (6) a process for ensuring ongoing performance 

5 feedback and dialogue between supervisors, managers, 

6 and employees throughout the appraisal period, and 

7 setting timetables for review; 

8 (7) effective safeguards to ensure that the man9 agement of the system is fair and equitable and based 

10 on employee performance; and 

11 (8) a means for ensuring that adequate agency 

12 resources are allocated for the design, implementation, 

13 and administration of the pay-for-performance sys14 tem. 

15 SEC. 1108. FEDERAL FLEXIBLE BENEFITS PLAN ADMINIS16 TRATIVE COSTS. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, an agency or other employing entity of the Gov19 ernment which provides or plans to provide a flexible spend20 ing account option for its employees shall not impose any 

21 fee with respect to any of its employees in order to defray 

22 the administrative costs associated therewith. 

23 (b) OFFSET OF ADMINISTRATIVE COSTS.—Each such 

24 agency or employing entity that offers a flexible spending 

25 account option under a program established or adminis-
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1 tered by the Office of Personnel Management shall periodi2 cally forward to such Office, or entity designated by such 

3 Office, the amount necessary to offset the administrative 

4 costs of such program which are attributable to such agency. 

5 (c) REPORTS.—(1) The Office shall submit a report 

6 to the Committee on Government Reform of the House of 

7 Representatives and the Committee on Governmental Af8 fairs of the Senate no later than March 31, 2004, specifying 

9 the administrative costs associated with the Government10 wide program (referred to in subsection (b)) for fiscal year 

11 2003, as well as the projected administrative costs of such 

12 program for each of the 5 fiscal years thereafter. 

13 (2) At the end of each of the first 3 calendar years 

14 in which an agency or other employing entity offers a flexi15 ble spending account option under this section, such agency 

16 or entity shall submit a report to the Office of Management 

17 and Budget showing the amount of its employment tax sav18 ings in such year which are attributable to such option, 

19 net of administrative fees paid under section (b). 

20 SEC. 1109. CLARIFICATION TO HATCH ACT; LIMITATION ON 

21 DISCLOSURE OF CERTAIN RECORDS. 

22 (a) CLARIFICATION TO HATCH ACT.—No Federal em23 ployee or individual who voluntarily separates from the 

24 civil service (including by transferring to an international 

25 organization in the circumstances described in section 
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1 3582(a) of title 5, United States Code) shall be subject to 

2 enforcement of the provisions of section 7326 of such title 

3 (including any loss of rights under subchapter IV of chapter 

4 35 of such title resulting from any proceeding under such 

5 section 7326), except that this subsection shall not apply 

6 in the event that such employee or individual subsequently 

7 becomes reemployed in the civil service. The preceding sen8 tence shall apply to any complaint which is filed with or 

9 pending before the Merit Systems Protection Board after 

10 the date of the enactment of this Act. 

11 (b) LIMITATION ON DISCLOSURE OF CERTAIN

12 RECORDS.—Notwithstanding any other provision of law, 

13 rule, or regulation, nothing described in paragraph (2) or 

14 (3) of use ‘‘q’’ of the proposed revisions published in the 

15 Federal Register on July 12, 2001 (66 Fed. Reg. 36613) 

16 shall be considered to constitute a routine use of records 

17 maintained by the Office of Special Counsel. 

18 (c) DEFINITIONS.—For purposes of this section—

19 (1) the term ‘‘Federal employee or individual’’ 

20 means any employee or individual, as referred to in 

21 section 7326 of title 5, United States Code; 

22 (2) the term ‘‘civil service’’ has the meaning 

23 given such term by section 2101 of title 5, United 

24 States Code; 
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1 (3) the term ‘‘international organization’’ has 

2 the meaning given such term by section 3581 of title 

3 5, United States Code; and 

4 (4) the terms ‘‘routine use’’ and ‘‘record’’ have 

5 the respective meanings given such terms under sec6 tion 552a(a) of title 5, United States Code. 

7 SEC. 1110. EMPLOYEE SURVEYS. 

8 (a) IN GENERAL.—Each agency shall conduct an an9 nual survey of its employees (including survey questions 

10 unique to the agency and questions prescribed under sub11 section (b)) to assess—

12 (1) leadership and management practices that 

13 contribute to agency performance; and 

14 (2) employee satisfaction with—

15 (A) leadership policies and practices; 

16 (B) work environment; 

17 (C) rewards and recognition for professional 

18 accomplishment and personal contributions to 

19 achieving organizational mission; 

20 (D) opportunity for professional develop21 ment and growth; and 

22 (E) opportunity to contribute to achieving 

23 organizational mission. 

24 (b) REGULATIONS.—The Office of Personnel Manage25 ment shall issue regulations prescribing survey questions 
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1 that should appear on all agency surveys under subsection 

2 (a) in order to allow a comparison across agencies. 

3 (c) AVAILABILITY OF RESULTS.—The results of the 

4 agency surveys under subsection (a) shall be made available 

5 to the public and posted on the website of the agency in6 volved, unless the head of such agency determines that doing 

7 so would jeopardize or negatively impact national security. 

8 (d) AGENCY DEFINED.—For purposes of this section, 

9 the term ‘‘agency’’ means an Executive agency (as defined 

10 by section 105 of title 5, United States Code). 

11 Subtitle B—Department of Defense 

12 National Security Personnel System 

13 SEC. 1111. DEPARTMENT OF DEFENSE NATIONAL SECURITY 

14 PERSONNEL SYSTEM. 

15 (a) IN GENERAL.—(1) Subpart I of part III of title 

16 5, United States Code, is amended by adding at the end 

17 the following new chapter: 

18 ‘‘CHAPTER 99—DEPARTMENT OF DEFENSE 

19 NATIONAL SECURITY PERSONNEL SYSTEM

‘‘Sec. 

‘‘9901. Definitions. 

‘‘9902. Establishment of human resources management system. 

‘‘9903. Attracting highly qualified experts. 

‘‘9904. Employment of older Americans. 

‘‘9905. Special pay and benefits for certain employees outside the United States.

20 ‘‘§ 9901. Definitions 

21 ‘‘For purposes of this chapter—
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1 ‘‘(1) the term ‘Director’ means the Director of the 

2 Office of Personnel Management; and 

3 ‘‘(2) the term ‘Secretary’ means the Secretary of 

4 Defense. 

5 ‘‘§ 9902. Establishment of human resources manage6 ment system 

7 ‘‘(a) IN GENERAL.—Notwithstanding any other provi8 sion of this part, the Secretary may, in regulations pre9 scribed jointly with the Director, establish, and from time 

10 to time adjust, a human resources management system for 

11 some or all of the organizational or functional units of the 

12 Department of Defense. If the Secretary certifies that 

13 issuance or adjustment of a regulation, or the inclusion, ex14 clusion, or modification of a particular provision therein, 

15 is essential to the national security, the Secretary may, sub16 ject to the decision of the President, waive the requirement 

17 in the preceding sentence that the regulation or adjustment 

18 be issued jointly with the Director. 

19 ‘‘(b) SYSTEM REQUIREMENTS.—Any system estab20 lished under subsection (a) shall—

21 ‘‘(1) be flexible; 

22 ‘‘(2) be contemporary; 

23 ‘‘(3) not waive, modify, or otherwise affect—

24 ‘‘(A) the public employment principles of 

25 merit and fitness set forth in section 2301, in-
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1 cluding the principles of hiring based on merit, 

2 fair treatment without regard to political affili3 ation or other nonmerit considerations, equal 

4 pay for equal work, and protection of employees 

5 against reprisal for whistleblowing; 

6 ‘‘(B) any provision of section 2302, relating 

7 to prohibited personnel practices; 

8 ‘‘(C)(i) any provision of law referred to in 

9 section 2302(b)(1), (8), and (9); or 

10 ‘‘(ii) any provision of law implementing 

11 any provision of law referred to in section 

12 2302(b)(1), (8), and (9) by—

13 ‘‘(I) providing for equal employment 

14 opportunity through affirmative action; or 

15 ‘‘(II) providing any right or remedy 

16 available to any employee or applicant for 

17 employment in the public service; 

18 ‘‘(D) any other provision of this part (as 

19 described in subsection (c)); or 

20 ‘‘(E) any rule or regulation prescribed 

21 under any provision of law referred to in this 

22 paragraph; 

23 ‘‘(4) ensure that employees may organize, bar24 gain collectively as provided for in this chapter, and 

25 participate through labor organizations of their own 
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1 choosing in decisions which affect them, subject to the 

2 provisions of this chapter and any exclusion from cov3 erage or limitation on negotiability established pursu4 ant to law; 

5 ‘‘(5) not be limited by any specific law or au6 thority under this title that is waivable under this 

7 chapter or by any provision of this chapter or any 

8 rule or regulation prescribed under this title that is 

9 waivable under this chapter, except as specifically 

10 provided for in this section; and 

11 ‘‘(6) include a performance management system 

12 that incorporates the following elements: 

13 ‘‘(A) adherence to merit principles set forth 

14 in section 2301; 

15 ‘‘(B) a fair, credible, and transparent em16 ployee performance appraisal system; 

17 ‘‘(C) a link between the performance man18 agement system and the agency’s strategic plan; 

19 ‘‘(D) a means for ensuring employee in20 volvement in the design and implementation of 

21 the system; 

22 ‘‘(E) adequate training and retraining for 

23 supervisors, managers, and employees in the im24 plementation and operation of the performance 

25 management system; 
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1 ‘‘(F) a process for ensuring ongoing per2 formance feedback and dialogue between super3 visors, managers, and employees throughout the 

4 appraisal period, and setting timetables for re5 view; 

6 ‘‘(G) effective safeguards to ensure that the 

7 management of the system is fair and equitable 

8 and based on employee performance; and 

9 ‘‘(H) a means for ensuring that adequate 

10 agency resources are allocated for the design, im11 plementation, and administration of the per12 formance management system. 

13 ‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The other 

14 provisions of this part referred to in subsection (b)(3)(D) 

15 are (to the extent not otherwise specified in this title)—

16 ‘‘(1) subparts A, B, E, G, and H of this part; 

17 and 

18 ‘‘(2) chapters 41, 45, 47, 55 (except subchapter 

19 V thereof), 57, 59, 72, 73, and 79, and this chapter. 

20 ‘‘(d) LIMITATIONS RELATING TO PAY.—(1) Nothing in 

21 this section shall constitute authority to modify the pay of 

22 any employee who serves in an Executive Schedule position 

23 under subchapter II of chapter 53 of this title. 

24 ‘‘(2) Except as provided for in paragraph (1), the total 

25 amount in a calendar year of allowances, differentials, bo-
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1 nuses, awards, or other similar cash payments paid under 

2 this title to any employee who is paid under section 5376 

3 or 5383 of this title or under title 10 or under other com4 parable pay authority established for payment of Depart5 ment of Defense senior executive or equivalent employees 

6 may not exceed the total annual compensation payable to 

7 the Vice President under section 104 of title 3. 

8 ‘‘(3) To the maximum extent practicable, the rates of 

9 compensation for civilian employees at the Department of 

10 Defense shall be adjusted at the same rate, and in the same 

11 proportion, as are rates of compensation for members of the 

12 uniformed services. 

13 ‘‘(e) PROVISIONS TO ENSURE COLLABORATION WITH

14 EMPLOYEE REPRESENTATIVES.—(1) In order to ensure 

15 that the authority of this section is exercised in collabora16 tion with, and in a manner that ensures the participation 

17 of, employee representatives in the planning, development, 

18 and implementation of any human resources management 

19 system or adjustments to such system under this section, 

20 the Secretary and the Director shall provide for the fol21 lowing: 

22 ‘‘(A) The Secretary and the Director shall, with 

23 respect to any proposed system or adjustment—

24 ‘‘(i) provide to the employee representatives 

25 representing any employees who might be af-
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1 fected a written description of the proposed sys2 tem or adjustment (including the reasons why it 

3 is considered necessary); 

4 ‘‘(ii) give such representatives at least 30 

5 calendar days (unless extraordinary cir6 cumstances require earlier action) to review and 

7 make recommendations with respect to the pro8 posal; and 

9 ‘‘(iii) give any recommendations received 

10 from such representatives under clause (ii) full 

11 and fair consideration in deciding whether or 

12 how to proceed with the proposal. 

13 ‘‘(B) Following receipt of recommendations, if 

14 any, from such employee representatives with respect 

15 to a proposal described in subparagraph (A), the Sec16 retary and the Director shall accept such modifica17 tions to the proposal in response to the recommenda18 tions as they determine advisable and shall, with re19 spect to any parts of the proposal as to which they 

20 have not accepted the recommendations—

21 ‘‘(i) notify Congress of those parts of the 

22 proposal, together with the recommendations of 

23 the employee representatives; 

24 ‘‘(ii) meet and confer for not less than 30 

25 calendar days with the employee representatives, 
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1 in order to attempt to reach agreement on wheth2 er or how to proceed with those parts of the pro3 posal; and 

4 ‘‘(iii) at the Secretary’s option, or if re5 quested by a majority of the employee represent6 atives participating, use the services of the Fed7 eral Mediation and Conciliation Service during 

8 such meet and confer period to facilitate the 

9 process of attempting to reach agreement. 

10 ‘‘(C)(i) Any part of the proposal as to which the 

11 representatives do not make a recommendation, or as 

12 to which the recommendations are accepted by the 

13 Secretary and the Director, may be implemented im14 mediately. 

15 ‘‘(ii) With respect to any parts of the proposal 

16 as to which recommendations have been made but not 

17 accepted by the Secretary and the Director, at any 

18 time after 30 calendar days have elapsed since the 

19 initiation of the congressional notification, consulta20 tion, and mediation procedures set forth in subpara21 graph (B), if the Secretary, in his discretion, deter22 mines that further consultation and mediation is un23 likely to produce agreement, the Secretary may imple24 ment any or all of such parts (including any modi25 fications made in response to the recommendations as 
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1 the Secretary determines advisable), but only after 30 

2 days have elapsed after notifying Congress of the deci3 sion to implement the part or parts involved (as so 

4 modified, if applicable). 

5 ‘‘(iii) The Secretary shall notify Congress 

6 promptly of the implementation of any part of the 

7 proposal and shall furnish with such notice an expla8 nation of the proposal, any changes made to the pro9 posal as a result of recommendations from the em10 ployee representatives, and of the reasons why imple11 mentation is appropriate under this subparagraph. 

12 ‘‘(D) If a proposal described in subparagraph 

13 (A) is implemented, the Secretary and the Director 

14 shall—

15 ‘‘(i) develop a method for the employee rep16 resentatives to participate in any further plan17 ning or development which might become nec18 essary; and 

19 ‘‘(ii) give the employee representatives ade20 quate access to information to make that partici21 pation productive. 

22 ‘‘(2) The Secretary may, at the Secretary’s discretion, 

23 engage in any and all collaboration activities described in 

24 this subsection at an organizational level above the level of 

25 exclusive recognition. 
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1 ‘‘(3) In the case of any employees who are not within 

2 a unit with respect to which a labor organization is ac3 corded exclusive recognition, the Secretary and the Director 

4 may develop procedures for representation by any appro5 priate organization which represents a substantial percent6 age of those employees or, if none, in such other manner 

7 as may be appropriate, consistent with the purposes of this 

8 subsection. 

9 ‘‘(f) PROVISIONS REGARDING NATIONAL LEVEL BAR10 GAINING.—(1) Any human resources management system 

11 implemented or modified under this chapter may include 

12 employees of the Department of Defense from any bar13 gaining unit with respect to which a labor organization has 

14 been accorded exclusive recognition under chapter 71 of this 

15 title. 

16 ‘‘(2) For any bargaining unit so included under para17 graph (1), the Secretary may bargain at an organizational 

18 level above the level of exclusive recognition. Any such bar19 gaining shall—

20 ‘‘(A) be binding on all subordinate bargaining 

21 units at the level of recognition and their exclusive 

22 representatives, and the Department of Defense and 

23 its subcomponents, without regard to levels of recogni24 tion; 
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1 ‘‘(B) supersede all other collective bargaining 

2 agreements, including collective bargaining agree3 ments negotiated with an exclusive representative at 

4 the level of recognition, except as otherwise deter5 mined by the Secretary; 

6 ‘‘(C) not be subject to further negotiations for 

7 any purpose, including bargaining at the level of rec8 ognition, except as provided for by the Secretary; and 

9 ‘‘(D) except as otherwise specified in this chap10 ter, not be subject to review or to statutory third11 party dispute resolution procedures outside the De12 partment of Defense. 

13 ‘‘(3) The National Guard Bureau and the Army and 

14 Air Force National Guard are excluded from coverage under 

15 this subsection. 

16 ‘‘(4) Any bargaining completed pursuant to this sub17 section with a labor organization not otherwise having na18 tional consultation rights with the Department of Defense 

19 or its subcomponents shall not create any obligation on the 

20 Department of Defense or its subcomponents to confer na21 tional consultation rights on such a labor organization. 

22 ‘‘(g) PROVISIONS RELATING TO APPELLATE PROCE23 DURES.—(1) The Secretary shall—

24 ‘‘(A) establish an appeals process that provides 

25 that employees of the Department of Defense are enti-
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1 tled to fair treatment in any appeals that they bring 

2 in decisions relating to their employment; and 

3 ‘‘(B) in prescribing regulations for any such ap4 peals process—

5 ‘‘(i) ensure that employees of the Depart6 ment of Defense are afforded the protections of 

7 due process; and 

8 ‘‘(ii) toward that end, be required to consult 

9 with the Merit Systems Protection Board before 

10 issuing any such regulations. 

11 ‘‘(2) Any regulations establishing the appeals process 

12 required by paragraph (1) that relate to any matters within 

13 the purview of chapter 77 shall—

14 ‘‘(A) provide for an independent review panel, 

15 appointed by the President, which shall not include 

16 the Secretary or the Deputy Secretary of Defense or 

17 any of their subordinates; 

18 ‘‘(B) be issued only after—

19 ‘‘(i) notification to the appropriate commit20 tees of Congress; and 

21 ‘‘(ii) consultation with the Merit Systems 

22 Protection Board and the Equal Employment 

23 Opportunity Commission; 

24 ‘‘(C) ensure the availability of procedures that—
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1 ‘‘(i) are consistent with requirements of due 

2 process; and 

3 ‘‘(ii) provide, to the maximum extent prac4 ticable, for the expeditious handling of any mat5 ters involving the Department of Defense; and 

6 ‘‘(D) modify procedures under chapter 77 only 

7 insofar as such modifications are designed to further 

8 the fair, efficient, and expeditious resolution of mat9 ters involving the employees of the Department of De10 fense. 

11 ‘‘(h) PROVISIONS RELATED TO SEPARATION AND RE12 TIREMENT INCENTIVES.—(1) The Secretary may establish 

13 a program within the Department of Defense under which 

14 employees may be eligible for early retirement, offered sepa15 ration incentive pay to separate from service voluntarily, 

16 or both. This authority may be used to reduce the number 

17 of personnel employed by the Department of Defense or to 

18 restructure the workforce to meet mission objectives without 

19 reducing the overall number of personnel. This authority 

20 is in addition to, and notwithstanding, any other authori21 ties established by law or regulation for such programs. 

22 ‘‘(2) For purposes of this section, the term ‘employee’ 

23 means an employee of the Department of Defense, serving 

24 under an appointment without time limitation, except that 

25 such term does not include—
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1 ‘‘(A) a reemployed annuitant under subchapter 

2 III of chapter 83 or chapter 84 of this title, or an3 other retirement system for employees of the Federal 

4 Government; 

5 ‘‘(B) an employee having a disability on the 

6 basis of which such employee is or would be eligible 

7 for disability retirement under any of the retirement 

8 systems referred to in paragraph (1); or 

9 ‘‘(C) for purposes of eligibility for separation in10 centives under this section, an employee who is in re11 ceipt of a decision notice of involuntary separation 

12 for misconduct or unacceptable performance. 

13 ‘‘(3) An employee who is at least 50 years of age and 

14 has completed 20 years of service, or has at least 25 years 

15 of service, may, pursuant to regulations promulgated under 

16 this section, apply and be retired from the Department of 

17 Defense and receive benefits in accordance with chapter 83 

18 or 84 if the employee has been employed continuously with19 in the Department of Defense for more than 30 days before 

20 the date on which the determination to conduct a reduction 

21 or restructuring within 1 or more Department of Defense 

22 components is approved pursuant to the program estab23 lished under subsection (a). 

24 ‘‘(4)(A) Separation pay shall be paid in a lump sum 

25 or in installments and shall be equal to the lesser of—
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1 ‘‘(i) an amount equal to the amount the em2 ployee would be entitled to receive under section 

3 5595(c) of this title, if the employee were entitled to 

4 payment under such section; or 

5 ‘‘(ii) $25,000. 

6 ‘‘(B) Separation pay shall not be a basis for payment, 

7 and shall not be included in the computation, of any other 

8 type of Government benefit. Separation pay shall not be 

9 taken into account for the purpose of determining the 

10 amount of any severance pay to which an individual may 

11 be entitled under section 5595 of this title, based on any 

12 other separation. 

13 ‘‘(C) Separation pay, if paid in installments, shall 

14 cease to be paid upon the recipient’s acceptance of employ15 ment by the Federal Government, or commencement of work 

16 under a personal services contract as described in para17 graph (5). 

18 ‘‘(5)(A) An employee who receives separation pay 

19 under such program may not be reemployed by the Depart20 ment of Defense for a 12-month period beginning on the 

21 effective date of the employee’s separation, unless this prohi22 bition is waived by the Secretary on a case-by-case basis. 

23 ‘‘(B) An employee who receives separation pay under 

24 this section on the basis of a separation occurring on or 

25 after the date of the enactment of the Federal Workforce Re-
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1 structuring Act of 1994 (Public Law 103–236; 108 Stat. 

2 111) and accepts employment with the Government of the 

3 United States, or who commences work through a personal 

4 services contract with the United States within 5 years after 

5 the date of the separation on which payment of the separa6 tion pay is based, shall be required to repay the entire 

7 amount of the separation pay to the Department of Defense. 

8 If the employment is with an Executive agency (as defined 

9 by section 105 of this title) other than the Department of 

10 Defense, the Director may, at the request of the head of that 

11 agency, waive the repayment if the individual involved pos12 sesses unique abilities and is the only qualified applicant 

13 available for the position. If the employment is within the 

14 Department of Defense, the Secretary may waive the repay15 ment if the individual involved is the only qualified appli16 cant available for the position. If the employment is with 

17 an entity in the legislative branch, the head of the entity 

18 or the appointing official may waive the repayment if the 

19 individual involved possesses unique abilities and is the 

20 only qualified applicant available for the position. If the 

21 employment is with the judicial branch, the Director of the 

22 Administrative Office of the United States Courts may 

23 waive the repayment if the individual involved possesses 

24 unique abilities and is the only qualified applicant avail25 able for the position. 
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1 ‘‘(6) Under this program, early retirement and separa2 tion pay may be offered only pursuant to regulations estab3 lished by the Secretary, subject to such limitations or condi4 tions as the Secretary may require. 

5 ‘‘(i) PROVISIONS RELATING TO REEMPLOYMENT.—If 

6 annuitant receiving an annuity from the Civil Service Re7 tirement and Disability Fund becomes employed in a posi8 tion within the Department of Defense, his annuity shall 

9 continue. An annuitant so reemployed shall not be consid10 ered an employee for purposes of chapter 83 or 84. 

11 ‘‘(j) ADDITIONAL PROVISIONS RELATING TO PER12 SONNEL MANAGEMENT.—Notwithstanding subsection (c), 

13 the Secretary may exercise authorities that would otherwise 

14 be available to the Secretary under paragraphs (1), (3), and 

15 (8) of section 4703(a) of this title. 

16 ‘‘§ 9903. Attracting highly qualified experts 

17 ‘‘(a) IN GENERAL.—The Secretary may carry out a 

18 program using the authority provided in subsection (b) in 

19 order to attract highly qualified experts in needed occupa20 tions, as determined by the Secretary. 

21 ‘‘(b) AUTHORITY.—Under the program, the Secretary 

22 may—

23 ‘‘(1) appoint personnel from outside the civil 

24 service and uniformed services (as such terms are de25 fined in section 2101 of this title) to positions in the 
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1 Department of Defense without regard to any provi2 sion of this title governing the appointment of em3 ployees to positions in the Department of Defense; 

4 ‘‘(2) prescribe the rates of basic pay for positions 

5 to which employees are appointed under paragraph 

6 (1) at rates not in excess of the maximum rate of 

7 basic pay authorized for senior-level positions under 

8 section 5376 of this title, as increased by locality9 based comparability payments under section 5304 of 

10 this title, notwithstanding any provision of this title 

11 governing the rates of pay or classification of employ12 ees in the executive branch; and 

13 ‘‘(3) pay any employee appointed under para14 graph (1) payments in addition to basic pay within 

15 the limits applicable to the employee under subsection 

16 (d). 

17 ‘‘(c) LIMITATION ON TERM OF APPOINTMENT.—(1) Ex18 cept as provided in paragraph (2), the service of an em19 ployee under an appointment made pursuant to this section 

20 may not exceed 5 years. 

21 ‘‘(2) The Secretary may, in the case of a particular 

22 employee, extend the period to which service is limited 

23 under paragraph (1) by up to 1 additional year if the Sec24 retary determines that such action is necessary to promote 

25 the Department of Defense’s national security missions. 
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1 ‘‘(d) LIMITATIONS ON ADDITIONAL PAYMENTS.—(1) 

2 The total amount of the additional payments paid to an 

3 employee under this section for any 12-month period may 

4 not exceed the lesser of the following amounts: 

5 ‘‘(A) $50,000 in fiscal year 2004, which may be 

6 adjusted annually thereafter by the Secretary, with a 

7 percentage increase equal to one-half of 1 percentage 

8 point less than the percentage by which the Employ9 ment Cost Index, published quarterly by the Bureau 

10 of Labor Statistics, for the base quarter of the year 

11 before the preceding calendar year exceeds the Em12 ployment Cost Index for the base quarter of the second 

13 year before the preceding calendar year. 

14 ‘‘(B) The amount equal to 50 percent of the em15 ployee’s annual rate of basic pay. 

16 For purposes of this paragraph, the term ‘base quarter’ has 

17 the meaning given such term by section 5302(3). 

18 ‘‘(2) An employee appointed under this section is not 

19 eligible for any bonus, monetary award, or other monetary 

20 incentive for service except for payments authorized under 

21 this section. 

22 ‘‘(3) Notwithstanding any other provision of this sub23 section or of section 5307, no additional payments may be 

24 paid to an employee under this section in any calendar 

25 year if, or to the extent that, the employee’s total annual 
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1 compensation will exceed the maximum amount of total an2 nual compensation payable at the salary set in accordance 

3 with section 104 of title 3. 

4 ‘‘(e) SAVINGS PROVISIONS.—In the event that the Sec5 retary terminates this program, in the case of an employee 

6 who, on the day before the termination of the program, is 

7 serving in a position pursuant to an appointment under 

8 this section—

9 ‘‘(1) the termination of the program does not ter10 minate the employee’s employment in that position 

11 before the expiration of the lesser of—

12 ‘‘(A) the period for which the employee was 

13 appointed; or 

14 ‘‘(B) the period to which the employee’s 

15 service is limited under subsection (c), including 

16 any extension made under this section before the 

17 termination of the program; and 

18 ‘‘(2) the rate of basic pay prescribed for the posi19 tion under this section may not be reduced as long as 

20 the employee continues to serve in the position with21 out a break in service. 

22 ‘‘§ 9904. Employment of older Americans 

23 ‘‘(a) IN GENERAL.—Notwithstanding any other provi24 sion of law, the Secretary may appoint older Americans 
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1 into positions in the excepted service for a period not to 

2 exceed 2 years, provided that—

3 ‘‘(1) any such appointment shall not result in—

4 ‘‘(A) the displacement of individuals cur5 rently employed by the Department of Defense 

6 (including partial displacement through reduc7 tion of nonovertime hours, wages, or employment 

8 benefits); or 

9 ‘‘(B) the employment of any individual 

10 when any other person is in a reduction-in-force 

11 status from the same or substantially equivalent 

12 job within the Department of Defense; and 

13 ‘‘(2) the individual to be appointed is otherwise 

14 qualified for the position, as determined by the Sec15 retary. 

16 ‘‘(b) EFFECT ON EXISTING RETIREMENT BENEFITS.—

17 Notwithstanding any other provision of law, an individual 

18 appointed pursuant to subsection (a) who otherwise is re19 ceiving an annuity, pension, retired pay, or other similar 

20 payment shall not have the amount of said annuity, pen21 sion, or other similar payment reduced as a result of such 

22 employment. 

23 ‘‘(c) EXTENSION OF APPOINTMENT.—Notwithstanding 

24 subsection (a), the Secretary may extend an appointment 

25 made pursuant to this section for up to an additional 2 
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1 years if the individual employee possesses unique knowledge 

2 or abilities that are not otherwise available to the Depart3 ment of Defense. 

4 ‘‘(d) DEFINITION.—For purposes of this section, the 

5 term ‘older American’ means any citizen of the United 

6 States who is at least 55 years of age. 

7 ‘‘§ 9905. Special pay and benefits for certain employ8 ees outside the United States 

9 ‘‘The Secretary may provide to certain civilian em10 ployees of the Department of Defense assigned to activities 

11 outside the United States as determined by the Secretary 

12 to be in support of Department of Defense activities abroad 

13 hazardous to life or health or so specialized because of secu14 rity requirements as to be clearly distinguishable from nor15 mal Government employment—

16 ‘‘(1) allowances and benefits—

17 ‘‘(A) comparable to those provided by the 

18 Secretary of State to members of the Foreign 

19 Service under chapter 9 of title I of the Foreign 

20 Service Act of 1980 (Public Law 96–465, 22 

21 U.S.C. 4081 et seq.) or any other provision of 

22 law; or 

23 ‘‘(B) comparable to those provided by the 

24 Director of Central Intelligence to personnel of 

25 the Central Intelligence Agency; and 
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1 ‘‘(2) special retirement accrual benefits and dis2 ability in the same manner provided for by the Cen3 tral Intelligence Agency Retirement Act (50 U.S.C. 

4 2001 et seq.) and in section 18 of the Central Intel5 ligence Agency Act of 1949 (50 U.S.C. 403r).’’. 

6 (2) The table of chapters for part III of such title is 

7 amended by adding at the end of subpart I the following 

8 new item:

‘‘99. Department of Defense National Security Personnel System ............... 9901’’.

9 (b) IMPACT ON DEPARTMENT OF DEFENSE CIVILIAN

10 PERSONNEL.—(1) Any exercise of authority under chapter 

11 99 of such title (as added by subsection (a)), including 

12 under any system established under such chapter, shall be 

13 in conformance with the requirements of this subsection. 

14 (2) No other provision of this Act or of any amendment 

15 made by this Act may be construed or applied in a manner 

16 so as to limit, supersede, or otherwise affect the provisions 

17 of this section, except to the extent that it does so by specific 

18 reference to this section.
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1 TITLE XII—MATTERS RELATING 

2 TO OTHER NATIONS

3 SEC. 1201. EXPANSION OF AUTHORITY TO PROVIDE ADMIN4 ISTRATIVE SUPPORT AND SERVICES AND 

5 TRAVEL AND SUBSISTENCE EXPENSES FOR 

6 CERTAIN FOREIGN LIAISON OFFICERS. 

7 (a) ADMINISTRATIVE SUPPORT AND SERVICES.—Sub8 section (a) of section 1051a of title 10, United States Code, 

9 is amended—

10 (1) by striking ‘‘involved in a coalition with the 

11 United States’’; 

12 (2) by striking ‘‘temporarily’’; and 

13 (3) by striking ‘‘ in connection with the plan14 ning for, or conduct of, a coalition operation’’. 

15 (b) TRAVEL, SUBSISTENCE, AND OTHER EXPENSES.—

16 Subsection (b) of such section is amended—

17 (1) by striking ‘‘(1)’’; 

18 (2) by striking ‘‘expenses specified in paragraph 

19 (2)’’ and inserting ‘‘travel, subsistence, and similar 

20 personal expenses’’; 

21 (3) by striking ‘‘developing country’’ and insert22 ing ‘‘developing nation’’; 

23 (4) by striking ‘‘in connection with the assign24 ment of that officer to the headquarters of a combat25 ant command as described in subsection (a)’’ and in-
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1 serting ‘‘involved in a coalition while the liaison offi2 cer is assigned temporarily to a headquarters de3 scribed in subsection (a) in connection with the plan4 ning for, or conduct of, a coalition operation’’; and 

5 (5) by striking paragraph (2). 

6 (c) REIMBURSEMENT.—Subsection (c) of such section 

7 is amended by striking ‘‘by’’ before ‘‘subsection (a)’’ and 

8 inserting ‘‘under’’. 

9 (d) CLERICAL AMENDMENTS.—(1) The heading for sec10 tion 1051a of such title is amended to read as follows: 

11 ‘‘§ 1051a. Foreign officers: administrative services and 

12 support; travel, subsistence, and other 

13 personal expenses’’. 

14 (2) The subsection heading for subsection (a) is amend15 ed by striking ‘‘AUTHORITY’’ and inserting ‘‘ADMINISTRA16 TIVE SERVICES AND SUPPORT’’. 

17 (3) The item relating to such section in the table of 

18 sections at the beginning of chapter 53 of each title is 

19 amended to read as follows:

‘‘1051a. Foreign officers: administrative services and support; travel, subsistence, 

and other personal expenses.’’.
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1 SEC. 1202. RECOGNITION OF SUPERIOR NONCOMBAT 

2 ACHIEVEMENTS OR PERFORMANCE BY MEM3 BERS OF FRIENDLY FOREIGN FORCES AND 

4 OTHER FOREIGN NATIONALS. 

5 (a) AUTHORITY.—Chapter 53 of title 10, United States 

6 Code, is amended by inserting after section 1051a the fol7 lowing new section: 

8 ‘‘§ 1051b. Bilateral or regional cooperation programs: 

9 awards and mementos funds to recognize 

10 superior noncombat achievements or per11 formance 

12 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Defense 

13 may present awards and mementos purchased with funds 

14 appropriated for operation and maintenance of the armed 

15 forces to recognize superior noncombat achievements or per16 formance by members of friendly foreign forces and other 

17 foreign nationals that significantly enhance or support the 

18 National Security Strategy of the United States. 

19 ‘‘(b) ACTIVITIES THAT MAY BE RECOGNIZED.—Ac20 tivities that may be recognized under subsection (a) include 

21 superior achievement or performance that—

22 ‘‘(1) plays a crucial role in shaping the inter23 national security environment in ways that protect 

24 and promote United States interests; 

25 ‘‘(2) supports or enhances United States overseas 

26 presence and peacetime engagement activities, includ-
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1 ing defense cooperation initiatives, security assistance 

2 training and programs, and training and exercises 

3 with the armed forces; 

4 ‘‘(3) helps to deter aggression and coercion, build 

5 coalitions, and promote regional stability; or 

6 ‘‘(4) serves as a role model for appropriate con7 duct by military forces in emerging democracies. 

8 ‘‘(c) LIMITATION.—Expenditures for the purchase or 

9 production of mementos for award under this section may 

10 not exceed the ‘minimal value’ established in accordance 

11 with section 7342(a)(5) of title 5.’’. 

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

13 the beginning of such chapter is amended by inserting after 

14 the item relating to section 1051a the following new item:

‘‘1051b. Bilateral or regional cooperation programs: awards and mementos to recognize superior noncombat achievements or performance.’’.

15 SEC. 1203. EXPANSION OF AUTHORITY TO WAIVE CHARGES 

16 FOR COSTS OF ATTENDANCE AT GEORGE C. 

17 MARSHALL EUROPEAN CENTER FOR SECU18 RITY STUDIES. 

19 Section 1306(b)(1) of the National Defense Authoriza20 tion Act for Fiscal Year 1995 (Public Law 103-337; 108 

21 Stat. 2892) is amended by striking ‘‘of cooperation partner 

22 states of the North Atlantic Council or the Partnership for 

23 Peace’’ and inserting ‘‘from states located in Europe or the 

24 territory of the former Soviet Union’’.
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1 SEC. 1204. IDENTIFICATION OF GOODS AND TECHNOLOGIES 

2 CRITICAL FOR MILITARY SUPERIORITY. 

3 (a) IN GENERAL.—(1) Subchapter II of chapter 148 

4 of title 10, United States Code, is amended by adding at 

5 the end the following new section:

6 ‘‘§ 2508. Goods and technologies critical for military 

7 superiority: list 

8 ‘‘(a) REQUIREMENT TO MAINTAIN LIST.—(1) The Sec9 retary of Defense shall maintain a list of any goods or tech10 nology that, if obtained by a potential adversary, could un11 dermine the military superiority or qualitative military 

12 advantage of the United States over potential adversaries. 

13 ‘‘(2) In this section, the term ‘goods or technology’ 

14 means—

15 ‘‘(A) any article, natural or manmade substance, 

16 material, supply, or manufactured product, including 

17 inspection and test equipment; and 

18 ‘‘(B) any information and know-how (whether in 

19 tangible form, such as models, prototypes, drawings, 

20 sketches, diagrams, blueprints, or manuals, or in in21 tangible form, such as training or technical services) 

22 that can be used to design, produce, manufacture, uti23 lize, or reconstruct goods, including computer software 

24 and technical data. 

25 ‘‘(b) MATTERS TO BE INCLUDED ON LIST.—The Sec26 retary shall include on the list the following: 
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1 ‘‘(1) Any technology or developing critical tech2 nology (including conventional weapons, weapons of 

3 mass destruction, and delivery systems) that could en4 hance a potential adversary’s military capabilities or 

5 that is critical to the United States maintaining its 

6 military superiority and qualitative military advan7 tage. 

8 ‘‘(2) Any dual-use good, material, or know-how 

9 that could enhance a potential adversary’s military 

10 capabilities or that is critical to the United States 

11 maintaining its military superiority and qualitative 

12 military advantage, including those used to manufac13 ture weapons of mass destruction and their associated 

14 delivery systems. 

15 ‘‘(c) REQUIREMENTS.—The Secretary shall ensure 

16 that—

17 ‘‘(1) the list is subject to a systematic, ongoing 

18 assessment and analysis of dual-use technologies; and 

19 ‘‘(2) the list is updated not less often than every 

20 two months. 

21 ‘‘(d) AVAILABILITY.—The list shall be made avail22 able—

23 ‘‘(1) in unclassified form on the Department of 

24 Defense public website, in a usable form; and 
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1 ‘‘(2) in classified form to the Committee on 

2 Armed Services of the Senate and the Committee on 

3 Armed Services of the House of Representatives.’’.

4 (2) The table of sections at the beginning of such sub5 chapter is amended by adding at the end the following new 

6 item:

‘‘2508. Goods and technologies critical for military superiority: list.’’.

7 (b) DEADLINE FOR ESTABLISHMENT.—The list re8 quired by section 2508 of title 10, United States Code, as 

9 added by subsection (a), shall be established not later than 

10 180 days after the enactment of this Act.

11 SEC. 1205. REPORT ON ACQUISITION BY IRAQ OF AD12 VANCED WEAPONS.

13 (a) REPORT.—Not later than one year after the date 

14 of the enactment of this Act, the Secretary of Defense shall 

15 submit to the Committees on Armed Services and Foreign 

16 Relations of the Senate and the Committees on Armed Serv17 ices and International Relations of the House of Represent18 atives a report on the acquisition by Iraq of weapons of 

19 mass destruction and associated delivery systems and the 

20 acquisition by Iraq of advanced conventional weapons. 

21 (b) MATTERS TO BE INCLUDED.—The report shall in22 clude the following: 

23 (1) A description of how Iraq was able to obtain 

24 any materials, technology, and know-how for its nu25 clear, chemical, biological, ballistic missile, and un-
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1 manned aerial vehicle programs, and advanced con2 ventional weapons programs, from 1979 through 

3 April 2003 from entities (including Iraqi citizens) 

4 outside of Iraq. 

5 (2) An assessment of the degree to which United 

6 States, foreign, and multilateral export control re7 gimes prevented acquisition by Iraq of weapons of 

8 mass destruction-related technology and materials 

9 and advanced conventional weapons and delivery sys10 tems since the commencement of international inspec11 tions in Iraq. 

12 (3) An assessment of the effectiveness of United 

13 Nations sanctions at halting the flow of militarily14 useful contraband to Iraq from 1991 until the end of 

15 Operation Iraqi Freedom. 

16 (4) An assessment of how Iraq was able to evade 

17 International Atomic Energy Agency and United Na18 tions inspections regarding chemical, nuclear, biologi19 cal, and missile weapons and related capabilities. 

20 (5) Identification and a catalogue of the entities 

21 and countries that transferred militarily useful con22 traband to Iraq between 1991 and the end of Oper23 ation Iraqi Freedom, and the nature of that contra24 band. 
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1 (c) FORM OF REPORT.—The report shall be submitted 

2 in unclassified form with a classified annex, if necessary.

3 SEC. 1206. AUTHORITY FOR CHECK CASHING AND CUR4 RENCY EXCHANGE SERVICES TO BE PRO5 VIDED TO FOREIGN MILITARY MEMBERS PAR6 TICIPATING IN CERTAIN ACTIVITIES WITH 

7 UNITED STATES FORCES. 

8 (a) AUTHORITY.—Subsection (b) of section 3342 of 

9 title 31, United States Code, is amended by adding at the 

10 end the following new paragraph: 

11 ‘‘(8) A member of the military forces of an allied 

12 or coalition nation who is participating in a joint 

13 operation, joint exercise, humanitarian mission, or 

14 peacekeeping mission with the Armed Forces of the 

15 United States, but—

16 ‘‘(A) only if—

17 ‘‘(i) such disbursing official action for 

18 members of the military forces of that na19 tion is approved by the senior United States 

20 military commander assigned to that oper21 ation or mission; and 

22 ‘‘(ii) that nation has guaranteed pay23 ment for any deficiency resulting from such 

24 disbursing official action; and 
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1 ‘‘(B) in the case of negotiable instruments, 

2 only for a negotiable instrument drawn on a fi3 nancial institution located in the United States 

4 or on a foreign branch of such an institution.’’. 

5 (b) TECHNICAL AMENDMENTS.—That subsection is 

6 further amended—

7 (1) by striking ‘‘only for—’’ in the matter pre8 ceding paragraph (1) and inserting ‘‘only for the fol9 lowing:’’; 

10 (2) by striking ‘‘an’’ at the beginning of para11 graph (1) and inserting ‘‘An’’; 

12 (3) by striking ‘‘personnel’’ in paragraphs (2) 

13 and (6) and inserting ‘‘Personnel’’; 

14 (4) by striking ‘‘a’’ at the beginning of para15 graphs (3), (4), (5), and (7) and inserting ‘‘A’’; 

16 (5) by striking the semicolon at the end of para17 graphs (1) through (5) and inserting a period; 

18 (6) by striking ‘‘; or’’ at the end of paragraph 

19 (6) and inserting a period; and 

20 (7) by striking ‘‘1752(1))’’ in paragraph (7) and 

21 inserting ‘‘1752(1)))’’.
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1 SEC. 1207. REQUIREMENTS FOR TRANSFER TO FOREIGN 

2 COUNTRIES OF CERTAIN SPECIFIED TYPES 

3 OF EXCESS AIRCRAFT. 

4 (a) EXPANSION OF TRANSFER REQUIREMENT.—Sec5 tion 2581 of title 10, United States Code, is amended—

6 (1) in subsection (a)(1), by striking ‘‘UH–1 

7 Huey helicopter or AH–1 Cobra helicopter’’ and in8 serting ‘‘UH–1 Huey aircraft, AH–1 Cobra aircraft, 

9 T–2 Buckeye aircraft, or T–37 Tweet aircraft’’; and 

10 (2) by striking ‘‘helicopter’’ each subsequent 

11 place it appears in such section and inserting ‘‘air12 craft’’. 

13 (b) CLERICAL AMENDMENTS.—(1) The heading of such 

14 section is amended to read as follows: 

15 ‘‘§ 2581. Specified excess aircraft: requirements for 

16 transfer to foreign countries’’. 

17 (2) The item relating to such section in the table of 

18 sections at the beginning of chapter 153 of such title is 

19 amended to read as follows:

‘‘2581. Specified excess aircraft: requirements for transfer to foreign countries.’’.

20 SEC. 1208. LIMITATION ON NUMBER OF UNITED STATES 

21 MILITARY PERSONNEL IN COLOMBIA. 

22 (a) LIMITATION.—None of the funds available to the 

23 Department of Defense for any fiscal year may be used to 

24 support or maintain more than 500 members of the Armed 

25 Forces on duty in the Republic of Colombia at any time. 
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1 (b) EXCLUSION OF CERTAIN MEMBERS.—For purposes 

2 of determining compliance with the limitation in subsection 

3 (a), the Secretary of Defense may exclude the following mili4 tary personnel: 

5 (1) A member of the Armed Forces in the Repub6 lic of Colombia for the purpose of rescuing or retriev7 ing United States military or civilian Government 

8 personnel, except that the period for which such a 

9 member may be so excluded may not exceed 30 days 

10 unless expressly authorized by law. 

11 (2) A member of the Armed Forces assigned to 

12 the United States Embassy in Colombia as an 

13 attache ́, as a member of the security assistance office, 

14 or as a member of the Marine Corps security contin15 gent. 

16 (3) A member of the Armed Forces in Colombia 

17 to participate in relief efforts in responding to a nat18 ural disaster. 

19 (4) Nonoperational transient military personnel. 

20 (5) A member of the Armed Forces making a 

21 port call from a military vessel in Colombia.

22 (c) NATIONAL SECURITY WAIVER.—(1) The Secretary 

23 of Defense may waive the limitation in subsection (a) if 

24 the Secretary determines that such waiver is in the national 

25 security interest of the United States. 
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1 (2) The Secretary shall notify the congressional defense 

2 committees not later 15 days after the date of the exercise 

3 of the waiver authority under paragraph (1).

4 TITLE XIII—COOPERATIVE 

5 THREAT REDUCTION WITH 

6 STATES OF THE FORMER SO7 VIET UNION

8 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE9 DUCTION PROGRAMS AND FUNDS. 

10 (a) SPECIFICATION OF CTR PROGRAMS.—For pur11 poses of section 301 and other provisions of this Act, Coop12 erative Threat Reduction programs are the programs speci13 fied in section 1501(b) of the National Defense Authoriza14 tion Act for Fiscal Year 1997 (Public Law 104–201; 110 

15 Stat. 2731; 50 U.S.C. 2362 note). 

16 (b) FISCAL YEAR 2004 COOPERATIVE THREAT REDUC17 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis18 cal year 2004 Cooperative Threat Reduction funds’’ means 

19 the funds appropriated pursuant to the authorization of ap20 propriations in section 301 for Cooperative Threat Reduc21 tion programs. 

22 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

23 pursuant to the authorization of appropriations in section 

24 301 for Cooperative Threat Reduction programs shall be 

25 available for obligation for three fiscal years. 
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1 SEC. 1302. FUNDING ALLOCATIONS. 

2 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

3 $450,800,000 authorized to be appropriated to the Depart4 ment of Defense for fiscal year 2004 in section 301(19) for 

5 Cooperative Threat Reduction programs, the following 

6 amounts may be obligated for the purposes specified: 

7 (1) For strategic offensive arms elimination in 

8 Russia, $86,400,000. 

9 (2) For strategic nuclear arms elimination in 

10 Ukraine, $3,900,000. 

11 (3) For nuclear weapons transportation security 

12 in Russia, $23,200,000. 

13 (4) For nuclear weapons storage security in Rus14 sia, $48,000,000. 

15 (5) For activities designated as Other Program 

16 Support, $13,100,000. 

17 (6) For defense and military contacts, 

18 $11,100,000. 

19 (7) For chemical weapons destruction in Russia, 

20 $171,500,000. 

21 (8) For biological weapons proliferation preven22 tion in the former Soviet Union, $54,200,000. 

23 (9) For weapons of mass destruction prolifera24 tion prevention in the states of the former Soviet 

25 Union, $39,400,000. 
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1 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

2 FUNDS FOR OTHER PURPOSES.—No fiscal year 2004 Coop3 erative Threat Reduction funds may be obligated or ex4 pended for a purpose other than a purpose listed in para5 graphs (1) through (9) of subsection (a) until 30 days after 

6 the date that the Secretary of Defense submits to Congress 

7 a report on the purpose for which the funds will be obligated 

8 or expended and the amount of funds to be obligated or ex9 pended. Nothing in the preceding sentence shall be construed 

10 as authorizing the obligation or expenditure of fiscal year 

11 2004 Cooperative Threat Reduction funds for a purpose for 

12 which the obligation or expenditure of such funds is specifi13 cally prohibited under this title or any other provision of 

14 law. 

15 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

16 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 

17 case in which the Secretary of Defense determines that it 

18 is necessary to do so in the national interest, the Secretary 

19 may obligate amounts appropriated for fiscal year 2004 for 

20 a purpose listed in any of the paragraphs in subsection (a) 

21 in excess of the specific amount authorized for that purpose. 

22 (2) An obligation of funds for a purpose stated in any 

23 of the paragraphs in subsection (a) in excess of the specific 

24 amount authorized for such purpose may be made using 

25 the authority provided in paragraph (1) only after—
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1 (A) the Secretary submits to Congress notifica2 tion of the intent to do so together with a complete 

3 discussion of the justification for doing so; and 

4 (B) 15 days have elapsed following the date of 

5 the notification. 

6 (3) The Secretary may not, under the authority pro7 vided in paragraph (1), obligate amounts for a purpose 

8 stated in any of paragraphs (5) through (8) of subsection 

9 (a) in excess of 125 percent of the specific amount author10 ized for such purpose.

11 SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL CERTAIN 

12 PERMITS OBTAINED. 

13 (a) LIMITATION ON USE OF FUNDS.—With respect to 

14 a new project or an incomplete project carried out by the 

15 Department of Defense under Cooperative Threat Reduction 

16 programs, not more than 35 percent of the total costs of 

17 the project may be obligated or expended from Cooperative 

18 Threat Reduction funds for any fiscal year until—

19 (1) the Secretary of Defense determines—

20 (A) in the case of a new project, the number 

21 and type of permits that may be required for the 

22 lifetime of the project in the proposed location or 

23 locations of the project; and 

24 (B) in the case of an incomplete project, the 

25 number and type of permits that may be re-
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1 quired for the remaining lifetime of the project; 

2 and 

3 (2) the government of the state of the former So4 viet Union in which the project is being or is pro5 posed to be carried out obtains and transmits copies 

6 of all such permits to the Department of Defense. 

7 (b) DEFINITIONS.—In this section, with respect to a 

8 project under Cooperative Threat Reduction programs: 

9 (1) NEW PROJECT.—The term ‘‘new project’’ 

10 means a project for which no funds have been obli11 gated or expended as of the date of the enactment of 

12 this Act. 

13 (2) INCOMPLETE PROJECT.—The term ‘‘incom14 plete project’’ means a project for which funds have 

15 been obligated or expended before the date of the en16 actment of this Act and which is not completed as of 

17 such date. 

18 (3) PERMIT.—The term ‘‘permit’’ means any 

19 local or national permit for development, general con20 struction, environmental, land use, or other purposes 

21 that is required in the state of the former Soviet 

22 Union in which the project is being or is proposed to 

23 be carried out.
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1 SEC. 1304. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL 

2 RESEARCH IN THE FORMER SOVIET UNION. 

3 Of the funds authorized to be appropriated for biologi4 cal weapons proliferation prevention pursuant to section 

5 1302, no funds may be obligated for cooperative biodefense 

6 research or bioattack early warning and preparedness 

7 under a Cooperative Threat Reduction program at a site 

8 in a state of the former Soviet Union until the Secretary 

9 of Defense notifies Congress that—

10 (1) the Secretary has determined, through access 

11 to the site, that no biological weapons research pro12 hibited by international law is being conducted at the 

13 site; 

14 (2) the Secretary has assessed the vulnerability of 

15 the site to external or internal attempts to exploit or 

16 obtain dangerous pathogens illicitly; and 

17 (3) the Secretary has begun to implement appro18 priate security measures at the site to reduce that vul19 nerability and to prevent the diversion of dangerous 

20 pathogens from legitimate research.

21 SEC. 1305. AUTHORITY AND FUNDS FOR NONPROLIFERA22 TION AND DISARMAMENT. 

23 The Secretary of Defense is authorized to transfer 

24 $50,000,000 in prior year Cooperative Threat Reduction 

25 funds from the Department of Defense to the Department 

26 of State Nonproliferation and Disarmament Fund for dis-
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1 armament and nonproliferation purposes outside the terri2 tory of the former Soviet Union.

3 SEC. 1306. REQUIREMENT FOR ON-SITE MANAGERS. 

4 (a) ON-SITE MANAGER REQUIREMENT.—Before obli5 gating any Cooperative Threat Reduction funds for a 

6 project described in subsection (b), the Secretary of Defense 

7 shall appoint a United States Federal Government em8 ployee as an on-site manager. 

9 (b) PROJECTS COVERED.—Subsection (a) applies to a 

10 project—

11 (1) to be located in a state of the former Soviet 

12 Union; 

13 (2) which involves dismantlement, destruction, or 

14 storage facilities, or construction of a facility; and 

15 (3) with respect to which the total contribution 

16 by the Department of Defense is expected to exceed 

17 $25,000,000. 

18 (c) DUTIES OF ON-SITE MANAGER.—The on-site man19 ager appointed under subsection (a) shall—

20 (1) develop, in cooperation with representatives 

21 from governments of countries participating in the 

22 project, a list of those steps or activities critical to 

23 achieving the project’s disarmament or nonprolifera24 tion goals; 
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1 (2) establish a schedule for completing those steps 

2 or activities; 

3 (3) meet with all participants to seek assurances 

4 that those steps or activities are being completed on 

5 schedule; and 

6 (4) suspend United States participation in a 

7 project when a non-United States participant fails to 

8 complete a scheduled step or activity on time, unless 

9 directed by the Secretary of Defense to resume United 

10 States participation. 

11 (d) STEPS OR ACTIVITIES.—Steps or activities referred 

12 to in subsection (c)(1) are those activities that, if not com13 pleted, will prevent a project from achieving its disar14 mament or nonproliferation goals, including, at a min15 imum, the following: 

16 (1) Identification and acquisition of permits (as 

17 defined in section 1303(b)). 

18 (2) Verification that the items, substances, or ca19 pabilities to be dismantled, secured, or otherwise 

20 modified are available for dismantlement, securing, or 

21 modification. 

22 (3) Timely provision of financial, personnel, 

23 management, transportation, and other resources. 

24 (e) NOTIFICATION TO CONGRESS.—In any case in 

25 which the Secretary of Defense directs an on-site manager 
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1 to resume United States participation in a project under 

2 subsection (c)(4), the Secretary shall concurrently notify 

3 Congress of such direction. 

4 (f) EFFECTIVE DATE.—This section shall take effect six 

5 months after the date of the enactment of this Act.

6 SEC. 1307. PROVISIONS RELATING TO FUNDING FOR CHEM7 ICAL WEAPONS DESTRUCTION FACILITY IN 

8 RUSSIA. 

9 (a) INAPPLICABILITY OF LIMITATION ON USE OF

10 FUNDS.—(1) The conditions described in section 1305 of 

11 the National Defense Authorization Act for Fiscal Year 

12 2000 (Public Law 106–65; 22 U.S.C. 5952 note) shall not 

13 apply to the obligation and expenditure of funds available 

14 for obligation during fiscal year 2004 for the planning, de15 sign, or construction of a chemical weapons destruction fa16 cility in Russia if the President submits to Congress a writ17 ten certification that includes—

18 (A) a statement as to why waiving the condi19 tions is important to the national security interests 

20 of the United States; 

21 (B) a full and complete justification for exer22 cising this waiver; and 

23 (C) a plan to promote a full and accurate disclo24 sure by Russia regarding the size, content, status, and 

25 location of its chemical weapons stockpile. 
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1 (2) The authority under paragraph (1) shall expire on 

2 September 30, 2004. 

3 (b) AVAILABILITY OF FUNDS.—(1) Except as provided 

4 in paragraph (2), of the funds that may be obligated for 

5 a chemical weapons destruction facility in Russia as speci6 fied in section 1302(a)(7), the Secretary of Defense may not 

7 obligate an amount greater than two times the amount obli8 gated by Russia and any other state for the planning, de9 sign, construction, or operation of a chemical weapons de10 struction facility in Russia. 

11 (2) Of the funds that may be obligated for a chemical 

12 weapons destruction facility in Russia as specified in sec13 tion 1302(a)(7), $71,500,000 shall be available for obliga14 tion on and after October 1, 2003.

15 TITLE XIV—SERVICES 

16 ACQUISITION REFORM 

17 SEC. 1401. SHORT TITLE. 

18 This title may be cited as the ‘‘Services Acquisition 

19 Reform Act of 2003’’. 

20 SEC. 1402. EXECUTIVE AGENCY DEFINED. 

21 In this title, the term ‘‘executive agency’’ has the mean22 ing given that term in section 4(1) of the Office of Federal 

23 Procurement Policy Act (41 U.S.C. 403(1)), unless specifi24 cally stated otherwise. 
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1 Subtitle A—Acquisition Workforce 

2 and Training 

3 SEC. 1411. DEFINITION OF ACQUISITION. 

4 Section 4 of the Office of Federal Procurement Policy 

5 Act (41 U.S.C. 403) is amended by adding at the end the 

6 following: 

7 ‘‘(16) The term ‘acquisition’—

8 ‘‘(A) means the process of acquiring, with 

9 appropriated funds, by contract for purchase or 

10 lease, property or services (including construc11 tion) that support the missions and goals of an 

12 executive agency, from the point at which the re13 quirements of the executive agency are estab14 lished in consultation with the chief acquisition 

15 officer of the executive agency; and 

16 ‘‘(B) includes—

17 ‘‘(i) the process of acquiring property 

18 or services that are already in existence, or 

19 that must be created, developed, dem20 onstrated, and evaluated; 

21 ‘‘(ii) the description of requirements to 

22 satisfy agency needs; 

23 ‘‘(iii) solicitation and selection of 

24 sources; 

25 ‘‘(iv) award of contracts; 
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1 ‘‘(v) contract performance; 

2 ‘‘(vi) contract financing: 

3 ‘‘(vii) management and measurement 

4 of contract performance through final deliv5 ery and payment; and 

6 ‘‘(viii) technical and management 

7 functions directly related to the process of 

8 fulfilling agency requirements by contract.’’. 

9 SEC. 1412. ACQUISITION WORKFORCE TRAINING FUND. 

10 (a) PURPOSES.—The purposes of this section are to en11 sure that the Federal acquisition workforce—

12 (1) adapts to fundamental changes in the nature 

13 of Federal Government acquisition of property and 

14 services associated with the changing roles of the Fed15 eral Government; and 

16 (2) acquires new skills and a new perspective to 

17 enable it to contribute effectively in the changing en18 vironment of the 21st century. 

19 (b) ESTABLISHMENT OF FUND.—Section 37 of the Of20 fice of Federal Procurement Policy Act (41 U.S.C. 433) is 

21 amended by adding at the end of subsection (h) the fol22 lowing new paragraph: 

23 ‘‘(3) ACQUISITION WORKFORCE TRAINING

24 FUND.—(A) The Administrator of General Services 

25 shall establish an acquisition workforce training fund. 
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1 The Administrator shall manage the fund through the 

2 Federal Acquisition Institute to support the training 

3 of the acquisition workforce of the executive agencies 

4 other than the Department of Defense. The Adminis5 trator shall consult with the Administrator for Fed6 eral Procurement Policy in managing the fund. 

7 ‘‘(B) There shall be credited to the acquisition 

8 workforce training fund 5 percent of the fees collected 

9 by executive agencies (other than the Department of 

10 Defense) under the following contracts: 

11 ‘‘(i) Governmentwide task and delivery12 order contracts entered into under sections 303H 

13 and 303I of the Federal Property and Adminis14 trative Services Act of 1949 (41 U.S.C. 253h and 

15 253i). 

16 ‘‘(ii) Governmentwide contracts for the ac17 quisition of information technology as defined in 

18 section 11101 of title 40, United States Code, 

19 and multiagency acquisition contracts for such 

20 technology authorized by section 11314 of such 

21 title. 

22 ‘‘(iii) Multiple-award schedule contracts en23 tered into by the Administrator of General Serv24 ices. 
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1 ‘‘(C) The head of an executive agency that ad2 ministers a contract described in subparagraph (B) 

3 shall remit to the General Services Administration 

4 the amount required to be credited to the fund with 

5 respect to such contract at the end of each quarter of 

6 the fiscal year. 

7 ‘‘(D) The Administrator of General Services, 

8 through the Office of Federal Acquisition Policy, shall 

9 ensure that funds collected for training under this sec10 tion are not used for any purpose other than the pur11 pose specified in subparagraph (A). 

12 ‘‘(E) Amounts credited to the fund shall be in 

13 addition to funds requested and appropriated for edu14 cation and training referred to in paragraph (1). 

15 ‘‘(F) Amounts credited to the fund shall remain 

16 available until expended.’’. 

17 (c) EXCEPTION.—This section and the amendments 

18 made by this section shall not apply to the acquisition 

19 workforce of the Department of Defense. 

20 SEC. 1413. ACQUISITION WORKFORCE RECRUITMENT PRO21 GRAM. 

22 (a) AUTHORITY TO CARRY OUT PROGRAM.—For pur23 poses of sections 3304, 5333, and 5753 of title 5, United 

24 States Code, the head of a department or agency of the 

25 United States (including the Secretary of Defense) may de-
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1 termine that certain Federal acquisition positions are 

2 ‘‘shortage category’’ positions in order to recruit and ap3 point directly to positions of employment in the department 

4 or agency highly qualified persons, such as any person 

5 who—

6 (1) holds a bachelor’s degree from an accredited 

7 institution of higher education; 

8 (2) holds, from an accredited law school or an 

9 accredited institution of higher education—

10 (A) a law degree; or 

11 (B) a masters or equivalent degree in busi12 ness administration, public administration, or 

13 systems engineering; or 

14 (3) has significant experience with commercial 

15 acquisition practices, terms, and conditions. 

16 (b) REQUIREMENTS.—The exercise of authority to take 

17 a personnel action under this section shall be subject to poli18 cies prescribed by the Office of Personnel Management that 

19 govern direct recruitment, including policies requiring ap20 pointment of a preference eligible who satisfies the quali21 fication requirements. 

22 (c) TERMINATION OF AUTHORITY.—The head of a de23 partment or agency may not appoint a person to a position 

24 of employment under this section after September 30, 2007. 
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1 (d) REPORT.—Not later than March 31, 2007, the Ad2 ministrator for Federal Procurement Policy shall submit to 

3 Congress a report on the implementation of this section. The 

4 report shall include—

5 (1) the Administrator’s assessment of the efficacy 

6 of the exercise of the authority provided in this sec7 tion in attracting employees with unusually high 

8 qualifications to the acquisition workforce; and 

9 (2) any recommendations considered appropriate 

10 by the Administrator on whether the authority to 

11 carry out the program should be extended. 

12 SEC. 1414. ARCHITECTURAL AND ENGINEERING ACQUISI13 TION WORKFORCE. 

14 The Administrator for Federal Procurement Policy, in 

15 consultation with the Secretary of Defense, the Adminis16 trator of General Services, and the Director of the Office 

17 of Personnel Management, shall develop and implement a 

18 plan to ensure that the Federal Government maintains the 

19 necessary capability with respect to the acquisition of archi20 tectural and engineering services to—

21 (1) ensure that Federal Government employees 

22 have the expertise to determine agency requirements 

23 for such services; 

24 (2) establish priorities and programs (including 

25 acquisition plans); 
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1 (3) establish professional standards; 

2 (4) develop scopes of work; and 

3 (5) award and administer contracts for such 

4 services. 

5 Subtitle B—Adaptation of Business 

6 Acquisition Practices 

7 PART I—ADAPTATION OF BUSINESS 

8 MANAGEMENT PRACTICES 

9 SEC. 1421. CHIEF ACQUISITION OFFICERS. 

10 (a) APPOINTMENT OF CHIEF ACQUISITION OFFI11 CERS.—(1) Section 16 of the Office of Federal Procurement 

12 Policy Act (41 U.S.C. 414) is amended to read as follows:

13 ‘‘SEC. 16. CHIEF ACQUISITION OFFICERS. 

14 ‘‘(a) ESTABLISHMENT OF AGENCY CHIEF ACQUISITION

15 OFFICERS.—The head of each executive agency (other than 

16 the Department of Defense) shall appoint or designate a 

17 non-career employee as Chief Acquisition Officer for the 

18 agency, who shall—

19 ‘‘(1) have acquisition management as that offi20 cial’s primary duty; and 

21 ‘‘(2) advise and assist the head of the executive 

22 agency and other agency officials to ensure that the 

23 mission of the executive agency is achieved through 

24 the management of the agency’s acquisition activities. 
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1 ‘‘(b) AUTHORITY AND FUNCTIONS OF AGENCY CHIEF

2 ACQUISITION OFFICERS.—The functions of each Chief Ac3 quisition Officer shall include—

4 ‘‘(1) monitoring the performance of acquisition 

5 activities and acquisition programs of the executive 

6 agency, evaluating the performance of those programs 

7 on the basis of applicable performance measurements, 

8 and advising the head of the executive agency regard9 ing the appropriate business strategy to achieve the 

10 mission of the executive agency; 

11 ‘‘(2) increasing the use of full and open competi12 tion in the acquisition of property and services by the 

13 executive agency by establishing policies, procedures, 

14 and practices that ensure that the executive agency re15 ceives a sufficient number of sealed bids or competi16 tive proposals from responsible sources to fulfill the 

17 Government’s requirements (including performance 

18 and delivery schedules) at the best value considering 

19 the nature of the property or service procured; 

20 ‘‘(3) making acquisition decisions consistent 

21 with all applicable laws and establishing clear lines 

22 of authority, accountability, and responsibility for ac23 quisition decisionmaking within the executive agency; 

24 ‘‘(4) managing the direction of acquisition policy 

25 for the executive agency, including implementation of 
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1 the unique acquisition policies, regulations, and 

2 standards of the executive agency; 

3 ‘‘(5) developing and maintaining an acquisition 

4 career management program in the executive agency 

5 to ensure that there is an adequate professional work6 force; and 

7 ‘‘(6) as part of the strategic planning and per8 formance evaluation process required under section 

9 306 of title 5, United States Code, and sections 

10 1105(a)(28), 1115, 1116, and 9703 of title 31, United 

11 States Code—

12 ‘‘(A) assessing the requirements established 

13 for agency personnel regarding knowledge and 

14 skill in acquisition resources management and 

15 the adequacy of such requirements for facili16 tating the achievement of the performance goals 

17 established for acquisition management; 

18 ‘‘(B) in order to rectify any deficiency in 

19 meeting such requirements, developing strategies 

20 and specific plans for hiring, training, and pro21 fessional development; and 

22 ‘‘(C) reporting to the head of the executive 

23 agency on the progress made in improving ac24 quisition management capability.’’. 
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1 (2) The item relating to section 16 in the table of con2 tents in section 1(b) of such Act is amended to read as fol3 lows:

‘‘Sec. 16. Chief Acquisition Officers.’’.

4 (b) REFERENCES TO SENIOR PROCUREMENT EXECU5 TIVE.—

6 (1) AMENDMENT TO THE OFFICE OF FEDERAL

7 POLICY ACT.—

8 (A) Subsections (a)(2)(A) and (b) of section 

9 20 of the Office of Federal Procurement Policy 

10 Act (41 U.S.C. 418(a)(2)(A), (b)) are amended 

11 by striking ‘‘senior procurement executive’’ each 

12 place it appears and inserting ‘‘Chief Acquisi13 tion Officer’’. 

14 (B) Subsection (c)(2)(A)(ii) of section 29 of 

15 the Office of Federal Procurement Policy Act (41 

16 U.S.C. 425(c)(2)(A)(ii)) is amended by striking 

17 ‘‘senior procurement executive’’ and inserting 

18 ‘‘Chief Acquisition Officer’’. 

19 (C) Subsection (c) of section 37 of the Office 

20 of Federal Procurement Policy Act (41 U.S.C. 

21 433(c)) is amended—

22 (i) by striking ‘‘SENIOR PROCURE23 MENT EXECUTIVE’’ in the heading and in24 serting ‘‘CHIEF ACQUISITION OFFICER’’; 

25 and 
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1 (ii) by striking ‘‘senior procurement 

2 executive’’ each place it appears and insert3 ing ‘‘Chief Acquisition Officer’’. 

4 (2) AMENDMENT TO TITLE III OF THE FEDERAL

5 PROPERTY AND ADMINISTRATIVE SERVICES ACT OF

6 1949.—Sections 302C(b) and 303(f)(1)(B)(iii) of the 

7 Federal Property and Administrative Services Act of 

8 1949 (41 U.S.C. 252c, 253) are amended by striking 

9 ‘‘senior procurement executive’’ each place it appears 

10 and inserting ‘‘Chief Acquisition Officer’’. 

11 (3) AMENDMENT TO TITLE 10, UNITED STATES

12 CODE.—The following sections of title 10, United 

13 States Code are amended by striking ‘‘senior procure14 ment executive’’ each place it appears and inserting 

15 ‘‘Chief Acquisition Officer’’: 

16 (A) Section 133(c)(1). 

17 (B) Subsections (d)(2)(B) and (f)(1) of sec18 tion 2225. 

19 (C) Section 2302c(b). 

20 (D) Section 2304(f)(1)(B)(iii). 

21 (E) Section 2359a(i). 

22 (4) REFERENCES.—Any reference to a senior 

23 procurement executive of a department or agency of 

24 the United States in any other provision of law or 

25 regulation, document, or record of the United States 
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1 shall be deemed to be a reference to the Chief Acquisi2 tion Officer of the department or agency. 

3 (c) TECHNICAL CORRECTION.—Section 1115(a) of title 

4 31, United States Code, is amended by striking ‘‘section 

5 1105(a)(29)’’ and inserting ‘‘section 1105(a)(28)’’. 

6 SEC. 1422. CHIEF ACQUISITION OFFICERS COUNCIL. 

7 (a) ESTABLISHMENT OF COUNCIL.—The Office of Fed8 eral Procurement Policy Act (41 U.S.C. 403 et seq.) is 

9 amended by inserting after section 16 the following new sec10 tion: 

11 ‘‘SEC. 16A. CHIEF ACQUISITION OFFICERS COUNCIL. 

12 ‘‘(a) ESTABLISHMENT.—There is established in the ex13 ecutive branch a Chief Acquisition Officers Council. 

14 ‘‘(b) MEMBERSHIP.—The members of the Council shall 

15 be as follows: 

16 ‘‘(1) The Deputy Director for Management of the 

17 Office of Management and Budget, who shall act as 

18 Chairman of the Council. 

19 ‘‘(2) The Administrator for Federal Procurement 

20 Policy. 

21 ‘‘(3) The chief acquisition officer of each execu22 tive agency. 

23 ‘‘(4) The Under Secretary of Defense for Acquisi24 tion, Technology, and Logistics. 
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1 ‘‘(5) Any other officer or employee of the United 

2 States designated by the Chairman. 

3 ‘‘(c) LEADERSHIP; SUPPORT.—(1) The Administrator 

4 for Federal Procurement Policy shall lead the activities of 

5 the Council on behalf of the Deputy Director for Manage6 ment. 

7 ‘‘(2)(A) The Vice Chairman of the Council shall be se8 lected by the Council from among its members. 

9 ‘‘(B) The Vice Chairman shall serve a 1-year term, and 

10 may serve multiple terms. 

11 ‘‘(3) The Administrator of General Services shall pro12 vide administrative and other support for the Council. 

13 ‘‘(d) PRINCIPAL FORUM.—The Council is designated 

14 the principal interagency forum for monitoring and im15 proving the Federal acquisition system. 

16 ‘‘(e) FUNCTIONS.—The Council shall perform functions 

17 that include the following: 

18 ‘‘(1) Develop recommendations for the Director of 

19 the Office of Management and Budget on Federal ac20 quisition policies and requirements. 

21 ‘‘(2) Share experiences, ideas, best practices, and 

22 innovative approaches related to Federal acquisition. 

23 ‘‘(3) Assist the Administrator in the identifica24 tion, development, and coordination of multiagency 
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1 projects and other innovative initiatives to improve 

2 Federal acquisition. 

3 ‘‘(4) Promote effective business practices that en4 sure the timely delivery of best value products to the 

5 Federal Government and achieve appropriate public 

6 policy objectives. 

7 ‘‘(5) Further integrity, fairness, competition, 

8 openness, and efficiency in the Federal acquisition 

9 system. 

10 ‘‘(6) Work with the Office of Personnel Manage11 ment to assess and address the hiring, training, and 

12 professional development needs of the Federal Govern13 ment related to acquisition. 

14 ‘‘(7) Work with the Administrator and the Fed15 eral Acquisition Regulatory Council to promote the 

16 business practices referred to in paragraph (4) and 

17 other results of the functions carried out under this 

18 subsection.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents in 

20 section 1(b) of such Act is amended by inserting after the 

21 item relating to section 16 the following new item:

‘‘Sec. 16A. Chief Acquisition Officers Council.’’.

22 SEC. 1423. STATUTORY AND REGULATORY REVIEW. 

23 (a) ESTABLISHMENT.—Not later than 90 days after 

24 the date of the enactment of this Act, the Administrator for 

25 Federal Procurement Policy shall establish an advisory 
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1 panel to review laws and regulations regarding the use of 

2 commercial practices, performance-based contracting, the 

3 performance of acquisition functions across agency lines of 

4 responsibility, and the use of Governmentwide contracts. 

5 (b) MEMBERSHIP.—The panel shall be composed of at 

6 least nine individuals who are recognized experts in acqui7 sition law and Government acquisition policy. In making 

8 appointments to the panel, the Administrator shall—

9 (1) consult with the Secretary of Defense, the Ad10 ministrator of General Services, the Committees on 

11 Armed Services and Government Reform of the House 

12 of Representatives, and the Committees on Armed 

13 Services and Governmental Affairs of the Senate, and 

14 (2) ensure that the members of the panel reflect 

15 the diverse experiences in the public and private sec16 tors. 

17 (c) DUTIES.—The panel shall—

18 (1) review all Federal acquisition laws and regu19 lations with a view toward ensuring effective and ap20 propriate use of commercial practices and perform21 ance-based contracting; and 

22 (2) make any recommendations for the repeal or 

23 amendment of such laws or regulations that are con24 sidered necessary as a result of such review—
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1 (A) to eliminate any provisions in such 

2 laws or regulations that are unnecessary for the 

3 effective, efficient, and fair award and adminis4 tration of contracts for the acquisition by the 

5 Federal Government of goods and services; 

6 (B) to ensure the continuing financial and 

7 ethical integrity of acquisitions by the Federal 

8 Government; and 

9 (C) to protect the best interests of the Fed10 eral Government. 

11 (d) REPORT.—Not later than one year after the estab12 lishment of the panel, the panel shall submit to the Admin13 istrator and to the Committees on Armed Services and Gov14 ernment Reform of the House of Representatives and the 

15 Committees on Armed Services and Governmental Affairs 

16 of the Senate a report containing a detailed statement of 

17 the findings, conclusions, and recommendations of the 

18 panel. 

19 PART II—OTHER ACQUISITION IMPROVEMENTS 

20 SEC. 1426. EXTENSION OF AUTHORITY TO CARRY OUT 

21 FRANCHISE FUND PROGRAMS. 

22 Section 403(f) of the Federal Financial Management 

23 Act of 1994 (Public Law 103–356; 31 U.S.C. 501 note) is 

24 amended by striking ‘‘October 1, 2003’’ and inserting ‘‘Oc25 tober 1, 2006’’. 
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1 SEC. 1427. AGENCY ACQUISITION PROTESTS. 

2 (a) DEFENSE CONTRACTS.—(1) Chapter 137 of title 

3 10, United States Code, is amended by inserting after sec4 tion 2305a the following new section:

5 ‘‘§ 2305b. Protests

6 ‘‘(a) IN GENERAL.—An interested party may protest 

7 an acquisition of supplies or services by an agency based 

8 on an alleged violation of an acquisition law or regulation, 

9 and a decision regarding such alleged violation shall be 

10 made by the agency in accordance with this section. 

11 ‘‘(b) RESTRICTION ON CONTRACT AWARD PENDING

12 DECISION.—(1) Except as provided in paragraph (2), a 

13 contract may not be awarded by an agency after a protest 

14 concerning the acquisition has been submitted under this 

15 section and while the protest is pending. 

16 ‘‘(2) The head of the acquisition activity responsible 

17 for the award of the contract may authorize the award of 

18 a contract, notwithstanding pending protest under this sec19 tion, upon making a written finding that urgent and com20 pelling circumstances do not allow for waiting for a deci21 sion on the protest. 

22 ‘‘(c) RESTRICTION ON CONTRACT PERFORMANCE

23 PENDING DECISION.—(1) Except as provided in paragraph 

24 (2), performance of a contract may not be authorized (and 

25 performance of the contract shall cease if performance has 

26 already begun) in any case in which a protest of the con-
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1 tract award is submitted under this section before the later 

2 of—

3 ‘‘(A) the date that is 10 days after the date of 

4 contract award; or 

5 ‘‘(B) the date that is five days after an agency 

6 debriefing date offered to an unsuccessful offeror for 

7 any debriefing that is requested and, when requested, 

8 is required, under section 2305(b)(5) of this title. 

9 ‘‘(2) The head of the acquisition activity responsible 

10 for the award of a contract may authorize performance of 

11 the contract notwithstanding a pending protest under this 

12 section upon making a written finding that urgent and 

13 compelling circumstances do not allow for waiting for a de14 cision on the protest. 

15 ‘‘(d) DEADLINE FOR DECISION.—The head of an agen16 cy shall issue a decision on a protest under this section not 

17 later than the date that is 20 working days after the date 

18 on which the protest is submitted to such head of an agency. 

19 ‘‘(e) CONSTRUCTION.—Nothing in this section shall af20 fect the right of an interested party to file a protest with 

21 the Comptroller General under subchapter V of chapter 35 

22 of title 31 or in the United States Court of Federal Claims. 

23 ‘‘(f) DEFINITIONS.—In this section, the terms ‘protest’ 

24 and ‘interested party’ have the meanings given such terms 

25 in section 3551 of title 31.’’.
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1 (2) The table of sections at the beginning of such chap2 ter is amended by inserting after the item relating to section 

3 2305a the following new item:

‘‘2305b. Protests.’’.

4 (b) OTHER AGENCIES.—Title III of the Federal Prop5 erty and Administrative Services Act of 1949 is amended 

6 by inserting after section 303M (41 U.S.C. 253m) the fol7 lowing new section: 

8 ‘‘SEC. 303N. PROTESTS.

9 ‘‘(a) IN GENERAL.—An interested party may protest 

10 an acquisition of supplies or services by an executive agency 

11 based on an alleged violation of an acquisition law or regu12 lation, and a decision regarding such alleged violation shall 

13 be made by the agency in accordance with this section. 

14 ‘‘(b) RESTRICTION ON CONTRACT AWARD PENDING

15 DECISION.—(1) Except as provided in paragraph (2), a 

16 contract may not be awarded by an agency after a protest 

17 concerning the acquisition has been submitted under this 

18 section and while the protest is pending. 

19 ‘‘(2) The head of the acquisition activity responsible 

20 for the award of a contract may authorize the award of 

21 the contract, notwithstanding a pending protest under this 

22 section, upon making a written finding that urgent and 

23 compelling circumstances do not allow for waiting for a de24 cision on the protest. 
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1 ‘‘(c) RESTRICTION ON CONTRACT PERFORMANCE

2 PENDING DECISION.—(1) Except as provided in paragraph 

3 (2), performance of a contract may not be authorized (and 

4 performance of the contract shall cease if performance has 

5 already begun) in any case in which a protest of the con6 tract award is submitted under this section before the later 

7 of—

8 ‘‘(A) the date that is 10 days after the date of 

9 contract award; or 

10 ‘‘(B) the date that is five days after an agency 

11 debriefing date offered to an unsuccessful offeror for 

12 any debriefing that is requested and, when requested, 

13 is required, under section 303B(e) of this title. 

14 ‘‘(2) The head of the acquisition activity responsible 

15 for the award of a contract may authorize performance of 

16 the contract notwithstanding a pending protest under this 

17 section upon making a written finding that urgent and 

18 compelling circumstances do not allow for waiting for a de19 cision on the protest. 

20 ‘‘(d) DEADLINE FOR DECISION.—The head of an execu21 tive agency shall issue a decision on a protest under this 

22 section not later than the date that is 20 working days after 

23 the date on which the protest is submitted to the executive 

24 agency. 
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1 ‘‘(e) CONSTRUCTION.—Nothing in this section shall af2 fect the right of an interested party to file a protest with 

3 the Comptroller General under subchapter V of chapter 35 

4 of title 31, United States Code, or in the United States 

5 Court of Federal Claims. 

6 ‘‘(f) DEFINITIONS.—In this section, the terms ‘protest’ 

7 and ‘interested party’ have the meanings given such terms 

8 in section 3551 of title 31, United States Code.’’. 

9 (c) CONFORMING AMENDMENT.—Section 3553(d)(4) of 

10 title 31, United States Code, is amended—

11 (1) in subparagraph (A), by striking ‘‘or’’ at the 

12 end; 

13 (2) by striking the period at the end of subpara14 graph (B) and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following new sub16 paragraph: 

17 ‘‘(C) in the case of a protest of the same matter 

18 regarding such contract that is submitted under sec19 tion 2305b of title 10 or section 303N of the Federal 

20 Property and Administrative Services Act of 1949, 

21 the date that is 5 days after the date on which a deci22 sion on that protest is issued.’’. 
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1 SEC. 1428. IMPROVEMENTS IN CONTRACTING FOR ARCHI2 TECTURAL AND ENGINEERING SERVICES. 

3 (a) TITLE 10.—Section 2855(b) of title 10, United 

4 States Code, is amended—

5 (1) in paragraph (2), by striking ‘‘$85,000’’ and 

6 inserting ‘‘$300,000’’; and 

7 (2) by adding at the end the following new para8 graph:

9 ‘‘(4) The selection and competition requirements de10 scribed in subsection (a) shall apply to any contract for 

11 architectural and engineering services (including surveying 

12 and mapping services) that is entered into by the head of 

13 an agency (as such term is defined in section 2302 of this 

14 title).’’. 

15 (b) ARCHITECTURAL AND ENGINEERING SERVICES.—

16 Architectural and engineering services (as defined in section 

17 1102 of title 40, United States Code) shall not be offered 

18 under multiple-award schedule contracts entered into by the 

19 Administrator of General Services or under Government20 wide task and delivery-order contracts entered into under 

21 sections 2304a and 2304b of title 10, United States Code, 

22 or sections 303H and 303I of the Federal Property and Ad23 ministrative Services Act of 1949 (41 U.S.C. 253h and 

24 253i) unless such services—

25 (1) are performed under the direct supervision of 

26 a professional engineer licensed in a State; and 
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1 (2) are awarded in accordance with the selection 

2 procedures set forth in chapter 11 of title 40, United 

3 States Code. 

4 SEC. 1429. AUTHORIZATION OF TELECOMMUTING FOR FED5 ERAL CONTRACTORS. 

6 (a) AMENDMENT TO THE FEDERAL ACQUISITION REG7 ULATION.—Not later than 180 days after the date of the 

8 enactment of this Act, the Federal Acquisition Regulatory 

9 Council shall amend the Federal Acquisition Regulation 

10 issued in accordance with sections 6 and 25 of the Office 

11 of Federal Procurement Policy Act (41 U.S.C. 405 and 421) 

12 to permit telecommuting by employees of Federal Govern13 ment contractors in the performance of contracts entered 

14 into with executive agencies. 

15 (b) CONTENT OF AMENDMENT.—The regulation issued 

16 pursuant to subsection (a) shall, at a minimum, provide 

17 that solicitations for the acquisition of property or services 

18 may not set forth any requirement or evaluation criteria 

19 that would—

20 (1) render an offeror ineligible to enter into a 

21 contract on the basis of the inclusion of a plan of the 

22 offeror to permit the offeror’s employees to telecom23 mute; or 

24 (2) reduce the scoring of an offer on the basis of 

25 the inclusion in the offer of a plan of the offeror to 
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1 permit the offeror’s employees to telecommute, unless 

2 the contracting officer concerned first—

3 (A) determines that the requirements of the 

4 agency, including the security requirements of 

5 the agency, cannot be met if the telecommuting 

6 is permitted; and 

7 (B) documents in writing the basis for that 

8 determination. 

9 (c) GAO REPORT.—Not later than one year after the 

10 date on which the regulation required by subsection (a) is 

11 published in the Federal Register, the Comptroller General 

12 shall submit to Congress—

13 (1) an evaluation of—

14 (A) the conformance of the regulations with 

15 law; and 

16 (B) the compliance by executive agencies 

17 with the regulations; and 

18 (2) any recommendations that the Comptroller 

19 General considers appropriate. 

20 (d) DEFINITION.—In this section, the term ‘‘executive 

21 agency’’ has the meaning given that term in section 4 of 

22 the Office of Federal Procurement Policy Act (41 U.S.C. 

23 403). 
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1 Subtitle C—Contract Incentives 

2 SEC. 1431. INCENTIVES FOR CONTRACT EFFICIENCY. 

3 (a) INCENTIVES FOR CONTRACT EFFICIENCY.—The Of4 fice of Federal Procurement Policy Act (41 U.S.C. 403 et 

5 seq.) is amended by adding at the end the following new 

6 section: 

7 ‘‘SEC. 41. INCENTIVES FOR EFFICIENT PERFORMANCE OF 

8 SERVICES CONTRACTS. 

9 ‘‘(a) OPTIONS FOR SERVICES CONTRACTS.—An option 

10 included in a contract for services to extend the contract 

11 by one or more periods may provide that it be exercised 

12 on the basis of exceptional performance by the contractor. 

13 A contract that contains such an option provision shall in14 clude performance standards for measuring performance 

15 under the contract, and to the maximum extent practicable 

16 be performance-based. Such option provision shall only be 

17 exercised in accordance with applicable provisions of law 

18 or regulation that set forth restrictions on the duration of 

19 the contract containing the option. 

20 ‘‘(b) DEFINITION OF PERFORMANCE-BASED.—In this 

21 section, the term ‘performance-based’, with respect to a con22 tract, task order, or contracting, means that the contract, 

23 task order, or contracting, respectively, includes the use of 

24 performance work statements that set forth contract require-
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1 ments in clear, specific, and objective terms with measur2 able outcomes.’’. 

3 (b) CLERICAL AND TECHNICAL AMENDMENTS.—(1) 

4 The table of contents in section 1(b) of such Act is amended 

5 by striking the last item and inserting the following:

‘‘Sec. 40. Protection of constitutional rights of contractors. 

‘‘Sec. 41. Incentives for efficient performance of services contracts.’’.

6 (2) The section before section 41 of such Act (as added 

7 by subsection (a)) is redesignated as section 40. 

8 Subtitle D—Acquisitions of 

9 Commercial Items 

10 SEC. 1441. ADDITIONAL INCENTIVE FOR USE OF PERFORM11 ANCE-BASED CONTRACTING FOR SERVICES.

12 (a) OTHER CONTRACTS.—Section 41 of the Office of 

13 Federal Procurement Policy Act, as added by section 1431, 

14 is amended—

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

16 (c); and 

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

18 new subsection: 

19 ‘‘(b) INCENTIVE FOR USE OF PERFORMANCE-BASED

20 SERVICES CONTRACTS.—(1) A performance-based contract 

21 for the procurement of services entered into by an executive 

22 agency or a performance-based task order for services issued 

23 by an executive agency may be treated as a contract for 

24 the procurement of commercial items if—
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1 ‘‘(A) the contract or task order sets forth specifi2 cally each task to be performed and, for each task—

3 ‘‘(i) defines the task in measurable, mission4 related terms; and 

5 ‘‘(ii) identifies the specific end products or 

6 output to be achieved; and 

7 ‘‘(B) the source of the services provides similar 

8 services to the general public under terms and condi9 tions similar to those offered to the Federal Govern10 ment. 

11 ‘‘(2) The regulations implementing this subsection 

12 shall require agencies to collect and maintain reliable data 

13 sufficient to identify the contracts or task orders treated as 

14 contracts for commercial items using the authority of this 

15 subsection. The data may be collected using the Federal Pro16 curement Data System or other reporting mechanism.

17 ‘‘(3) Not later than two years after the date of the en18 actment of this subsection, the Director of the Office of Man19 agement and Budget shall prepare and submit to the Com20 mittees on Governmental Affairs and on Armed Services of 

21 the Senate and the Committees on Government Reform and 

22 on Armed Services of the House of Representatives a report 

23 on the contracts or task orders treated as contracts for com24 mercial items using the authority of this subsection. The 
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1 report shall include data on the use of such authority both 

2 government-wide and for each department and agency. 

3 ‘‘(4) The authority under this subsection shall expire 

4 10 years after the date of the enactment of this subsection.’’. 

5 (b) CENTER OF EXCELLENCE IN SERVICE CON6 TRACTING.—Not later than 180 days after the date of the 

7 enactment of this Act, the Administrator for Federal Pro8 curement Policy shall establish a center of excellence in con9 tracting for services. The center of excellence shall assist the 

10 acquisition community by identifying, and serving as a 

11 clearinghouse for, best practices in contracting for services 

12 in the public and private sectors. 

13 (c) REPEAL OF SUPERSEDED PROVISION.—Subsection 

14 (b) of section 821 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–218) is repealed. 

17 SEC. 1442. AUTHORIZATION OF ADDITIONAL COMMERCIAL 

18 CONTRACT TYPES. 

19 Section 8002(d) of the Federal Acquisition Stream20 lining Act of 1994 (Public Law 103–355; 108 Stat. 3387; 

21 41 U.S.C. 264 note) is amended—

22 (1) in paragraph (1), by striking ‘‘and’’; 

23 (2) by striking the period at the end of para24 graph (2) and inserting ‘‘; and’’; and 
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1 (3) by adding at the end the following new para2 graph: 

3 ‘‘(3) authority for use of a time and materials 

4 contract or a labor-hour contract for the procurement 

5 of commercial services that are commonly sold to the 

6 general public through such contracts.’’

7 SEC. 1443. CLARIFICATION OF COMMERCIAL SERVICES DEF8 INITION. 

9 Subparagraph (F) of section 4(12) of the Office of Fed10 eral Procurement Policy Act (41 U.S.C. 403(12)(F)) is 

11 amended—

12 (1) by striking ‘‘catalog or’’; and 

13 (2) by inserting ‘‘or specific outcomes to be 

14 achieved’’ after ‘‘performed’’.

15 SEC. 1444. DESIGNATION OF COMMERCIAL BUSINESS ENTI16 TIES. 

17 (a) IN GENERAL.—Section 4 of the Office of Federal 

18 Procurement Policy Act (41 U.S.C. 403), as amended by 

19 section 1411, is further amended—

20 (1) by adding at the end of paragraph (12) the 

21 following new subparagraph: 

22 ‘‘(I) Items or services produced or provided 

23 by a commercial entity.’’; and 

24 (2) by adding at the end the following new para25 graph: 
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1 ‘‘(17) The term ‘commercial entity’ means any 

2 enterprise whose primary customers are other than 

3 the Federal Government. In order to qualify as a 

4 commercial entity, at least 90 percent (in dollars) of 

5 the sales of the enterprise over the past three business 

6 years must have been made to private sector enti7 ties.’’. 

8 (b) COLLECTION OF DATA.—Regulations imple9 menting the amendments made by subsection (a) shall re10 quire agencies to collect and maintain reliable data suffi11 cient to identify the contracts entered into or task orders 

12 awarded for items or services produced or provided by a 

13 commercial entity. The data may be collected using the Fed14 eral Procurement Data System or other reporting mecha15 nism. 

16 (c) OMB REPORT.—Not later than two years after the 

17 date of the enactment of this subsection, the Director of the 

18 Office of Management and Budget shall prepare and submit 

19 to the Committees on Governmental Affairs and on Armed 

20 Services of the Senate and the Committees on Government 

21 Reform and on Armed Services of the House of Representa22 tives a report on the contracts entered into or task orders 

23 awarded for items or services produced or provided by a 

24 commercial entity. The report shall include data on the use 
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1 of such authority both government-wide and for each de2 partment and agency. 

3 (d) COMPTROLLER GENERAL REVIEW.—The Comp4 troller General shall review the implementation of the 

5 amendments made by subsection (a) to evaluate the effec6 tiveness of such implementation in increasing the avail7 ability of items and services to the Federal Government at 

8 fair and reasonable prices.

9 Subtitle E—Other Matters 

10 SEC. 1451. AUTHORITY TO ENTER INTO CERTAIN PROCURE11 MENT-RELATED TRANSACTIONS AND TO 

12 CARRY OUT CERTAIN PROTOTYPE PROJECTS. 

13 Title III of the Federal Property and Administrative 

14 Services Act of 1949 (41 U.S.C. 251 et seq.) is amended 

15 by adding at the end the following new section:

16 ‘‘SEC. 318. AUTHORITY TO ENTER INTO CERTAIN TRANS17 ACTIONS FOR DEFENSE AGAINST OR RECOV18 ERY FROM TERRORISM OR NUCLEAR, BIO19 LOGICAL, CHEMICAL, OR RADIOLOGICAL AT20 TACK. 

21 ‘‘(a) AUTHORITY.—

22 ‘‘(1) IN GENERAL.—The head of an executive 

23 agency who engages in basic research, applied re24 search, advanced research, and development projects 

25 that—
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1 ‘‘(A) are necessary to the responsibilities of 

2 such official’s executive agency in the field of re3 search and development, and 

4 ‘‘(B) have the potential to facilitate defense 

5 against or recovery from terrorism or nuclear, 

6 biological, chemical, or radiological attack, 

7 may exercise the same authority (subject to the same 

8 restrictions and conditions) with respect to such re9 search and projects as the Secretary of Defense may 

10 exercise under section 2371 of title 10, United States 

11 Code, except for subsections (b) and (f) of such section 

12 2371. 

13 ‘‘(2) PROTOTYPE PROJECTS.—The head of an ex14 ecutive agency may, under the authority of paragraph 

15 (1), carry out prototype projects that meet the re16 quirements of subparagraphs (A) and (B) of para17 graph (1) in accordance with the requirements and 

18 conditions provided for carrying out prototype 

19 projects under section 845 of the National Defense Au20 thorization Act for Fiscal Year 1994 (Public Law 

21 103–160; 10 U.S.C. 2371 note). In applying the re22 quirements and conditions of that section 845—

23 ‘‘(A) subsection (c) of that section shall 

24 apply with respect to prototype projects carried 

25 out under this paragraph; and 
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1 ‘‘(B) the Director of the Office of Manage2 ment and Budget shall perform the functions of 

3 the Secretary of Defense under subsection (d) of 

4 that section. 

5 ‘‘(3) APPLICABILITY TO SELECTED EXECUTIVE

6 AGENCIES.—

7 ‘‘(A) OMB AUTHORIZATION REQUIRED.—

8 The head of an executive agency may exercise 

9 authority under this subsection only if author10 ized by the Director of the Office of Management 

11 and Budget to do so. 

12 ‘‘(B) RELATIONSHIP TO AUTHORITY OF DE13 PARTMENT OF HOMELAND SECURITY.—The au14 thority under this subsection shall not apply to 

15 the Secretary of Homeland Security while sec16 tion 831 of the Homeland Security Act of 2002 

17 (Public Law 107-296; 116 Stat. 2224) is in ef18 fect. 

19 ‘‘(b) ANNUAL REPORT.—The annual report of the head 

20 of an executive agency that is required under subsection (h) 

21 of section 2371 of title 10, United States Code, as applied 

22 to the head of the executive agency by subsection (a), shall 

23 be submitted to the Committee on Governmental Affairs of 

24 the Senate and the Committee on Government Reform of 

25 the House of Representatives. 
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1 ‘‘(c) REGULATIONS.—The Director of the Office of 

2 Management and Budget shall prescribe regulations to 

3 carry out this section.’’. 

4 SEC. 1452. AUTHORITY TO MAKE INFLATION ADJUSTMENTS 

5 TO SIMPLIFIED ACQUISITION THRESHOLD. 

6 Section 4(11) of the Office of Federal Procurement Pol7 icy Act (41 U.S.C. 403(11)) is amended by inserting before 

8 the period at the end the following: ‘‘, except that such 

9 amount may be adjusted by the Administrator every five 

10 years to the amount equal to $100,000 in constant fiscal 

11 year 2003 dollars (rounded to the nearest $10,000)’’. 

12 SEC. 1453. TECHNICAL CORRECTIONS RELATED TO DUPLI13 CATIVE AMENDMENTS. 

14 (a) REPEAL OF SUPERSEDED SUBCHAPTER AND RE15 LATED CONFORMING AMENDMENTS.—(1) Subchapter II of 

16 chapter 35 of title 44, United States Code, is repealed. 

17 (2) Subchapter III of such chapter is redesignated as 

18 subchapter II. 

19 (3) Section 3549 of title 44, United States Code, is 

20 amended by striking the sentence beginning with ‘‘While 

21 this subchapter’’. 

22 (4) The table of sections at the beginning of chapter 

23 35 of title 44, United States Code, is amended—

24 (A) by striking the items relating to sections 

25 3531 through 3538; and 
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1 (B) by striking the heading ‘‘SUBCHAPTER 

2 III—INFORMATION SECURITY’’. 

3 (5) Section 2224a of title 10, United States Code, is 

4 repealed, and the table of sections at the beginning of chap5 ter 131 of such title is amended by striking the item relating 

6 to such section. 

7 (b) CONFORMING AMENDMENTS RELATED TO REPEALS

8 OF SHARE-IN-SAVINGS AND SOLUTIONS-BASED CON9 TRACTING PILOT PROGRAMS.—(1) Chapter 115 of title 40, 

10 United States Code, is repealed. 

11 (2) The table of chapters at the beginning of subtitle 

12 III of such title is amended by striking the item relating 

13 to chapter 115. 

14 (c) AMENDMENTS MADE BY E-GOVERNMENT ACT

15 MADE APPLICABLE.—The following provisions of law shall 

16 read as if the amendments made by title X of the Homeland 

17 Security Act of 2002 (Public Law 107–296) to such provi18 sions did not take effect: 

19 (1) Section 2224 of title 10, United States Code. 

20 (2) Sections 20 and 21 of the National Institute 

21 of Standards and Technology Act (15 U.S.C. 278g-3 

22 and 278g-4). 

23 (3) Sections 11331 and 11332 of title 40, United 

24 States Code. 
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1 (4) Subtitle G of title X of the Floyd D. Spence 

2 National Defense Authorization Act for Fiscal Year 

3 2001 (Public Law 106–398; 44 U.S.C. 3531 note). 

4 (5) Sections 3504(g), 3505, and 3506(g) of title 

5 44, United States Code. 

6 (d) CORRECTION OF CROSS REFERENCE.—Section 

7 2224(c) of title 10, United States Code, as amended by sec8 tion 301(c)(1)(B)(iii) of the E-Government Act of 2002 

9 (Public Law 107–347; 116 Stat. 2955), is amended by strik10 ing ‘‘subchapter III’’ and inserting ‘‘subchapter II’’.

11 SEC. 1454. PROHIBITION ON USE OF QUOTAS. 

12 (a) IN GENERAL.—After the date of enactment of this 

13 Act, the Office of Management and Budget may not estab14 lish, apply, or enforce any numerical goal, target, or quota 

15 for subjecting the employees of a department or agency of 

16 the Government to public-private competitions or con17 verting such employees or the work performed by such em18 ployees to contractor performance under Office of Manage19 ment and Budget Circular A-76 or any other administra20 tive regulation, directive, or policy unless the goal, target, 

21 or quota is based on considered research and sound analysis 

22 of past activities and is consistent with the stated mission 

23 of the department or agency. 

24 (b) LIMITATIONS.—Subsection (a) shall not—
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1 (1) otherwise affect the implementation or en2 forcement of the Government Performance and Results 

3 Act of 1993 (107 Stat. 285); or 

4 (2) prevent any agency of the Executive branch 

5 from subjecting work performed by Federal employees 

6 or private contractors to public-private competition 

7 or conversions. 

8 SEC. 1455. APPLICABILITY OF CERTAIN PROVISIONS TO 

9 SOLE SOURCE CONTRACTS FOR GOODS AND 

10 SERVICES TREATED AS COMMERCIAL ITEMS. 

11 (a) IN GENERAL.—Notwithstanding the amendments 

12 made by subtitle D of this Act, no contract for the procure13 ment of services or goods awarded on a sole source basis 

14 shall be exempt from—

15 (1) cost accounting standards promulgated pur16 suant to section 26 of the Office of Federal Procure17 ment Policy Act (41 U.S.C. 422); and 

18 (2) cost or pricing data requirements (commonly 

19 referred to as truth in negotiating) under section 

20 2306a of title 10, United States Code, and section 

21 304A of title III of the Federal Property and Admin22 istrative Services Act of 1949 (41 U.S.C. 254b). 

23 (b) LIMITATION.—This section shall not apply to any 

24 contract in an amount not greater than $15,000,000.
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1 SEC. 1456. PUBLIC DISCLOSURE OF NONCOMPETITIVE CON2 TRACTING FOR THE RECONSTRUCTION OF IN3 FRASTRUCTURE IN IRAQ. 

4 (a) DISCLOSURE REQUIRED.—

5 (1) PUBLICATION AND PUBLIC AVAILABILITY.—

6 The head of an executive agency of the United States 

7 that enters into a contract for the repair, mainte8 nance, or construction of infrastructure in Iraq with9 out full and open competition shall publish in the 

10 Federal Register or Commerce Business Daily and 

11 otherwise make available to the public, not later than 

12 30 days after the date on which the contract is en13 tered into, the following information: 

14 (A) The amount of the contract. 

15 (B) A brief description of the scope of the 

16 contract. 

17 (C) A discussion of how the executive agen18 cy identified, and solicited offers from, potential 

19 contractors to perform the contract, together with 

20 a list of the potential contractors that were 

21 issued solicitations for the offers. 

22 (D) The justification and approval docu23 ments on which was based the determination to 

24 use procedures other than procedures that pro25 vide for full and open competition. 
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1 (2) INAPPLICABILITY TO CONTRACTS AFTER FIS2 CAL YEAR 2013.—Paragraph (1) does not apply to a 

3 contract entered into after September 30, 2013. 

4 (b) CLASSIFIED INFORMATION.—

5 (1) AUTHORITY TO WITHHOLD.—The head of an 

6 executive agency may—

7 (A) withhold from publication and disclo8 sure under subsection (a) any document that is 

9 classified for restricted access in accordance with 

10 an Executive order in the interest of national de11 fense or foreign policy; and 

12 (B) redact any part so classified that is in 

13 a document not so classified before publication 

14 and disclosure of the document under subsection 

15 (a). 

16 (2) AVAILABILITY TO CONGRESS.—In any case 

17 in which the head of an executive agency withholds 

18 information under paragraph (1), the head of such 

19 executive agency shall make available an unredacted 

20 version of the document containing that information 

21 to the chairman and ranking member of each of the 

22 following committees of Congress: 

23 (A) The Committee on Governmental Af24 fairs of the Senate and the Committee on Gov25 ernment Reform of the House of Representatives. 
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1 (B) The Committees on Appropriations of 

2 the Senate and House of Representatives. 

3 (C) Each committee that the head of the ex4 ecutive agency determines has legislative juris5 diction for the operations of such department or 

6 agency to which the information relates. 

7 (c) FISCAL YEAR 2003 CONTRACTS.—This section shall 

8 apply to contracts entered into on or after October 1, 2002, 

9 except that, in the case of a contract entered into before 

10 the date of the enactment of this Act, subsection (a) shall 

11 be applied as if the contract had been entered into on the 

12 date of the enactment of this Act. 

13 (d) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—

14 Nothing in this section shall be construed as affecting obli15 gations to disclose United States Government information 

16 under any other provision of law. 

17 (e) DEFINITIONS.—In this section, the terms ‘‘executive 

18 agency’’ and ‘‘full and open competition’’ have the mean19 ings given such terms in section 4 of the Office of Federal 

20 Procurement Policy Act (41 U.S.C. 403).
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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

Alaska ..................................... Fort Wainwright .............................. $138,800,000

California ............................... Fort Irwin ......................................... $3,350,000

Colorado ................................. Fort Carson ....................................... $2,150,000

Georgia ................................... Fort Benning .................................... $34,500,000

Fort Stewart/Hunter Army Air 

Field .............................................. $138,550,000

Hawaii ................................... Helemano Military Reservation ...... $1,400,000

Schofield Barracks ........................... $128,100,000

Kansas .................................... Fort Leavenworth ............................. $115,000,000

Fort Riley ......................................... $40,000,000

Kentucky ................................ Fort Knox ......................................... $5,500,000

Louisiana ............................... Fort Polk ........................................... $72,000,000

Maryland ............................... Fort Meade ........................................ $9,600,000

Massachusetts ......................... Soldier Systems Center, Natick ....... $5,500,000

Missouri ................................. Fort Leonard Wood .......................... $5,900,000

New Jersey ............................. Naval Air Engineering Center, 

Lakehurst ...................................... $2,250,000

Picatinny Arsenal ............................ $11,800,000

New York ................................ Fort Drum ........................................ $139,300,000

North Carolina ...................... Fort Bragg ........................................ $163,400,000

Oklahoma ............................... Fort Sill ............................................ $5,500,000

Texas ...................................... Fort Bliss .......................................... $5,400,000
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Army: Inside the United States—Continued

State Installation or location Amount 

Fort Hood ......................................... $56,700,000

Virginia .................................. Fort Belvoir ...................................... $7,000,000

Fort Lee ............................................. $3,850,000

Fort Myer .......................................... $9,000,000

Washington ............................ Fort Lewis ......................................... $3,900,000

Total .......................................... $1,108,500,000 

1 (b) OUTSIDE THE UNITED STATES.—Subject to sub2 section (c), using amounts appropriated pursuant to the 

3 authorization of appropriations in section 2104(a)(2), the 

4 Secretary of the Army may acquire real property and carry 

5 out military construction projects for the installations and 

6 locations outside the United States, and in the amounts, 

7 set forth in the following table:

Army: Outside the United States 

Country Installation or location Amount 

Germany .................................. Grafenwoehr ........................................ $76,000,000

Heidelberg ........................................... $17,000,000

Hohenfels ............................................. $13,200,000

Vilseck .................................................. $31,000,000

Italy ......................................... Aviano Air Base ................................. $28,500,000

Livorno ................................................ $22,000,000

Korea ........................................ Camp Humphreys .............................. $191,150,000

Kwajalein ................................. Kwajalein ............................................ $9,400,000

Total .................................................... $388,250,000 

8 (c) CONDITION ON PROJECTS AUTHORIZATION.—The 

9 authority of the Secretary of the Army to proceed with the 

10 projects at Camp Humphreys, Korea, referred to in the 

11 table in subsection (b), and to obligate amounts appro12 priated pursuant to the authorization of appropriations in 

13 section 2104(a)(2) in connection with such project, is sub14 ject to the condition that the Secretary submit to the con15 gressional defense committees written notice in advance that 
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1 the United States and the Republic of Korea have entered 

2 into an agreement to ensure the availability and use of land 

3 sufficient for such projects. 

4 SEC. 2102. FAMILY HOUSING. 

5 (a) CONSTRUCTION AND ACQUISITION.—Using 

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2104(a)(5)(A), the Secretary of the 

8 Army may construct or acquire family housing units (in9 cluding land acquisition and supporting facilities) at the 

10 installations, for the purposes, and in the amounts set forth 

11 in the following table:

Army: Family Housing 

State or Country Installation or location Purpose Amount 

Alaska .............................. Fort Wainwright .................. 140 Units ..... $64,000,000

Arizona ............................ Fort Huachuca ..................... 220 Units ..... $41,000,000

Kansas ............................. Fort Riley ............................. 62 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

Virginia ........................... Fort Lee ................................ 90 Units ....... $18,000,000

Total: ... $220,673,000

12 (b) PLANNING AND DESIGN.—Using amounts appro13 priated pursuant to the authorization of appropriations in 

14 section 2104(a)(5)(A), the Secretary of the Army may carry 

15 out architectural and engineering services and construction 

16 design activities with respect to the construction or im17 provement of family housing units in an amount not to 

18 exceed $34,488,000. 
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1 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States Code, 

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2104(a)(5)(A), the Sec6 retary of the Army may improve existing military family 

7 housing units in an amount not to exceed $156,030,000. 

8 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

9 (a) IN GENERAL.—Funds are hereby authorized to be 

10 appropriated for fiscal years beginning after September 30, 

11 2003, for military construction, land acquisition, and mili12 tary family housing functions of the Department of the 

13 Army in the total amount of $3,056,697,000, as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by section 2101(a), 

16 $902,000,000. 

17 (2) For military construction projects outside the 

18 United States authorized by section 2101(b), 

19 $359,350,000. 

20 (3) For unspecified minor construction projects 

21 authorized by section 2805 of title 10, United States 

22 Code, $22,550,000. 

23 (4) For architectural and engineering services 

24 and construction design under section 2807 of title 

25 10, United States Code, $128,580,000. 

26 (5) For military family housing functions: 
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1 (A) For construction and acquisition, plan2 ning and design, and improvement of military 

3 family housing and facilities, $409,191,000. 

4 (B) For support of military family housing 

5 (including the functions described in section 

6 2833 of title 10, United States Code), 

7 $1,043,026,000. 

8 (6) For the construction of phase 3 of a barracks 

9 complex, D Street, at Fort Richardson, Alaska, au10 thorized by section 2101(a) of the Military Construc11 tion Authorization Act for Fiscal Year 2002 (division 

12 B of Public Law 107–107; 115 Stat. 1280), as 

13 amended by section 2105 of this Act, $33,000,000. 

14 (7) For the construction of phase 3 of a barracks 

15 complex, 17th and B Streets, at Fort Lewis, Wash16 ington, authorized by section 2101(a) of the Military 

17 Construction Authorization Act for Fiscal Year 2002 

18 (division B of Public Law 107–107; 115 Stat. 1280), 

19 $48,000,000. 

20 (8) For the construction of phase 2 of a barracks 

21 complex, Capron Road, at Schofield Barracks, Ha22 waii, authorized by section 2101(a) of the Military 

23 Construction Authorization Act for Fiscal Year 2003 

24 (division B of Public Law 107–314; 116 Stat. 2681), 

25 $49,000,000. 
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1 (9) For the construction of phase 2 of a barracks 

2 complex, Range Road, at Fort Campbell, Kentucky, 

3 authorized by section 2101(a) of the Military Con4 struction Authorization Act for Fiscal Year 2003 (di5 vision B of Public Law 107–314; 116 Stat. 2681), 

6 $49,000,000. 

7 (10) For the construction of phase 2 of a consoli8 dated maintenance complex at Fort Sill, Oklahoma, 

9 authorized by section 2101(a) of the Military Con10 struction Authorization Act for Fiscal Year 2003 (di11 vision B of Public Law 107–314; 116 Stat. 2681), 

12 $13,000,000. 

13 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

14 PROJECTS.—Notwithstanding the cost variations author15 ized by section 2853 of title 10, United States Code, and 

16 any other cost variation authorized by law, the total cost 

17 of all projects carried out under section 2101 of this Act 

18 may not exceed the sum of the following: 

19 (1) The total amount authorized to be appro20 priated under paragraphs (1) and (2) of subsection 

21 (a). 

22 (2) $32,000,000 (the balance of the amount au23 thorized under section 2101(a) for construction of a 

24 barracks, Fort Stewart/Hunter Army Airfield, Geor25 gia). 
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1 (3) $87,000,000 (the balance of the amount au2 thorized under section 2101(a) for construction of the 

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 construction of a 

7 barracks complex, Wheeler Army Airfield, Fort Drum, 

8 New York). 

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 (6) $18,900,000 (the balance of the amount au14 thorized under section 2101(b) for construction of a 

15 barracks complex, Vilseck, Germany).

16 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

17 CERTAIN FISCAL YEAR 2002 PROJECTS. 

18 (a) MODIFICATION.—The table in section 2101(a) of 

19 the Military Construction Authorization Act for Fiscal Year 

20 2002 (division B of Public Law 107-107; 115 Stat. 1281), 

21 as amended by section 2105 of the Military Construction 

22 Authorization Act for Fiscal Year 2003 (division B of Pub23 lic Law 107–314; 116 Stat. 2689), is further amended—
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1 (1) in the item relating to Fort Richardson, 

2 Alaska, by striking ‘‘$115,000,000’’ in the amount 

3 column and inserting ‘‘$117,000,000’’; and 

4 (2) by striking the amount identified as the total 

5 in the amount column and inserting 

6 ‘‘$1,364,750,000’’. 

7 (b) CONFORMING AMENDMENT.—Section 2104(b)(2) of 

8 that Act (115 Stat. 1284) is amended by striking 

9 ‘‘$52,000,000’’ and inserting ‘‘$54,000,000’’.

10 TITLE XXII—NAVY 

11 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

12 ACQUISITION PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts ap14 propriated pursuant to the authorization of appropriations 

15 in section 2204(a)(1), the Secretary of the Navy may ac16 quire real property and carry out military construction 

17 projects for the installations and locations inside the United 

18 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 Air-Ground Task Force 

Training Center, Twentynine Palms .... $42,090,000

Marine Corps Air Station, Miramar ........ $7,640,000

Marine Corps Base, Camp Pendleton ....... $73,580,000

Naval Air Facility, San Clemente Island $18,940,000

Naval Air Station, Lemoore ...................... $34,510,000

Naval Air Station, North Island ............... $49,240,000

Naval Air Warfare Center, China Lake ... $12,230,000

Naval Air Warfare Center, Point Mugu, 

San Nicholas Island ............................... $6,150,000

Naval Postgraduate School, Monterey ....... $42,560,000

Naval Station, San Diego .......................... $49,710,000

Connecticut ...................... Naval Submarine Base, New London ....... $3,120,000

District of Columbia ....... Marine Corps Barracks .............................. $1,550,000

Florida .............................. Blount Island (Jacksonville) ...................... $115,711,000
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Navy: Inside the United States—Continued

State Installation or location Amount 

Naval Air Station, Jacksonville ................ $9,190,000

Naval Air Station, Whiting Field, Milton $4,830,000

Naval Surface Warfare Center, Coastal 

Systems Station, Panama City ............. $9,550,000

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

Indiana ............................. Naval Surface Warfare Center, Crane ...... $11,400,000

Maryland .......................... Naval Air Warfare Center, Patuxent 

River ........................................................ $28,270,000

Naval Surface Warfare Center, Indian 

Head ........................................................ $14,850,000

Mississippi ....................... Naval Air Station, Meridian ..................... $4,570,000

Naval Station, Pascagoula ......................... $6,100,000

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, New River ..... $6,240,000

Marine Corps Base, Camp Lejeune ........... $29,450,000

Rhode Island .................... Naval Station, Newport ............................. $16,140,000

Naval Undersea Warfare Center, Newport $10,890,000

South Carolina ................ Naval Weapons Station, Charleston .......... $2,350,000

Texas ................................. Naval Air Station, Corpus Christi ........... $5,400,000

Virginia ............................ Henderson Hall, Arlington ........................ $1,970,000

Marine Corps Combat Development Command, Quantico ...................................... $3,700,000

Naval Air Station, Oceana ........................ $10,000,000

Naval Amphibious Base, Little Creek ....... $3,810,000

Naval Space Command Center, Dahlgren $24,020,000

Naval Station, Norfolk ............................... $182,240,000

Norfolk Naval Shipyard, Portsmouth ....... $17,770,000

Washington ...................... Naval Air Station, Whidbey Island .......... $4,350,000

Naval Magazine, Indian Island ................ $2,240,000

Naval Shipyard, Puget Sound .................. $12,120,000

Naval Submarine Base, Bangor ................ $33,820,000

Strategic Weapons Facility Pacific, Bangor ............................................................ $6,530,000

Various Locations ............ Various Locations, CONUS ....................... $56,360,000

Total .................................................... $1,340,662,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the locations outside the United States, and in 

6 the amounts, set forth in the following table:
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Navy: Outside the United States 

Country Installation or location Amount 

Bahrain ............................ Naval Support Activity, Bahrain ............... $18,030,000

Guam ................................ Commander, United States Naval Forces, 

Marianas ................................................... $1,700,000

Italy .................................. Naval Air Station, Sigonella ....................... $48,749,000

Naval Support Activity, La Maddalena ..... $39,020,000

United Kingdom .............. Joint Maritime Facility, St. Mawgan ........ $7,070,000

Total ...................................................... $114,569,000

1 SEC. 2202. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a)(5)(A), the Secretary of the 

5 Navy may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the 

7 installations, for the purposes, and in the amounts set forth 

8 in the following table:

Navy: Family Housing 

State or Country Installation or location Purpose Amount 

California ........................ Naval Air Station, Lemoore 187 Units ..... $41,585,000

Florida ............................. Naval Air Station, Pensacola .................................... 25 Units ....... $4,447,000

North Carolina ................ Marine Corps Air Station, 

Cherry Point .................... 339 Units ..... 42,803,000

Marine Corps Base, Camp 

Lejeune ............................. 519 Units ..... $68,531,000

Total .... $157,366,000

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriation in 

11 section 2204(a)(5)(A), the Secretary of the Navy may carry 

12 out architectural and engineering services and construction 

13 design activities with respect to the construction or im14 provement of military family housing units in an amount 

15 not to exceed $8,381,000. 
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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States Code, 

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2204(a)(5)(A), the Sec6 retary of the Navy may improve existing military family 

7 housing units in an amount not to exceed $20,446,000. 

8 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

9 (a) IN GENERAL.—Funds are hereby authorized to be 

10 appropriated for fiscal years beginning after September 30, 

11 2003, for military construction, land acquisition, and mili12 tary family housing functions of the Department of the 

13 Navy in the total amount of $2,288,917,000, as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by section 2201(a), 

16 $1,005,882,000. 

17 (2) For military construction projects outside the 

18 United States authorized by section 2201(b), 

19 $114,569,000. 

20 (3) For unspecified minor construction projects 

21 authorized by section 2805 of title 10, United States 

22 Code, $13,624,000. 

23 (4) For architectural and engineering services 

24 and construction design under section 2807 of title 

25 10, United States Code, $71,141,000. 

26 (5) For military family housing functions: 
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1 (A) For construction and acquisition, plan2 ning and design, and improvement of military 

3 family housing and facilities, $184,193,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 of 

6 title 10, United States Code), $852,778,000. 

7 (6) For construction of a bachelors enlisted quar8 ters shipboard ashore at Naval Shipyard Norfolk, Vir9 ginia, authorized by section 2201(a) of the Military 

10 Construction Authorization Act for Fiscal Year 2003 

11 (division B of Public Law 107-314; 116 Stat. 2687), 

12 $46,730,000. 

13 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

14 PROJECTS.—Notwithstanding the cost variations author15 ized by section 2853 of title 10, United States Code, and 

16 any other cost variation authorized by law, the total cost 

17 of all projects carried out under section 2201 of this Act 

18 may not exceed the sum of the following: 

19 (1) The total amount authorized to be appro20 priated under paragraphs (1) and (2) of subsection 

21 (a). 

22 (2) $25,690,000 (the balance of the amount au23 thorized under section 2101(a) for construction of a 

24 tertiary sewage treatment facility, Marine Corp Base, 

25 Camp Pendleton, California). 
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1 (3) $58,190,000 (the balance of the amount au2 thorized under section 2101(a) for construction of a 

3 battle station training facility, Naval Training Cen4 ter, Great Lakes, Illinois). 

5 (4) $96,980,000 (the balance of the amount au6 thorized under section 2101(a) for construction of a 

7 general purpose berthing pier, Naval Weapons Sta8 tion Earle, New Jersey). 

9 (5) $118,170,000 (the balance of the amount au10 thorized under section 2101(a) for construction of the 

11 Pier 11 replacement, Naval Station, Norfolk, Vir12 ginia). 

13 (6) $28,750,000 (the balance of the amount au14 thorized under section 2101(a) for construction of out15 lying landing field facilities, various locations in the 

16 continental United States).

17 TITLE XXIII—AIR FORCE

18 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

19 LAND ACQUISITION PROJECTS. 

20 (a) INSIDE THE UNITED STATES.—Using amounts ap21 propriated pursuant to the authorization of appropriations 

22 in section 2304(a)(1), the Secretary of the Air Force may 

23 acquire real property and carry out military construction 

24 projects for the installations and locations inside the United 

25 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 ...................... $26,000,000

Alaska ....................................... Eielson Air Force Base ........................ $33,261,000

Elmendorf Air Force Base ................... $2,000,000

Arizona ..................................... Davis-Monthan Air Force Base .......... $10,062,000

Arkansas ................................... Little Rock Air Force Base .................. $7,445,000

California ................................. Beale Air Force Base ........................... $22,750,000

Edwards Air Force Base ..................... $26,744,000

Vandenberg Air Force Base ................. $16,500,000

Colorado .................................... Buckley Air Force Base ....................... $7,019,000

District of Columbia ................ Bolling Air Force Base ........................ $9,300,000

Florida ...................................... Hurlburt Field ...................................... $27,200,000

Tyndall Air Force Base ....................... $20,720,000

Georgia ...................................... Robins Air Force Base ......................... $37,164,000

Hawaii ...................................... Hickam Air Force Base ....................... $73,296,000

Idaho ......................................... Mountain Home Air Force Base ......... $5,445,000

Illinois ....................................... Scott Air Force Base ............................ $1,900,000

Mississippi ................................ Columbus Air Force Base .................... $2,200,000

Keesler Air Force Base ......................... $2,900,000

Missouri .................................... Whiteman Air Force Base ................... $11,600,000

New Jersey ................................ McGuire Air Force Base ...................... $11,861,000

New Mexico ............................... Kirtland Air Force Base ...................... $11,247,000

Tularosa Radar Test Site .................... $3,600,000

North Carolina ......................... Pope Air Force Base ............................ $24,499,000

Seymour Johnson Air Force Base ...... $23,022,000

North Dakota ............................ Minot Air Force Base .......................... $3,190,000

Ohio ........................................... Wright-Patterson Air Force Base ....... $21,100,000

Oklahoma .................................. Altus Air Force Base ............................ $1,167,000

Tinker Air Force Base ......................... $19,444,000

South Carolina ......................... Charleston Air Force Base ................... $9,042,000

Shaw Air Force Base ........................... $8,500,000

Texas ......................................... Goodfellow Air Force Base .................. $20,335,000

Lackland Air Force Base ..................... $57,360,000

Laughlin Air Force Base ..................... $12,400,000

Sheppard Air Force Base .................... $38,167,000

Utah .......................................... Hill Air Force Base ............................. $15,848,000

Virginia .................................... Langley Air Force Base ....................... $25,474,000

Washington ............................... McChord Air Force Base ..................... $19,000,000

Total ...................................................... $668,762,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the 

6 United States, and in the amounts, set forth in the following 

7 table:
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Air Force: Outside the United States 

Country Installation or location Amount 

Germany ................................... Ramstein Air Base ............................... $41,866,000

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

Turkey ....................................... Incirlik Air Base .................................. $3,262,000

United Kingdom ...................... Royal Air Force, Lakenheath .............. $42,487,000

Royal Air Force, Mildenhall ............... $10,558,000

Wake Island .............................. Wake Island .......................................... $24,000,000

Total .............................................. $169,392,000

1 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap2 propriated pursuant to the authorization of appropriations 

3 in section 2304(a)(3), the Secretary of the Air Force may 

4 acquire real property and carry out military construction 

5 projects for the installation and location, and in the 

6 amount, set forth in the following table:

Air Force: Unspecified Worldwide 

Location Installation or location Amount 

Unspecified Worldwide ............ Classified Location ............................... $29,501,000

Total .............................................. $29,501,000

7 SEC. 2302. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2304(a)(6)(A), the Secretary of the 

11 Air Force may construct or acquire family housing units 

12 (including land acquisition and supporting facilities) at 

13 the installations, for the purposes, and in the amounts set 

14 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, Unites 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 $227,979,000. 
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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 $2,477,609,000, as follows: 

8 (1) For military construction projects inside the 

9 United States authorized by section 2301(a), 

10 $660,282,000. 

11 (2) For military construction projects outside the 

12 United States authorized by section 2301(b), 

13 $169,392,000. 

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, $115,421,000. 

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), $834,468,000. 

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 TITLE XXIV—DEFENSE 

13 AGENCIES 

14 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC15 TION AND LAND ACQUISITION PROJECTS. 

16 (a) INSIDE THE UNITED STATES.—Using amounts ap17 propriated pursuant to the authorization of appropriations 

18 in section 2405(a)(1), the Secretary of Defense may acquire 

19 real property and carry out military construction projects 

20 for the installations and locations inside the United States, 

21 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 ............. $27,700,000

Eglin Air Force Base, Florida ............ $4,800,000

Eielson Air Force Base, Alaska .......... $17,000,000

Hickam Air Force Base, Hawaii ........ $14,100,000

Hurlburt Field, Florida ....................... $4,100,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount 

Offutt Air Force Base, Nebraska ......... $13,400,000

Langley Air Force Base, Virginia ...... $13,000,000

Laughlin Air Force Base, Texas ......... $4,688,000

McChord Air Force Base, Washington $8,100,000

Naval Air Station, Kingsville, Texas $9,200,000

Nellis Air Force Base, Nevada ............ $12,800,000

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

MacDill, Air Force Base, Florida ....... $25,500,000

Naval Amphibious Base, Coronado, 

California ......................................... $2,800,000

TRICARE Management Activity .......................................... Fort Hood, Texas ................................. $9,400,000

Naval Station, Anacostia, District of 

Columbia ........................................... $15,714,000

Naval Submarine Base, New London, 

Connecticut ....................................... $6,700,000

United States Air Force Academy, 

Colorado ............................................ $22,100,000

Walter Reed Medical Center, District 

of Columbia ...................................... $9,000,000

Washington Headquarters 

Services ................................. Arlington, Virginia .............................. $38,086,000

Total .............................................. $345,770,000

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 Activity ..... Grafenwoehr, Germany ........................ $36,247,000

Heidelberg, Germany ........................... $3,086,000

Vilseck, Germany .................................. $1,773,000

Sigonella, Italy ..................................... $30,234,000

Vicenza, Italy ........................................ $16,374,000

Camp Humphreys, Korea .................... $31,683,000

Special Operations Command Stuttgart, Germany .............................. $11,400,000

TRICARE Management Activity .......................................... Anderson Air Force Base, Guam ........ $26,000,000
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Defense Agencies: Outside the United States—Continued

Agency Installation or location Amount 

Grafenwoehr, Germany ........................ $12,585,000

Total .............................................. $169,382,000

1 SEC. 2402. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2405(a)(8)(A), the Sec4 retary of Defense may carry out architectural and engineer5 ing services and construction design activities with respect 

6 to the construction or improvement of military family hous7 ing units in an amount not to exceed $300,000. 

8 SEC. 2403. 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 2405(a)(8)(A), the Sec13 retary of Defense may improve existing military family 

14 housing units in an amount not to exceed $50,000. 

15 SEC. 2404. ENERGY CONSERVATION PROJECTS. 

16 Using amounts appropriated pursuant to the author17 ization of appropriations in section 2405(a)(6), the Sec18 retary of Defense may carry out energy conservation 

19 projects under section 2865 of title 10, United States Code, 

20 in the amount of $69,500,000. 
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1 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

2 AGENCIES. 

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 Defense 

7 (other than the military departments) in the total amount 

8 of $1,223,066,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2401(a), 

11 $343,570,000. 

12 (2) For military construction projects outside the 

13 United States authorized by section 2401(b), 

14 $152,017,000. 

15 (3) For unspecified minor construction projects 

16 under section 2805 of title 10, United States Code, 

17 $16,153,000. 

18 (4) For contingency construction projects of the 

19 Secretary of Defense under section 2804 of title 10, 

20 United States Code, $8,960,000. 

21 (5) For architectural and engineering services 

22 and construction design under section 2807 of title 

23 10, United States Code, $66,834,000. 

24 (6) For energy conservation projects authorized 

25 by section 2404, $69,500,000. 
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1 (7) For base closure and realignment activities 

2 as authorized by the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of Public 

4 Law 101–510; 10 U.S.C. 2687 note), $370,427,000. 

5 (8) For military family housing functions: 

6 (A) For planning, design, and improvement 

7 of military family housing and facilities, 

8 $350,000. 

9 (B) For support of military family housing 

10 (including functions described in section 2833 of 

11 title 10, United States Code), $49,440,000. 

12 (C) For credit to the Department of Defense 

13 Family Housing Improvement Fund established 

14 by section 2883(a)(1) of title 10, United States 

15 Code, $300,000. 

16 (9) For construction of the Defense Threat Re17 duction Center at Fort Belvoir, Virginia, authorized 

18 by section 2401(a) of the Military Construction Au19 thorization Act for Fiscal Year 2003 (division B of 

20 Public Law 107–314; 116 Stat. 2695), $25,700,000. 

21 (10) For the construction of phase 5 of an am22 munition demilitarization facility at Pueblo Depot 

23 Activity, Colorado, authorized by section 2401(a) of 

24 the Military Construction Authorization Act for Fis25 cal Year 1997 (division B of Public Law 104–201; 
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1 110 Stat. 2775), as amended by section 2406 of the 

2 Military Construction Authorization Act for Fiscal 

3 Year 2000 (division B of Public Law 106–65; 113 

4 Stat. 839) and section 2407 of the Military Construc5 tion Authorization Act for Fiscal Year 2003 (division 

6 B of Public Law 107–314; 116 Stat. 2698), 

7 $88,388,000. 

8 (11) For the construction of phase 6 of an am9 munition demilitarization facility at Newport Army 

10 Ammunition Plant, Indiana, authorized by section 

11 2401(a) of the Military Construction Authorization 

12 Act for Fiscal Year 1999 (division B of Public Law 

13 105–261; 112 Stat. 2193), as amended by section 

14 2406 of the Military Construction Authorization Act 

15 for Fiscal Year 2003 (division B of Public Law 107–

16 314; 116 Stat. 2698), $15,207,000. 

17 (12) For the construction of phase 4 of an am18 munition demilitarization facility at Blue Grass 

19 Army Depot, Kentucky, authorized by section 2401(a) 

20 of the Military Construction Authorization Act for 

21 Fiscal Year 2000 (division B of Public Law 106–65; 

22 113 Stat. 835), as amended by section 2405 of the 

23 Military Construction Authorization Act for Fiscal 

24 Year 2002 (division B of Public Law 107–107; 115 

25 Stat. 1298) and section 2405 of the Military Con-
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1 struction Authorization Act for Fiscal Year 2003 (di2 vision B of Public Law 107–314; 116 Stat. 2698), 

3 $16,220,000. 

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 2401 of this Act 

9 may not exceed the total amount authorized to be appro10 priated under paragraphs (1) and (2) of subsection (a).

11 TITLE XXV—NORTH ATLANTIC 

12 TREATY ORGANIZATION SE13 CURITY INVESTMENT PRO14 GRAM

15 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

16 ACQUISITION PROJECTS. 

17 The Secretary of Defense may make contributions for 

18 the North Atlantic Treaty Organization Security Invest19 ment program as provided in section 2806 of title 10, 

20 United States Code, in an amount not to exceed the sum 

21 of the amount authorized to be appropriated for this pur22 pose in section 2502 and the amount collected from the 

23 North Atlantic Treaty Organization as a result of construc24 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, $253,788,000; and 

23 (B) for the Army Reserve, $89,840,000. 

24 (2) For the Department of the Navy, for the 

25 Naval and Marine Corps Reserve, $45,762,000. 

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, $123,408,000; and 

3 (B) for the Air Force Reserve, $61,143,000.

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 AUTHORIZATION OF CERTAIN 

12 FISCAL YEAR 2001 PROJECT. 

13 (a) EXTENSION OF CERTAIN PROJECT.—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 the authorization set forth in the table in subsection (b), 

18 as provided in section 2102 of that Act, shall remain in 

19 effect until October 1, 2004, or the date of the enactment 

20 of an Act authorizing funds for military construction for 

21 fiscal year 2005, whichever is later. 

22 (b) TABLE.—The table referred to in subsection (a) is 

23 as follows:
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Army: Extension of 2001 Project Authorization 

State Installation or location Project Amount 

South Carolina ............... Fort Jackson .................. New Construction—GFOQ $250,000

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 the authorizations set forth in the tables in subsection (b), 

7 as provided in section 2302 or 2601 of that Act and ex8 tended by section 2702 of the Military Construction Author9 ization Act for Fiscal Year 2003 (division B of Public Law 

10 107–314; 116 Stat. 2700), shall remain in effect until Octo11 ber 1, 2004, or the date of the enactment of an Act author12 izing funds for military construction for fiscal year 2005, 

13 whichever is later. 

14 (b) TABLES.—The tables referred to in subsection (a) 

15 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
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1 SEC. 2704. EFFECTIVE DATE. 

2 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of 

3 this Act shall take effect on the later of—

4 (1) October 1, 2003; or 

5 (2) the date of the enactment of this Act.

6 TITLE XXVIII—GENERAL 

7 PROVISIONS 

8 Subtitle A—Military Construction 

9 Program and Military Family 

10 Housing Changes

11 SEC. 2801. INCREASE IN MAXIMUM AMOUNT OF AUTHOR12 IZED ANNUAL EMERGENCY CONSTRUCTION. 

13 Section 2803(c)(1) of title 10, United States Code, is 

14 amended by striking ‘‘$30,000,000’’ and inserting 

15 ‘‘$45,000,000’’.

16 SEC. 2802. AUTHORITY TO LEASE MILITARY FAMILY HOUS17 ING UNITS IN ITALY. 

18 Section 2828(e)(2) of title 10, United States Code, is 

19 amended by striking ‘‘2,000 units‘‘ and inserting ‘‘2,800 

20 units’’.

21 SEC. 2803. CHANGES TO ALTERNATIVE AUTHORITY FOR AC22 QUISITION AND IMPROVEMENT OF MILITARY 

23 HOUSING. 

24 (a) SPACE LIMITATIONS BY PAY GRADE.—Section 

25 2880(b)(2) of title 10, United States Code, is amended by 
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1 striking ‘‘unless the unit is located on a military installa2 tion’’. 

3 (b) DEPARTMENT OF DEFENSE HOUSING FUND.—(1) 

4 Section 2883 of such title is amended by striking sub5 sections (a), (b), and (c) and inserting the following new 

6 subsections (a) and (b): 

7 ‘‘(a) ESTABLISHMENT.—There is hereby established on 

8 the books of the Treasury an account to be known as the 

9 Department of Defense Housing Improvement Fund (in this 

10 section referred to as the ‘Fund’). 

11 ‘‘(b) CREDITS TO FUND.—There shall be credited to the 

12 Fund the following: 

13 ‘‘(1) Amounts authorized for and appropriated 

14 to the Fund. 

15 ‘‘(2) Subject to subsection (e), any amounts that 

16 the Secretary of Defense transfers, in such amounts as 

17 are provided for in appropriation Acts, to the Fund 

18 from amounts authorized and appropriated to the De19 partment of Defense for the acquisition or construc20 tion of military family housing or military unaccom21 panied housing. 

22 ‘‘(3) Proceeds from the conveyance or lease of 

23 property or facilities under section 2878 of this title 

24 for the purpose of carrying out activities under this 
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1 subchapter with respect to military family housing or 

2 military unaccompanied housing. 

3 ‘‘(4) Income derived from any activities under 

4 this subchapter with respect to military family hous5 ing or military unaccompanied housing, income and 

6 gains realized from investments under section 2875 of 

7 this title, and any return of capital invested as part 

8 of such investments. 

9 ‘‘(5) Any amounts that the Secretary of the Navy 

10 transfers to the Fund pursuant to section 2814(i)(3) 

11 of this title, subject to the restrictions on the use of 

12 the transferred amounts specified in that section.’’. 

13 (2) Such section is further amended—

14 (A) by redesignating subsections (d) through (g) 

15 as (c) through (f), respectively; 

16 (B) in subsection (c), as so redesignated—

17 (i) in the subsection heading, by striking 

18 ‘‘FUNDS’’ and inserting ‘‘FUND’’; 

19 (ii) in paragraph (1)—

20 (I) by striking ‘‘subsection (e)’’ and in21 serting ‘‘subsection (d)’’; and 

22 (II) by striking ‘‘Department of De23 fense Family Housing Improvement Fund’’ 

24 and inserting ‘‘Fund’’; 

25 (iii) by striking paragraph (2); and 
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1 (iv) by redesignating paragraph (3) as 

2 paragraph (2); 

3 (C) in subsection (e), as so redesignated, by 

4 striking ‘‘a Fund under paragraph (1)(B) or (2)(B) 

5 of subsection (c)’’ and inserting ‘‘the Fund under sub6 section (b)(2)’’; and 

7 (D) in subsection (f), as so redesignated, by 

8 striking ‘‘$850,000,000’’ in paragraph (1) and insert9 ing ‘‘$900,000,000’’. 

10 (c) TRANSFER OF UNOBLIGATED AMOUNTS.—(1) The 

11 Secretary of Defense shall transfer to the Department of De12 fense Housing Improvement Fund established under section 

13 2883(a) of title 10, United States Code (as amended by sub14 section (b)), any amounts in the Department of Defense 

15 Family Housing Improvement Fund and the Department 

16 of Defense Military Unaccompanied Housing Improvement 

17 that remain available for obligation as of the date of the 

18 enactment of this Act. 

19 (2) Amounts transferred to the Department of Defense 

20 Housing Improvement Fund under paragraph (1) shall be 

21 merged with amounts in that Fund, and shall be available 

22 for the same purposes, and subject to the same conditions 

23 and limitations, as other amounts in that Fund. 

24 (d) CONFORMING AMENDMENTS.—(1) Paragraph (3) 

25 of section 2814(i) of such title is amended—
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1 (A) by striking subparagraph (A) and inserting 

2 the following new subparagraph (A): 

3 ‘‘(A) The Secretary may transfer funds from the Ford 

4 Island Improvement Account to the Department of Defense 

5 Housing Improvement Fund established by section 2883(a) 

6 of this title.’’; and 

7 (B) in subparagraph (B), by striking ‘‘a fund’’ 

8 and inserting ‘‘the Fund’’. 

9 (2) Section 2871(6) of such title is amended by striking 

10 ‘‘Department of Defense Family Housing Improvement 

11 Fund or the Department of Defense Military Unaccom12 panied Housing Improvement Fund’’ and inserting ‘‘De13 partment of Defense Housing Improvement Fund’’. 

14 (3) Section 2875(e) of such title is amended by striking 

15 ‘‘Department of Defense Family Housing Improvement 

16 Fund or the Department of Defense Military Unaccom17 panied Housing Improvement Fund’’ and inserting ‘‘De18 partment of Defense Housing Improvement Fund’’. 

19 (e) CLERICAL AMENDMENTS.—(1) The section heading 

20 for section 2883 of such title is amended to read as follows: 

21 ‘‘§ 2883. Department of Defense Housing Improvement 

22 Fund’’. 

23 (2) The table of sections at the beginning subchapter 

24 IV of chapter 169 of such title is amended by striking the 
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1 item relating to section 2883 and inserting the following 

2 new item:

‘‘2883. Department of Defense Housing Improvement Fund.’’.

3 SEC. 2804. ADDITIONAL MATERIAL FOR ANNUAL REPORT 

4 ON HOUSING PRIVATIZATION PROGRAM. 

5 Section 2884(b) of title 10, United States Code, is 

6 amended—

7 (1) in paragraph (2), by inserting before the pe8 riod at the end the following: ‘‘, and such rec9 ommendations as the Secretary considers necessary 

10 for improving the extent and effectiveness of the use 

11 of such authorities in the future’’; and 

12 (2) by striking paragraph (3) and inserting the 

13 following new paragraphs: 

14 ‘‘(3) A review of activities of the Secretary under 

15 this subchapter during such preceding fiscal year, 

16 shown for military family housing, military unac17 companied housing, dual military family housing 

18 and military unaccompanied housing, and ancillary 

19 supporting facilities. 

20 ‘‘(4) If a contract for the acquisition or construc21 tion of military family housing, military unaccom22 panied housing, or dual military family housing and 

23 military unaccompanied housing entered into during 

24 the preceding fiscal year did not include the acquisi25 tion or construction of the types of ancillary sup-
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1 porting facilities specifically referred to in section 

2 2871(1) of this title, a explanation of the reasons why 

3 such ancillary supporting facilities were not included. 

4 ‘‘(5) A description of the Secretary’s plans for 

5 housing privatization activities under this subchapter 

6 (A) during the fiscal year for which the budget is sub7 mitted, and (B) during the period covered by the 

8 then-current future-years defense plan under section 

9 221 of this title.’’.

10 SEC. 2805. AUTHORITY TO CONVEY PROPERTY AT MILITARY 

11 INSTALLATIONS CLOSED OR TO BE CLOSED 

12 IN EXCHANGE FOR MILITARY CONSTRUCTION 

13 ACTIVITIES. 

14 (a) IN GENERAL.—(1) Subchapter III of chapter 169 

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

16 the end the following new section: 

17 ‘‘§ 2869. Conveyance of property at military installa18 tions closed or to be closed in exchange 

19 for military construction activities 

20 ‘‘(a) CONVEYANCE AUTHORIZED; CONSIDERATION.—

21 The Secretary of Defense may enter into an agreement to 

22 convey real property, including any improvements thereon, 

23 located on a military installation that is closed or realigned 

24 under a base closure law to any person who agrees, in ex25 change for the real property—
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1 ‘‘(1) to carry out, or provide services in connec2 tion with, an authorized military construction 

3 project; or 

4 ‘‘(2) to transfer to the Secretary of Defense hous5 ing that is constructed or provided by the person and 

6 located at or near a military installation at which 

7 there is a shortage of suitable military family housing 

8 or military unaccompanied housing (or both). 

9 ‘‘(b) CONDITIONS ON CONVEYANCE AUTHORITY.—A 

10 conveyance of real property may be made under subsection 

11 (a) only if—

12 ‘‘(1) the fair market value of the consideration to 

13 be received in exchange for the real property conveyed 

14 under subsection (a) is equal to or greater than the 

15 fair market value of the property, including any im16 provements thereon, as determined by the Secretary 

17 concerned; and 

18 ‘‘(2) in the event the fair market value of the 

19 consideration to be received is equal to at least 90 

20 percent, but less than 100 percent, of the fair market 

21 value of the real property to be conveyed, including 

22 any improvements thereon, the recipient of the prop23 erty agrees to pay to the Secretary of Defense an 

24 amount equal to the difference in the fair market val25 ues. 
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1 ‘‘(c) USE OF AUTHORITY.—(1) To the maximum ex2 tent practicable, the Secretary of Defense shall use the au3 thority provided by subsection (a) to convey at least 20 per4 cent of the total acreage conveyed each fiscal year at mili5 tary installations closed or realigned under the base closure 

6 laws. Notice of the proposed use of this authority shall be 

7 provided in such manner as the Secretary may prescribe, 

8 including publication in the Federal Register and other9 wise. In determining such total acreage for a fiscal year, 

10 the Secretary shall exclude real property identified in a re11 development plan as property essential to the reuse or 

12 redevlopment of a military installation closed or to be closed 

13 under a base closure law. 

14 ‘‘(2) To the maximum extent practicable, the Secretary 

15 of Defense shall endeavor to use the authority provided by 

16 subsection (a) to obtain military construction and military 

17 housing services having a total value of at least 

18 $200,000,000 each fiscal year for each of the military de19 partments. 

20 ‘‘(3) The Secretary concerned shall utilize the author21 ity provided in subsection (a) in lieu of obligating and ex22 pending funds appropriated for military construction and 

23 military housing projects that are authorized by law. 

24 ‘‘(d) DEPOSIT OF FUNDS.—The Secretary of Defense 

25 may deposit funds received under subsection (b)(2) in the 
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1 Department of Defense Housing Improvement Fund estab2 lished under section 2883(a) of this title. 

3 ‘‘(e) ANNUAL REPORT.—The Secretary of Defense shall 

4 include each year in the materials that the Secretary sub5 mits to Congress in support of the budget submitted by the 

6 President pursuant to section 1105 of title 31 a report de7 tailing the extent to which the Secretary used the authority 

8 provided by subsection (a) to convey real property in ex9 change for military construction and military housing and 

10 plans for the use of such authority for the future. The report 

11 shall include the following: 

12 ‘‘(1) The total value of the real property that was 

13 actually conveyed during the preceding fiscal year 

14 using the authority provided by subsection (a). 

15 ‘‘(2) The total value of the military construction 

16 and military housing services obtained in exchange, 

17 and, if the dollar goal specified in subsection (c)(2) 

18 was not achieved for a military department, an ex19 planation regarding the reasons why the goal was not 

20 achieved. 

21 ‘‘(3) The current inventory of unconveyed lands 

22 at military installations closed or realigned under a 

23 base closure law. 

24 ‘‘(4) A description of the results of conveyances 

25 under subsection (a) during the preceding fiscal year 
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1 and plans for such conveyances for the current fiscal 

2 year, the fiscal year covered by the budget, and the 

3 period covered by the current future-years defense pro4 gram under section 221 of this title. 

5 ‘‘(f) DESCRIPTION OF PROPERTY.—The exact acreage 

6 and legal description of real property conveyed under sub7 section (a) shall be determined by surveys satisfactory to 

8 the Secretary of Defense. 

9 ‘‘(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary of Defense may require such additional terms and 

11 conditions in connection with a conveyance under sub12 section (a) as the Secretary considers appropriate to protect 

13 the interests of the United States.’’. 

14 (2) The table of sections at the beginning of such sub15 chapter is amended by adding at the end the following new 

16 item:

‘‘2869. Conveyance of property at military installations closed or to be closed in 

exchange for military construction activities.’’.

17 (b) EXCEPTION TO REQUIREMENT FOR AUTHORIZA18 TION OF NUMBER OF HOUSING UNITS.—Section 2822 of 

19 such title is amended by adding at the end the following 

20 new paragraph: 

21 ‘‘(6) Housing units constructed or provided 

22 under section 2869 of this title.’’. 

23 (c) CONFORMING AMENDMENT TO DEPARTMENT OF

24 DEFENSE HOUSING IMPROVEMENT FUND.—Section 
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1 2883(b) of such title, as amended by section 2803, is further 

2 amended by adding at the end the following new paragraph: 

3 ‘‘(6) Any amounts that the Secretary concerned 

4 transfers to the Fund pursuant to section 2869 of this 

5 title.’’. 

6 (d) CONFORMING REPEALS TO BASE CLOSURE

7 LAWS.—(1) Section 204(e) of the Defense Authorization 

8 Amendments and Base Closure and Realignment Act (Pub9 lic Law 100–526; 10 U.S.C. 2687 note) is repealed. 

10 (2) Section 2905(f) of the Defense Base Closure and 

11 Realignment Act of 1990 (part A of title XXIX of Public 

12 Law 101–510; 10 U.S.C. 2687 note) is repealed.

13 SEC. 2806. CONGRESSIONAL NOTIFICATION AND REPORT14 ING REQUIREMENTS AND LIMITATIONS RE15 GARDING USE OF OPERATION AND MAINTE16 NANCE FUNDS FOR CONSTRUCTION. 

17 (a) IN GENERAL.—Subchapter I of chapter 169 of title 

18 10, United States Code, is amended by inserting after sec19 tion 2809 the following new section: 

20 ‘‘§ 2810. Use of operation and maintenance funds for 

21 construction: notification and reporting 

22 requirements and limitations 

23 ‘‘(a) ADVANCE NOTIFICATION OF OBLIGATION OF

24 FUNDS.—(1) The Secretary concerned shall submit to the 

25 appropriate committees of Congress advance written notice 
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1 before appropriations available for operation and mainte2 nance are obligated for construction described in paragraph 

3 (2). The notice shall be submitted not later than 14 days 

4 before the date on which appropriations available for oper5 ation and maintenance are first obligated for that construc6 tion and shall contain the information required by sub7 section (c). 

8 ‘‘(2) Paragraph (1) applies with respect to any con9 struction having an estimated total cost of more than 

10 $1,500,000, but not more than $5,000,000, which is paid 

11 for in whole or in part using appropriations available for 

12 operation and maintenance, if—

13 ‘‘(A) the construction is necessary to meet urgent 

14 military operational requirements of a temporary na15 ture; 

16 ‘‘(B) the construction was not carried out at a 

17 military installation where the United States is rea18 sonably expected to have a long-term interest or pres19 ence; 

20 ‘‘(C) the United States has no intention of using 

21 the construction after the operational requirement has 

22 been satisfied; and 

23 ‘‘(D) the level of construction is the minimum 

24 necessary to meet the temporary operational need. 
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1 ‘‘(b) WAIVER AUTHORITY; CONGRESSIONAL NOTIFICA2 TION.—(1) The Secretary concerned may waive the advance 

3 notice requirement under subsection (a) on a case-by-case 

4 basis if the Secretary determines that—

5 ‘‘(A) the project is vital to the national security 

6 or to the protection of health, safety, or the quality of 

7 the environment; and 

8 ‘‘(B) the requirement for the construction is so 

9 urgent that deferral of the construction during the pe10 riod specified in subsection (a)(1) would be incon11 sistent with national security or the protection of 

12 health, safety, or environmental quality, as the case 

13 may be. 

14 ‘‘(2) Not later than five days after the date on which 

15 a waiver is granted under paragraph (1), the Secretary 

16 concerned shall provide to the appropriate committees of 

17 Congress written notice containing the reasons for the waiv18 er and the information required by subsection (c) with re19 gard to the construction for which the waiver was granted. 

20 ‘‘(c) CONTENT OF NOTICE.—The notice provided under 

21 subsection (a) or (b) with regard to construction funded 

22 using appropriations available for operation and mainte23 nance shall include the following: 

24 ‘‘(1) A description of the purpose for which the 

25 funds are being obligated. 
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1 ‘‘(2) An estimate of the total amount to be obli2 gated for the construction. 

3 ‘‘(3) The reasons appropriations available for 

4 operation and maintenance are being used. 

5 ‘‘(d) LIMITATIONS ON USE OF OPERATION AND MAIN6 TENANCE FUNDS.—(1) The Secretary concerned shall not 

7 use appropriations available for operation and mainte8 nance to carry out any construction having an estimated 

9 total cost of more than $5,000,000. 

10 ‘‘(2) The total cost of construction carried out by the 

11 Secretaries concerned in whole or in part using appropria12 tions available for operation and maintenance shall not ex13 ceed $200,000,000 in any fiscal year. 

14 ‘‘(e) QUARTERLY REPORT.—The Secretary concerned 

15 shall submit to the appropriate committees of Congress a 

16 quarterly report on the worldwide obligation and expendi17 ture of appropriations available for operation and mainte18 nance by the Secretary concerned for construction during 

19 the preceding quarter.’’. 

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

21 the beginning of such subchapter is amended by inserting 

22 after the item relating to section 2809 the following new 

23 item:

‘‘2810. Use of operation and maintenance funds for construction: notification and 

reporting requirements and limitations.’’.
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1 SEC. 2807. INCREASE IN AUTHORIZED MAXIMUM LEASE 

2 TERM FOR FAMILY HOUSING AND OTHER FA3 CILITIES IN CERTAIN FOREIGN COUNTRIES. 

4 (a) LEASE OF MILITARY FAMILY HOUSING.—Section 

5 2828(d)(1) of title 10, United States Code, is amended by 

6 striking ‘‘ten years,’’ and inserting ‘‘10 years, or 15 years 

7 in the case of leases in Korea,’’. 

8 (b) LEASES OF OTHER FACILITIES.—Section 2675 of 

9 such title is amended by inserting after ‘‘five years,’’ the 

10 following: ‘‘or 15 years in the case of a lease in Korea,’’.

11 Subtitle B—Real Property and 

12 Facilities Administration

13 SEC. 2811. REAL PROPERTY TRANSACTIONS. 

14 (a) INCREASE IN LAND ACQUISITION AUTHORITY COST

15 THRESHOLD.—Section 2672 of title 10, United States Code, 

16 is amended by striking ‘‘$500,000’’ both places it appears 

17 and inserting ‘‘$1,500,000’’. 

18 (b) PROMPT NOTIFICATION OF CERTAIN LAND ACQUI19 SITIONS.—Section 2672a of such title is amended—

20 (1) in subsection (a)(1), by striking ‘‘he or his 

21 designee’’ and inserting ‘‘the Secretary’’; 

22 (2) in subsection (b), by striking the last sen23 tence; and 

24 (3) by adding at the end the following new sub25 section: 
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1 ‘‘(c) Not later than 10 days after the determination 

2 is made under subsection (a)(1) that acquisition of an in3 terest in land is needed in the interest of the national de4 fense, the Secretary of the military department making that 

5 determination shall provide to the Committee on Armed 

6 Services of the Senate and the Committee on Armed Serv7 ices of the House of Representatives written notice con8 taining a description of the property and interest to be ac9 quired and the reasons for the acquisition.’’. 

10 (c) MODIFICATION OF RELATED NOTIFICATION RE11 QUIREMENTS.—Section 2662 of such title is amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘30 days’’ and all that fol14 lows through ‘‘is submitted’’ and inserting ‘‘14 

15 days after the beginning of the month with re16 spect to which a single report containing the 

17 facts concerning such transaction and all other 

18 such proposed transactions for that month is 

19 submitted, not later than the first day of that 

20 month,’’; and 

21 (B) by striking ‘‘$500,000’’ each place it 

22 appears and inserting ‘‘$1,500,000’’; 

23 (2) in subsection (b), by striking ‘‘more than’’ 

24 and all that follows through ‘‘$500,000’’ and inserting 

25 ‘‘more than $250,000 but not more than $1,500,000’’; 
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1 (3) in subsection (e)—

2 (A) by striking ‘‘$500,000’’ and insert3 ing ‘‘$1,000,000’’; and 

4 (B) by striking ‘‘thirty days’’ and in5 serting ‘‘14 days’’; and 

6 (4) in subsection (g)(3), by striking ‘‘30 

7 days’’ and inserting ‘‘14 days’’. 

8 (d) CLERICAL AMENDMENTS.—(1) The heading of sec9 tion 2672 of such title is amended to read as follows: 

10 ‘‘§ 2672. Authority to acquire low-cost interests in 

11 land’’. 

12 (2) The item relating to section 2672 in the table of 

13 sections at the beginning of chapter 159 of such title is 

14 amended to read as follows:

‘‘2672. Authority to acquire low-cost interests in land.’’.

15 Subtitle C—Land Conveyances

16 SEC. 2821. TERMINATION OF LEASE AND CONVEYANCE OF 

17 ARMY RESERVE FACILITY, CONWAY, ARKAN18 SAS. 

19 (a) TERMINATION OF LEASE.—Upon the completion of 

20 the replacement facility authorized for the Army Reserve 

21 facility located in Conway, Arkansas, the Secretary of the 

22 Army may terminate the 99-year lease between the Sec23 retary and the University of Central Arkansas for the prop24 erty on which the old facility is located. 
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1 (b) CONVEYANCE OF FACILITY.—As part of the termi2 nation of the lease under subsection (a), the Secretary may 

3 convey, without consideration, to the University of Central 

4 Arkansas all right, title, and interest of the United States 

5 in and to the Army Reserve facility located on the leased 

6 property. 

7 (c) ASSUMPTION OF LIABILITY.—The University of 

8 Central Arkansas shall expressly accept any and all liabil9 ity pertaining to the physical condition of the Army Re10 serve facility conveyed under subsection (b) and shall hold 

11 the United States harmless from any and all liability aris12 ing from the facility’s physical condition. 

13 SEC. 2822. ACTIONS TO QUIET TITLE, FALLIN WATERS SUB14 DIVISION, EGLIN AIR FORCE BASE, FLORIDA. 

15 (a) AUTHORITY TO QUIET TITLE.—Notwithstanding 

16 the restoration provisions under the heading ‘‘QUARTER17 MASTER CORPS’’ in the Second Deficiency Appropriation 

18 Act, 1940 (Act of June 27, 1940; chapter 437; 54 Stat. 655), 

19 the Secretary of the Air Force may take appropriate action 

20 to quiet title to tracts of land referred to in paragraph (2) 

21 on, at, adjacent, adjoining, or near Eglin Air Force Base, 

22 Florida. The Secretary may take such action in order to 

23 resolve encroachments upon private property by the United 

24 States and upon property of the United States by private 

25 parties, which resulted from reliance on inaccurate surveys. 
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1 (2) The tracts of land referred to in paragraph (1) are 

2 generally described as south of United States Highway 98 

3 and bisecting the north/south section line of sections 13 and 

4 14, township 2 south, range 25 west, located in the platted 

5 subdivision of Fallin Waters, Okaloosa County, Florida. 

6 The exact acreage and legal description of such tracts of 

7 land shall be determined by a survey satisfactory to the Sec8 retary. 

9 (b) AUTHORIZED ACTIONS.—In carrying out sub10 section (a), appropriate action by the Secretary may in11 clude any of the following: 

12 (1) Disclaiming, on behalf of the United States, 

13 any intent by the United States to acquire by pre14 scription any property at or in the vicinity of Eglin 

15 Air Force Base. 

16 (2) Disposing of tracts of land owned by the 

17 United States. 

18 (3) Acquiring tracts of land by purchase, by do19 nation, or by exchange for tracts of land owned by the 

20 United States at or adjacent to Eglin Air Force Base. 

21 (c) ACREAGE LIMITATIONS.—Individual tracts of land 

22 acquired or conveyed by the Secretary under paragraph (2) 

23 or (3) of subsection (a) may not exceed .10 acres. The total 

24 acreage so acquired may not exceed two acres. 
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1 (d) CONSIDERATION.—Any conveyance by the Sec2 retary under this section may be made, at the discretion 

3 of the Secretary, without consideration, or by exchange for 

4 tracts of land adjoining Eglin Air Force Base in possession 

5 of private parties who mistakenly believed that they had 

6 acquired title to such tracts. 

7 SEC. 2823. MODIFICATION OF LAND CONVEYANCE, EGLIN 

8 AIR FORCE BASE, FLORIDA. 

9 (a) MODIFICATION.—Public Law 91-347 (84 Stat. 

10 447) is amended—

11 (1) in the first section, by inserting ‘‘or for other 

12 public purposes’’ before the period at the end; and 

13 (2) in section 3(1)—

14 (A) by inserting ‘‘or for other public pur15 poses’’ after ‘‘schools’’; and 

16 (B) by striking ‘‘such purpose’’ and insert17 ing ‘‘such a purpose’’. 

18 (b) ALTERATION OF LEGAL INSTRUMENT.—The Sec19 retary of the Air Force shall execute and file in the appro20 priate office an amended deed or other appropriate instru21 ment effectuating the modification of the reversionary inter22 est retained by the United States in connection with the 

23 conveyance made pursuant to Public Law 91-347.
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1 SEC. 2824. LAND CONVEYANCE, FORT CAMPBELL, KEN2 TUCKY AND TENNESSEE. 

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

4 Army may convey to the department of transportation of 

5 the State of Tennessee (in this section referred to as the ‘‘de6 partment’’) all right, title, and interest of the United States 

7 in and to a parcel of real property (right-of-way), including 

8 any improvements thereon, located at Fort Campbell, Ken9 tucky and Tennessee, for the purpose of realigning and up10 grading United States Highway 79 from a two-lane high11 way to a four-lane highway. 

12 (b) CONSIDERATION.—(1) As consideration for the con13 veyance under subsection (a), the department shall pay 

14 from any source (including Federal funds made available 

15 to the State from the Highway Trust Fund) all of the costs 

16 of the Secretary incurred—

17 (A) to convey the property, including costs re18 lated to the preparation of documents under the Na19 tional Environmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.), surveys (including all surveys required 

21 under subsection (c)), cultural reviews, and adminis22 trative oversight; 

23 (B) to relocate a cemetery to permit the highway 

24 realignment and upgrading; 
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1 (C) to acquire approximately 200 acres of mis2 sion-essential replacement property required to sup3 port the training mission at Fort Campbell; and 

4 (D) to dispose of residual Federal property lo5 cated south of the realigned highway. 

6 (2) The Secretary may accept funds under this sub7 section from the Federal Highway Administration or the 

8 State of Tennessee to pay costs described in paragraph (1) 

9 and credit them to the appropriate Department of the Army 

10 accounts for the purpose of paying such costs. 

11 (3) All funds accepted by the Secretary under this sub12 section shall remain available until expended. 

13 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

14 and legal description of the property to be conveyed under 

15 subsection (a) or acquired and disposed of under section (b) 

16 shall be determined by surveys satisfactory to the Secretary. 

17 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec18 retary may require such additional terms and conditions 

19 in connection with the conveyance under subsection (a) as 

20 the Secretary considers appropriate to protect the interests 

21 of the United States.

22 SEC. 2825. LAND CONVEYANCE, ARMY AND AIR FORCE EX23 CHANGE SERVICE PROPERTY, DALLAS, TEXAS. 

24 (a) CONVEYANCE AUTHORIZED.—The Secretary of De25 fense may authorize the Army and Air Force Exchange 
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1 Service, a nonappropriated fund instrumentality of the 

2 United States, to convey, by sale, all right, title, and inter3 est of the United States in and to a parcel of real property, 

4 including any improvements thereon, located at 1515 

5 Roundtable Drive in Dallas, Texas. 

6 (b) CONSIDERATION.—As consideration for conveyance 

7 under subsection (a), the purchaser shall pay to the Sec8 retary, in a single lump sum payment, an amount equal 

9 to the fair market value of the real property conveyed, as 

10 determined by the Secretary. Section 574(a) of title 40, 

11 United States Code, shall apply with respect to the amounts 

12 received by the Secretary under this subsection. 

13 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

14 and legal description of the real property to be conveyed 

15 under subsection (a) shall be determined by a survey satis16 factory to the Secretary. The cost of the survey shall be borne 

17 by the purchaser. 

18 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions 

20 in connection with the conveyance under subsection (a) as 

21 the Secretary considers appropriate to protect the interests 

22 of the United States. 
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1 SEC. 2826. LAND CONVEYANCE, NAVAL RESERVE CENTER, 

2 ORANGE, TEXAS. 

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

4 Navy may convey to the City of Orange, Texas (in this sec5 tion referred to as the ‘‘City’’), all right, title, and interest 

6 of the United States in and to a parcel of unimproved real 

7 property consisting of approximately 2.5 acres at Naval Re8 serve Center, Orange, Texas for the purpose of permitting 

9 the City to use the property for road construction, economic 

10 development, and other public purposes. 

11 (b) CONSIDERATION.—As consideration for the convey12 ance under subsection (a), the City shall provide the United 

13 States, whether by cash payment, in-kind contribution, or 

14 a combination thereof, an amount that is not less than the 

15 fair market value, as determined by the Secretary, of the 

16 property conveyed under such subsection. 

17 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 

18 Secretary may require the City to cover costs to be incurred 

19 by the Secretary, or to reimburse the Secretary for costs 

20 incurred by the Secretary, to carry out the conveyance 

21 under subsection (a), including survey costs, costs related 

22 to environmental documentation, and other administrative 

23 costs related to the conveyance. If amounts are collected 

24 from the City in advance of the Secretary incurring the 

25 actual costs, and the amount collected exceeds the costs actu-
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1 ally incurred by the Secretary to carry out the conveyance, 

2 the Secretary shall refund the excess amount to the City. 

3 (2) Amounts received as reimbursement under para4 graph (1) shall be credited to the fund or account that was 

5 used to cover the costs incurred by the Secretary in carrying 

6 out the conveyance. Amounts so credited shall be merged 

7 with amounts in such fund or account, and shall be avail8 able for the same purposes, and subject to the same condi9 tions and limitations, as amounts in such fund or account. 

10 (d) EXEMPTION FROM FEDERAL SCREENING.—The 

11 conveyance authorized by subsection (a) is exempt from the 

12 requirement to screen the property for other Federal use 

13 pursuant to sections 2693 and 2696 of title 10, United 

14 States Code. 

15 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

16 and legal description of the real property to be conveyed 

17 under subsection (a) shall be determined by a survey satis18 factory to the Secretary. 

19 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions 

21 in connection with the conveyance under subsection (a) as 

22 the Secretary considers appropriate to protect the interests 

23 of the United States. 
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1 Subtitle D—Other Matters

2 SEC. 2841. REDESIGNATION OF YUMA TRAINING RANGE 

3 COMPLEX AS BOB STUMP TRAINING RANGE 

4 COMPLEX. 

5 The military aviation training facility located in 

6 southwestern Arizona and southeastern California and 

7 known as the Yuma Training Range Complex shall be 

8 known and designated as the ‘‘Bob Stump Training Range 

9 Complex’’. Any reference to such training range complex 

10 in any law, regulation, map, document, record, or other 

11 paper of the United States shall be considered to be a ref12 erence to the Bob Stump Training Range Complex.

13 SEC. 2842. MODIFICATION OF AUTHORITY TO CONDUCT A 

14 ROUND OF REALIGNMENTS AND CLOSURES 

15 OF MILITARY INSTALLATIONS IN 2005. 

16 (a) REVISION TO FORCE STRUCTURE PLAN FOR 2005 

17 ROUND.—Section 2912(a) of the Defense Base Closure and 

18 Realignment Act of 1990 (part A of title XXIX of Public 

19 Law 101–510; 10 U.S.C. 2687 note), as added by section 

20 3001 of the National Defense Authorization Act for Fiscal 

21 Year 2002 (Public Law 107–107; 115 Stat. 1342), is 

22 amended—

23 (1) by striking subparagraph (A) of paragraph 

24 (1) and inserting the following: 
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1 ‘‘(A) A force-structure plan for the Armed 

2 Forces that—

3 ‘‘(i) at a minimum, assumes the force 

4 structure under the 1991 Base Force force 

5 structure (as defined in paragraph (5)) that 

6 is also known as the ‘Cheney-Powell force 

7 structure’; and 

8 ‘‘(ii) includes such consideration as the 

9 Secretary considers appropriate of an as10 sessment by the Secretary of—

11 ‘‘(I) the probable threats to the 

12 national security during the 20-year 

13 period beginning with fiscal year 2005; 

14 ‘‘(II) the probable end-strength 

15 levels and major military force units 

16 (including land force divisions, carrier 

17 and other major combatant vessels, air 

18 wings, and other comparable units) 

19 needed to meet those threats; and 

20 ‘‘(III) the anticipated levels of 

21 funding that will be available for na22 tional defense purposes during such pe23 riod.’’; 

24 (2) in paragraph (2)(A), by inserting before the 

25 period at the end the following: ‘‘, based upon an as-
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1 sumption that there are no installations available 

2 outside the United States for the permanent basing of 

3 elements of the Armed Forces’’; 

4 (3) in paragraph (4), by inserting after the first 

5 sentence the following new sentence: ‘‘Any such revi6 sion shall be consistent with this subsection.’’; and 

7 (4) by adding at the end the following new para8 graph: 

9 ‘‘(5) BASE FORCE.—In this subsection, the term 

10 ‘1991 Base Force force structure’ means the force 

11 structure plan for the Armed Forces, known as the 

12 ‘Base Force’, that was adopted by the Secretary of 

13 Defense in November 1990 based upon recommenda14 tions of the Chairman of the Joint Chiefs of Staff and 

15 as incorporated in the President’s budget for fiscal 

16 year 1992, as submitted to Congress in February 

17 1991 and that assumed the following force structure: 

18 ‘‘(A) For the Department of Defense, 

19 1,600,000 members of the Armed Forces on active 

20 duty and 900,000 members in an active status 

21 in the reserve components. 

22 ‘‘(B) For the Army, 12 active divisions, six 

23 National Guard divisions, and two cadre divi24 sions or their equivalents. 
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1 ‘‘(C) For the Navy, 12 aircraft carrier bat2 tle groups or their equivalents and 451 naval 

3 vessels, including 85 attack submarines. 

4 ‘‘(D) For the Marine Corps, three active 

5 and one Reserve divisions and three active and 

6 one Reserve air wings. 

7 ‘‘(E) For the Air Force, 15 active fighter 

8 wings and 11 National Guard fighter wings or 

9 their equivalents.’’.

10 (b) PREPARATION OF LIST OF MILITARY INSTALLA11 TIONS EXCLUDED FROM CONSIDERATION IN 2005 

12 ROUND.—Section 2913 of the Defense Base Closure and Re13 alignment Act of 1990 (part A of title XXIX of Public Law 

14 101–510; 10 U.S.C. 2687 note), as added by section 3002 

15 of the National Defense Authorization Act for Fiscal Year 

16 2002 (Public Law 107–107; 115 Stat. 1344), is amended 

17 by adding at the end the following new subsections: 

18 ‘‘(g) BASE EXCLUSION CRITERIA.—In preparing the 

19 selection criteria required by this section that will be used 

20 in making recommendations for the closure or realignment 

21 of military installations inside the United States, the Sec22 retary shall ensure that the final criteria reflect the require23 ment to develop a list of those military installations to be 

24 excluded from the base closure and realignment process, as 

25 provided in subsection (h). 
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1 ‘‘(h) LIST OF INSTALLATIONS EXCLUDED FROM CON2 SIDERATION FOR CLOSURE OR REALIGNMENT.—(1) Before 

3 preparing the list required by section 2914(a) of the mili4 tary installations inside the United States that the Sec5 retary recommends for closure or realignment, the Secretary 

6 shall prepare a list of core military installations that the 

7 Secretary considers absolutely essential to the national de8 fense and that should not be considered for closure. 

9 ‘‘(2) Not later than April 1, 2005, the Secretary shall 

10 submit to the congressional defense committees, publish in 

11 the Federal Register, and send to the Commission the list 

12 required by paragraph (1). The list shall contain at least 

13 50 percent of the total number of military installations lo14 cated inside the United States as of the date of the enact15 ment of the National Defense Authorization Act for Fiscal 

16 Year 2004. 

17 ‘‘(3) The Commission shall consider the list based on 

18 the final criteria developed under subsection (e). The Com19 mission may modify this list, in the manner provided in 

20 section 2903(d) and section 2914(d), if the Commission 

21 finds that the inclusion of a military installation on the 

22 list substantially violates the criteria. The Commission shall 

23 forward to the President, not later than April 30, 2005, 

24 a report containing its recommendations regarding the list, 

25 which must comply with the percentages specified in para-
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1 graph (2). The Comptroller General shall also comply with 

2 section 2903(d)(5) by that date. 

3 ‘‘(4) If the Commission submits a report to the Presi4 dent under paragraph (3), the President shall notify Con5 gress, not later than May 10, 2005, regarding whether the 

6 President approves or disapproves the report. If the Presi7 dent disapproves the report, the Commission shall be dis8 solved, and the process by which military installations may 

9 be selected for closure or realignment under this part in 

10 2005 shall be terminated. 

11 ‘‘(5) A military installation included on the exclusion 

12 list approved under this subsection may not be included on 

13 the closure and realignment list prepared under section 

14 2914(a) or otherwise considered for closure or realignment 

15 as part of the base closure process in 2005.’’.

16 SEC. 2843. USE OF FORCE-STRUCTURE PLAN FOR THE 

17 ARMED FORCES IN PREPARATION OF SELEC18 TION CRITERIA FOR BASE CLOSURE ROUND. 

19 Section 2913(a) of the Defense Base Closure and Re20 alignment Act of 1990 (part A of title XXIX of Public Law 

21 101–510; 10 U.S.C. 2687 note), as added by section 3002 

22 of the National Defense Authorization Act for Fiscal Year 

23 2002 (Public Law 107–107; 115 Stat. 1344), is amended 

24 by adding at the end the following new paragraph: 
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1 ‘‘(3) USE OF FORCE-STRUCTURE PLAN.—In pre2 paring the proposed and final criteria to be used by 

3 the Secretary in making recommendations under sec4 tion 2914 for the closure or realignment of military 

5 installations inside the United States, the Secretary 

6 shall use the force-structure plan for the Armed Forces 

7 prepared under section 2912(a).’’

8 SEC. 2844. REQUIREMENT FOR UNANIMOUS VOTE OF DE9 FENSE BASE CLOSURE AND REALIGNMENT 

10 COMMISSION TO RECOMMEND CLOSURE OF 

11 MILITARY INSTALLATION NOT REC12 OMMENDED FOR CLOSURE BY SECRETARY OF 

13 DEFENSE. 

14 Section 2914(d) of the Defense Base Closure and Re15 alignment Act of 1990 (part A of title XXIX of Public Law 

16 101–510; 10 U.S.C. 2687 note), as added by section 3003 

17 of the Military Construction Authorization Act for Fiscal 

18 Year 2002 (division B of Public Law 107–107; 155 Stat, 

19 1346) and amended by section 2854 of the Bob Stump Na20 tional Defense Authorization Act for Fiscal Year 2003 (Pub21 lic Law 107–314; 116 Stat. 2728), is amended—

22 (1) in paragraph (3), by striking ‘‘TO ADD’’ and 

23 inserting ‘‘TO CONSIDER ADDITIONS’’; and 

24 (2) in paragraph (5)—
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1 (A) by inserting ‘‘AND UNANIMOUS VOTE’’ 

2 after ‘‘SITE VISIT’’; and 

3 (B) by inserting before the period at the end 

4 the following: ‘‘and the decision of the Commis5 sion to recommend the closure of the installation 

6 is unanimous’’.

7 DIVISION C—DEPARTMENT OF 

8 ENERGY NATIONAL SECURITY 

9 AUTHORIZATIONS AND 

10 OTHER AUTHORIZATIONS 

11 TITLE XXXI—DEPARTMENT OF 

12 ENERGY NATIONAL SECURITY 

13 PROGRAMS

14 Subtitle A—National Security 

15 Programs Authorizations

16 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA17 TION. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

19 hereby authorized to be appropriated to the Department of 

20 Energy for fiscal year 2004 for the activities of the National 

21 Nuclear Security Administration in carrying out programs 

22 necessary for national security in the amount of 

23 $8,822,075,000, to be allocated as follows: 

24 (1) For weapons activities, $6,393,000,000. 
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1 (2) For defense nuclear nonproliferation activi2 ties, $1,312,695,000. 

3 (3) For naval reactors, $768,400,000. 

4 (4) For the Office of the Administrator for Nu5 clear Security, $347,980,000. 

6 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

7 From funds referred to in subsection (a) that are available 

8 for carrying out plant projects, the Secretary of Energy 

9 may carry out, for weapons activities, the following new 

10 plant projects: 

11 Project 04–D–101, test capabilities revitaliza12 tion, Sandia National Laboratories, Albuquerque, 

13 New Mexico, $36,450,000. 

14 Project 04–D–102, exterior communications in15 frastructure modernization, Sandia National Labora16 tories, Albuquerque, New Mexico, $20,000,000. 

17 Project 04–D–103, project engineering and de18 sign, various locations, $2,000,000. 

19 Project 04–D–104, national security sciences 

20 building, Los Alamos National Laboratory, Los Ala21 mos, New Mexico, $38,000,000. 

22 Project 04–D–125, chemistry and metallurgy fa23 cility replacement project, Los Alamos National Lab24 oratory, Los Alamos, New Mexico, $20,500,000. 
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1 Project 04–D–126, Building 12-44 production 

2 cells upgrade, Pantex plant, Amarillo, Texas, 

3 $8,780,000. 

4 Project 04–D–127, cleaning and loading modi5 fications, Savannah River Site, Aiken, South Caro6 lina, $2,750,000. 

7 Project 04–D–128, TA–18 Mission relocation 

8 project, Los Alamos National Laboratory, Los Ala9 mos, New Mexico, $8,820,000. 

10 Project 04–D–203, facilities and infrastructure 

11 recapitalization program, project engineering and de12 sign, various locations, $3,719,000.

13 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

15 hereby authorized to be appropriated to the Department of 

16 Energy for fiscal year 2004 for environmental management 

17 activities in carrying out programs necessary for national 

18 security in the amount of $6,819,314,000, to be allocated 

19 as follows: 

20 (1) For defense site acceleration completion, 

21 $5,824,135,000. 

22 (2) For defense environmental services, 

23 $995,179,000. 

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, for defense site acceleration completion, the 

3 following new plant projects: 

4 Project 04–D–408, glass waste storage building 

5 #2, Savannah River Site, Aiken, South Carolina, 

6 $20,259,000. 

7 Project 04–D–414, project engineering and de8 sign, various locations, $23,500,000. 

9 Project 04–D–423, 3013 container surveillance 

10 capability in 235-F, Savannah River Site, Aiken, 

11 South Carolina, $1,134,000.

12 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

13 Funds are hereby authorized to be appropriated to the 

14 Department of Energy for fiscal year 2004 for other defense 

15 activities in carrying out programs necessary for national 

16 security in the amount of $497,331,000.

17 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

18 Funds are hereby authorized to be appropriated to the 

19 Department of Energy for fiscal year 2004 for defense nu20 clear waste disposal for payment to the Nuclear Waste Fund 

21 established in section 302(c) of the Nuclear Waste Policy 

22 Act of 1982 (42 U.S.C. 10222(c)) in the amount of 

23 $430,000,000.
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1 SEC. 3105. ENERGY SUPPLY. 

2 Funds are hereby authorized to be appropriated to the 

3 Department of Energy for fiscal year 2004 for energy sup4 ply activities in carrying out programs necessary for na5 tional security in the amount of $110,473,000.

6 Subtitle B—Program Authoriza7 tions, Restrictions, and Limita8 tions

9 SEC. 3111. MODIFICATION OF PROHIBITION RELATING TO 

10 LOW-YIELD NUCLEAR WEAPONS. 

11 Section 3136 of the National Defense Authorization 

12 Act for Fiscal Year 1994 (42 U.S.C. 2121 note) is amend13 ed—

14 (1) in the section heading, by striking ‘‘RE15 SEARCH AND DEVELOPMENT’’ and inserting ‘‘DE16 VELOPMENT AND PRODUCTION’’; 

17 (2) in subsection (a), by striking ‘‘conduct re18 search and development which could lead to the pro19 duction by the United States of’’ and insert ‘‘develop 

20 or produce’’; 

21 (3) in subsection (b)—

22 (A) by striking ‘‘conduct, or provide for the 

23 conduct of, research and development which 

24 could lead to the production by the United States 

25 of’’ and insert ‘‘develop, produce, or provide for 

26 the development or production of,’’; and 
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1 (B) by striking ‘‘the date of the enactment 

2 of this Act,’’ and inserting ‘‘November 30, 

3 1993,’’; 

4 (4) in subsection (c)—

5 (A) by striking ‘‘RESEARCH AND’’ in the 

6 subsection heading; 

7 (B) by striking ‘‘research and’’ in the mat8 ter preceding paragraph (1); and 

9 (C) by inserting ‘‘, including assessment of 

10 low-yield nuclear weapons development by other 

11 nations that may pose a national security risk 

12 to the United States’’ before the period at the end 

13 of paragraph (3); 

14 (5) by redesignating subsection (d) as subsection 

15 (e); and 

16 (6) by inserting after subsection (c) the following 

17 new subsection (d): 

18 ‘‘(d) EFFECT ON STUDIES AND DESIGN WORK.—Noth19 ing in this section shall prohibit the Secretary of Energy 

20 from conducting, or providing for the conduct of, concept 

21 definition studies, feasibility studies, or detailed engineer22 ing design work.’’.
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1 SEC. 3112. TERMINATION OF REQUIREMENT FOR ANNUAL 

2 UPDATES OF LONG-TERM PLAN FOR NU3 CLEAR WEAPONS STOCKPILE LIFE EXTEN4 SION PROGRAM. 

5 Section 3133 of the National Defense Authorization 

6 Act for Fiscal Year 2000 (42 U.S.C. 2121 note) is amended 

7 by adding at the end the following new subsection: 

8 ‘‘(g) TERMINATION OF ANNUAL UPDATES.—Effective 

9 December 31, 2004, the requirements of subsections (c), (d), 

10 (e), and (f) shall terminate.’’.

11 SEC. 3113. EXTENSION TO ALL DOE FACILITIES OF AUTHOR12 ITY TO PROHIBIT DISSEMINATION OF CER13 TAIN UNCLASSIFIED INFORMATION. 

14 Subsection a. of section 148 of the Atomic Energy Act 

15 of 1954 (42 U.S.C. 2168) is amended in paragraph (1)—

16 (1) in the matter preceding subparagraph (A), 

17 by striking ‘‘, with respect to atomic energy defense 

18 programs,’’; 

19 (2) in subparagraph (A), by striking ‘‘produc20 tion facilities or utilization facilities’’ and inserting 

21 ‘‘production facilities, utilization facilities, nuclear 

22 waste storage facilities, or uranium enrichment facili23 ties, or any other facilities at which activities relating 

24 to nuclear weapons or nuclear materials are carried 

25 out, that are under the control or jurisdiction of the 

26 Secretary of Energy’’; and 
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1 (3) in subparagraph (B), by striking ‘‘produc2 tion or utilization facilities’’ and inserting ‘‘such fa3 cilities’’.

4 SEC. 3114. DEPARTMENT OF ENERGY PROJECT REVIEW 

5 GROUPS NOT SUBJECT TO FEDERAL ADVI6 SORY COMMITTEE ACT BY REASON OF INCLU7 SION OF EMPLOYEES OF DEPARTMENT OF EN8 ERGY MANAGEMENT AND OPERATING CON9 TRACTORS. 

10 An officer or employee of a management and operating 

11 contractor of the Department of Energy, when serving as 

12 a member of a group reviewing or advising on matters re13 lated to any one or more management and operating con14 tracts of the Department, shall be treated as an officer or 

15 employee of the Department for purposes of determining 

16 whether the group is an advisory committee within the 

17 meaning of section 3 of the Federal Advisory Committee 

18 Act (5 U.S.C. App.).

19 SEC. 3115. AVAILABILITY OF FUNDS. 

20 Section 3628 of the Bob Stump National Defense Au21 thorization Act for Fiscal Year 2003 (Public Law 107–314; 

22 116 Stat. 2760; 42 U.S.C. 7386h) is amended to read as 

23 follows: 
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1 ‘‘SEC. 3628. AVAILABILITY OF FUNDS. 

2 ‘‘(a) IN GENERAL.—Except as provided in subsection 

3 (b), amounts appropriated pursuant to a DOE national se4 curity authorization for a fiscal year—

5 ‘‘(1) shall remain available to be expended only 

6 in that fiscal year and the two succeeding fiscal 

7 years, in the case of amounts for the National Nuclear 

8 Security Administration; and 

9 ‘‘(2) may, when so specified in an appropria10 tions Act, remain available until expended, in all 

11 other cases. 

12 ‘‘(b) PROGRAM DIRECTION.—Amounts appropriated 

13 pursuant to a DOE national security authorization for a 

14 fiscal year for program direction shall remain available to 

15 be obligated only until the end of that fiscal year.’’.

16 SEC. 3116. LIMITATION ON OBLIGATION OF FUNDS FOR NU17 CLEAR TEST READINESS PROGRAM. 

18 Not more than 40 percent of the funds made available 

19 to the Secretary of Energy for fiscal year 2004 for the Nu20 clear Test Readiness program of the Department of Energy 

21 may be obligated until—

22 (1) the Secretary of Energy submits to the Com23 mittees on Armed Services of the Senate and the 

24 House of Representatives the report required by sec25 tion 3142(c) of the Bob Stump National Defense Au26 thorization Act for Fiscal Year 2003 (Public Law 
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1 107–314; 116 Stat. 2733), relating to plans for 

2 achieving enhanced readiness postures for resumption 

3 by the United States of underground nuclear weapons 

4 tests; and 

5 (2) a period of 30 days has passed after the date 

6 on which such report is received by those committees.

7 SEC. 3117. REQUIREMENT FOR ON-SITE MANAGERS. 

8 (a) ON-SITE MANAGER REQUIREMENT.—Before obli9 gating any defense nuclear nonproliferation funds for a 

10 project described in subsection (b), the Secretary of Energy 

11 shall appoint a United States Federal Government em12 ployee as an on-site manager. 

13 (b) PROJECTS COVERED.—Subsection (a) applies to a 

14 project—

15 (1) to be located in a state of the former Soviet 

16 Union; 

17 (2) which involves dismantlement, destruction, or 

18 storage facilities, or construction of a facility; and 

19 (3) with respect to which the total contribution 

20 by the Department of Energy is expected to exceed 

21 $25,000,000. 

22 (c) DUTIES OF ON-SITE MANAGER.—The on-site man23 ager appointed under subsection (a) shall—

24 (1) develop, in cooperation with representatives 

25 from governments of countries participating in the 
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1 project, a list of those steps or activities critical to 

2 achieving the project’s disarmament or nonprolifera3 tion goals; 

4 (2) establish a schedule for completing those steps 

5 or activities; 

6 (3) meet with all participants to seek assurances 

7 that those steps or activities are being completed on 

8 schedule; and 

9 (4) suspend United States participation in a 

10 project when a non-United States participant fails to 

11 complete a scheduled step or activity on time, unless 

12 directed by the Secretary of Energy to resume United 

13 States participation. 

14 (d) STEPS OR ACTIVITIES.—Steps or activities referred 

15 to in subsection (c)(1) are those activities that, if not com16 pleted, will prevent a project from achieving its disar17 mament or nonproliferation goals, including, at a min18 imum, the following: 

19 (1) Identification and acquisition of permits (as 

20 defined in subsection (f)). 

21 (2) Verification that the items, substances, or ca22 pabilities to be dismantled, secured, or otherwise 

23 modified are available for dismantlement, securing, or 

24 modification. 
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1 (3) Timely provision of financial, personnel, 

2 management, transportation, and other resources. 

3 (e) NOTIFICATION TO CONGRESS.—In any case in 

4 which the Secretary of Energy directs an on-site manager 

5 to resume United States participation in a project under 

6 subsection (c)(4), the Secretary shall concurrently notify 

7 Congress of such direction. 

8 (f) PERMIT DEFINED.—In this section, the term ‘‘per9 mit’’ means any local or national permit for development, 

10 general construction, environmental, land use, or other pur11 poses that is required in the state of the former Soviet 

12 Union in which the project is being or is proposed to be 

13 carried out. 

14 (g) EFFECTIVE DATE.—This section shall take effect 

15 six months after the date of the enactment of this Act.

16 Subtitle C—Consolidation of 

17 National Security Provisions 

18 SEC. 3121. TRANSFER AND CONSOLIDATION OF RECURRING 

19 AND GENERAL PROVISIONS ON DEPARTMENT 

20 OF ENERGY NATIONAL SECURITY PROGRAMS. 

21 (a) PURPOSE.—

22 (1) IN GENERAL.—The purpose of this section is 

23 to assemble together, without substantive amendment 

24 but with technical and conforming amendments of a 

25 non-substantive nature, recurring and general provi-
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1 sions of law on Department of Energy national secu2 rity programs that remain in force in order to con3 solidate and organize such provisions of law into a 

4 single Act intended to comprise general provisions of 

5 law on such programs. 

6 (2) CONSTRUCTION OF TRANSFERS.—The trans7 fer of a provision of law by this section shall not be 

8 construed as amending, altering, or otherwise modi9 fying the substantive effect of such provision. 

10 (3) COORDINATION WITH OTHER AMEND11 MENTS.—For purposes of applying amendments made 

12 by provisions of this Act other than provisions of this 

13 section, this section shall be treated as having been 

14 enacted immediately after the other provisions of this 

15 Act. 

16 (4) TREATMENT OF SATISFIED REQUIRE17 MENTS.—Any requirement in a provision of law 

18 transferred under this section (including a require19 ment that an amendment to law be executed) that has 

20 been fully satisfied in accordance with the terms of 

21 such provision of law as of the date of transfer under 

22 this section shall be treated as so fully satisfied, and 

23 shall not be treated as being revived solely by reason 

24 of transfer under this section. 
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1 (5) CLASSIFICATION.—The provisions of the 

2 Atomic Energy Defense Act, as amended by this sec3 tion, shall be classified to the United States Code as 

4 a new chapter of title 50, United States Code. 

5 (b) DIVISION HEADING.—The Bob Stump National 

6 Defense Authorization Act for Fiscal Year 2003 (Public 

7 Law 107–314) is amended by adding at the end the fol8 lowing new division heading: 

9 ‘‘DIVISION D—ATOMIC ENERGY 

10 DEFENSE PROVISIONS’’. 

11 (c) SHORT TITLE; DEFINITION.—

12 (1) SHORT TITLE.—Section 3601 of the Atomic 

13 Energy Defense Act (title XXXVI of Public Law 107–

14 314; 116 Stat. 2756) is—

15 (A) transferred to the end of the Bob Stump 

16 National Defense Authorization Act for Fiscal 

17 Year 2003; 

18 (B) redesignated as section 4001; 

19 (C) inserted after the heading for division D 

20 of the Bob Stump National Defense Authoriza21 tion Act for Fiscal Year 2003, as added by sub22 section (b); and 

23 (D) amended by striking ‘‘title’’ and insert24 ing ‘‘division’’. 
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1 (2) DEFINITION.—Division D of the Bob Stump 

2 National Defense Authorization Act for Fiscal Year 

3 2003, as amended by this section, is further amended 

4 by adding at the end the following new section: 

5 ‘‘SEC. 4002. DEFINITION. 

6 ‘‘In this division, the term ‘congressional defense com7 mittees’ means—

8 ‘‘(1) the Committee on Armed Services and the 

9 Committee on Appropriations of the Senate; and 

10 ‘‘(2) the Committee on Armed Services and the 

11 Committee on Appropriations of the House of Rep12 resentatives.’’. 

13 (d) ORGANIZATIONAL MATTERS.—

14 (1) TITLE HEADING.—Division D of the Bob 

15 Stump National Defense Authorization Act for Fiscal 

16 Year 2003, as amended by this section, is further 

17 amended by adding at the end the following: 

18 ‘‘TITLE XLI—ORGANIZATIONAL 

19 MATTERS’’. 

20 (2) NAVAL NUCLEAR PROPULSION PROGRAM.—

21 Section 1634 of the Department of Defense Authoriza22 tion Act, 1985 (Public Law 98–525; 98 Stat. 2649) 

23 is—

24 (A) transferred to title XLI of division D of 

25 the Bob Stump National Defense Authorization 
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1 Act for Fiscal Year 2003, as added by paragraph 

2 (1); 

3 (B) inserted after the title heading for such 

4 title, as so added; and 

5 (C) amended—

6 (i) by striking the section heading and 

7 inserting the following new section heading: 

8 ‘‘SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.’’; and 

9 (ii) by striking ‘‘SEC. 1634.’’. 

10 (3) MANAGEMENT STRUCTURE FOR FACILITIES

11 AND LABORATORIES.—Section 3140 of the National 

12 Defense Authorization Act for Fiscal Year 1997 (Pub13 lic Law 104–201; 110 Stat. 2833) is—

14 (A) transferred to title XLI of division D of 

15 the Bob Stump National Defense Authorization 

16 Act for Fiscal Year 2003, as amended by this 

17 subsection; 

18 (B) redesignated as section 4102; 

19 (C) inserted after section 4101, as added by 

20 paragraph (2); and 

21 (D) amended in subsection (d)(2), by strik22 ing ‘‘120 days after the date of the enactment of 

23 this Act,’’ and inserting ‘‘January 21, 1997,’’. 

24 (4) RESTRICTION ON LICENSING REQUIREMENTS

25 FOR CERTAIN ACTIVITIES AND FACILITIES.—Section 
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1 210 of the Department of Energy National Security 

2 and Military Applications of Nuclear Energy Author3 ization Act of 1981 (Public Law 96–540; 94 Stat. 

4 3202) is—

5 (A) transferred to title XLI 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) inserted after section 4102, as added by 

10 paragraph (3); and 

11 (C) amended—

12 (i) by striking the section heading and 

13 inserting the following new section heading: 

14 ‘‘SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT 

15 FOR CERTAIN DEFENSE ACTIVITIES AND FA16 CILITIES.’’; 

17 (ii) by striking ‘‘SEC. 210.’’; and 

18 (iii) by striking ‘‘this or any other 

19 Act’’ and inserting ‘‘the Department of En20 ergy National Security and Military Appli21 cations of Nuclear Energy Authorization 

22 Act of 1981 (Public Law 96–540) or any 

23 other Act’’. 

24 (e) NUCLEAR WEAPONS STOCKPILE MATTERS.—
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1 (1) HEADINGS.—Division D of the Bob Stump 

2 National Defense Authorization Act for Fiscal Year 

3 2003, as amended by this section, is further amended 

4 by adding at the end the following new headings: 

5 ‘‘TITLE XLII—NUCLEAR 

6 WEAPONS STOCKPILE MATTERS 

7 ‘‘Subtitle A—Stockpile Stewardship 

8 and Weapons Production’’. 

9 (2) STOCKPILE STEWARDSHIP PROGRAM.—Sec10 tion 3138 of the National Defense Authorization Act 

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

12 1946), as amended by section 3152(e) of the National 

13 Defense Authorization Act for Fiscal Year 1998 (Pub14 lic Law 105–85; 111 Stat. 2042), 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 added by para18 graph (1); 

19 (B) redesignated as section 4201; and 

20 (C) inserted after the heading for subtitle A 

21 of such title, as so added. 

22 (3) STOCKPILE STEWARDSHIP CRITERIA.—Sec23 tion 3158 of the Strom Thurmond National Defense 

24 Authorization Act for Fiscal Year 1999 (Public Law 

25 105–261; 112 Stat. 2257), as amended, 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 4202; and 

6 (C) inserted after section 4201, as added by 

7 paragraph (2). 

8 (4) PLAN FOR STEWARDSHIP, MANAGEMENT, AND

9 CERTIFICATION OF WARHEADS IN STOCKPILE.—Sec10 tion 3151 of the National Defense Authorization Act 

11 for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

12 2041) 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) redesignated as section 4203; and 

18 (C) inserted after section 4202, as added by 

19 paragraph (3). 

20 (5) STOCKPILE LIFE EXTENSION PROGRAM.—

21 Section 3133 of the National Defense Authorization 

22 Act for Fiscal Year 2000 (Public Law 106–65; 113 

23 Stat. 926) 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 4204; 

4 (C) inserted after section 4203, as added by 

5 paragraph (4); and 

6 (D) amended in subsection (c)(1) by strik7 ing ‘‘the date of the enactment of this Act’’ and 

8 inserting ‘‘October 5, 1999’’. 

9 (6) ANNUAL ASSESSMENTS AND REPORTS ON

10 CONDITION OF STOCKPILE.—Section 3141 of the Bob 

11 Stump National Defense Authorization Act for Fiscal 

12 Year 2003 (Public Law 107–314; 116 Stat. 2730) 

13 is—

14 (A) transferred to title XLII of division D 

15 of such Act, as amended by this subsection; 

16 (B) redesignated as section 4205; 

17 (C) inserted after section 4204, as added by 

18 paragraph (5); and 

19 (D) amended in subsection (d)(3)(B) by 

20 striking ‘‘section 3137 of the National Defense 

21 Authorization Act for Fiscal Year 1996 (42 

22 U.S.C. 2121 note)’’ and inserting ‘‘section 4212’’. 

23 (7) FORM OF CERTAIN CERTIFICATIONS REGARD24 ING STOCKPILE.—Section 3194 of the Floyd D. 

25 Spence National Defense Authorization Act for Fiscal 
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1 Year 2001 (as enacted into law by Public Law 106–

2 398; 114 Stat. 1654A–481) is—

3 (A) transferred to title XLII 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 4206; and 

8 (C) inserted after section 4205, as added by 

9 paragraph (6). 

10 (8) NUCLEAR TEST BAN READINESS PROGRAM.—

11 Section 1436 of the National Defense Authorization 

12 Act, Fiscal Year 1989 (Public Law 100–456; 102 

13 Stat. 2075) 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 4207; 

19 (C) inserted after section 4206, as added by 

20 paragraph (7); and 

21 (D) amended in the section heading by add22 ing a period at the end. 

23 (9) STUDY ON NUCLEAR TEST READINESS POS24 TURES.—Section 3152 of the National Defense Au25 thorization Act for Fiscal Year 1996 (Public Law 
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1 104–106; 110 Stat. 623), as amended by section 3192 

2 of the Floyd D. Spence National Defense Authoriza3 tion Act for Fiscal Year 2001 (as enacted into law by 

4 Public Law 106–398; 114 Stat. 1654A–480), is—

5 (A) transferred to title XLII of division D 

6 of the Bob Stump National Defense Authoriza7 tion Act for Fiscal Year 2003, as amended by 

8 this subsection; 

9 (B) redesignated as section 4208; and 

10 (C) inserted after section 4207, as added by 

11 paragraph (8). 

12 (10) REQUIREMENTS FOR REQUESTS FOR NEW

13 OR MODIFIED NUCLEAR WEAPONS.—Section 3143 of 

14 the Bob Stump National Defense Authorization Act 

15 for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 

16 2733) is—

17 (A) transferred to title XLII of division D 

18 of such Act, as amended by this subsection; 

19 (B) redesignated as section 4209; and 

20 (C) inserted after section 4208, as added by 

21 paragraph (9). 

22 (11) LIMITATION ON UNDERGROUND NUCLEAR

23 WEAPONS TESTS.—Subsection (f) of section 507 of the 

24 Energy and Water Development Appropriations Act, 

25 1993 (Public Law 102–337; 106 Stat. 1345) 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) inserted after section 4209, as added by 

6 paragraph (10); and 

7 (C) amended—

8 (i) by inserting before the text the fol9 lowing new section heading: 

10 ‘‘SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR 

11 WEAPONS TESTS.’’; and 

12 (ii) by striking ‘‘(f)’’. 

13 (12) TESTING OF NUCLEAR WEAPONS.—Section 

14 3137 of the National Defense Authorization Act for 

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

16 1946) 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 4211; 

22 (C) inserted after section 4210, as added by 

23 paragraph (11); and 

24 (D) amended—
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1 (i) in subsection (a), by inserting ‘‘of 

2 the National Defense Authorization Act for 

3 Fiscal Year 1994 (Public Law 103–160)’’ 

4 after ‘‘section 3101(a)(2)’’; and 

5 (ii) in subsection (b), by striking ‘‘this 

6 Act’’ and inserting ‘‘the National Defense 

7 Authorization Act for Fiscal Year 1994’’. 

8 (13) MANUFACTURING INFRASTRUCTURE FOR

9 STOCKPILE.—Section 3137 of the National Defense 

10 Authorization Act for Fiscal Year 1996 (Public Law 

11 104–106; 110 Stat. 620), as amended by section 3132 

12 of the National Defense Authorization Act for Fiscal 

13 Year 1997 (Public Law 104–201; 110 Stat. 2829), 

14 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 4212; 

20 (C) inserted after section 4211, as added by 

21 paragraph (12); and 

22 (D) amended in subsection (d) by inserting 

23 ‘‘of the National Defense Authorization Act for 

24 Fiscal Year 1996 (Public Law 104–106)’’ after 

25 ‘‘section 3101(b)’’. 
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1 (14) REPORTS ON CRITICAL DIFFICULTIES AT

2 LABORATORIES AND PLANTS.—Section 3159 of the 

3 National Defense Authorization Act for Fiscal Year 

4 1997 (Public Law 104–201; 110 Stat. 2842), as 

5 amended by section 1305 of the National Defense Au6 thorization Act for Fiscal Year 1998 (Public Law 

7 105–85; 111 Stat. 1954) and section 3163 of the Na8 tional Defense Authorization Act for Fiscal Year 2000 

9 (Public Law 106–65; 113 Stat. 944), 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 4213; and 

15 (C) inserted after section 4212, as added by 

16 paragraph (13). 

17 (15) SUBTITLE HEADING ON TRITIUM.—Title 

18 XLII of division D of the Bob Stump National De19 fense Authorization Act for Fiscal Year 2003, as 

20 amended by this subsection, is further amended by 

21 adding at the end the following new subtitle heading: 

22 ‘‘Subtitle B—Tritium’’. 

23 (16) TRITIUM PRODUCTION PROGRAM.—Section 

24 3133 of the National Defense Authorization Act for 
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1 Fiscal Year 1996 (Public Law 104–106; 110 Stat. 

2 618) is—

3 (A) transferred to title XLII 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 4231; 

8 (C) inserted after the heading for subtitle B 

9 of such title XLII, as added by paragraph (15); 

10 and 

11 (D) amended—

12 (i) by striking ‘‘the date of the enact13 ment of this Act’’ each place it appears and 

14 inserting ‘‘February 10, 1996’’; and 

15 (ii) in subsection (b), by inserting ‘‘of 

16 the National Defense Authorization Act for 

17 Fiscal Year 1996 (Public Law 104–106)’’ 

18 after ‘‘section 3101’’. 

19 (17) TRITIUM RECYCLING.—Section 3136 of the 

20 National Defense Authorization Act for Fiscal Year 

21 1996 (Public Law 104–106; 110 Stat. 620) is—

22 (A) transferred to title XLII of division D 

23 of the Bob Stump National Defense Authoriza24 tion Act for Fiscal Year 2003, as amended by 

25 this subsection; 
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1 (B) redesignated as section 4232; and 

2 (C) inserted after section 4231, as added by 

3 paragraph (16). 

4 (18) TRITIUM PRODUCTION.—Subsections (c) 

5 and (d) of section 3133 of the National Defense Au6 thorization Act for Fiscal Year 1997 (Public Law 

7 104–201; 110 Stat. 2830) are—

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) inserted after section 4232, as added by 

13 paragraph (17); and 

14 (C) amended—

15 (i) by inserting before the text the fol16 lowing new section heading: 

17 ‘‘SEC. 4233. TRITIUM PRODUCTION.’’; 

18 (ii) by redesignating such subsections 

19 as subsections (a) and (b), respectively; and 

20 (iii) in subsection (a), as so redesig21 nated, by inserting ‘‘of Energy’’ after ‘‘The 

22 Secretary’’. 

23 (19) MODERNIZATION AND CONSOLIDATION OF

24 TRITIUM RECYCLING FACILITIES.—Section 3134 of the 
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1 National Defense Authorization Act for Fiscal Year 

2 1997 (Public Law 104–201; 110 Stat. 2830) is—

3 (A) transferred to title XLII 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 4234; 

8 (C) inserted after section 4233, as added by 

9 paragraph (18); and 

10 (D) amended in subsection (b) by inserting 

11 ‘‘of the National Defense Authorization Act for 

12 Fiscal Year 1997 (Public Law 104–201)’’ after 

13 ‘‘section 3101’’. 

14 (20) PROCEDURES FOR MEETING TRITIUM PRO15 DUCTION REQUIREMENTS.—Section 3134 of the Na16 tional Defense Authorization Act for Fiscal Year 2000 

17 (Public Law 106–65; 113 Stat. 927) 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 4235; and 

23 (C) inserted after section 4234, as added by 

24 paragraph (19). 

25 (f) PROLIFERATION MATTERS.—
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1 (1) TITLE HEADING.—Division D of the Bob 

2 Stump National Defense Authorization Act for Fiscal 

3 Year 2003, as amended by this section, is further 

4 amended by adding at the end the following new title 

5 heading: 

6 ‘‘TITLE XLIII—PROLIFERATION 

7 MATTERS’’. 

8 (2) INTERNATIONAL COOPERATIVE STOCKPILE

9 STEWARDSHIP.—Section 3133 of the National Defense 

10 Authorization Act for Fiscal Year 1998 (Public Law 

11 105–85; 111 Stat. 2036), as amended by sections 1069 

12 and 3131 of the Strom Thurmond National Defense 

13 Authorization Act for Fiscal Year 1999 (Public Law 

14 105–261; 112 Stat. 2136, 2246), is—

15 (A) transferred to title XLIII of division D 

16 of the Bob Stump National Defense Authoriza17 tion Act for Fiscal Year 2003, as added by para18 graph (1); 

19 (B) redesignated as section 4301; 

20 (C) inserted after the heading for such title, 

21 as so added; and 

22 (D) amended in subsection (b)(3) by strik23 ing ‘‘of this Act’’ and inserting ‘‘of the National 

24 Defense Authorization Act for Fiscal Year 1998 

25 (Public Law 105–85)’’. 
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1 (3) NONPROLIFERATION INITIATIVES AND ACTIVI2 TIES.—Section 3136 of the National Defense Author3 ization Act for Fiscal Year 2000 (Public Law 106–

4 65; 113 Stat. 927) is—

5 (A) transferred to title XLIII of division D 

6 of the Bob Stump National Defense Authoriza7 tion Act for Fiscal Year 2003, as amended by 

8 this subsection; 

9 (B) redesignated as section 4302; 

10 (C) inserted after section 4301, as added by 

11 paragraph (2); and 

12 (D) amended in subsection (b)(1) by strik13 ing ‘‘this title’’ and inserting ‘‘title XXXI of the 

14 National Defense Authorization Act for Fiscal 

15 Year 2000 (Public Law 106–65)’’. 

16 (4) ANNUAL REPORT ON MATERIALS PROTEC17 TION, CONTROL, AND ACCOUNTING PROGRAM.—Section 

18 3171 of the Floyd D. Spence National Defense Au19 thorization Act for Fiscal Year 2001 (as enacted into 

20 law by Public Law 106–398; 114 Stat. 1645A–475) 

21 is—

22 (A) transferred to title XLIII of division D 

23 of the Bob Stump National Defense Authoriza24 tion Act for Fiscal Year 2003, as amended by 

25 this subsection; 
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1 (B) redesignated as section 4303; 

2 (C) inserted after section 4302, as added by 

3 paragraph (3); and 

4 (D) amended in subsection (c)(1) by strik5 ing ‘‘this Act’’ and inserting ‘‘the Floyd D. 

6 Spence National Defense Authorization Act for 

7 Fiscal Year 2001 (as enacted into law by Public 

8 Law 106–398)’’. 

9 (5) NUCLEAR CITIES INITIATIVE.—Section 3172 

10 of the Floyd D. Spence National Defense Authoriza11 tion Act for Fiscal Year 2001 (as enacted into law by 

12 Public Law 106–398; 114 Stat. 1645A–476) is—

13 (A) transferred to title XLIII 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 4304; and 

18 (C) inserted after section 4303, as added by 

19 paragraph (4). 

20 (6) PROGRAMS ON FISSILE MATERIALS.—Section 

21 3131 of the National Defense Authorization Act for 

22 Fiscal Year 1996 (Public Law 104–106; 110 Stat. 

23 617), as amended by section 3152 of the Bob Stump 

24 National Defense Authorization Act for Fiscal Year 

25 2003 (Public Law 107–314; 116 Stat. 2738), is—
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1 (A) transferred to title XLIII 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 4305; and 

6 (C) inserted after section 4304, as added by 

7 paragraph (5). 

8 (g) ENVIRONMENTAL RESTORATION AND WASTE MAN9 AGEMENT MATTERS.—

10 (1) HEADINGS.—Division D of the Bob Stump 

11 National Defense Authorization Act for Fiscal Year 

12 2003, as amended by this section, is further amended 

13 by adding at the end the following new headings: 

14 ‘‘TITLE XLIV—ENVIRONMENTAL 

15 RESTORATION AND WASTE 

16 MANAGEMENT MATTERS 

17 ‘‘Subtitle A—Environmental Res18 toration and Waste Manage19 ment’’. 

20 (2) DEFENSE ENVIRONMENTAL RESTORATION

21 AND WASTE MANAGEMENT ACCOUNT.—Section 3134 of 

22 the National Defense Authorization Act for Fiscal 

23 Years 1992 and 1993 (Public Law 102–190; 105 Stat. 

24 1575) 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 added by para4 graph (1); 

5 (B) redesignated as section 4401; and 

6 (C) inserted after the heading for subtitle A 

7 of such title, as so added. 

8 (3) FUTURE USE PLANS FOR ENVIRONMENTAL

9 MANAGEMENT PROGRAM.—Section 3153 of the Na10 tional Defense Authorization Act for Fiscal Year 1997 

11 (Public Law 104–201; 110 Stat. 2839) is—

12 (A) transferred to title XLIV 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 4402; 

17 (C) inserted after section 4401, as added by 

18 paragraph (2); and 

19 (D) amended—

20 (i) in subsection (d), by striking ‘‘the 

21 date of the enactment of this Act’’ and in22 serting ‘‘September 23, 1996,’’; and 

23 (ii) in subsection (h)(1), by striking 

24 ‘‘the date of the enactment of this Act’’ and 

25 inserting ‘‘September 23, 1996’’. 
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1 (4) INTEGRATED FISSILE MATERIALS MANAGE2 MENT PLAN.—Section 3172 of the National Defense 

3 Authorization Act for Fiscal Year 2000 (Public Law 

4 106–65; 113 Stat. 948) is—

5 (A) transferred to title XLIV of division D 

6 of the Bob Stump National Defense Authoriza7 tion Act for Fiscal Year 2003, as amended by 

8 this subsection; 

9 (B) redesignated as section 4403; and 

10 (C) inserted after section 4402, as added by 

11 paragraph (3). 

12 (5) BASELINE ENVIRONMENTAL MANAGEMENT

13 REPORTS.—Section 3153 of the National Defense Au14 thorization Act for Fiscal Year 1994 (Public Law 

15 103–160; 107 Stat. 1950), as amended by section 

16 3160 of the National Defense Authorization Act for 

17 Fiscal Year 1995 (Public Law 103–337; 108 Stat. 

18 3094), section 3152 of the National Defense Author19 ization Act for Fiscal Year 1997 (Public Law 104–

20 201; 110 Stat. 2839), and section 3160 of the Na21 tional Defense Authorization Act for Fiscal Year 1998 

22 (Public Law 105–85; 111 Stat. 2048), is—

23 (A) transferred to title XLIV 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 4404; and 

4 (C) inserted after section 4403, as added by 

5 paragraph (4). 

6 (6) ACCELERATED SCHEDULE OF ENVIRON7 MENTAL RESTORATION AND WASTE MANAGEMENT.—

8 Section 3156 of the National Defense Authorization 

9 Act for Fiscal Year 1996 (Public Law 104–106; 110 

10 Stat. 625) is—

11 (A) transferred to title XLIV 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 4405; 

16 (C) inserted after section 4404, as added by 

17 paragraph (5); and 

18 (D) amended in subsection (b)(2) by insert19 ing before the period the following: ‘‘, the prede20 cessor provision to section 4404 of this Act’’. 

21 (7) DEFENSE WASTE CLEANUP TECHNOLOGY

22 PROGRAM.—Section 3141 of the National Defense Au23 thorization Act for Fiscal Years 1990 and 1991 (Pub24 lic Law 101–189; 103 Stat. 1679) 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 4406; 

6 (C) inserted after section 4405, as added by 

7 paragraph (6); and 

8 (D) amended in the section heading by add9 ing a period at the end. 

10 (8) REPORT ON ENVIRONMENTAL RESTORATION

11 EXPENDITURES.—Section 3134 of the National De12 fense Authorization Act for Fiscal Year 1991 (Public 

13 Law 101–510; 104 Stat. 1833) 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 4407; 

19 (C) inserted after section 4406, as added by 

20 paragraph (7); and 

21 (D) amended in the section heading by add22 ing a period at the end. 

23 (9) PUBLIC PARTICIPATION IN PLANNING FOR

24 ENVIRONMENTAL RESTORATION AND WASTE MANAGE25 MENT.—Subsection (e) of section 3160 of the National 
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1 Defense Authorization Act for Fiscal Year 1995 (Pub2 lic Law 103–337; 108 Stat. 3095) 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) inserted after section 4407, as added by 

8 paragraph (8); and 

9 (C) amended—

10 (i) by inserting before the text the fol11 lowing new section heading: 

12 ‘‘SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR EN13 VIRONMENTAL RESTORATION AND WASTE 

14 MANAGEMENT AT DEFENSE NUCLEAR FACILI15 TIES.’’; and 

16 (ii) by striking ‘‘(e) PUBLIC PARTICI17 PATION IN PLANNING.—’’. 

18 (10) SUBTITLE HEADING ON CLOSURE OF FA19 CILITIES.—Title XLIV 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 B—Closure of Facilities’’. 

2 (11) PROJECTS TO ACCELERATE CLOSURE AC3 TIVITIES AT DEFENSE NUCLEAR FACILITIES.—Section 

4 3143 of the National Defense Authorization Act for 

5 Fiscal Year 1997 (Public Law 104–201; 110 Stat. 

6 2836) is—

7 (A) transferred to title XLIV 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 4421; 

12 (C) inserted after the heading for subtitle B 

13 of such title, as added by paragraph (10); and 

14 (D) amended in subsection (i), by striking 

15 ‘‘the expiration of the 15-year period beginning 

16 on the date of the enactment of this Act’’ and in17 serting ‘‘September 23, 2011’’. 

18 (12) REPORTS IN CONNECTION WITH PERMANENT

19 CLOSURE OF DEFENSE NUCLEAR FACILITIES.—Sec20 tion 3156 of the National Defense Authorization Act 

21 for Fiscal Years 1990 and 1991 (Public Law 101–

22 189; 103 Stat. 1683) is—

23 (A) transferred to title XLIV 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 4422; 

4 (C) inserted after section 4421, as added by 

5 paragraph (11); and 

6 (D) amended in the section heading by add7 ing a period at the end. 

8 (13) SUBTITLE HEADING ON PRIVATIZATION.—

9 Title XLIV 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—Privatization’’. 

14 (14) DEFENSE ENVIRONMENTAL MANAGEMENT

15 PRIVATIZATION PROJECTS.—Section 3132 of the Na16 tional Defense Authorization Act for Fiscal Year 1998 

17 (Public Law 105–85; 111 Stat. 2034) is—

18 (A) transferred to title XLIV 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 4431; 

23 (C) inserted after the heading for subtitle C 

24 of such title, as added by paragraph (13); and 

25 (D) amended—
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1 (i) in subsections (a), (c)(1)(B)(i), and 

2 (d), by inserting ‘‘of the National Defense 

3 Authorization Act for Fiscal Year 1998 

4 (Public Law 105–85)’’ after ‘‘section 

5 3102(i)’’; and 

6 (ii) in subsections (c)(1)(B)(ii) and (f), 

7 by striking ‘‘the date of enactment of this 

8 Act’’ and inserting ‘‘November 18, 1997’’. 

9 (h) SAFEGUARDS AND SECURITY MATTERS.—

10 (1) HEADINGS.—Division D of the Bob Stump 

11 National Defense Authorization Act for Fiscal Year 

12 2003, as amended by this section, is further amended 

13 by adding at the end the following new headings: 

14 ‘‘TITLE XLV—SAFEGUARDS AND 

15 SECURITY MATTERS 

16 ‘‘Subtitle A—Safeguards and 

17 Security’’. 

18 (2) PROHIBITION ON INTERNATIONAL INSPEC19 TIONS OF FACILITIES WITHOUT PROTECTION OF RE20 STRICTED DATA.—Section 3154 of the National De21 fense Authorization Act for Fiscal Year 1996 (Public 

22 Law 104–106; 110 Stat. 624) 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 added by paragraph 

2 (1); 

3 (B) redesignated as section 4501; 

4 (C) inserted after the heading for subtitle A 

5 of such title, as so added; and 

6 (D) amended—

7 (i) by striking ‘‘(1) The’’ and inserting 

8 ‘‘The’’; and 

9 (ii) by striking ‘‘(2) For purposes of 

10 paragraph (1),’’ and inserting ‘‘(c) RE11 STRICTED DATA DEFINED.—In this sec12 tion,’’. 

13 (3) RESTRICTIONS ON ACCESS TO LABORATORIES

14 BY FOREIGN VISITORS FROM SENSITIVE COUNTRIES.—

15 Section 3146 of the National Defense Authorization 

16 Act for Fiscal Year 2000 (Public Law 106–65; 113 

17 Stat. 935) is—

18 (A) transferred to title XLV of division D of 

19 the Bob Stump National Defense Authorization 

20 Act for Fiscal Year 2003, as amended by this 

21 subsection; 

22 (B) redesignated as section 4502; 

23 (C) inserted after section 4501, as added by 

24 paragraph (2); and 

25 (D) amended—
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1 (i) in subsection (b)(2)—

2 (I) in the matter preceding sub3 paragraph (A), by striking ‘‘30 days 

4 after the date of the enactment of this 

5 Act’’ and inserting ‘‘on November 4, 

6 1999,’’; and 

7 (II) in subparagraph (A), by 

8 striking ‘‘The date that is 90 days 

9 after the date of the enactment of this 

10 Act’’ and inserting ‘‘January 3, 2000’’; 

11 (ii) in subsection (d)(1), by striking 

12 ‘‘the date of the enactment of this Act,’’ and 

13 inserting ‘‘October 5, 1999,’’; and 

14 (iii) in subsection (g), by adding at the 

15 end the following new paragraphs: 

16 ‘‘(3) The term ‘national laboratory’ means any 

17 of the following: 

18 ‘‘(A) Lawrence Livermore National Labora19 tory, Livermore, California. 

20 ‘‘(B) Los Alamos National Laboratory, Los 

21 Alamos, New Mexico. 

22 ‘‘(C) Sandia National Laboratories, Albu23 querque, New Mexico and Livermore, California. 
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1 ‘‘(4) The term ‘Restricted Data’ has the meaning 

2 given that term in section 11 y. of the Atomic Energy 

3 Act of 1954 (42 U.S.C. 2014(y)).’’. 

4 (4) BACKGROUND INVESTIGATIONS ON CERTAIN

5 PERSONNEL.—Section 3143 of the National Defense 

6 Authorization Act for Fiscal Year 2000 (Public Law 

7 106–65; 113 Stat. 934) 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 4503; 

13 (C) inserted after section 4502, as added by 

14 paragraph (3); and 

15 (D) amended—

16 (i) in subsection (b), by striking ‘‘the 

17 date of the enactment of this Act’’ and in18 serting ‘‘October 5, 1999,’’; and 

19 (ii) by adding at the end the following 

20 new subsection: 

21 ‘‘(c) DEFINITIONS.—In this section, the terms ‘na22 tional laboratory’ and ‘Restricted Data’ have the meanings 

23 given such terms in section 4502(g)).’’. 

24 (5) COUNTERINTELLIGENCE POLYGRAPH PRO25 GRAM.—
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1 (A) DEPARTMENT OF ENERGY COUNTER2 INTELLIGENCE POLYGRAPH PROGRAM.—Section 

3 3152 of the National Defense Authorization Act 

4 for Fiscal Year 2002 (Public Law 107–107; 115 

5 Stat. 1376) is—

6 (i) transferred to title XLV 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) redesignated as section 4504; 

11 (iii) inserted after section 4503, as 

12 added by paragraph (4); and 

13 (iv) amended in subsection (c) by 

14 striking ‘‘section 3154 of the Department of 

15 Energy Facilities Safeguards, Security, and 

16 Counterintelligence Enhancement Act of 

17 1999 (subtitle D of title XXXI of Public 

18 Law 106–65; 42 U.S.C. 7383h)’’ and insert19 ing ‘‘section 4504A’’. 

20 (B) COUNTERINTELLIGENCE POLYGRAPH

21 PROGRAM.—Section 3154 of the National Defense 

22 Authorization Act for Fiscal Year 2000 (Public 

23 Law 106–65; 113 Stat. 941), as amended by sec24 tion 3135 of the Floyd D. Spence National De25 fense Authorization Act for Fiscal Year 2001 (as 
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1 enacted into law by Public Law 106–398; 114 

2 Stat. 1654A–456), is—

3 (i) transferred to title XLV of division 

4 D of the Bob Stump National Defense Au5 thorization Act for Fiscal Year 2003, as 

6 amended by this subsection; 

7 (ii) redesignated as section 4504A; 

8 (iii) inserted after section 4504, as 

9 added by subparagraph (A); and 

10 (iv) amended in subsection (h) by 

11 striking ‘‘180 days after the date of the en12 actment of this Act,’’ and inserting ‘‘April 

13 5, 2000,’’. 

14 (6) NOTICE OF SECURITY AND COUNTERINTEL15 LIGENCE FAILURES.—Section 3150 of the National 

16 Defense Authorization Act for Fiscal Year 2000 (Pub17 lic Law 106–65; 113 Stat. 939) is—

18 (A) transferred to title XLV of division D of 

19 the Bob Stump National Defense Authorization 

20 Act for Fiscal Year 2003, as amended by this 

21 subsection; 

22 (B) redesignated as section 4505; 

23 (C) inserted after section 4504A, as added 

24 by paragraph (5)(B). 
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1 (7) ANNUAL REPORT ON SECURITY FUNCTIONS

2 AT NUCLEAR WEAPONS FACILITIES.—Section 3162 of 

3 the National Defense Authorization Act for Fiscal 

4 Year 1998 (Public Law 105–85; 111 Stat. 2049) 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 4506; 

10 (C) inserted after section 4505, as added by 

11 paragraph (6); and 

12 (D) amended in subsection (b) by inserting 

13 ‘‘of the National Defense Authorization Act for 

14 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

15 2048; 42 U.S.C. 7251 note)’’ after ‘‘section 

16 3161’’. 

17 (8) REPORT ON COUNTERINTELLIGENCE AND SE18 CURITY PRACTICES AT LABORATORIES.—Section 3152 

19 of the National Defense Authorization Act for Fiscal 

20 Year 2000 (Public Law 106–65; 113 Stat. 940) is—

21 (A) transferred to title XLV of division D of 

22 the Bob Stump National Defense Authorization 

23 Act for Fiscal Year 2003, as amended by this 

24 subsection; 

25 (B) redesignated as section 4507; 
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1 (C) inserted after section 4506, as added by 

2 paragraph (7); and 

3 (D) amended by adding at the end the fol4 lowing new subsection: 

5 ‘‘(c) NATIONAL LABORATORY DEFINED.—In this sec6 tion, the term ‘national laboratory’ has the meaning given 

7 that term in section 4502(g)(3).’’. 

8 (9) REPORT ON SECURITY VULNERABILITIES OF

9 NATIONAL LABORATORY COMPUTERS.—Section 3153 of 

10 the National Defense Authorization Act for Fiscal 

11 Year 2000 (Public Law 106–65; 113 Stat. 940) is—

12 (A) transferred to title XLV of division D of 

13 the Bob Stump National Defense Authorization 

14 Act for Fiscal Year 2003, as amended by this 

15 subsection; 

16 (B) redesignated as section 4508; 

17 (C) inserted after section 4507, as added by 

18 paragraph (8); and 

19 (D) amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(f) NATIONAL LABORATORY DEFINED.—In this sec22 tion, the term ‘national laboratory’ has the meaning given 

23 that term in section 4502(g)(3).’’. 

24 (10) SUBTITLE HEADING ON CLASSIFIED INFOR25 MATION.—Title XLV of division D of the Bob Stump 
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1 National Defense Authorization Act for Fiscal Year 

2 2003, as amended by this subsection, is further 

3 amended by adding at the end the following new sub4 title heading: 

5 ‘‘Subtitle B—Classified 

6 Information’’. 

7 (11) REVIEW OF CERTAIN DOCUMENTS BEFORE

8 DECLASSIFICATION AND RELEASE.—Section 3155 of 

9 the National Defense Authorization Act for Fiscal 

10 Year 1996 (Public Law 104–106; 110 Stat. 625) is—

11 (A) transferred to title XLV of division D of 

12 the Bob Stump National Defense Authorization 

13 Act for Fiscal Year 2003, as amended by this 

14 subsection; 

15 (B) redesignated as section 4521; and 

16 (C) inserted after the heading for subtitle B 

17 of such title, as added by paragraph (10). 

18 (12) PROTECTION AGAINST INADVERTENT RE19 LEASE OF RESTRICTED DATA AND FORMERLY RE20 STRICTED DATA.—Section 3161 of the Strom Thur21 mond National Defense Authorization Act for Fiscal 

22 Year 1999 (Public Law 105–261; 112 Stat. 2259), as 

23 amended by section 1067(3) of the National Defense 

24 Authorization Act for Fiscal Year 2000 (Public Law 

25 106–65; 113 Stat. 774) and section 3193 of the Floyd 
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1 D. Spence National Defense Authorization Act for 

2 Fiscal Year 2001 (as enacted into law by Public Law 

3 106–398; 114 Stat. 1654A–480), is—

4 (A) transferred to title XLV of division D of 

5 the Bob Stump National Defense Authorization 

6 Act for Fiscal Year 2003, as amended by this 

7 subsection; 

8 (B) redesignated as section 4522; 

9 (C) inserted after section 4521, as added by 

10 paragraph (11); and 

11 (D) amended—

12 (i) in subsection (c)(1), by striking 

13 ‘‘the date of the enactment of this Act’’ and 

14 inserting ‘‘October 17, 1998,’’; 

15 (ii) in subsection (f)(1), by striking 

16 ‘‘the date of the enactment of this Act’’ and 

17 inserting ‘‘October 17, 1998’’; and 

18 (iii) in subsection (f)(2), by striking 

19 ‘‘The Secretary’’ and inserting ‘‘Com20 mencing with inadvertent releases discov21 ered on or after October 30, 2000, the Sec22 retary’’. 

23 (13) SUPPLEMENT TO PLAN FOR DECLASSIFICA24 TION OF RESTRICTED DATA AND FORMERLY RE25 STRICTED DATA.—Section 3149 of the National De-
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1 fense Authorization Act for Fiscal Year 2000 (Public 

2 Law 106–65; 113 Stat. 938) is—

3 (A) transferred to title XLV of division D of 

4 the Bob Stump National Defense Authorization 

5 Act for Fiscal Year 2003, as amended by this 

6 subsection; 

7 (B) redesignated as section 4523; 

8 (C) inserted after section 4522, as added by 

9 paragraph (12); and 

10 (D) amended—

11 (i) in subsection (a), by striking ‘‘sub12 section (a) of section 3161 of the Strom 

13 Thurmond National Defense Act for Fiscal 

14 Year 1999 (Public Law 105–261; 112 Stat. 

15 2260; 50 U.S.C. 435 note)’’ and inserting 

16 ‘‘subsection (a) of section 4522’’; 

17 (ii) in subsection (b)—

18 (I) by striking ‘‘section 3161(b)(1) 

19 of that Act’’ and inserting ‘‘subsection 

20 (b)(1) of section 4522’’; and 

21 (II) by striking ‘‘the date of the 

22 enactment of that Act’’ and inserting 

23 ‘‘October 17, 1998,’’; 

24 (iii) in subsection (c)—
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1 (I) by striking ‘‘section 3161(c) of 

2 that Act’’ and inserting ‘‘subsection (c) 

3 of section 4522’’; and 

4 (II) by striking ‘‘section 3161(a) 

5 of that Act’’ and inserting ‘‘subsection 

6 (a) of such section’’; and 

7 (iv) in subsection (d), by striking ‘‘sec8 tion 3161(d) of that Act’’ and inserting 

9 ‘‘subsection (d) of section 4522’’. 

10 (14) PROTECTION OF CLASSIFIED INFORMATION

11 DURING LABORATORY-TO-LABORATORY EXCHANGES.—

12 Section 3145 of the National Defense Authorization 

13 Act for Fiscal Year 2000 (Public Law 106–65; 113 

14 Stat. 935) 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 4524; and 

20 (C) inserted after section 4523, as added by 

21 paragraph (13). 

22 (15) IDENTIFICATION IN BUDGETS OF AMOUNT

23 FOR DECLASSIFICATION ACTIVITIES.—Section 3173 of 

24 the National Defense Authorization Act for Fiscal 

25 Year 2000 (Public Law 106–65; 113 Stat. 949) 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 4525; 

6 (C) inserted after section 4524, as added by 

7 paragraph (14); and 

8 (D) amended in subsection (b) by striking 

9 ‘‘the date of the enactment of this Act’’ and in10 serting ‘‘October 5, 1999,’’. 

11 (16) SUBTITLE HEADING ON EMERGENCY RE12 SPONSE.—Title XLV of division D of the Bob Stump 

13 National Defense Authorization Act for Fiscal Year 

14 2003, as amended by this subsection, is further 

15 amended by adding at the end the following new sub16 title heading: 

17 ‘‘Subtitle C—Emergency Response’’. 

18 (17) RESPONSIBILITY FOR DEFENSE PROGRAMS

19 EMERGENCY RESPONSE PROGRAM.—Section 3158 of 

20 the National Defense Authorization Act for Fiscal 

21 Year 1996 (Public Law 104–106; 110 Stat. 626) is—

22 (A) transferred to title XLV of division D of 

23 the Bob Stump National Defense Authorization 

24 Act for Fiscal Year 2003, as amended by this 

25 subsection; 
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1 (B) redesignated as section 4541; and 

2 (C) inserted after the heading for subtitle C 

3 of such title, as added by paragraph (16). 

4 (i) PERSONNEL MATTERS.—

5 (1) HEADINGS.—Division D of the Bob Stump 

6 National Defense Authorization Act for Fiscal Year 

7 2003, as amended by this section, is further amended 

8 by adding at the end the following new headings: 

9 ‘‘TITLE XLVI—PERSONNEL 

10 MATTERS 

11 ‘‘Subtitle A—Personnel 

12 Management’’. 

13 (2) AUTHORITY FOR APPOINTMENT OF CERTAIN

14 SCIENTIFIC, ENGINEERING, AND TECHNICAL PER15 SONNEL.—Section 3161 of the National Defense Au16 thorization Act for Fiscal Year 1995 (Public Law 

17 103–337; 108 Stat. 3095), as amended by section 

18 3139 of the National Defense Authorization Act for 

19 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

20 2040), sections 3152 and 3155 of the Strom Thur21 mond National Defense Authorization Act for Fiscal 

22 Year 1999 (Public Law 105–261; 112 Stat. 2253, 

23 2257), and section 3191 of the Floyd D. Spence Na24 tional Defense Authorization Act for Fiscal Year 2001 
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1 (as enacted into law by Public Law 106–398; 114 

2 Stat. 1654A–480), is—

3 (A) transferred to title XLVI 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 4601; and 

8 (C) inserted after the heading for subtitle A 

9 of such title, as so added. 

10 (3) WHISTLEBLOWER PROTECTION PROGRAM.—

11 Section 3164 of the National Defense Authorization 

12 Act for Fiscal Year 2000 (Public Law 106–65; 113 

13 Stat. 946) is—

14 (A) transferred to title XLVI 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 4602; 

19 (C) inserted after section 4601, as added by 

20 paragraph (2); and 

21 (D) amended in subsection (n) by striking 

22 ‘‘60 days after the date of the enactment of this 

23 Act,’’ and inserting ‘‘December 5, 1999,’’. 

24 (4) EMPLOYEE INCENTIVES FOR WORKERS AT

25 CLOSURE PROJECT FACILITIES.—Section 3136 of the 
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1 Floyd D. Spence National Defense Authorization Act 

2 for Fiscal Year 2001 (as enacted into law by Public 

3 Law 106–398; 114 Stat. 1654A–458) is—

4 (A) transferred to title XLVI of division D 

5 of the Bob Stump National Defense Authoriza6 tion Act for Fiscal Year 2003, as amended by 

7 this subsection; 

8 (B) redesignated as section 4603; 

9 (C) inserted after section 4602, as added by 

10 paragraph (3); and 

11 (D) amended—

12 (i) in subsections (c) and (i)(1)(A), by 

13 striking ‘‘section 3143 of the National De14 fense Authorization Act for Fiscal Year 

15 1997 (42 U.S.C. 7274n)’’ and inserting 

16 ‘‘section 4421’’; and 

17 (ii) in subsection (g), by striking ‘‘sec18 tion 3143(h) of the National Defense Au19 thorization Act for Fiscal Year 1997’’ and 

20 inserting ‘‘section 4421(h)’’. 

21 (5) DEFENSE NUCLEAR FACILITY WORKFORCE

22 RESTRUCTURING PLAN.—Section 3161 of the National 

23 Defense Authorization Act for Fiscal Year 1993 (Pub24 lic Law 102–484; 106 Stat. 2644), as amended by sec25 tion 1070(c)(2) of the National Defense Authorization 
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1 Act for Fiscal Year 1995 (Public Law 103–337; 108 

2 Stat. 2857), Public Law 105–277 (112 Stat. 2681–

3 419, 2681–430), and section 1048(h)(1) of the Na4 tional Defense Authorization Act for Fiscal Year 2002 

5 (Public Law 107–107; 115 Stat. 1229), 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 amended by 

9 this subsection; 

10 (B) redesignated as section 4604; 

11 (C) inserted after section 4603, as added by 

12 paragraph (4); and 

13 (D) amended—

14 (i) in subsection (a), by striking 

15 ‘‘(hereinafter in this subtitle referred to as 

16 the ‘Secretary’)’’; and 

17 (ii) by adding at the end the following 

18 new subsection: 

19 ‘‘(g) DEPARTMENT OF ENERGY DEFENSE NUCLEAR

20 FACILITY DEFINED.—In this section, the term ‘Department 

21 of Energy defense nuclear facility’ means—

22 ‘‘(1) a production facility or utilization facility 

23 (as those terms are defined in section 11 of the Atomic 

24 Energy Act of 1954 (42 U.S.C. 2014)) that is under 

25 the control or jurisdiction of the Secretary and that 
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1 is operated for national security purposes (including 

2 the tritium loading facility at Savannah River, 

3 South Carolina, the 236 H facility at Savannah 

4 River, South Carolina; and the Mound Laboratory, 

5 Ohio), but the term does not include any facility that 

6 does not conduct atomic energy defense activities and 

7 does not include any facility or activity covered by 

8 Executive Order Number 12344, dated February 1, 

9 1982, pertaining to the naval nuclear propulsion pro10 gram; 

11 ‘‘(2) a nuclear waste storage or disposal facility 

12 that is under the control or jurisdiction of the Sec13 retary; 

14 ‘‘(3) a testing and assembly facility that is 

15 under the control or jurisdiction of the Secretary and 

16 that is operated for national security purposes (in17 cluding the Nevada Test Site, Nevada; the Pinnellas 

18 Plant, Florida; and the Pantex facility, Texas); 

19 ‘‘(4) an atomic weapons research facility that is 

20 under the control or jurisdiction of the Secretary (in21 cluding Lawrence Livermore, Los Alamos, and 

22 Sandia National Laboratories); or 

23 ‘‘(5) any facility described in paragraphs (1) 

24 through (4) that—

25 ‘‘(A) is no longer in operation; 
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1 ‘‘(B) was under the control or jurisdiction 

2 of the Department of Defense, the Atomic Energy 

3 Commission, or the Energy Research and Devel4 opment Administration; and 

5 ‘‘(C) was operated for national security 

6 purposes.’’. 

7 (6) AUTHORITY TO PROVIDE CERTIFICATE OF

8 COMMENDATION TO EMPLOYEES.—Section 3195 of the 

9 Floyd D. Spence National Defense Authorization Act 

10 for Fiscal Year 2001 (as enacted into law by Public 

11 Law 106–398; 114 Stat. 1654A–481) is—

12 (A) transferred to title XLVI 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 4605; and 

17 (C) inserted after section 4604, as added by 

18 paragraph (5). 

19 (7) SUBTITLE HEADING ON TRAINING AND EDU20 CATION.—Title XLVI of division D of the Bob Stump 

21 National Defense Authorization Act for Fiscal Year 

22 2003, as amended by this subsection, is further 

23 amended by adding at the end the following new sub24 title heading: 
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1 ‘‘Subtitle B—Education and 

2 Training’’. 

3 (8) EXECUTIVE MANAGEMENT TRAINING.—Sec4 tion 3142 of the National Defense Authorization Act 

5 for Fiscal Years 1990 and 1991 (Public Law 101–

6 189; 103 Stat. 1680) is—

7 (A) transferred to title XLVI 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 4621; 

12 (C) inserted after the heading for subtitle B 

13 of such title, as added by paragraph (7); and 

14 (D) amended in the section heading by add15 ing a period at the end. 

16 (9) STOCKPILE STEWARDSHIP RECRUITMENT

17 AND TRAINING PROGRAM.—Section 3131 of the Na18 tional Defense Authorization Act for Fiscal Year 1995 

19 (Public Law 103–337; 108 Stat. 3085) is—

20 (A) transferred to title XLVI 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 4622; 
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1 (C) inserted after section 4621, as added by 

2 paragraph (8); and 

3 (D) amended—

4 (i) in subsection (a)(1), by striking 

5 ‘‘section 3138 of the National Defense Au6 thorization Act for Fiscal Year 1994 (Public 

7 Law 103–160; 107 Stat. 1946; 42 U.S.C. 

8 2121 note)’’ and inserting ‘‘section 4201’’; 

9 and 

10 (ii) in subsection (b)(2), by inserting 

11 ‘‘of the National Defense Authorization Act 

12 for Fiscal Year 1995 (Public Law 103–

13 337)’’ after ‘‘section 3101(a)(1)’’. 

14 (10) FELLOWSHIP PROGRAM FOR DEVELOPMENT

15 OF SKILLS CRITICAL TO NUCLEAR WEAPONS COM16 PLEX.—Section 3140 of the National Defense Author17 ization Act for Fiscal Year 1996 (Public Law 104–

18 106; 110 Stat 621), as amended by section 3162 of the 

19 National Defense Authorization Act for Fiscal Year 

20 2000 (Public Law 106–65; 113 Stat. 943), is—

21 (A) transferred to title XLVI of division D 

22 of the Bob Stump National Defense Authoriza23 tion Act for Fiscal Year 2003, as amended by 

24 this subsection; 

25 (B) redesignated as section 4623; and 
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1 (C) inserted after section 4622, as added by 

2 paragraph (9). 

3 (11) SUBTITLE HEADING ON WORKER SAFETY.—

4 Title XLVI of division D of the Bob Stump National 

5 Defense Authorization Act for Fiscal Year 2003, as 

6 amended by this subsection, is further amended by 

7 adding at the end the following new subtitle heading: 

8 ‘‘Subtitle C—Worker Safety’’. 

9 (12) WORKER PROTECTION AT NUCLEAR WEAP10 ONS FACILITIES.—Section 3131 of the National De11 fense Authorization Act for Fiscal Years 1992 and 

12 1993 (Public Law 102–190; 105 Stat. 1571) 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 4641; 

18 (C) inserted after the heading for subtitle C 

19 of such title, as added by paragraph (11); and 

20 (D) amended in subsection (e) by inserting 

21 ‘‘of the National Defense Authorization Act for 

22 Fiscal Years 1992 and 1993 (Public Law 102–

23 190)’’ after ‘‘section 3101(9)(A)’’. 

24 (13) SAFETY OVERSIGHT AND ENFORCEMENT AT

25 DEFENSE NUCLEAR FACILITIES.—Section 3163 of the 
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1 National Defense Authorization Act for Fiscal Year 

2 1995 (Public Law 103–337; 108 Stat. 3097) is—

3 (A) transferred to title XLVI 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 4642; 

8 (C) inserted after section 4641, as added by 

9 paragraph (12); and 

10 (D) amended in subsection (b) by striking 

11 ‘‘90 days after the date of the enactment of this 

12 Act,’’ and inserting ‘‘January 5, 1995,’’. 

13 (14) PROGRAM TO MONITOR WORKERS AT DE14 FENSE NUCLEAR FACILITIES EXPOSED TO HAZARDOUS

15 OR RADIOACTIVE SUBSTANCES.—Section 3162 of the 

16 National Defense Authorization Act for Fiscal Year 

17 1993 (Public Law 102–484; 106 Stat. 2646) 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 4643; 

23 (C) inserted after section 4642, as added by 

24 paragraph (13); and 

25 (D) amended—
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1 (i) in subsection (b)(6), by striking ‘‘1 

2 year after the date of the enactment of this 

3 Act’’ and inserting ‘‘October 23, 1993’’; 

4 (ii) in subsection (c), by striking ‘‘180 

5 days after the date of the enactment of this 

6 Act,’’ and inserting ‘‘April 23, 1993,’’; and 

7 (iii) by adding at the end the following 

8 new subsection: 

9 ‘‘(c) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘Department of Energy defense 

11 nuclear facility’ has the meaning given that term in 

12 section 4604(g). 

13 ‘‘(2) The term ‘Department of Energy employee’ 

14 means any employee of the Department of Energy 

15 employed at a Department of Energy defense nuclear 

16 facility, including any employee of a contractor of 

17 subcontractor of the Department of Energy employed 

18 at such a facility.’’. 

19 (j) BUDGET AND FINANCIAL MANAGEMENT MAT20 TERS.—

21 (1) HEADINGS.—Division D of the Bob Stump 

22 National Defense Authorization Act for Fiscal Year 

23 2003, as amended by this section, is further amended 

24 by adding at the end the following new headings: 
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1 ‘‘TITLE XLVII—BUDGET AND FI2 NANCIAL MANAGEMENT MAT3 TERS 

4 ‘‘Subtitle A—Recurring National 

5 Security Authorization Provisions’’. 

6 (2) RECURRING NATIONAL SECURITY AUTHOR7 IZATION PROVISIONS.—Sections 3620 through 3631 of 

8 the Bob Stump National Defense Authorization Act 

9 for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 

10 2756) are—

11 (A) transferred to title XLVII of division D 

12 of such Act, as added by paragraph (1); 

13 (B) redesignated as sections 4701 through 

14 4712, respectively; 

15 (C) inserted after the heading for subtitle A 

16 of such title, as so added; and 

17 (D) amended—

18 (i) in section 4702, as so redesignated, 

19 by striking ‘‘sections 3629 and 3630’’ and 

20 inserting ‘‘sections 4710 and 4711’’; 

21 (ii) in section 4706(a)(3)(B), as so re22 designated, by striking ‘‘section 3626’’ and 

23 inserting ‘‘section 4707’’; 
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1 (iii) in section 4707(c), as so redesig2 nated, by striking ‘‘section 3625(b)(2)’’ and 

3 inserting ‘‘section 4706(b)(2)’’; 

4 (iv) in section 4710(c), as so redesig5 nated, by striking ‘‘section 3621’’ and in6 serting ‘‘section 4702’’; 

7 (v) in section 4711(c), as so redesig8 nated, by striking ‘‘section 3621’’ and in9 serting ‘‘section 4702’’; and 

10 (vi) in section 4712, as so redesignated, 

11 by striking ‘‘section 3621’’ and inserting 

12 ‘‘section 4702’’. 

13 (3) SUBTITLE HEADING ON PENALTIES.—Title 

14 XLVII of division D of the Bob Stump National De15 fense 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 B—Penalties’’. 

19 (4) RESTRICTION ON USE OF FUNDS TO PAY PEN20 ALTIES UNDER ENVIRONMENTAL LAWS.—Section 3132 

21 of the National Defense Authorization Act for Fiscal 

22 Year 1987 (Public Law 99–661; 100 Stat. 4063) is—

23 (A) transferred to title XLVII 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 4721; 

4 (C) inserted after the heading for subtitle B 

5 of such title, as added by paragraph (3); and 

6 (D) amended in the section heading by add7 ing a period at the end. 

8 (5) RESTRICTION ON USE OF FUNDS TO PAY PEN9 ALTIES UNDER CLEAN AIR ACT.—Section 211 of the 

10 Department of Energy National Security and Mili11 tary Applications of Nuclear Energy Authorization 

12 Act of 1981 (Public Law 96–540; 94 Stat. 3203) is—

13 (A) transferred to title XLVII 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 4721, as added by 

18 paragraph (4); and 

19 (C) amended—

20 (i) by striking the section heading and 

21 inserting the following new section heading: 

22 ‘‘SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PEN23 ALTIES UNDER CLEAN AIR ACT.’’; 

24 (ii) by striking SEC. 211.’’; and 
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1 (iii) by striking ‘‘this or any other 

2 Act’’ and inserting ‘‘the Department of En3 ergy National Security and Military Appli4 cations of Nuclear Energy Authorization 

5 Act of 1981 (Public Law 96–540) or any 

6 other Act’’. 

7 (6) SUBTITLE HEADING ON OTHER MATTERS.—

8 Title XLVII of division D of the Bob Stump National 

9 Defense Authorization Act for Fiscal Year 2003, as 

10 amended by this subsection, is further amended by 

11 adding at the end the following new subtitle heading: 

12 ‘‘Subtitle C—Other Matters’’. 

13 (7) SINGLE REQUEST FOR AUTHORIZATION OF

14 APPROPRIATIONS FOR COMMON DEFENSE AND SECU15 RITY PROGRAMS.—Section 208 of the Department of 

16 Energy National Security and Military Applications 

17 of Nuclear Energy Authorization Act of 1979 (Public 

18 Law 95–509; 92 Stat. 1779) is—

19 (A) transferred to title XLVII 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 the heading for subtitle C 

24 of such title, as added by paragraph (6); and 

25 (C) amended—
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1 (i) by striking the section heading and 

2 inserting the following new section heading: 

3 ‘‘SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF AP4 PROPRIATIONS FOR COMMON DEFENSE AND 

5 SECURITY PROGRAMS.’’; and 

6 (ii) by striking ‘‘SEC. 208.’’. 

7 (k) ADMINISTRATIVE MATTERS.—

8 (1) HEADINGS.—Division D of the Bob Stump 

9 National Defense Authorization Act for Fiscal Year 

10 2003, as amended by this section, is further amended 

11 by adding at the end the following new headings: 

12 ‘‘TITLE XLVIII—ADMINISTRATIVE 

13 MATTERS 

14 ‘‘Subtitle A—Contracts’’. 

15 (2) COSTS NOT ALLOWED UNDER CERTAIN CON16 TRACTS.—Section 1534 of the Department of Defense 

17 Authorization Act, 1986 (Public Law 99–145; 99 

18 Stat. 774), as amended by section 3131 of the Na19 tional Defense Authorization Act for Fiscal Years 

20 1988 and 1989 (Public Law 100–180; 101 Stat. 

21 1238), is—

22 (A) transferred to title XLVIII of division 

23 D of the Bob Stump National Defense Authoriza24 tion Act for Fiscal Year 2003, as added by para25 graph (1); 
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1 (B) redesignated as section 4801; 

2 (C) inserted after the heading for subtitle A 

3 of such title, as so added; and 

4 (D) amended—

5 (i) in the section heading, by adding a 

6 period at the end; and 

7 (ii) in subsection (b)(1), by striking 

8 ‘‘the date of the enactment of this Act,’’ and 

9 inserting ‘‘November 8, 1985,’’. 

10 (3) PROHIBITION ON BONUSES TO CONTRACTORS

11 OPERATING DEFENSE NUCLEAR FACILITIES.—Section 

12 3151 of the National Defense Authorization Act for 

13 Fiscal Years 1990 and 1991 (Public Law 101–189; 

14 103 Stat. 1682) is—

15 (A) transferred to title XLVIII of division 

16 D of the Bob Stump National Defense Authoriza17 tion Act for Fiscal Year 2003, as amended by 

18 this subsection; 

19 (B) redesignated as section 4802; 

20 (C) inserted after section 4801, as added by 

21 paragraph (2); and 

22 (D) amended—

23 (i) in the section heading, by adding a 

24 period at the end; 
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1 (ii) in subsection (a), by striking ‘‘the 

2 date of the enactment of this Act’’ and in3 serting ‘‘November 29, 1989’’; 

4 (iii) in subsection (b), by striking ‘‘6 

5 months after the date of the enactment of 

6 this Act,’’ and inserting ‘‘May 29, 1990,’’; 

7 and 

8 (iv) in subsection (d), by striking ‘‘90 

9 days after the date of the enactment of this 

10 Act’’ and inserting ‘‘March 1, 1990’’. 

11 (4) CONTRACTOR LIABILITY FOR INJURY OR LOSS

12 OF PROPERTY ARISING FROM ATOMIC WEAPONS TEST13 ING PROGRAMS.—Section 3141 of the National De14 fense Authorization Act for Fiscal Year 1991 (Public 

15 Law 101–510; 104 Stat. 1837) is—

16 (A) transferred to title XLVIII of division 

17 D of the Bob Stump National Defense Authoriza18 tion Act for Fiscal Year 2003, as amended by 

19 this subsection; 

20 (B) redesignated as section 4803; 

21 (C) inserted after section 4802, as added by 

22 paragraph (3); and 

23 (D) amended—

24 (i) in the section heading, by adding a 

25 period at the end; and 
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1 (ii) in subsection (d), by striking ‘‘the 

2 date of the enactment of this Act’’ each 

3 place it appears and inserting ‘‘November 

4 5, 1990,’’. 

5 (5) SUBTITLE HEADING ON RESEARCH AND DE6 VELOPMENT.—Title XLVIII of division D of the Bob 

7 Stump National Defense Authorization Act for Fiscal 

8 Year 2003, as amended by this subsection, is further 

9 amended by adding at the end the following new sub10 title heading: 

11 ‘‘Subtitle B—Research and 

12 Development’’. 

13 (6) LABORATORY-DIRECTED RESEARCH AND DE14 VELOPMENT.—Section 3132 of the National Defense 

15 Authorization Act for Fiscal Year 1991 (Public Law 

16 101–510; 104 Stat. 1832) is—

17 (A) transferred to title XLVIII of division 

18 D of the Bob Stump National Defense Authoriza19 tion Act for Fiscal Year 2003, as amended by 

20 this subsection; 

21 (B) redesignated as section 4811; 

22 (C) inserted after the heading for subtitle B 

23 of such title, as added by paragraph (5); and 

24 (D) amended in the section heading by add25 ing a period at the end. 
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1 (7) LIMITATIONS ON USE OF FUNDS FOR LAB2 ORATORY DIRECTED RESEARCH AND DEVELOP3 MENT.—

4 (A) LIMITATIONS ON USE OF FUNDS FOR

5 LABORATORY DIRECTED RESEARCH AND DEVEL6 OPMENT.—Section 3137 of the National Defense 

7 Authorization Act for Fiscal Year 1998 (Public 

8 Law 105–85; 111 Stat. 2038) is—

9 (i) transferred to title XLVIII of divi10 sion D of the Bob Stump National Defense 

11 Authorization Act for Fiscal Year 2003, as 

12 amended by this subsection; 

13 (ii) redesignated as section 4812; 

14 (iii) inserted after section 4811, as 

15 added by paragraph (6); and 

16 (iv) amended—

17 (I) in subsection (b), by striking 

18 ‘‘section 3136(b) of the National De19 fense Authorization Act for Fiscal Year 

20 1997 (Public Law 104–201; 110 Stat. 

21 2831; 42 U.S.C. 7257b)’’ and inserting 

22 ‘‘section 4812A(b)’’; 

23 (II) in subsection (d)—
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1 (aa) by striking ‘‘section 

2 3136(b)(1)’’ and inserting ‘‘sec3 tion 4812A(b)(1)’’; and 

4 (bb) by striking ‘‘section 

5 3132(c) of the National Defense 

6 Authorization Act for Fiscal Year 

7 1991 (42 U.S.C. 7257a(c))’’ and 

8 inserting ‘‘section 4811(c)’’; and 

9 (III) in subsection (e), by striking 

10 ‘‘section 3132(d) of the National De11 fense Authorization Act for Fiscal Year 

12 1991 (42 U.S.C. 7257a(d))’’ and in13 serting ‘‘section 4811(d)’’. 

14 (B) LIMITATION ON USE OF FUNDS FOR

15 CERTAIN RESEARCH AND DEVELOPMENT PUR16 POSES.—Section 3136 of the National Defense 

17 Authorization Act for Fiscal Year 1997 (Public 

18 Law 104–201; 110 Stat. 2830), as amended by 

19 section 3137 of the National Defense Authoriza20 tion Act for Fiscal Year 1998 (Public Law 105–

21 85; 111 Stat. 2038), is—

22 (i) transferred to title XLVIII of divi23 sion D of the Bob Stump National Defense 

24 Authorization Act for Fiscal Year 2003, as 

25 amended by this subsection; 
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1 (ii) redesignated as section 4812A; 

2 (iii) inserted after section 4812, as 

3 added by paragraph (7); and 

4 (iv) amended in subsection (a) by in5 serting ‘‘of the National Defense Authoriza6 tion Act for Fiscal Year 1997 (Public Law 

7 104–201)’’ after ‘‘section 3101’’. 

8 (8) CRITICAL TECHNOLOGY PARTNERSHIPS.—

9 Section 3136 of the National Defense Authorization 

10 Act for Fiscal Years 1992 and 1993 (Public Law 

11 102–190; 105 Stat. 1577), as amended by section 

12 203(b)(3) of Public Law 103–35 (107 Stat. 102), is—

13 (A) transferred to title XLVIII of division 

14 D of the Bob Stump National Defense Authoriza15 tion Act for Fiscal Year 2003, as amended by 

16 this subsection; 

17 (B) redesignated as section 4813; and 

18 (C) inserted after section 4812A, as added 

19 by paragraph (7)(B). 

20 (9) UNIVERSITY-BASED RESEARCH COLLABORA21 TION PROGRAM.—Section 3155 of the National De22 fense Authorization Act for Fiscal Year 1998 (Public 

23 Law 105–85; 111 Stat. 2044) 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 4814; 

4 (C) inserted after section 4813, as added by 

5 paragraph (8); and 

6 (D) amended in subsection (c) by striking 

7 ‘‘this title’’ and inserting ‘‘title XXXI of the Na8 tional Defense Authorization Act for Fiscal Year 

9 1998 (Public Law 105–85)’’. 

10 (10) SUBTITLE HEADING ON FACILITIES MAN11 AGEMENT.—Title XLVIII of division D of the Bob 

12 Stump National Defense Authorization Act for Fiscal 

13 Year 2003, as amended by this subsection, is further 

14 amended by adding at the end the following new sub15 title heading: 

16 ‘‘Subtitle C—Facilities 

17 Management’’. 

18 (11) TRANSFERS OF REAL PROPERTY AT CER19 TAIN FACILITIES.—Section 3158 of the National De20 fense Authorization Act for Fiscal Year 1998 (Public 

21 Law 105–85; 111 Stat. 2046) is—

22 (A) transferred to title XLVIII of division 

23 D of the Bob Stump National Defense Authoriza24 tion Act for Fiscal Year 2003, as amended by 

25 this subsection; 
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1 (B) redesignated as section 4831; and 

2 (C) inserted after the heading for subtitle C 

3 of such title, as added by paragraph (10). 

4 (12) ENGINEERING AND MANUFACTURING RE5 SEARCH, DEVELOPMENT, AND DEMONSTRATION AT

6 CERTAIN NUCLEAR WEAPONS PRODUCTION PLANTS.—

7 Section 3156 of the Floyd D. Spence National Defense 

8 Authorization Act for Fiscal Year 2001 (as enacted 

9 into law by Public Law 106–398; 114 Stat. 1654A–

10 467) is—

11 (A) transferred to title XLVIII of division 

12 D of the Bob Stump National Defense Authoriza13 tion Act for Fiscal Year 2003, as amended by 

14 this subsection; 

15 (B) redesignated as section 4832; and 

16 (C) inserted after section 4831, as added by 

17 paragraph (11). 

18 (13) PILOT PROGRAM ON USE OF PROCEEDS OF

19 DISPOSAL OR UTILIZATION OF CERTAIN ASSETS.—

20 Section 3138 of the National Defense Authorization 

21 Act for Fiscal Year 1998 (Public Law 105–85; 111 

22 Stat. 2039) 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 4833; 

4 (C) inserted after section 4832, as added by 

5 paragraph (12); and 

6 (D) amended in subsection (d) by striking 

7 ‘‘sections 202 and 203(j) of the Federal Property 

8 and Administrative Services Act of 1949 (40 

9 U.S.C. 483 and 484(j))’’ and inserting ‘‘sub10 chapter II of chapter 5 and section 549 of title 

11 40, United States Code,’’. 

12 (14) SUBTITLE HEADING ON OTHER MATTERS.—

13 Title XLVIII of division D of the Bob Stump Na14 tional Defense Authorization Act for Fiscal Year 

15 2003, as amended by this subsection, is further 

16 amended by adding at the end the following new sub17 title heading: 

18 ‘‘Subtitle D—Other Matters’’. 

19 (15) SEMIANNUAL REPORTS ON LOCAL IMPACT

20 ASSISTANCE.—Subsection (f) of section 3153 of the 

21 National Defense Authorization Act for Fiscal Year 

22 1998 (Public Law 105–85; 111 Stat. 2044) 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) inserted after the heading for subtitle D 

4 of such title, as added by paragraph (14); and 

5 (C) amended—

6 (i) by inserting before the text the fol7 lowing new section heading: 

8 ‘‘SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT AS9 SISTANCE.’’; 

10 (ii) by striking ‘‘(f) SEMIANNUAL RE11 PORTS ON LOCAL IMPACT ASSISTANCE.—’’; 

12 and 

13 (iii) by striking ‘‘section 3161(c)(6) of 

14 the National Defense Authorization Act of 

15 Fisca Year 1993 (42 U.S.C. 7274h(c)(6))’’ 

16 and inserting ‘‘section 4604(c)(6)’’. 

17 (l) MATTERS RELATING TO PARTICULAR FACILI18 TIES.—

19 (1) HEADINGS.—Division D of the Bob Stump 

20 National Defense Authorization Act for Fiscal Year 

21 2003, as amended by this section, is further amended 

22 by adding at the end the following new headings: 
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1 ‘‘TITLE XLIX—MATTERS RELAT2 ING TO PARTICULAR FACILI3 TIES 

4 ‘‘Subtitle A—Hanford Reservation, 

5 Washington’’. 

6 (2) SAFETY MEASURES FOR WASTE TANKS.—Sec7 tion 3137 of the National Defense Authorization Act 

8 for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 

9 1833) is—

10 (A) transferred to title XLIX of division D 

11 of the Bob Stump National Defense Authoriza12 tion Act for Fiscal Year 2003, as added by para13 graph (1); 

14 (B) redesignated as section 4901; 

15 (C) inserted after the heading for subtitle A 

16 of such title, as so added; and 

17 (D) amended—

18 (i) in the section heading, by adding a 

19 period at the end; 

20 (ii) in subsection (a), by striking 

21 ‘‘Within 90 days after the date of the enact22 ment of this Act,’’ and inserting ‘‘Not later 

23 than February 3, 1991,’’; 

24 (iii) in subsection (b), by striking 

25 ‘‘Within 120 days after the date of the en-
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1 actment of this Act,’’ and inserting ‘‘Not 

2 later than March 5, 1991,’’; 

3 (iv) in subsection (c), by striking ‘‘Be4 ginning 120 days after the date of the en5 actment of this Act,’’ and inserting ‘‘Begin6 ning March 5, 1991,’’; and 

7 (v) in subsection (d), by striking 

8 ‘‘Within six months of the date of the enact9 ment of this Act,’’ and inserting ‘‘Not later 

10 than May 5, 1991,’’. 

11 (3) PROGRAMS FOR PERSONS WHO MAY HAVE

12 BEEN EXPOSED TO RADIATION RELEASED FROM HAN13 FORD RESERVATION.—Section 3138 of the National 

14 Defense Authorization Act for Fiscal Year 1991 (Pub15 lic Law 101–510; 104 Stat. 1834), as amended by sec16 tion 3138 of the National Defense Authorization Act 

17 for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 

18 3087), 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 4902; 

24 (C) inserted after section 4901, as added by 

25 paragraph (2); and 
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1 (D) amended—

2 (i) in the section heading, by adding a 

3 period at the end; 

4 (ii) in subsection (a), by striking ‘‘this 

5 title’’ and inserting ‘‘title XXXI of the Na6 tional Defense Authorization Act for Fiscal 

7 Year 1991 (Public Law 101–510)’’; and 

8 (iii) in subsection (c)—

9 (I) in paragraph (2), by striking 

10 ‘‘six months after the date of the enact11 ment of this Act,’’ and inserting ‘‘May 

12 5, 1991,’’; and 

13 (II) in paragraph (3), by striking 

14 ‘‘18 months after the date of the enact15 ment of this Act,’’ and inserting ‘‘May 

16 5, 1992,’’. 

17 (4) WASTE TANK CLEANUP PROGRAM.—Section 

18 3139 of the Strom Thurmond National Defense Au19 thorization Act for Fiscal Year 1999 (Public Law 

20 105–261; 112 Stat. 2250), as amended by section 

21 3141 of the Floyd D. Spence National Defense Au22 thorization Act for Fiscal Year 2001 (as enacted into 

23 law by Public Law 106–398; 114 Stat. 1654A–463) 

24 and section 3135 of the National Defense Authoriza-
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1 tion Act for Fiscal Year 2002 (Public Law 107–107; 

2 115 Stat. 1368), is—

3 (A) transferred to title XLIX 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 4903; 

8 (C) inserted after section 4902, as added by 

9 paragraph (3); and 

10 (D) amended in subsection (d) by striking 

11 ‘‘30 days after the date of the enactment of the 

12 Floyd D. Spence National Defense Authorization 

13 Act for Fiscal Year 2001,’’ and inserting ‘‘No14 vember 29, 2000,’’. 

15 (5) RIVER PROTECTION PROJECT.—Subsection 

16 (a) of section 3141 of the Floyd D. Spence National 

17 Defense Authorization Act for Fiscal Year 2001 (as 

18 enacted into law by Public Law 106–398; 114 Stat. 

19 1654A–462) 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) inserted after section 4903, as added by 

25 paragraph (4); and 
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1 (C) amended—

2 (i) by inserting before the text the fol3 lowing new section heading: 

4 ‘‘SEC. 4904. RIVER PROTECTION PROJECT.’’; and 

5 (ii) by striking ‘‘(a) REDESIGNATION

6 OF PROJECT.—’’. 

7 (6) FUNDING FOR TERMINATION COSTS OF RIVER

8 PROTECTION PROJECT.—Section 3131 of the Floyd D. 

9 Spence National Defense Authorization Act for Fiscal 

10 Year 2001 (as enacted into law by Public Law 106–

11 398; 114 Stat. 1654A–454) is—

12 (A) transferred to title XLIX 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 4905; 

17 (C) inserted after section 4904, as added by 

18 paragraph (5); and 

19 (D) amended—

20 (i) by striking ‘‘section 3141’’ and in21 serting ‘‘section 4904’’; and 

22 (ii) by striking ‘‘the date of the enact23 ment of this Act’’ and inserting ‘‘October 

24 30, 2000’’. 
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1 (7) SUBTITLE HEADING ON SAVANNAH RIVER

2 SITE, SOUTH CAROLINA.—Title XLIX of division D of 

3 the Bob Stump National Defense Authorization Act 

4 for Fiscal Year 2003, as amended by this subsection, 

5 is further amended by adding at the end the following 

6 new subtitle heading: 

7 ‘‘Subtitle B—Savannah River Site, 

8 South Carolina’’. 

9 (8) ACCELERATED SCHEDULE FOR ISOLATING

10 HIGH-LEVEL NUCLEAR WASTE AT DEFENSE WASTE

11 PROCESSING FACILITY.—Section 3141 of the National 

12 Defense Authorization Act for Fiscal Year 1997 (Pub13 lic Law 104–201; 110 Stat. 2834) is—

14 (A) transferred to title XLIX 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 4911; and 

19 (C) inserted after the heading for subtitle B 

20 of such title, as added by paragraph (7). 

21 (9) MULTI-YEAR PLAN FOR CLEAN-UP.—Sub22 section (e) of section 3142 of the National Defense Au23 thorization Act for Fiscal Year 1997 (Public Law 

24 104–201; 110 Stat. 2834) 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 4911, as added by 

6 paragraph (8); and 

7 (C) amended—

8 (i) by inserting before the text the fol9 lowing new section heading: 

10 ‘‘SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.’’; and 

11 (ii) by striking ‘‘(e) MULTI-YEAR PLAN

12 FOR CLEAN-UP AT SAVANNAH RIVER

13 SITE.—The Secretary’’ and inserting ‘‘The 

14 Secretary of Energy’’. 

15 (10) CONTINUATION OF PROCESSING, TREAT16 MENT, AND DISPOSAL OF LEGACY NUCLEAR MATE17 RIALS.—

18 (A) FISCAL YEAR 2001.—Subsection (a) of 

19 section 3137 of the Floyd D. Spence National 

20 Defense Authorization Act for Fiscal Year 2001 

21 (as enacted into law by Public Law 106–398; 

22 114 Stat 1654A–460) 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 4912, as 

4 added by paragraph (9); and 

5 (iii) amended—

6 (I) by inserting before the text the 

7 following new section heading: 

8 ‘‘SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT, 

9 AND DISPOSAL OF LEGACY NUCLEAR MATE10 RIALS.’’; and 

11 (II) by striking ‘‘(a) CONTINU12 ATION.—’’. 

13 (B) FISCAL YEAR 2000.—Section 3132 of 

14 the National Defense Authorization Act for Fis15 cal Year 2000 (Public Law 106–65; 113 Stat. 

16 924) is—

17 (i) transferred to title XLIX of division 

18 D of the Bob Stump National Defense Au19 thorization Act for Fiscal Year 2003, as 

20 amended by this subsection; 

21 (ii) redesignated as section 4913A; and 

22 (iii) inserted after section 4913, as 

23 added by subparagraph (A). 

24 (C) FISCAL YEAR 1999.—Section 3135 of 

25 the Strom Thurmond National Defense Author-
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1 ization Act for Fiscal Year 1999 (Public Law 

2 105–261; 112 Stat. 2248) is—

3 (i) transferred to title XLIX of division 

4 D of the Bob Stump National Defense Au5 thorization Act for Fiscal Year 2003, as 

6 amended by this subsection; 

7 (ii) redesignated as section 4913B; and 

8 (iii) inserted after section 4913A, as 

9 added by subparagraph (B). 

10 (D) FISCAL YEAR 1998.—Subsection (b) of 

11 section 3136 of the National Defense Authoriza12 tion Act for Fiscal Year 1998 (Public Law 105–

13 85; 111 Stat. 2038) is—

14 (i) transferred to title XLIX of division 

15 D of the Bob Stump National Defense Au16 thorization Act for Fiscal Year 2003, as 

17 amended by this subsection; 

18 (ii) inserted after section 4913B, as 

19 added by subparagraph (C); and 

20 (iii) amended—

21 (I) by inserting before the text the 

22 following new section heading: 
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1 ‘‘SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT, 

2 AND DISPOSAL OF LEGACY NUCLEAR MATE3 RIALS.’’; and 

4 (II) by striking ‘‘(b) REQUIRE5 MENT FOR CONTINUING OPERATIONS

6 AT SAVANNAH RIVER SITE.—’’. 

7 (E) FISCAL YEAR 1997.—Subsection (f) of 

8 section 3142 of the National Defense Authoriza9 tion Act for Fiscal Year 1997 (Public Law 104–

10 201; 110 Stat. 2836) is—

11 (i) transferred to title XLIX of division 

12 D of the Bob Stump National Defense Au13 thorization Act for Fiscal Year 2003, as 

14 amended by this subsection; 

15 (ii) inserted after section 4913C, as 

16 added by subparagraph (D); and 

17 (iii) amended—

18 (I) by inserting before the text the 

19 following new section heading: 

20 ‘‘SEC. 4913D. CONTINUATION OF PROCESSING, TREATMENT, 

21 AND DISPOSAL OF LEGACY NUCLEAR MATE22 RIALS.’’; 

23 (II) by striking ‘‘(f) REQUIRE24 MENT FOR CONTINUING OPERATIONS

25 AT SAVANNAH RIVER SITE.—The Sec-
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1 retary’’ and inserting ‘‘The Secretary 

2 of Energy’’; and 

3 (III) by striking ‘‘subsection (e)’’ 

4 and inserting ‘‘section 4912’’. 

5 (11) LIMITATION ON USE OF FUNDS FOR DECOM6 MISSIONING F–CANYON FACILITY.—Subsection (b) of 

7 section 3137 of the Floyd D. Spence National Defense 

8 Authorization Act for Fiscal Year 2001 (as enacted 

9 into law by Public Law 106–398; 114 Stat. 1654A–

10 460) is—

11 (A) transferred to title XLIX 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) inserted after section 4913D, as added 

16 by paragraph (10)(E); and 

17 (C) amended—

18 (i) by inserting before the text the fol19 lowing new section heading: 

20 ‘‘SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOMMIS21 SIONING F–CANYON FACILITY.’’; 

22 (ii) by striking ‘‘(b) LIMITATION ON

23 USE OF FUNDS FOR DECOMMISSIONING F–

24 CANYON FACILITY.—’’; 
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1 (iii) by striking ‘‘this or any other 

2 Act’’ and inserting ‘‘the Floyd D. Spence 

3 National Defense Authorization Act for Fis4 cal Year 2001 (as enacted into law by Pub5 lic Law 106–398) or any other Act’’; and 

6 (iv) by striking ‘‘the Secretary’’ in the 

7 matter preceding paragraph (1) and insert8 ing ‘‘the Secretary of Energy’’. 

9 (12) DISPOSITION OF PLUTONIUM.—

10 (A) DISPOSITION OF WEAPONS USABLE PLU11 TONIUM.—Section 3182 of the Bob Stump Na12 tional Defense Authorization Act for Fiscal Year 

13 2003 (Public Law 107–314; 116 Stat. 2747) is—

14 (i) transferred to title XLIX of division 

15 D of such Act, as amended by this sub16 section; 

17 (ii) redesignated as section 4915; and 

18 (iii) inserted after section 4914, as 

19 added by paragraph (11). 

20 (B) DISPOSITION OF SURPLUS DEFENSE

21 PLUTONIUM.—Section 3155 of the National De22 fense Authorization Act for Fiscal Year 2002 

23 (Public Law 107–107; 115 Stat. 1378) is—

24 (i) transferred to title XLIX of division 

25 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) redesignated as section 4915A; and 

4 (iii) inserted after section 4915, as 

5 added by subparagraph (A). 

6 (13) SUBTITLE HEADING ON OTHER FACILI7 TIES.—Title XLIX of division D of the Bob Stump 

8 National Defense Authorization Act for Fiscal Year 

9 2003, as amended by this subsection, is further 

10 amended by adding at the end the following new sub11 title heading: 

12 ‘‘Subtitle C—Other Facilities’’. 

13 (14) PAYMENT OF COSTS OF OPERATION AND

14 MAINTENANCE OF INFRASTRUCTURE AT NEVADA TEST

15 SITE.—Section 3144 of the National Defense Author16 ization Act for Fiscal Year 1997 (Public Law 104–

17 201; 110 Stat. 2838) is—

18 (A) transferred to title XLIX of division D 

19 of such Act, as amended by this subsection; 

20 (B) redesignated as section 4921; and 

21 (C) inserted after the heading for subtitle C 

22 of such title, as added by paragraph (13). 

23 (m) CONFORMING AMENDMENTS.—(1) Title XXXVI of 

24 the Bob Stump National Defense Authorization Act for Fis-
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1 cal Year 2003 (Public Law 107–314; 116 Stat. 1756) is 

2 repealed. 

3 (2) Subtitle E of title XXXI of the National Defense 

4 Authorization Act for Fiscal Year 1993 (Public Law 102–

5 484; 42 U.S.C. 7274h et seq.) is repealed. 

6 (3) Section 8905a(d)(5)(A) of title 5, United States 

7 Code, is amended by striking ‘‘section 3143 of the National 

8 Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 

9 7274n)’’ and inserting ‘‘section 4421 of the Atomic Energy 

10 Defense Act’’.

11 TITLE XXXII—DEFENSE NU12 CLEAR FACILITIES SAFETY 

13 BOARD

14 SEC. 3201. AUTHORIZATION. 

15 There are authorized to be appropriated for fiscal year 

16 2004, $19,559,000 for the operation of the Defense Nuclear 

17 Facilities Safety Board under chapter 21 of the Atomic En18 ergy Act of 1954 (42 U.S.C. 2286 et seq.).

19 TITLE XXXIII—NATIONAL 

20 DEFENSE STOCKPILE

21 SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 

22 STOCKPILE FUNDS. 

23 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis24 cal year 2004, the National Defense Stockpile Manager may 

25 obligate up to $69,701,000 of the funds in the National De-
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1 fense Stockpile Transaction Fund established under sub2 section (a) of section 9 of the Strategic and Critical Mate3 rials Stock Piling Act (50 U.S.C. 98h) for the authorized 

4 uses of such funds under subsection (b)(2) of such section, 

5 including the disposal of hazardous materials that are envi6 ronmentally sensitive. 

7 (b) ADDITIONAL OBLIGATIONS.—The National Defense 

8 Stockpile Manager may obligate amounts in excess of the 

9 amount specified in subsection (a) if the National Defense 

10 Stockpile Manager notifies Congress that extraordinary or 

11 emergency conditions necessitate the additional obligations. 

12 The National Defense Stockpile Manager may make the ad13 ditional obligations described in the notification after the 

14 end of the 45-day period beginning on the date on which 

15 Congress receives the notification. 

16 (c) LIMITATIONS.—The authorities provided by this 

17 section shall be subject to such limitations as may be pro18 vided in appropriations Acts.

19 SEC. 3302. REVISIONS TO OBJECTIVES FOR RECEIPTS FOR 

20 FISCAL YEAR 2000 DISPOSALS. 

21 (a) IN GENERAL.—Section 3402(b) of the National De22 fense Authorization Act for Fiscal Year 2000 (Public Law 

23 106–65; 113 Stat. 972; 59 U.S.C. 98d note) is amended—

24 (1) by striking ‘‘and’’ at the end of paragraph 

25 (2); and 
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1 (2) by striking paragraph (3) and inserting the 

2 following new paragraphs: 

3 ‘‘(3) $310,000,000 before the end of fiscal year 

4 2008; and 

5 ‘‘(4) $320,000,000 before the end of fiscal year 

6 2009.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) shall take effect on October 1, 2003, or the date 

9 of the enactment of this Act, whichever is later.

10 TITLE XXXIV—NAVAL 

11 PETROLEUM RESERVES

12 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) AMOUNT.—There are hereby authorized to be ap14 propriated to the Secretary of Energy $16,500,000 for fiscal 

15 year 2004 for the purpose of carrying out activities under 

16 chapter 641 of title 10, United States Code, relating to the 

17 naval petroleum reserves. 

18 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

19 pursuant to the authorization of appropriations in sub20 section (a) shall remain available until expended.
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1 TITLE XXXV—MARITIME 

2 ADMINISTRATION 

3 Subtitle A—General Provisions 

4 SEC. 3501. SHORT TITLE. 

5 This title may be cited as the ‘‘Maritime Security Act 

6 of 2003’’. 

7 SEC. 3502. DEFINITIONS. 

8 In this subtitle:

9 (1) BULK CARGO.—The term ‘‘bulk cargo’’ means 

10 cargo that is loaded and carried in bulk without 

11 mark or count. 

12 (2) CONTRACTOR.—The term ‘‘contractor’’ means 

13 an owner or operator of a vessel that enters into an 

14 operating agreement for the vessel with the Secretary 

15 under section 3512. 

16 (3) FLEET.—The term ‘‘Fleet’’ means the Mari17 time Security Fleet established under section 3511(a). 

18 (4) FOREIGN COMMERCE.—The term ‘‘foreign 

19 commerce’’—

20 (A) subject to subparagraph (B), means 

21 commerce or trade between the United States, its 

22 territories or possessions, or the District of Co23 lumbia, and a foreign country; and 

24 (B) includes, in the case of liquid and dry 

25 bulk cargo carrying services, trading between for-
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1 eign ports in accordance with normal commer2 cial bulk shipping practices in such manner as 

3 will permit United States-documented vessels 

4 freely to compete with foreign-flag bulk carrying 

5 vessels in their operation or in competing for 

6 charters, subject to rules and regulations promul7 gated by the Secretary of Transportation pursu8 ant to subtitle B or C. 

9 (5) FORMER PARTICIPATING FLEET VESSEL.—

10 The term ‘‘former participating fleet vessel’’ means—

11 (A) any vessel that—

12 (i) on October 1, 2005—

13 (I) will meet the requirements of 

14 paragraph (1), (2), (3), or (4) of sec15 tion 3511(c); and 

16 (II) will be less than 25 years of 

17 age, or less than 30 years of age in the 

18 case of a LASH vessel; and 

19 (ii) on December 31, 2003, is covered 

20 by an operating agreement under subtitle B 

21 of title VI of the Merchant Marine Act, 1936 

22 (46 App. U.S.C. 1187 et seq.); and 

23 (B) any vessel that—

24 (i) is a replacement for a vessel de25 scribed in subparagraph (A); 
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1 (ii) is controlled by the person that 

2 controls such replaced vessel; 

3 (iii) is eligible to be included in the 

4 Fleet under section 3511(b); 

5 (iv) is approved by the Secretary and 

6 the Secretary of Defense; and 

7 (v) begins operation under an oper8 ating agreement under subtitle B by not 

9 later than the end of the 30-month period 

10 beginning on the date the operating agree11 ment is entered into by the Secretary. 

12 (6) LASH VESSEL.—The term ‘‘LASH vessel’’ 

13 means a lighter aboard ship vessel. 

14 (7) PERSON.—The term ‘‘person’’ includes cor15 porations, partnerships, and associations existing 

16 under or authorized by the laws of the United States, 

17 or any State, Territory, District, or possession there18 of, or of any foreign country. 

19 (8) PRODUCT TANK VESSEL.—The term ‘‘product 

20 tank vessel’’ means a double hulled tank vessel capable 

21 of carrying simultaneously more than 2 separated 

22 grades of refined petroleum products. 

23 (9) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Transportation. 
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1 (10) UNITED STATES.—The term ‘‘United 

2 States’’ includes the District of Columbia, the Com3 monwealth of Puerto Rico, the Northern Mariana Is4 lands, Guam, American Samoa, the Virgin Islands. 

5 (11) UNITED STATES-DOCUMENTED VESSEL.—

6 The term ‘‘United States-documented vessel’’ means a 

7 vessel documented under chapter 121 of title 46, 

8 United States Code. 

9 Subtitle B—Maritime Security Fleet 

10 SEC. 3511. ESTABLISHMENT OF MARITIME SECURITY FLEET. 

11 (a) IN GENERAL.—The Secretary of Transportation 

12 shall establish a fleet of active, militarily useful, privately 

13 owned vessels to meet national defense and other security 

14 requirements and maintain a United States presence in 

15 international commercial shipping. The Fleet shall consist 

16 of privately owned, United States-documented vessels for 

17 which there are in effect operating agreements under this 

18 subtitle, and shall be known as the Maritime Security Fleet. 

19 (b) VESSEL ELIGIBILITY.—A vessel is eligible to be in20 cluded in the Fleet if—

21 (1) the vessel meets the requirements of para22 graph (1), (2), (3), or (4) of subsection (c); 

23 (2) the vessel is operated (or in the case of a ves24 sel to be constructed, will be operated) in providing 

25 transportation in foreign commerce; 
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1 (3) the vessel is self-propelled and is—

2 (A) a roll-on/roll-off vessel with a carrying 

3 capacity of at least 80,000 square feet or 500 

4 twenty-foot equivalent units and that is 15 years 

5 of age or less on the date the vessel is included 

6 in the Fleet; 

7 (B) a tank vessel that is constructed in the 

8 United States after the date of the enactment of 

9 this subtitle; 

10 (C) a tank vessel that is 10 years of age or 

11 less on the date the vessel is included in the 

12 Fleet; 

13 (D) a LASH vessel that is 25 years of age 

14 or less on the date the vessel is included in the 

15 Fleet; or 

16 (E) any other type of vessel that is 15 years 

17 of age or less on the date the vessel is included 

18 in the Fleet; 

19 except that the Secretary of Transportation shall 

20 waive the application of an age restriction under this 

21 paragraph if the waiver is requested by the Secretary 

22 of Defense; 

23 (4) the vessel is determined by the Secretary of 

24 Defense to be suitable for use by the United States for 
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1 national defense or military purposes in time of war 

2 or national emergency; and 

3 (5) the vessel—

4 (A) is a United States-documented vessel; or 

5 (B) is not a United States-documented ves6 sel, but—

7 (i) the owner of the vessel has dem8 onstrated an intent to have the vessel docu9 mented under chapter 121 of title 46, 

10 United States Code, if it is included in the 

11 Fleet; and 

12 (ii) at the time an operating agree13 ment for the vessel is entered into under this 

14 subtitle, the vessel is eligible for documenta15 tion under chapter 121 of title 46, United 

16 States Code. 

17 (c) REQUIREMENTS REGARDING CITIZENSHIP OF

18 OWNERS AND CHARTERERS.—

19 (1) VESSEL OWNED AND OPERATED BY SECTION

20 2 CITIZENS.—A vessel meets the requirements of this 

21 paragraph if, during the period of an operating 

22 agreement under this subtitle that applies to the ves23 sel, the vessel will be owned and operated by persons 

24 one or more persons that are citizens of the United 
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1 States under section 2 of the Shipping Act, 1916 (46 

2 App. U.S.C. 802).

3 (2) VESSEL OWNED BY SECTION 2 CITIZEN AND

4 CHARTERED TO DOCUMENTATION CITIZEN.—A vessel 

5 meets the requirements of this paragraph if—

6 (A) during the period of an operating agree7 ment under this subtitle that applies to the ves8 sel, the vessel will be—

9 (i) owned by a person that is a citizen 

10 of the United States under section 2 of the 

11 Shipping Act, 1916 (46 App. U.S.C. 802); 

12 and 

13 (ii) demise chartered to a person—

14 (I) that is eligible to document the 

15 vessel under chapter 121 of title 46, 

16 United States Code; 

17 (II) the chairman of the board of 

18 directors, chief executive officer, and a 

19 majority of the members of the board of 

20 directors of which are citizens of the 

21 United States under section 2 of the 

22 Shipping Act, 1916 (46 App. U.S.C. 

23 802), and are appointed and subjected 

24 to removal only upon approval by the 

25 Secretary; and 
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1 (III) that certifies that there are 

2 no treaties, statutes, regulations, or 

3 other laws that would prohibit the con4 tractor for the vessel from performing 

5 its obligations under an operating 

6 agreement under this subtitle; and 

7 (B) in the case of a vessel that will be char8 tered to a person that is owned or controlled by 

9 another person that is not a citizen of the United 

10 States under section 2 of the Shipping Act, 1916 

11 (46 App. U.S.C. 802), the other person enters 

12 into an agreement with the Secretary not to in13 fluence the operation of the vessel in a manner 

14 that will adversely affect the interests of the 

15 United States.

16 (3) VESSEL OWNED AND OPERATED BY DEFENSE

17 CONTRACTOR.—A vessel meets the requirements of this 

18 paragraph if, during the period of an operating 

19 agreement under this subtitle that applies to the ves20 sel, the vessel will be owned and operated by one or 

21 more persons that—

22 (A) are eligible to document a vessel under 

23 chapter 121 of title 46, United States Code; 

24 (B) operates or manages other United 

25 States-documented vessels for the Secretary of 
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1 Defense, or charters other vessels to the Secretary 

2 of Defense; 

3 (C) has entered into a Special Security 

4 Agreement for purposes of this paragraph with 

5 the Secretary of Defense; 

6 (D) makes the certification described in 

7 paragraph (2)(A)(ii)(III); and 

8 (E) in the case of a vessel described in 

9 paragraph (2)(B), enters into an agreement re10 ferred to in that paragraph. 

11 (4) VESSEL OWNED BY DOCUMENTATION CITIZEN

12 AND CHARTERED TO SECTION 2 CITIZEN.—A vessel 

13 meets the requirements of this paragraph if, during 

14 the period of an operating agreement under this sub15 title that applies to the vessel, the vessel will be—

16 (A) owned by a person that is eligible to 

17 document a vessel under chapter 121 of title 46, 

18 United States Code; and 

19 (B) demise chartered to a person that is a 

20 citizen of the United States under section 2 of 

21 the Shipping Act, 1916 (46 App. U.S.C. 802). 

22 (d) REQUEST BY SECRETARY OF DEFENSE.—The Sec23 retary of Defense shall request the Secretary of Homeland 

24 Security to issue any waiver under the first section of Pub-
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1 lic Law 81–891 (64 Stat. 1120; 46 App. U.S.C. note prec. 

2 3) that is necessary for purposes of this subtitle. 

3 SEC. 3512. AWARD OF OPERATING AGREEMENTS. 

4 (a) IN GENERAL.—The Secretary shall require, as a 

5 condition of including any vessel in the Fleet, that the per6 son that is the owner or charterer of the vessel for purposes 

7 of section 3511(c) enter into an operating agreement with 

8 the Secretary under this section. 

9 (b) PROCEDURE FOR APPLICATIONS.—

10 (1) ACCEPTANCE OF APPLICATIONS.—Beginning 

11 no later than 30 days after the effective date of this 

12 subtitle, the Secretary shall accept applications for 

13 enrollment of vessels in the Fleet. 

14 (2) ACTION ON APPLICATIONS.—Within 90 days 

15 after receipt of an application for enrollment of a ves16 sel in the Fleet, the Secretary shall enter into an oper17 ating agreement with the applicant or provide in 

18 writing the reason for denial of that application. 

19 (c) PRIORITY FOR AWARDING AGREEMENTS.—

20 (1) IN GENERAL.—Subject to the availability of 

21 appropriations, the Secretary shall enter into oper22 ating agreements according to the following priority: 

23 (A) NEW TANK VESSELS.—First, for any 

24 tank vessel that—
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1 (i) is constructed in the United States 

2 after the effective date of this subtitle; 

3 (ii) is eligible to be included in the 

4 Fleet under section 3511(b); and 

5 (iii) during the period of an operating 

6 agreement under this subtitle that applies to 

7 the vessel, will be owned and operated by 

8 one or more persons that are citizens of the 

9 United States under section 2 of the Ship10 ping Act, 1916 (46 App. U.S.C. 802), 

11 except that the Secretary shall not enter into op12 erating agreements under this subparagraph for 

13 more than 5 such vessels. 

14 (B) FORMER PARTICIPATING VESSELS.—

15 Second, to the extent amounts are available after 

16 applying subparagraphs (A), for any former 

17 participating fleet vessel, except that the Sec18 retary shall not enter into operating agreements 

19 under this subparagraph for more than 47 ves20 sels. 

21 (C) CERTAIN VESSELS OPERATED BY SEC22 TION 2 CITIZENS.—Third, to the extent amounts 

23 are available after applying subparagraphs (A) 

24 and (B), for any other vessel that is eligible to 

25 be included in the Fleet under section 3511(b), 
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1 and that, during the period of an operating 

2 agreement under this subtitle that applies to the 

3 vessel, will be—

4 (i) owned and operated by one or more 

5 persons that are citizens of the United 

6 States under section 2 of the Shipping Act, 

7 1916 (46 App. U.S.C. 802); or

8 (ii) owned by a person that is eligible 

9 to document the vessel under chapter 121 of 

10 title 46, United States Code, and operated 

11 by a person that is a citizen of the United 

12 States under section 2 of the Shipping Act, 

13 1916 (46 App. U.S.C. 802). 

14 (D) OTHER ELIGIBLE VESSELS.—Fourth, to 

15 the extent amounts are available after applying 

16 subparagraphs (A), (B), and (C), for any other 

17 vessel that is eligible to be included in the Fleet 

18 under section 3511(b).

19 (2) REDUCTION IN NUMBER OF SLOTS FOR

20 FORMER PARTICIPATING FLEET VESSELS.—The num21 ber in paragraph (1)(B) shall be reduced by 1—

22 (A) for each former participating fleet vessel 

23 for which an application for enrollment in the 

24 Fleet is not received by the Secretary within the 
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1 90-day period beginning on the effective date of 

2 this subtitle; and 

3 (B) for each former participating fleet vessel 

4 for which an application for enrollment in the 

5 Fleet received by the Secretary is not approved 

6 by the Secretary of Defense within the 90-day 

7 period beginning on the date of such receipt. 

8 (3) DISCRETION WITHIN PRIORITY.—The Sec9 retary—

10 (A) subject to subparagraph (B), may 

11 award operating agreements within each pri12 ority under paragraph (1) as the Secretary con13 siders appropriate; and 

14 (B) shall award operating agreement within 

15 a priority— 

16 (i) in accordance with operational re17 quirements specified by the Secretary of De18 fense; and 

19 (ii) subject to the approval of the Sec20 retary of Defense. 

21 (4) TREATMENT OF TANK VESSEL TO BE RE22 PLACED.—(A) For purposes of the application of 

23 paragraph (1)(A) with respect to the award of an op24 erating agreement, the Secretary may treat an exist25 ing tank vessel that is eligible to be included in the 
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1 Fleet under section 3511(b) as a vessel that is con2 structed in the United States after the effective date 

3 of this subtitle, if—

4 (i) a binding contract for construction in 

5 the United States of a replacement vessel to be 

6 operated under the operating agreement is exe7 cuted by not later than 9 months after the first 

8 date amounts are available to carry out this sub9 title; and 

10 (ii) the replacement vessel is eligible to be 

11 included in the Fleet under section 3511(b). 

12 (B) No payment under this subtitle may be 

13 made for an existing tank vessel for which an oper14 ating agreement is awarded under this paragraph 

15 after the earlier of—

16 (i) 4 years after the first date amounts are 

17 available to carry out this subtitle; or 

18 (ii) the date of delivery of the replacement 

19 tank vessel. 

20 (d) LIMITATION.—The Secretary may not award oper21 ating agreements under this subtitle that require payments 

22 under section 3515 for a fiscal year for more than 60 vessels. 

23 SEC. 3513. EFFECTIVENESS OF OPERATING AGREEMENTS. 

24 (a) EFFECTIVENESS, GENERALLY.—The Secretary 

25 may enter into an operating agreement under this subtitle 
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1 for fiscal year 2006. Except as provided in subsection (b), 

2 the agreement shall be effective only for 1 fiscal year, but 

3 shall be renewable, subject to the availability of appropria4 tions, for each subsequent fiscal year through the end of fis5 cal year 2015. 

6 (b) VESSELS UNDER CHARTER TO U.S.—Unless an 

7 earlier date is requested by the applicant, the effective date 

8 for an operating agreement with respect to a vessel that is, 

9 on the date of entry into an operating agreement, on charter 

10 to the United States Government, other than a charter pur11 suant to an Emergency Preparedness Agreement under sec12 tion 3516, shall be the expiration or termination date of 

13 the Government charter covering the vessel, or any earlier 

14 date the vessel is withdrawn from that charter. 

15 (c) TERMINATION.—

16 (1) IN GENERAL.—If the contractor with respect 

17 to an operating agreement fails to comply with the 

18 terms of the agreement—

19 (A) the Secretary shall terminate the oper20 ating agreement; and 

21 (B) any budget authority obligated by the 

22 agreement shall be available to the Secretary to 

23 carry out this subtitle. 

24 (2) EARLY TERMINATION.—An operating agree25 ment under this subtitle shall terminate on a date 
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1 specified by the contractor if the contractor notifies 

2 the Secretary, by not later than 60 days before the ef3 fective date of the termination, that the contractor in4 tends to terminate the agreement. 

5 (d) NONRENEWAL FOR LACK OF FUNDS.—

6 (1) NOTIFICATION OF CONGRESS.—If, by the first 

7 day of a fiscal year, sufficient funds have not been 

8 appropriated under the authority provided by this 

9 subtitle for that fiscal year, then the Secretary shall 

10 notify the Congress that operating agreements author11 ized under this subtitle for which sufficient funds are 

12 not available will not be renewed for that fiscal year 

13 if sufficient funds are not appropriated by the 60th 

14 day of that fiscal year. 

15 (2) RELEASE OF VESSELS FROM OBLIGATIONS.—

16 If funds are not appropriated under the authority 

17 provided by this subtitle for any fiscal year by the 

18 60th day of that fiscal year, then each vessel covered 

19 by an operating agreement under this subtitle for 

20 which funds are not available—

21 (A) is thereby released from any further ob22 ligation under the operating agreement; 

23 (B) the owner or operator of the vessel may 

24 transfer and register such vessel under a foreign 

25 registry that is acceptable to the Secretary of 
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1 Transportation and the Secretary of Defense, 

2 notwithstanding section 9 of the Shipping Act, 

3 1916 (46 App. U.S.C. 808); and 

4 (C) if section 902 of the Merchant Marine 

5 Act, 1936 (46 App. U.S.C. 1242) is applicable to 

6 such vessel after registration of the vessel under 

7 such a registry, then the vessel is available to be 

8 requisitioned by the Secretary of Transportation 

9 pursuant to section 902 of such Act. 

10 SEC. 3514. OBLIGATIONS AND RIGHTS UNDER OPERATING 

11 AGREEMENTS. 

12 (a) OPERATION OF VESSEL.—An operating agreement 

13 under this subtitle shall require that, during the period a 

14 vessel is operating under the agreement—

15 (1) the vessel—

16 (A) shall be operated exclusively in the for17 eign commerce or in mixed foreign commerce 

18 and domestic trade allowed under a registry en19 dorsement issued under section 12105 of title 46, 

20 United States Code; and 

21 (B) shall not otherwise be operated in the 

22 coastwise trade; and 

23 (2) the vessel shall be documented under chapter 

24 121 of title 46, United States Code. 

25 (b) ANNUAL PAYMENTS BY SECRETARY.—
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1 (1) IN GENERAL.—An operating agreement 

2 under this subtitle shall require, subject to the avail3 ability of appropriations, that the Secretary make a 

4 payment each fiscal year to the contractor in accord5 ance with section 3515. 

6 (2) OPERATING AGREEMENT IS OBLIGATION OF

7 UNITED STATES GOVERNMENT.—An operating agree8 ment under this subtitle constitutes a contractual ob9 ligation of the United States Government to pay the 

10 amounts provided for in the agreement to the extent 

11 of actual appropriations. 

12 (c) DOCUMENTATION REQUIREMENT.—Each vessel 

13 covered by an operating agreement (including an agreement 

14 terminated under section 3513(c)(2)) shall remain docu15 mented under chapter 121 of title 46, United States Code, 

16 until the date the operating agreement would terminate ac17 cording to its terms. 

18 (d) NATIONAL SECURITY REQUIREMENTS.—

19 (1) IN GENERAL.—A contractor with respect to 

20 an operating agreement (including an agreement ter21 minated under section 3513(c)(2)) shall continue to be 

22 bound by the provisions of section 3516 until the date 

23 the operating agreement would terminate according to 

24 its terms. 
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1 (2) EMERGENCY PREPAREDNESS AGREEMENT.—

2 All terms and conditions of an Emergency Prepared3 ness Agreement entered into under section 3516 shall 

4 remain in effect until the date the operating agree5 ment would terminate according to its terms, except 

6 that the terms of such Emergency Preparedness Agree7 ment may be modified by the mutual consent of the 

8 contractor and the Secretary of Transportation and 

9 the Secretary of Defense. 

10 (e) TRANSFER OF OPERATING AGREEMENTS.—A con11 tractor under an operating agreement may transfer the 

12 agreement (including all rights and obligations under the 

13 agreement) to any person that is eligible to enter into that 

14 operating agreement under this subtitle, if the transfer is 

15 approved by the Secretary and the Secretary of Defense. 

16 SEC. 3515. PAYMENTS. 

17 (a) ANNUAL PAYMENT.—

18 (1) IN GENERAL.—The Secretary, subject to the 

19 availability of appropriations and the other provi20 sions of this section, shall pay to the contractor for 

21 an operating agreement, for each vessel that is covered 

22 by the operating agreement, an amount equal to—

23 (A) $2,600,000 for each of fiscal years 2006 

24 and 2007, and 
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1 (B) such amount, not less than $2,600,000, 

2 for each fiscal year thereafter for which the 

3 agreement is in effect as the Secretary, with the 

4 concurrence of the Secretary of Defense, considers 

5 to be necessary to meet the operational require6 ments of the Secretary of Defense. 

7 (2) TIMING.—The amount shall be paid in equal 

8 monthly installments at the end of each month. The 

9 amount shall not be reduced except as provided by 

10 this section. 

11 (b) CERTIFICATION REQUIRED FOR PAYMENT.—As a 

12 condition of receiving payment under this section for a fis13 cal year for a vessel, the contractor for the vessel shall cer14 tify, in accordance with regulations issued by the Secretary, 

15 that the vessel has been and will be operated in accordance 

16 with section 3514(a)(1) for at least 320 days in the fiscal 

17 year. Days during which the vessel is drydocked, surveyed, 

18 inspected, or repaired shall be considered days of operation 

19 for purposes of this subsection. 

20 (c) LIMITATIONS.—The Secretary of Transportation 

21 shall not make any payment under this subtitle for a vessel 

22 with respect to any days for which the vessel is—

23 (1) under a charter to the United States Govern24 ment, other than a charter pursuant to an Emergency 

25 Preparedness Agreement under section 3516; 
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1 (2) not operated or maintained in accordance 

2 with an operating agreement under this subtitle; or 

3 (3) more than—

4 (A) 25 years of age, except as provided in 

5 subparagraph (B) or (C); 

6 (B) 20 years of age, in the case of a tank 

7 vessel; or 

8 (C) 30 years of age, in the case of a LASH 

9 vessel. 

10 (d) REDUCTIONS IN PAYMENTS.—With respect to pay11 ments under this subtitle for a vessel covered by an oper12 ating agreement, the Secretary—

13 (1) except as provided in paragraph (2), shall 

14 not reduce any payment for the operation of the vessel 

15 to carry military or other preference cargoes under 

16 section 2631 of title 10, United States Code, the Act 

17 of March 26, 1934 (46 App. U.S.C. 1241–1), section 

18 901(a), 901(b), or 901b of the Merchant Marine Act, 

19 1936 (46 App. U.S.C. 1241(a), 1241(b), or 1241f), or 

20 any other cargo preference law of the United States; 

21 (2) shall not make any payment for any day 

22 that the vessel is engaged in transporting more than 

23 7,500 tons of civilian bulk preference cargoes pursu24 ant to section 901(a), 901(b), or 901b of the Merchant 
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1 Marine Act, 1936 (46 App. U.S.C. 1241(a), 1241(b), 

2 or 1241f), that is cargo; and 

3 (3) shall make a pro rata reduction in payment 

4 for each day less than 320 in a fiscal year that the 

5 vessel is not operated in accordance with section 

6 3514(a)(1), with days during which the vessel is 

7 drydocked or undergoing survey, inspection, or repair 

8 considered to be days on which the vessel is operated. 

9 SEC. 3516. NATIONAL SECURITY REQUIREMENTS. 

10 (a) EMERGENCY PREPAREDNESS AGREEMENT RE11 QUIRED.—The Secretary shall establish an Emergency Pre12 paredness Program under this section that is approved by 

13 the Secretary of Defense. Under the program, the Secretary 

14 shall include in each operating agreement under this sub15 title a requirement that the contractor enter into an Emer16 gency Preparedness Agreement under this section with the 

17 Secretary. The Secretary shall negotiate and enter into an 

18 Emergency Preparedness Agreement with each contractor as 

19 promptly as practicable after the contractor has entered 

20 into an operating agreement under this subtitle. 

21 (b) TERMS OF AGREEMENT.—

22 (1) IN GENERAL.—An Emergency Preparedness 

23 Agreement under this section shall require that upon 

24 a request by the Secretary of Defense during time of 

25 war or national emergency, or whenever determined 
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1 by the Secretary of Defense to be necessary for na2 tional security or contingency operation (as that term 

3 is defined in section 101 of title 10, United States 

4 Code), a contractor for a vessel covered by an oper5 ating agreement under this subtitle shall make avail6 able commercial transportation resources (including 

7 services). 

8 (2) BASIC TERMS.—(A) The basic terms of the 

9 Emergency Preparedness Agreement shall be estab10 lished (subject to subparagraph (B)) pursuant to con11 sultations among the Secretary and the Secretary of 

12 Defense. 

13 (B) In any Emergency Preparedness Agreement, 

14 the Secretary and a contractor may agree to addi15 tional or modifying terms appropriate to the contrac16 tor’s circumstances if those terms have been approved 

17 by the Secretary of Defense.

18 (c) PARTICIPATION AFTER EXPIRATION OF OPERATING

19 AGREEMENT.—Except as provided by section 3514(c), the 

20 Secretary may not require, through an Emergency Pre21 paredness Agreement or operating agreement, that a con22 tractor continue to participate in an Emergency Prepared23 ness Agreement after the operating agreement with the con24 tractor has expired according to its terms or is otherwise 

25 no longer in effect. After expiration of an Emergency Pre-
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1 paredness Agreement, a contractor may volunteer to con2 tinue to participate in such an agreement. 

3 (d) RESOURCES MADE AVAILABLE.—The commercial 

4 transportation resources to be made available under an 

5 Emergency Preparedness Agreement shall include vessels or 

6 capacity in vessels, intermodal systems and equipment, ter7 minal facilities, intermodal and management services, and 

8 other related services, or any agreed portion of such non9 vessel resources for activation as the Secretary of Defense 

10 may determine to be necessary, seeking to minimize disrup11 tion of the contractor’s service to commercial shippers. 

12 (e) COMPENSATION.—

13 (1) IN GENERAL.—The Secretary shall include in 

14 each Emergency Preparedness Agreement provisions 

15 approved by the Secretary of Defense under which the 

16 Secretary of Defense shall pay fair and reasonable 

17 compensation for all commercial transportation re18 sources provided pursuant to this section. 

19 (2) SPECIFIC REQUIREMENTS.—Compensation 

20 under this subsection—

21 (A) shall not be less than the contractor’s 

22 commercial market charges for like transpor23 tation resources; 

24 (B) shall be fair and reasonable considering 

25 all circumstances; 
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1 (C) shall be provided from the time that a 

2 vessel or resource is required by the Secretary of 

3 Defense until the time that it is redelivered to 

4 the contractor and is available to reenter com5 mercial service; and 

6 (D) shall be in addition to and shall not in 

7 any way reflect amounts payable under section 

8 3515. 

9 (f) TEMPORARY REPLACEMENT VESSELS.—Notwith10 standing section 2631 of title 10, United States Code, the 

11 Act of March 26, 1934 (46 App. U.S.C. 1241–1), section 

12 901(a), 901(b), or 901b of the Merchant Marine Act, 1936 

13 (46 App. U.S.C. 1241(a), 1241(b), or 1241f), or any other 

14 cargo preference law of the United States—

15 (1) a contractor may operate or employ in for16 eign commerce a foreign-flag vessel or foreign-flag ves17 sel capacity as a temporary replacement for a United 

18 States-documented vessel or United States-documented 

19 vessel capacity that is activated by the Secretary of 

20 Defense under an Emergency Preparedness Agreement 

21 or under a primary Department of Defense-approved 

22 sealift readiness program; and 

23 (2) such replacement vessel or vessel capacity 

24 shall be eligible during the replacement period to 

25 transport preference cargoes subject to section 2631 of 
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1 title 10, United States Code, the Act of March 26, 

2 1934 (46 App. U.S.C. 1241–1), and sections 901(a), 

3 901(b), and 901b of the Merchant Marine Act, 1936 

4 (46 App. U.S.C. 1241(a), 1241(b), and 1241b) to the 

5 same extent as the eligibility of the vessel or vessel ca6 pacity replaced. 

7 (g) REDELIVERY AND LIABILITY OF U.S. FOR DAM8 AGES.—

9 (1) IN GENERAL.—All commercial transportation 

10 resources activated under an Emergency Preparedness 

11 Agreement shall, upon termination of the period of 

12 activation, be redelivered to the contractor in the 

13 same good order and condition as when received, less 

14 ordinary wear and tear, or the Secretary of Defense 

15 shall fully compensate the contractor for any nec16 essary repair or replacement. 

17 (2) LIMITATION ON LIABILITY OF U.S.—Except 

18 as may be expressly agreed to in an Emergency Pre19 paredness Agreement, or as otherwise provided by 

20 law, the Government shall not be liable for disruption 

21 of a contractor’s commercial business or other con22 sequential damages to a contractor arising from acti23 vation of commercial transportation resources under 

24 an Emergency Preparedness Agreement. 
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1 SEC. 3517. REGULATORY RELIEF. 

2 (a) OPERATION IN FOREIGN COMMERCE.—A con3 tractor for a vessel included in an operating agreement 

4 under this subtitle may operate the vessel in the foreign 

5 commerce of the United States without restriction. 

6 (b) OTHER RESTRICTIONS.—The restrictions of section 

7 901(b)(1) of the Merchant Marine Act, 1936 (46 App. 

8 U.S.C. 1241(b)(1)) concerning the building, rebuilding, or 

9 documentation of a vessel in a foreign country shall not 

10 apply to a vessel for any day the operator of that vessel 

11 is receiving payments for operation of that vessel under an 

12 operating agreement under this subtitle. 

13 SEC. 3518. SPECIAL RULE REGARDING AGE OF FORMER 

14 PARTICIPATING FLEET VESSEL. 

15 Sections 3511(b)(3) and 3515(c)(3) shall not apply to 

16 a former participating fleet vessel described in section 

17 3502(5)(A), during the 30-month period referred to in sec18 tion 3502(5)(B)(v) with respect to the vessel, if the Sec19 retary determines that the contractor for the vessel has en20 tered into an arrangement to obtain and operate under the 

21 operating agreement for the former participating fleet vessel 

22 a replacement vessel that, upon commencement of such oper23 ation, will be eligible to be included in the Fleet under sec24 tion 3511(b).
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1 SEC. 3519. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated for payments 

3 under section 3515, to remain available until expended, 

4 $156,000,000 for each of fiscal years 2006 and 2007, and 

5 such sums as may be necessary for each fiscal year there6 after through fiscal year 2015. 

7 SEC. 3520. AMENDMENT TO SHIPPING ACT, 1916. 

8 Section 9 of the Shipping Act, 1916 (46 App. U.S.C. 

9 808) is amended by adding at the end the following: 

10 ‘‘(e) Notwithstanding subsection (c)(2), the Merchant 

11 Marine Act, 1936, or any contract entered into with the 

12 Secretary of Transportation under that Act, a vessel may 

13 be placed under a foreign registry, without approval of the 

14 Secretary, if—

15 ‘‘(1)(A) the Secretary, with the concurrence of 

16 the Secretary of Defense, determines that at least one 

17 replacement vessel of like capability and of a capacity 

18 that is equivalent or greater, as measured by dead19 weight tons, gross tons, or container equivalent units, 

20 as appropriate, is documented under chapter 121 of 

21 title 46, United States Code, by the owner of the vessel 

22 placed under the foreign registry; and 

23 ‘‘(B) the replacement vessel is not more than 10 

24 years of age on the date of that documentation; and 
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1 ‘‘(2) an operating agreement covering the vessel 

2 under the Maritime Security Act of 2003 has ex3 pired.’’.

4 SEC. 3521. REGULATIONS. 

5 (a) IN GENERAL.—The Secretary of Transportation 

6 and the Secretary of Defense may each prescribe rules as 

7 necessary to carry out this subtitle and the amendments 

8 made by this subtitle. 

9 (b) INTERIM RULES.—The Secretary of Transpor10 tation and the Secretary of Defense may each prescribe in11 terim rules necessary to carry out this subtitle and the 

12 amendments made by this subtitle. For this purpose, the 

13 Secretaries are excepted from compliance with the notice 

14 and comment requirements of section 553 of title 5, United 

15 States Code. All interim rules prescribed under the author16 ity of this subsection that are not earlier superseded by final 

17 rules shall expire no later than 270 days after the effective 

18 date of this subtitle. 

19 SEC. 3522. REPEALS AND CONFORMING AMENDMENTS. 

20 (a) REPEALS.—The following provisions are repealed: 

21 (1) Subtitle B of title VI of the Merchant Marine 

22 Act, 1936 (46 App. U.S.C. 1187 et seq.). 

23 (2) Section 804 of the Merchant Marine Act, 

24 1936 (46 App. U.S.C. 1222). 
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1 (b) CONFORMING AMENDMENT.—Section 12102(d)(4) 

2 of title 46, United States Code, is amended by inserting 

3 ‘‘or section 3511(b) of the Maritime Security Act of 2003’’ 

4 after ‘‘Merchant Marine Act, 1936’’. 

5 SEC. 3523. EFFECTIVE DATES. 

6 (a) IN GENERAL.—Except as provided in subsections 

7 (b) and (c), this subtitle shall take effect October 1, 2004. 

8 (b) REPEALS AND CONFORMING AMENDMENTS.—Sec9 tion 3522 shall take effect October 1, 2005. 

10 (c) REGULATIONS.—Section 3521 and this section 

11 shall take effect on the date of the enactment of this Act.

12 Subtitle C—National Defense Tank 

13 Vessel Construction Assistance 

14 SEC. 3531. NATIONAL DEFENSE TANK VESSEL CONSTRUC15 TION PROGRAM. 

16 The Secretary of Transportation shall establish a pro17 gram for the provision of financial assistance for the con18 struction in the United States of a fleet of up to 5 privately 

19 owned product tank vessels—

20 (1) to be operated in commercial service in for21 eign commerce; and 

22 (2) to be available for national defense purposes 

23 in time of war or national emergency pursuant to an 

24 Emergency Preparedness Plan approved by the Sec-
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1 retary of Defense pursuant to section 3533(e) of this 

2 subtitle. 

3 SEC. 3532. APPLICATION PROCEDURE. –

4 (a) REQUEST FOR PROPOSALS.—Within 90 days after 

5 the date of the enactment of this subtitle, and on an as6 needed basis thereafter, the Secretary, in consultation with 

7 the Secretary of Defense, shall publish in the Federal Reg8 ister a request for competitive proposals for the construction 

9 of new product tank vessels necessary to meet the commer10 cial and national security needs of the United States and 

11 to be built with assistance under this subtitle. 

12 (b) QUALIFICATION.—Any citizen of the United States 

13 or any shipyard in the United States may submit a pro14 posal to the Secretary of Transportation for purposes of 

15 constructing a product tank vessel with assistance under 

16 this subtitle. 

17 (c) REQUIREMENT.—The Secretary, with the concur18 rence of the Secretary of Defense, may enter into an agree19 ment with the submitter of a proposal for assistance under 

20 this subtitle if the Secretary determines that—

21 (1) the plans and specifications call for construc22 tion of a new product tank vessel of not less than 

23 35,000 deadweight tons and not greater than 60,000 

24 deadweight tons, that—
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1 (A) will meet the requirements of foreign 

2 commerce; 

3 (B) is capable of carrying militarily useful 

4 petroleum products, and will be suitable for na5 tional defense or military purposes in time of 

6 war, national emergency, or other military con7 tingency; and 

8 (C) will meet the construction standards 

9 necessary to be documented under the laws of the 

10 United States; 

11 (2) the shipyard in which the vessel will be con12 structed has the necessary capacity and expertise to 

13 successfully construct the proposed number and type 

14 of product tank vessels in a reasonable period of time 

15 as determined by the Secretary of Transportation, 

16 taking into consideration the recent prior commercial 

17 shipbuilding history of the proposed shipyard in de18 livering a vessel or series of vessels on time and in ac19 cordance with the contract price and specifications; 

20 and 

21 (3) the person proposed to be the operator of the 

22 proposed vessel possesses the ability, experience, finan23 cial resources, and any other qualifications deter24 mined to be necessary by the Secretary for the oper25 ation and maintenance of the vessel. 
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1 (d) PRIORITY.—The Secretary—

2 (1) subject to paragraph (2), shall give priority 

3 consideration to a proposal submitted by a person 

4 that is a citizen of the United States under section 2 

5 of the Shipping Act, 1916 (46 App. U.S.C. 802); and 

6 (2) may give priority to consideration of pro7 posals that provide the best value to the Government, 

8 taking into consideration—

9 (A) the costs of vessel construction; and 

10 (B) the commercial and national security 

11 needs of the United States. 

12 SEC. 3533. AWARD OF ASSISTANCE. 

13 (a) IN GENERAL.—If after review of a proposal, the 

14 Secretary determines that the proposal fulfills the require15 ments under this subtitle, the Secretary may enter into a 

16 contract with the proposed purchaser and the proposed 

17 shipyard for the construction of a product tank vessel with 

18 assistance under this subtitle. 

19 (b) AMOUNT OF ASSISTANCE.—The contract shall pro20 vide that the Secretary shall pay, subject to the availability 

21 of appropriations, up to 75 percent of the actual construc22 tion cost of the vessel, but in no case more than $50,000,000 

23 per vessel. 

24 (c) CONSTRUCTION IN UNITED STATES.—A contract 

25 under this section shall require that construction of a vessel 
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1 with assistance under this subtitle shall be performed in a 

2 shipyard in the United States. 

3 (d) DOCUMENTATION OF VESSEL.—

4 (1) CONTRACT REQUIREMENT.—A contract under 

5 this section shall require that, upon delivery of a ves6 sel constructed with assistance under the contract, the 

7 vessel shall be documented under chapter 121 of title 

8 46, United States Code with a registry endorsement 

9 only. 

10 (2) RESTRICTION ON COASTWISE ENDORSE11 MENT.—A vessel constructed with assistance under 

12 this subtitle shall not be eligible for a certificate of 

13 documentation with a coastwise endorsement. 

14 (3) AUTHORITY TO REFLAG NOT APPLICABLE.—

15 Section 9(e) of the Shipping Act, 1916, (46 App. 

16 U.S.C. 808(e)) shall not apply to a vessel constructed 

17 with assistance under this subtitle.

18 (e) EMERGENCY PREPAREDNESS AGREEMENT.—

19 (1) IN GENERAL.—A contract under this section 

20 shall require that the person who will be the operator 

21 of a vessel constructed with assistance under the con22 tract shall enter into an Emergency Preparedness 

23 Agreement for the vessel under section 3516. 

24 (2) TREATMENT AS CONTRACTOR.—For purposes 

25 of the application, under paragraph (1), of section 
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1 3516 to a vessel constructed with assistance under 

2 this subtitle, the term ‘‘contractor’’ as used in section 

3 3516 means the person who will be the operator of a 

4 vessel constructed with assistance under this subtitle. 

5 (f) ADDITIONAL TERMS.—The Secretary shall incor6 porate in the contract the requirements set forth in this sub7 title, and may incorporate in the contract any additional 

8 terms the Secretary considers necessary. 

9 SEC. 3534. PRIORITY FOR TITLE XI ASSISTANCE. 

10 Section 1103 of the Merchant Marine Act, 1936 (46 

11 App. U.S.C. 1273) is amended by adding at the end the 

12 following: 

13 ‘‘(i) PRIORITY.—In guaranteeing and entering com14 mitments to guarantee under this section, the Secretary 

15 shall give priority to guarantees and commitments for ves16 sels that are otherwise eligible for a guarantee under this 

17 section and that are constructed with assistance under sub18 title C of the Maritime Security Act of 2003.’’. 

19 SEC. 3535. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated to the Sec21 retary to carry out this subtitle a total of $250,000,000 for 

22 fiscal years after fiscal year 2004. 
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1 Subtitle D—Maritime 

2 Administration Authorization 

3 SEC. 3541. AUTHORIZATION OF APPROPRIATIONS FOR MAR4 ITIME ADMINISTRATION FOR FISCAL YEAR 

5 2004. 

6 Funds are hereby authorized to be appropriated for fis7 cal year 2004, to be available without fiscal year limitation 

8 if so provided in appropriations Acts, for the use of the De9 partment of Transportation for the Maritime Administra10 tion as follows: 

11 (1) For expenses necessary for operations and 

12 training activities, $104,400,000, of which 

13 $13,000,000 is for capital improvements at the 

14 United States Merchant Marine Academy. 

15 (2) For expenses under the loan guarantee pro16 gram authorized by title XI of the Merchant Marine 

17 Act, 1936 (46 App. U.S.C. 1271 et seq.), $39,498,000, 

18 of which—

19 (A) $35,000,000 is for the cost (as defined 

20 in section 502(5) of the Federal Credit Reform 

21 Act of 1990 (2 U.S.C. 661a(5))) of loan guaran22 tees under the program; and 

23 (B) $4,498,000 is for administrative ex24 penses related to loan guarantee commitments 

25 under the program. 
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1 (3) For expenses to dispose of obsolete vessels in 

2 the National Defense Reserve Fleet, $20,000,000.

3 SEC. 3542. AUTHORITY TO CONVEY VESSEL USS HOIST 

4 (ARS–40). 

5 (a) IN GENERAL.—Notwithstanding any other law, the 

6 Secretary of Transportation may convey the right, title, 

7 and interest of the United States Government in and to the 

8 vessel USS HOIST (ARS–40), to the Last Patrol Museum, 

9 located in Toledo, Ohio (a not-for-profit corporation, in this 

10 section referred to as the ‘‘recipient’’), for use as a military 

11 museum, if—

12 (1) the recipient agrees to use the vessel as a 

13 nonprofit military museum; 

14 (2) the vessel is not used for commercial trans15 portation purposes; 

16 (3) the recipient agrees to make the vessel avail17 able to the Government when the Secretary requires 

18 use of the vessel by the Government; 

19 (4) the recipient agrees that when the recipient 

20 no longer requires the vessel for use as a military mu21 seum—

22 (A) the recipient will, at the discretion of 

23 the Secretary, reconvey the vessel to the Govern24 ment in good condition except for ordinary wear 

25 and tear; or 
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1 (B) if the Board of Trustees of the recipient 

2 has decided to dissolve the recipient according to 

3 the laws of the State of New York, then—

4 (i) the recipient shall distribute the 

5 vessel, as an asset of the recipient, to a per6 son that has been determined exempt from 

7 taxation under the provisions of section 

8 501(c)(3) of the Internal Revenue Code, or 

9 to the Federal Government or a State or 

10 local government for a public purpose; and 

11 (ii) the vessel shall be disposed of by a 

12 court of competent jurisdiction of the county 

13 in which the principal office of the recipient 

14 is located, for such purposes as the court 

15 shall determine, or to such organizations as 

16 the court shall determine are organized ex17 clusively for public purposes; 

18 (5) the recipient agrees to hold the Government 

19 harmless for any claims arising from exposure to as20 bestos, polychlorinated biphenyls, or lead paint after 

21 conveyance of the vessel, except for claims arising 

22 from use by the Government under paragraph (3) or 

23 (4); and 

24 (6) the recipient has available, for use to restore 

25 the vessel, in the form of cash, liquid assets, or a writ-
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1 ten loan commitment, financial resources of at least 

2 $100,000. 

3 (b) DELIVERY OF VESSEL.—If a conveyance is made 

4 under this section, the Secretary shall deliver the vessel at 

5 the place where the vessel is located on the date of enactment 

6 of this Act, in its present condition, and without cost to 

7 the Government. 

8 (c) OTHER UNNEEDED EQUIPMENT.—The Secretary 

9 may also convey any unneeded equipment from other vessels 

10 in the National Defense Reserve Fleet in order to restore 

11 the USS HOIST (ARS–40) to museum quality. 

12 (d) RETENTION OF VESSEL IN NDRF.—

13 (1) IN GENERAL.—The Secretary shall retain in 

14 the National Defense Reserve Fleet the vessel author15 ized to be conveyed under subsection (a), until the 

16 earlier of—

17 (A) 2 years after the date of the enactment 

18 of this Act; or 

19 (B) the date of conveyance of the vessel 

20 under subsection (a). 

21 (2) LIMITATION.—Paragraph (1) does not re22 quire the Secretary to retain the vessel in the Na23 tional Defense Reserve Fleet if the Secretary deter24 mines that retention of the vessel in the fleet will pose 

25 an unacceptable risk to the marine environment.
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Amend the title so as to read: ‘‘A bill 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.’’. 

Union Calendar No. 53

108TH CONGRESS 

1ST SESSION H. R. 1588

[Report No. 108–106] 

A BILL

To authorize appropriations for fiscal year 2004 for 

military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2004, and for other purposes. 

MAY 16, 2003

Reported with amendments, committed to the Committee 

of the Whole House on the State of the Union, and ordered to be printed