108TH CONGRESS

1ST SESSION H. R. 1588

AN ACT

To authorize appropriations for fiscal year 2004 for

military activities of the Department of Defense,for military construction, and for defense activities of the Department of Energy, to prescribepersonnel strengths for such fiscal year for theArmed Forces, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 1588

AN ACT

To authorize appropriations for fiscal year 2004 for military

activities of the Department of Defense, for military

construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for

such fiscal year for the Armed Forces, and for other

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

3 SECTION 1. SHORT TITLE.

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

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

7 CONTENTS.

8 (a) DIVISIONS.—This Act is organized into three divi9 sions as follows:

10 (1) Division A—Department of Defense Au11 thorizations.

12 (2) Division B—Military Construction Author13 izations.

14 (3) Division C—Department of Energy Na15 tional Security Authorizations and Other Authoriza16 tions.

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

18 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
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Sec. 111. Stryker vehicle program.

Sec. 112. Configuration of Fourth Stryker Brigade Combat Team.

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.

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.

Sec. 203. Program increases.

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.
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Sec. 304. Counterexploitation initiative.

Sec. 305. Reduction in authorization for Air Force operation and maintenance

account.

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.

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.

Sec. 344. Expansion of Department of Defense excess personal property disposal program to include health agencies in addition to law enforcement and firefighting agencies.

Sec. 345. Department of Defense public health assessment of exposure to perchlorate.

Sec. 346. Permanent authority for purchase of certain municipal services at installations in Monterey County, California.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces
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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.

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.

Sec. 514. Repeal of required grade of defense attache ́ in France.

Subtitle C—Reserve Component Matters

Sec. 521. Streamlined process for continuation of officers on the reserve activestatus 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.
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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.

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.
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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.

Sec. 603. Special subsistence allowance authorities for members assigned to

high-cost 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.
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Sec. 623. Availability of hostile fire and imminent danger pay for reserve component members serving in response to certain domestic terrorist attacks.

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.

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.
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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.

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.

Sec. 827. Data collection and technical assistance center relating to machine

tools.

Sec. 828. Buy American enhancement.

Sec. 829. Requirement relating to purchases by Department of Defense subject

to Buy American Act.

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.
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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.

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
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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.

Sec. 1055. Assignment of members to assist Bureau of Border Security and

Bureau of Citizenship and Immigration Services of the Department of Homeland Security.

Sec. 1056. Report concerning strategic nuclear warheads dismantled pursuant

to the Treaty Between the United States of America and the

Russian Federation on Strategic Offensive Reductions.

Sec. 1057. Pilot program to improve use of Air Force and Air National Guard

Modular Airborne Fire-Fighting Systems to fight wildfires.

Sec. 1058. Study on feasibility of use of small businesses, minority-owned businesses, and women-owned businesses in efforts to rebuild Iraq.

Sec. 1059. Sense of Congress regarding continuation of mission and functions

of Army Peacekeeping Institute.

Sec. 1060. Assessment of effects of specified statutory limitations on the granting of security clearances.

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.

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.
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Sec. 1108. Federal flexible benefits plan administrative costs.

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

records.

Sec. 1110. Employee surveys.

Sec. 1111. Human Capital Performance Fund.

Subtitle B—Department of Defense National Security

Personnel System

Sec. 1121. 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.

Sec. 1209. Assessment and report concerning the location of NATO headquarters.

Sec. 1210. Sense of Congress on redeployment of United States forces in Europe.

Sec. 1211. Report on actions that could be taken regarding countries that initiate certain legal actions against United States officials.

Sec. 1212. Sense of Congress concerning Navy port calls in Israel.

Sec. 1213. Assistance to Iraqi children injured during Operation Iraqi Freedom.

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.

Sec. 1308. Study relating to ex-Soviet uranium and plutonium.

TITLE XIV—SERVICES ACQUISITION REFORM

Sec. 1401. Short title.

Sec. 1402. Executive agency defined.
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Subtitle A—Acquisition Workforce and Training

Sec. 1411. Definition of acquisition.

Sec. 1412. Acquisition workforce training fund.

Sec. 1413. Acquisition workforce recruitment program.

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.

TITLE XV—HIGHER EDUCATION RELIEF OPPORTUNITIES

FOR STUDENTS

Sec. 1501. Short title; reference.

Sec. 1502. Waiver authority for response to military contingencies and national

emergencies.

Sec. 1503. Tuition refunds or credits for members of Armed Forces.

Sec. 1504. Use of professional judgment.

Sec. 1505. Definitions.

Sec. 1506. Termination of authority.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
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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.

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
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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.

Sec. 2808. Annual report on military construction requirements to support

homeland defense missions of the Armed Forces.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Real property transactions.

Sec. 2812. Sense of Congress on demolition of Army Tacony Warehouse Depot

site, Philadelphia, Pennsylvania.

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.

Sec. 2827. Land conveyance, Fort Belvoir, Virginia.

Sec. 2828. Land conveyance, Puget Sound Naval Shipyard, Bremerton, Washington.

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.

Sec. 2845. Consideration of public-access-road issues related to disposal of

property at military installations under base closure process.

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS
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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.

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.
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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).

Sec. 3543. Authority to convey NDRF vessels and vessel contents.

TITLE XXXVI—NUCLEAR SECURITY INITIATIVE

Sec. 3601. Short title.

Subtitle A—Nonproliferation Program Enhancements

Sec. 3611. Establishment of International Nuclear Materials Protection and

Cooperation Program in Department of State.

Subtitle B—Administration and Oversight of Threat Reduction

and Nonproliferation Programs

Sec. 3621. Analysis of effect on threat reduction and nonproliferation programs

of congressional oversight measures with respect to such programs.

Sec. 3622. Annual report on the use of funds appropriated for threat reduction

and nonproliferation in states of the former Soviet Union.

Sec. 3623. Plan for and coordination of chemical and biological weapons nonproliferation programs with states of the former Soviet Union.

Subtitle C—United States—Russia Relations

Sec. 3631. Comprehensive inventories and data exchanges on nuclear weaponsgrade material and nuclear weapons.

Sec. 3632. Establishment of Duma-Congress nuclear threat reduction working

group.

Sec. 3633. Joint United States/North Atlantic Treaty Organization cooperation

with Russia on theater-level ballistic missile defenses.

Sec. 3634. Encouragement of enhanced collaboration to achieve more reliable

Russian early warning systems.

Sec. 3635. Teller-Kurchatov Alliance for Peace.

Sec. 3636. Nonproliferation fellowships.

Subtitle D—Other Matters
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Sec. 3641. Promotion of discussions on nuclear and radiological security and

safety between the International Atomic Energy Agency and

the Organization for Economic Cooperation and Development.

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

16 fiscal 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.
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1 SEC. 102. NAVY AND MARINE CORPS.

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 2004 for procurement for the Navy

4 as follows:

5 (1) For aircraft, $9,050,048,000.

6 (2) For weapons, including missiles and tor7 pedoes, $2,529,821,000.

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

9 (4) For shipbuilding and conversion,

10 $11,472,384,000.

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

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

13 be appropriated for fiscal year 2004 for procurement for

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

15 SEC. 103. AIR FORCE.

16 Funds are hereby authorized to be appropriated for

17 fiscal year 2004 for procurement for the Air Force as fol18 lows:

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

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

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

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

23 SEC. 104. DEFENSE-WIDE ACTIVITIES.

24 Funds are hereby authorized to be appropriated for

25 fiscal year 2004 for Defense-wide procurement in the

26 amount of $3,734,821,000.
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1 Subtitle B—Army Programs

2 SEC. 111. STRYKER VEHICLE PROGRAM.

3 (a) LIMITATION.—Of the funds authorized to be ap4 propriated under section 101 for procurement for the

5 Army for fiscal year 2004 that are available for the

6 Stryker vehicle program, not more than $655,000,000

7 may be obligated until—

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

9 the Deputy Secretary of Defense the report specified

10 in subsection (b);

11 (2) the Secretary of Defense has submitted to

12 the congressional defense committees the report and

13 certification referred to in subsection (c); and

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

15 date of the receipt by those committees of the report

16 and certification under paragraph (2).

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

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

19 be submitted by the Secretary of the Army to the Deputy

20 Secretary of Defense not later than July 8, 2003, that

21 identifies options for modifications to the equipment and

22 configuration of the Army brigade designated as ‘‘Stryker

23 brigades’’ to assure that those brigades, after incor24 porating such modifications, provide—
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1 (1) a higher level of combat capability and sus2 tainability;

3 (2) a capability across a broader spectrum of

4 combat operations; and

5 (3) a capability to be employed independently of

6 higher-level command formations and support.

7 (c) SECRETARY OF DEFENSE REPORT AND CERTIFI8 CATION.—The Secretary of Defense shall transmit to the

9 congressional defense committees not later than 30 days

10 after the date of the receipt by the Deputy Secretary of

11 Defense of the report of the Secretary of the Army re12 ferred to in subsection (b), the modification options identi13 fied by the Secretary of the Army for purposes of that

14 report. The Secretary of Defense shall include any com15 ments that may be applicable to the analysis of the Sec16 retary of the Army’s report and shall certify to the com17 mittees whether in the Secretary’s judgment fielding the

18 fourth Stryker brigade as planned by the Army in a dif19 ferent configuration from the first three such brigades will

20 fulfill the three objectives set forth in subsection (b).

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

22 The funds authorized to be appropriated for procurement

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

24 the Stryker vehicle program and that become available for
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1 obligation upon the conditions of subsection (a) being met

2 shall be obligated either—

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

4 and capabilities for the fourth Stryker brigade com5 bat team that would accelerate the options for modi6 fications to enhance Stryker brigades identified in

7 subsection (b); or

8 (2) for the equipment identified in the fiscal

9 year 2004 budget request to be procured for the

10 fourth Stryker brigade, if the Secretary of Defense,

11 after reviewing the Secretary of Army’s report under

12 subsection (b), determines that the current configu13 ration of the fourth Stryker brigade meets the cri14 teria in paragraphs (1) through (3) of subsection (b)

15 and certifies to the congressional defense committees

16 that the equipment identified in the fiscal year 2004

17 budget request to be procured for the fourth Stryker

18 brigade provides those capabilities.

19 (e) LIMITATIONS.—(1) In obligating funds in accord20 ance with either paragraph (1) or paragraph (2) of sub21 section (d), no action may be taken that would delay,

22 hinder, or otherwise disrupt the current production and

23 fielding schedule for the fourth Stryker brigade.

24 (2) Notwithstanding any other provision of this sec25 tion, all funds authorized to be appropriated under section
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1 101 for procurement for the Army for fiscal year 2004

2 that are available for the Stryker vehicle program shall

3 be used exclusively to develop, procure, and field Stryker

4 combat vehicles.

5 SEC. 112. CONFIGURATION OF FOURTH STRYKER BRIGADE

6 COMBAT TEAM.

7 (a) CONFIGURATION, LETHALITY ENHANCEMENTS,

8 AND SUSTAINABILITY.—The Secretary of the Army shall

9 configure the fourth Stryker brigade combat team so that

10 that brigade combat team provides the commanders of

11 combatant commands with enhanced combat capability

12 and sustainability well beyond the combat and

13 sustainment capabilities provided by any one of the first

14 three fielded Stryker brigade combat teams.

15 (b) FUNDS.—The amount provided in section 101(3)

16 is hereby increased by $100,000,000, to be available for

17 procurement of additional lethality and sustainability en18 hancements for the fourth Stryker brigade combat team.

19 (c) OPTIONS FOR CONSIDERATION.—In the execution

20 of the funds provided pursuant to subsection (b)(1), the

21 Secretary of the Army shall include among the enhance22 ments considered for the configuration of the fourth

23 Stryker brigade combat team enhancement with heavy ar24 mored vehicles, with additional heavy attack helicopters,

25 with additional reconnaissance and attack helicopters, and
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1 with indirect fire artillery capabilities, or with any com2 bination thereof.

3 (d) REPORT REQUIRED.—Not later than 30 days

4 after the date of the enactment of this Act, the Secretary

5 of the Army shall submit to the congressional defense com6 mittees a report that details the additional types of

7 lethality and sustainability enhancements that will be

8 fielded as part of the new configuration of the fourth

9 Stryker brigade combat team.

10 Subtitle C—Navy Programs

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

12 18 AIRCRAFT PROGRAM.

13 The Secretary of the Navy may, in accordance with

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

15 a multiyear contract, beginning with the fiscal year 2005

16 program year, for procurement of aircraft in the F/A–

17 18E, F/A–18F, and EA–18G configurations. The total

18 number of aircraft procured through a multiyear contract

19 under this section may not exceed 234.

20 SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR

21 TACTICAL TOMAHAWK CRUISE MISSILE PRO22 GRAM.

23 The Secretary of the Navy may, in accordance with

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

25 a multiyear contract, beginning with the fiscal year 2004
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1 program year, for procurement of Tactical Tomahawk

2 cruise missiles. The total number of missiles procured

3 through a multiyear contract under this section shall be

4 determined by the Secretary of the Navy, based upon the

5 funds available, but not to exceed 900 in any year.

6 SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR7 GINIA CLASS SUBMARINE PROGRAM.

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

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

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

11 fiscal year 2004 program year, for procurement of seven

12 Virginia-class submarines.

13 (b) LIMITATION.—The Secretary of the Navy may

14 not enter into a contract authorized by subsection (a)

15 until—

16 (1) the Secretary submits to the congressional

17 defense committees a certification that the Secretary

18 has made each of the findings with respect to such

19 contract specified in subsection (a) of section 2306b

20 of title 10, United States Code; and

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

22 date of the transmission of such certification.
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1 SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR E–

2 2C AIRCRAFT PROGRAM.

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

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

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

6 fiscal year 2004 program year, for procurement of four

7 E–2C and four TE–2C aircraft.

8 (b) ENGINES.—The Secretary of the Navy may, in

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

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

11 fiscal year 2004 program year, for procurement of 16 en12 gines for aircraft in the E–2C or TE–2C configuration.

13 (c) LIMITATION ON TERM OF CONTRACTS.—Notwith14 standing subsection (k) of section 2306b of title 10,

15 United States Code, a contract under this section may not

16 be for a period in excess of four program years.

17 SEC. 125. LPD–17 CLASS VESSEL.

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

19 supplemental appropriations for the Department of De20 fense for fiscal year 2003 that includes appropriation of

21 an amount for procurement of Tomahawk cruise missiles

22 for the Navy, then—

23 (1) the amount provided in section 102 for pro24 curement of weapons for the Navy is reduced by the

25 amount so appropriated or by $200,000,000, which26 ever is less, with such reduction to be derived from
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1 amounts authorized for procurement of Tomahawk

2 cruise missiles; and

3 (2) the amount provided in section 102 for

4 shipbuilding and conversion is increased by the

5 amount of the reduction under paragraph (1), with

6 the amount of such increase to be available for ad7 vance procurement of long-lead items, including the

8 advance fabrication of components, for one LPD–17

9 class vessel.

10 Subtitle D—Air Force Programs

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

12 (a) TRANSFER ACCOUNT.—There is hereby estab13 lished an account for the Department of the Air Force

14 to be known as the Air Force Air Refueling Transfer Ac15 count. Amounts in such account may be used in accord16 ance with subsection (c).

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Within

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

19 to be appropriated to the Air Force Air Refueling Transfer

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

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

22 Air Force Air Refueling Transfer Account may be used

23 for any of the following purposes, as determined by the

24 Secretary of the Air Force:
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1 (1) Necessary expenses for fiscal year 2004 to

2 prepare for leasing of tanker aircraft under section

3 8159 of the Department of Defense Appropriations

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

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

6 (2) Necessary expenses for fiscal year 2004 to

7 prepare for purchase of tanker aircraft for the Air

8 Force.

9 (3) Retaining in active service (rather than re10 tiring) KC–135E aircraft.

11 (4) Maintenance of equipment for KC–135 air12 craft that was purchased through a depot.

13 (d) AUTHORIZED TRANSFERS.—Subject to sub14 sections (e) and (f), the Secretary of the Air Force may

15 transfer funds in the Air Force Air Refueling Transfer

16 Account to appropriations of the Air Force available for

17 purposes set forth in subsection (c), including appropria18 tions available for procurement, for research, development,

19 test, and evaluation, for operation and maintenance, and

20 for military personnel (in the case of retaining KC–135E

21 aircraft in active service), in such amounts as the Sec22 retary determines necessary for such purpose.

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

24 Force Air Refueling Transfer Account pursuant to the au25 thorization of appropriations in subsection (b) may not be
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1 used to enter into a lease for tanker aircraft or to enter

2 into a contract for procurement of tanker aircraft.

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

4 under subsection (d) may not be made until—

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

6 congressional defense committees in writing of the

7 amount and purpose of the proposed transfer, in8 cluding each account to which the transfer is to be

9 made; and

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

11 date on which the notice is received by those com12 mittees.

13 SEC. 132. INCREASE IN NUMBER OF AIRCRAFT AUTHOR14 IZED TO BE PROCURED UNDER MULTIYEAR

15 PROCUREMENT AUTHORITY FOR AIR FORCE

16 C–130J AIRCRAFT PROGRAM.

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

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

19 314; 116 Stat. 2475) is amended by striking ‘‘40 C–130J

20 aircraft’’ and inserting ‘‘42 C–130J aircraft’’.

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

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

23 may not proceed with a decision to retire C–5A aircraft

24 from the active inventory of the Air Force in any number
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1 that which would reduce the total number of such aircraft

2 in the active inventory below 112 until—

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

4 to the configuration referred to as the Reliability

5 Enhancement and Reengining Program (RERP)

6 configuration, as planned under the C–5 System De7 velopment and Demonstration program as of May 1,

8 2003; and

9 (2) the Director of Operational Test and Eval10 uation of the Department of Defense—

11 (A) conducts an operational evaluation of

12 that aircraft, as so modified; and

13 (B) provides to the Secretary of Defense

14 and the congressional defense committees an

15 operational assessment.

16 (b) OPERATIONAL EVALUATION.—An operational

17 evaluation for purposes of paragraph (2)(A) of subsection

18 (a) is an evaluation, conducted during operational testing

19 and evaluation of the aircraft, as so modified, of the per20 formance of the aircraft with respect to reliability, main21 tainability, and availability and with respect to critical

22 operational issues.

23 (c) OPERATIONAL ASSESSMENT.—An operational as24 sessment for purposes of paragraph (2)(B) of subsection

25 (a) is an operational assessment of the program to modify
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1 C–5A aircraft to the configuration referred to in sub2 section (a)(1) regarding both overall suitability and defi3 ciencies of the program to improve performance of the C–

4 5A aircraft relative to requirements and specifications for

5 reliability, maintainability, and availability of that aircraft

6 as in effect on May 1, 2003.

7 SEC. 134. LIMITATION ON OBLIGATION OF FUNDS FOR PRO8 CUREMENT OF F/A–22 AIRCRAFT.

9 (a) LIMITATION.—Of the amount appropriated for

10 fiscal year 2004 for procurement of F/A–22 aircraft,

11 $136,000,000 may not be obligated until the Under Sec12 retary of Defense for Acquisition, Technology, and Logis13 tics submits to the congressional defense committees the

14 Under Secretary’s certification that—

15 (1) the four primary aircraft designated to par16 ticipate in the dedicated initial operational test and

17 evaluation program for the F/A–22 aircraft have

18 each been equipped with the version of the avionics

19 software operational flight program that is des20 ignated as version 3.1.2 or a later version; and

21 (2) before the commencement of that dedicated

22 initial operational test and evaluation program,

23 those four aircraft (as so equipped) demonstrate, on

24 average, an avionics software mean time between in25 stability events of at least 20 hours.
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1 (b) CONTINGENCY WAIVER AUTHORITY.—If the

2 Under Secretary notifies the Secretary of Defense that the

3 Under Secretary is unable to make the certification de4 scribed in subsection (a), the Secretary may waive the lim5 itation under that subsection. Upon making such a

6 waiver—

7 (1) the Secretary of Defense shall notify the

8 congressional defense committees of the waiver and

9 of the reasons therefor; and

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

11 then be obligated, by reason of such waiver, after

12 the end of the 30-day period beginning on the date

13 on which the Secretary’s notification is received by

14 those committees.

15 TITLE II—RESEARCH, DEVELOP16 MENT, TEST, AND EVALUA17 TION

18 Subtitle A—Authorization of

19 Appropriations

20 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 2004 for the use of the Department of Defense

23 for research, development, test, and evaluation as follows:

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

25 (2) For the Navy, $14,343,360,000.
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1 (3) For the Air Force, $20,548,867,000.

2 (4) For Defense-wide activities,

3 $18,461,046,000, of which $286,661,000 is author4 ized for the Director of Operational Test and Eval5 uation.

6 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH7 NOLOGY.

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

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

10 be available for the Defense Science and Technology Pro11 gram, including basic research, applied research, and ad12 vanced technology development projects.

13 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD14 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For

15 purposes of this section, the term ‘‘basic research, applied

16 research, and advanced technology development’’ means

17 work funded in program elements for defense research and

18 development under Department of Defense category 6.1,

19 6.2, or 6.3.

20 SEC. 203. PROGRAM INCREASES.

21 (a) COMPUTER-ASSISTED MEDICAL DIAGNOSTIC

22 TECHNOLOGY.—The amount provided in section 201(1)

23 for research, development, test, and evaluation, Army, is

24 hereby increased by $3,000,000, to be available for Med25 ical Advanced Technology in Program Element 0603002A
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1 for evaluation for potential use by Department of Defense

2 medical treatment facilities of commercially available med3 ical diagnostic technology that, using a digital chemical

4 library and decision support software, can be used for di5 agnosis of dermatological diseases.

6 (b) LIGHTWEIGHT CARTRIDGE CASES FOR AMMUNI7 TION.—The amount provided in section 201(1) for re8 search, development, test, and evaluation, Army, is hereby

9 increased by $3,000,000, to be available for Weapons and

10 Munitions Advanced Technology in Program Element

11 0603004A for advanced technology development for light12 weight cartridge cases for ammunition.

13 (c) AVIATION-SHIPBOARD INFORMATION TECH14 NOLOGY.—The amount provided in section 201(2) for re15 search, development, test, and evaluation, Navy, is hereby

16 increased by $6,500,000, to be available for Shipboard

17 Aviation Systems in Program Element 0604512N to com18 plete research and development for the Aviation-Shipboard

19 Information Technology Initiative.

20 (d) AUTOREAD.—The amount provided in section

21 201(2) for research, development, test, and evaluation,

22 Navy, is hereby increased by $1,400,000, to be available

23 for Shipboard Aviation Systems in Program Element

24 0604512N to complete research and development for the

25 AutoREAD system for improving the accuracy and reduc-
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1 ing the workload of collecting preventive maintenance data

2 on aircraft launch and recovery systems.

3 (e) SPIKE URBAN WARFARE SYSTEM.—The amount

4 provided in section 201(2) for research, development, test,

5 and evaluation, Navy, is hereby increased by $5,000,000,

6 to be available for the Marine Corps Advanced Technology

7 Demonstrations in Program Element 0603640M for devel8 opment and demonstration of the SPIKE urban warfare

9 system.

10 (f) RESEARCH IN HYDROGRAPHIC SCIENCES.—The

11 amount provided in section 201(2) for research, develop12 ment, test, and evaluation, Navy, is hereby increased by

13 $3,250,000, to be available for Air/Ocean Tactical Appli14 cations advanced component development and prototyping

15 in Program Element 0603207N for hydrographic sciences

16 research.

17 (g) SHIPBOARD ELECTRONIC WARFARE IMPROVE18 MENTS.—The amount provided in section 201(2) for re19 search, development, test, and evaluation, Navy, is hereby

20 increased by $5,000,000, to be available for system devel21 opment and demonstration for Tactical Command Sys22 tems in Program Element 0604231N for an at-sea dem23 onstration for shipboard use of a variant of the F/A-22

24 digital electronic warfare product improvement program.
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1 (h) AEROSPACE SENSORS.—The amount provided in

2 section 201(3) for research, development, test, and evalua3 tion, Air Force, is hereby increased by $4,000,000, to be

4 available for Aerospace Sensors in Program Element

5 0602204F for development of general purpose

6 reconfigurable signal processors suitable for time critical

7 sensor processing for broad military intelligence, surveil8 lance, and reconnaissance applications.

9 (i) ELEMENTAL DETECTOR TECHNOLOGY AP10 PRAISAL.—The amount provided in section 201(4) for re11 search, development, test, and evaluation, Defense-Wide,

12 is hereby increased by $2,000,000, to be available for Pro13 gram Element 0603750D8Z, Advanced Concept Tech14 nology Demonstrations, to evaluate the capability of an

15 elemental detector to provide directional cueing to con16 centrations of specific elements and compounds.

17 (j) MUSTARD GAS ANTIDOTE.—The amount provided

18 in section 201(4) for research, development, test, and eval19 uation, Defense-wide, is hereby increased by $5,000,000,

20 to be available for Chemical-Biological Defense Applied

21 Research in Program Element 0603284BP for continuing

22 applied research on an antidote for mustard gas.
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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions

4 SEC. 211. COLLABORATIVE PROGRAM FOR DEVELOPMENT

5 OF ELECTROMAGNETIC GUN TECHNOLOGY.

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

7 shall establish and carry out a collaborative program for

8 evaluation and demonstration of advanced technologies

9 and concepts for advanced gun systems that use electro10 magnetic propulsion for direct and indirect fire applica11 tions.

12 (b) DESCRIPTION OF PROGRAM.—The program

13 under subsection (a) shall be carried out collaboratively

14 pursuant to a memorandum of agreement to be entered

15 into among the Secretary of the Army, the Secretary of

16 the Navy, and the Director of the Defense Advanced Re17 search Projects Agency. The program shall include the fol18 lowing activities:

19 (1) Identification of technical objectives, quan20 tified technical barriers, and enabling technologies

21 associated with development of the objective electro22 magnetic gun systems envisioned to meet the needs

23 of each of the Armed Forces and, in so doing, identi24 fication of opportunities for development of compo-
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1 nents or subsystems common to those envisioned

2 gun systems.

3 (2) Preparation of a time-based plan for devel4 opment of electromagnetic gun systems for direct

5 fire applications, indirect fire applications, or both

6 direct and indirect fire applications (in the case of

7 the Army and Marine Corps) and for indirect fire

8 applications (in the case of the Navy), which—

9 (A) includes the programs currently

10 planned by the Army and by the Navy and

11 demonstrates how the enabling technologies

12 common to such Army and Navy programs are

13 used; and

14 (B) provides estimated dates for decision

15 points, prototype demonstrations, and transi16 tions of successful cases from the collaborative

17 program under this section to an acquisition

18 program.

19 (3) For each of the enabling technologies com20 mon to the Army and Navy programs, identification

21 of whether lead responsibility for developing that

22 technology should be assigned to the Secretary of

23 the Army, the Secretary of the Navy, or the Direc24 tor, with the Director favored in cases in which the

25 technology is highly challenging or high risk, high
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1 reward, and with each such Secretary favored in

2 cases in which that Secretary’s military department

3 possesses superior expertise or experience with the

4 technology.

5 (4) Identification of a strategy for the partici6 pation of industry in the program.

7 (c) MATTERS INCLUDED.—The advanced tech8 nologies and concepts included under the program may in9 clude, but are not limited to, the following:

10 (1) Advanced electrical power, energy storage,

11 and switching systems.

12 (2) Electromagnetic launcher materials and

13 construction techniques for long barrel life.

14 (3) Guidance and control systems for electro15 magnetically launched projectiles.

16 (4) Advanced projectiles and other munitions

17 for electromagnetic gun systems.

18 (5) Hypervelocity terminal effects.

19 (d) RELATIONSHIP TO SEPARATE PROGRAMS OF

20 MILITARY DEPARTMENTS.—The Secretary of the Army

21 and the Secretary of the Navy shall carry out separate

22 programs for the evaluation and demonstration of ad23 vanced technologies and concepts for, and for the further

24 development and acquisition of, advanced gun systems re25 ferred to in subsection (a). Each such Secretary shall in-
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1 corporate in that Secretary’s program the most promising

2 of the technology products matured under the program

3 under subsection (a).

4 (e) REPORT.—Not later than March 31, 2004, the

5 Secretary of the Army, the Secretary of the Navy, and

6 the Director of the Defense Advanced Research Projects

7 Agency shall jointly submit a report to the congressional

8 defense committees on the implementation of the program

9 under subsection (a). The report shall include the fol10 lowing:

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

11 field 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 se23 lected on a rotating basis from among officers of different

24 Armed Forces.

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

2 shall be consolidated under and managed by the head of

3 the joint program office designated under subsection (a).

4 (c) PROGRAM DEVELOPMENT.—The Secretary shall

5 provide that, subject to the authority, direction, and con6 trol of the Secretary, the head of the joint program office

7 designated 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 de11 velopment of the software and equipment for that

12 system;

13 (3) establish and control the standards for op14 eration 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

19 be 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

23 defense committees a report on such program. The report

24 shall 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 De4 fense; 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 param9 eters relating to the Future Combat Systems pro10 gram, the threshold value at which the utility of the

11 individual systems comprising the Future Combat

12 Systems program become questionable.

13 (3) For each of the three projects requested

14 under program element 64645A, Armored Systems

15 Modernization, a completed analysis of alternatives.

16 (b) SEPARATE PROGRAM ELEMENTS.—For fiscal

17 years beginning with 2004, the Secretary of Defense shall

18 ensure that—

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

21 on, or after the date of the enactment of this Act)

22 is assigned a separate, dedicated program element;

23 and
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1 (2) before such a program element is assigned

2 to such a project, an analysis of alternatives for such

3 project is completed.

4 SEC. 215. ARMY PROGRAM TO PURSUE TECHNOLOGIES

5 LEADING TO THE ENHANCED PRODUCTION

6 OF TITANIUM BY THE UNITED STATES.

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

8 shall—

9 (1) assess promising technologies leading to the

10 enhanced production of titanium by the United

11 States; and

12 (2) select, on a competitive basis, the most via13 ble such technologies for research, development, and

14 production.

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

16 shall serve as executive agent in carrying out subsection

17 (a).

18 (c) FUNDING.—Of the funds authorized to be appro19 priated by section 201(1) for research, development, test,

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

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

22 this section.
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1 SEC. 216. EXTENSION OF REPORTING REQUIREMENT FOR

2 RAH–66 COMANCHE AIRCRAFT PROGRAM.

3 Section 211 of the Bob Stump National Defense Au4 thorization Act for Fiscal Year 2003 (Public Law 107–

5 314; 116 Stat. 2479) is amended in subsection (a) by in6 serting ‘‘and fiscal year 2004’’ after ‘‘fiscal year 2003’’.

7 SEC. 217. STUDIES OF FLEET PLATFORM ARCHITECTURES

8 FOR THE NAVY.

9 (a) INDEPENDENT STUDIES.—(1) The Secretary of

10 Defense shall provide for the performance of eight inde11 pendent studies on alternative future fleet platform archi12 tectures for the Navy.

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

14 study to the congressional defense committees not later

15 than March 1, 2004.

16 (3) Each such study shall be submitted both in un17 classified, and to the extent necessary, in classified

18 versions.

19 (b) ENTITIES TO PERFORM STUDIES.—The Sec20 retary of Defense shall provide for the studies under sub21 section (a) to be performed as follows:

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

23 the Navy, using Department of the Navy personnel.

24 (2) Four shall be performed by qualified analyt25 ical organizations external to Department of De26 fense.
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1 (3) Three shall be performed by defense firms,

2 or teams of defense firms, in the private sector.

3 (c) PERFORMANCE OF STUDIES.—(1) The Secretary

4 of Defense shall require each entity undertaking one of

5 the studies under this section to commit to performing the

6 study independently from the other studies and, in the

7 case of the entities selected under paragraphs (2) and (3)

8 of subsection (b), independently from the Navy, so as to

9 ensure independent analysis.

10 (2) In performing a study under this section, the enti11 ty performing the study shall consider the following:

12 (A) The National Security Strategy of the

13 United States.

14 (B) Potential future threats to the United

15 States and to United States naval forces.

16 (C) The traditional roles and missions of

17 United States naval forces.

18 (D) Alternative roles and missions.

19 (E) The role of evolving technology on future

20 naval forces.

21 (F) Opportunities for reduced manning and un22 manned ships and vehicles in future naval forces.

23 (3) Each entity performing a study under this sec24 tion, while cognizant of current overall fleet platform ar25 chitecture, shall not allow the current features of fleet
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1 platform architecture to constrain the analysis for pur2 poses of that study.

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

4 shall present one or two possible overall fleet platform ar5 chitectures. For each such architecture presented, the

6 study shall include the following:

7 (1) The numbers, kinds, and sizes of vessels,

8 the numbers and types of associated manned and

9 unmanned vehicles, and the basic capabilities of each

10 of those platforms.

11 (2) Other information needed to understand

12 that architecture in basic form and the supporting

13 analysis.

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

15 201(2), the amount of $1,600,000 is authorized, within

16 Program Element 65154N, for the purposes of this sec17 tion.

18 Subtitle C—Ballistic Missile

19 Defense

20 SEC. 221. ENHANCED FLEXIBILITY FOR BALLISTIC MISSILE

21 DEFENSE SYSTEMS.

22 (a) FLEXIBILITY FOR SPECIFICATION OF PROGRAM

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

24 United States Code, is amended—
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1 (1) by inserting ‘‘BY PRESIDENT’’ in the sub2 section heading after ‘‘SPECIFIED’’;

3 (2) by striking ‘‘program elements governing

4 functional areas as follows:’’ and inserting ‘‘such

5 program elements as the President may specify.’’;

6 and

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

8 (b) CONFORMING AMENDMENTS.—(1) Subsection (c)

9 of such section is amended by striking ‘‘for each program

10 element specified in subsection (a)’’ and inserting ‘‘for a

11 fiscal year for any program element specified for that fis12 cal year pursuant to subsection (a)’’.

13 (2) Subsection (c)(3) of section 232 of the National

14 Defense Authorization Act for Fiscal Year 2002 (Public

15 Law 107–107; 115 Stat. 1037; 10 U.S.C. 2431 note) is

16 amended by striking ‘‘each functional area’’ and all that

17 follows through ‘‘subsection (b),’’ and inserting ‘‘each

18 then-current program element for ballistic missile defense

19 systems in effect pursuant to subsection (a) or (b)’’.

20 (c) AMENDMENTS RELATING TO CHANGES IN ACQUI21 SITION TERMINOLOGY.—(1) Section 223(b)(2) of title 10,

22 United States Code, is amended by striking ‘‘means the

23 development phase whose’’ and inserting ‘‘means the pe24 riod in the course of an acquisition program during which

25 the’’.
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1 (2) Subsection (d)(1) of section 232 of the National

2 Defense Authorization Act for Fiscal Year 2002 (Public

3 Law 107–107; 115 Stat. 1037; 10 U.S.C. 2431 note) is

4 amended by striking ‘‘, as added by subsection (b)’’.

5 TITLE III—OPERATION AND

6 MAINTENANCE

7 Subtitle A—Authorization of

8 Appropriations

9 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

10 Funds are hereby authorized to be appropriated for

11 fiscal year 2004 for the use of the Armed Forces and other

12 activities and agencies of the Department of Defense for

13 expenses, not otherwise provided for, for operation and

14 maintenance, in amounts as follows:

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

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

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

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

19 (5) For Defense-wide activities,

20 $16,134,047,000.

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

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

23 (8) For the Marine Corps Reserve,

24 $199,452,000.

25 (9) For the Air Force Reserve, $2,170,188,000.
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1 (10) For the Army National Guard,

2 $4,194,331,000.

3 (11) For the Air National Guard,

4 $4,404,646,000.

5 (12) For the United States Court of Appeals

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

7 (13) For Environmental Restoration, Army,

8 $396,018,000.

9 (14) For Environmental Restoration, Navy,

10 $256,153,000.

11 (15) For Environmental Restoration, Air Force,

12 $384,307,000.

13 (16) For Environmental Restoration, Defense14 wide, $24,081,000.

15 (17) For Environmental Restoration, Formerly

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

17 (18) For Overseas Humanitarian, Disaster, and

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

19 (19) For Cooperative Threat Reduction pro20 grams, $450,800,000.

21 (20) United States Industrial Base Capabilities

22 Fund, $100,000,000.

23 SEC. 302. WORKING CAPITAL FUNDS.

24 Funds are hereby authorized to be appropriated for

25 fiscal year 2004 for the use of the Armed Forces and other
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1 activities and agencies of the Department of Defense for

2 providing capital for working capital and revolving funds

3 in amounts as follows:

4 (1) For the Defense Working Capital Funds,

5 $632,261,000.

6 (2) For the National Defense Sealift Fund,

7 $1,102,762,000.

8 (3) For the Defense Commissary Agency Work9 ing Capital Fund, $1,089,246,000.

10 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

11 (a) DEFENSE HEALTH PROGRAM.—Funds are here12 by authorized to be appropriated for the Department of

13 Defense for fiscal year 2004 for expenses, not otherwise

14 provided for, for the Defense Health Program,

15 $15,317,063,000, of which—

16 (1) $14,923,441,000 is for Operation and

17 Maintenance;

18 (2) $65,796,000 is for Research, Development,

19 Test, and Evaluation; and

20 (3) $327,826,000 is for Procurement.

21 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC22 TION, DEFENSE.—(1) Funds are hereby authorized to be

23 appropriated for the Department of Defense for fiscal year

24 2004 for expenses, not otherwise provided for, for Chem-
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1 ical Agents and Munitions Destruction, Defense,

2 $1,580,261,000, of which—

3 (A) $1,249,168,000 is for Operation and Main4 tenance;

5 (B) $251,881,000 is for Research, Develop6 ment, Test, and Evaluation; and

7 (C) $79,212,000 is for Procurement.

8 (2) Amounts authorized to be appropriated under

9 paragraph (1) are authorized for—

10 (A) the destruction of lethal chemical agents

11 and munitions in accordance with section 1412 of

12 the Department of Defense Authorization Act, 1986

13 (50 U.S.C. 1521); and

14 (B) the destruction of chemical warfare mate15 riel of the United States that is not covered by sec16 tion 1412 of such Act.

17 (c) DRUG INTERDICTION AND COUNTER-DRUG AC18 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized

19 to be appropriated for the Department of Defense for fis20 cal year 2004 for expenses, not otherwise provided for, for

21 Drug Interdiction and Counter-Drug Activities, Defense22 wide, $817,371,000.

23 (d) DEFENSE INSPECTOR GENERAL.—Funds are

24 hereby authorized to be appropriated for the Department

25 of Defense for fiscal year 2004 for expenses, not otherwise
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1 provided for, for the Office of the Inspector General of

2 the Department of Defense, $162,449,000.

3 SEC. 304. COUNTEREXPLOITATION INITIATIVE.

4 Within the amount authorized to be appropriated by

5 section 301(5) for operations and maintenance, Defense6 wide, the amount for the United States Special Operations

7 Command is hereby increased by $1,100,000, to be made

8 available for the initiative for accurately tracing portable,

9 sensitive items exported beyond the borders of the United

10 States.

11 SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE

12 OPERATION AND MAINTENANCE ACCOUNT.

13 The amount authorized to be appropriated in section

14 301(4) is hereby reduced by $135,500,000.

15 Subtitle B—Environmental

16 Provisions

17 SEC. 311. REAUTHORIZATION AND MODIFICATION OF TITLE

18 I OF SIKES ACT.

19 (a) REAUTHORIZATION.—Section 108 of the Sikes

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

21 1998 through 2003’’ each place it appears and inserting

22 ‘‘fiscal years 2004 through 2008’’.

23 (b) SENSE OF CONGRESS REGARDING SECTION

24 107.—(1) Congress finds the following:
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1 (A) The Department of Defense maintains over

2 25,000,000 acres of valuable fish and wildlife habi3 tat on approximately 400 military installations na4 tionwide.

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

6 animal life, vital wetlands for migratory birds, and

7 nearly 300 federally listed threatened species and

8 endangered species.

9 (C) Increasingly, land surrounding military

10 bases are being developed with residential and com11 mercial infrastructure that fragments fish and wild12 life habitat and decreases its ability to support a di13 versity of species.

14 (D) Comprehensive conservation plans, such as

15 integrated natural resource management plans under

16 the Sikes Act (16 U.S.C. 670 et seq.), can ensure

17 that these ecosystem values can be protected and en18 hanced while allowing these lands to meet the needs

19 of military operations.

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

21 670e–2) requires sufficient numbers of professionally

22 trained natural resources management personnel

23 and natural resources law enforcement personnel to

24 be available and assigned responsibility to perform

25 tasks necessary to carry out title I of the Sikes Act,
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1 including the preparation and implementation of in2 tegrated natural resource management plans.

3 (F) Managerial and policymaking functions per4 formed by Department of Defense on-site profes5 sionally trained natural resource management per6 sonnel on military installations are appropriate gov7 ernmental functions.

8 (G) Professionally trained civilian biologists in

9 permanent Federal Government career managerial

10 positions are essential to oversee fish and wildlife

11 and natural resource conservation programs are es12 sential to the conservation of wildlife species on mili13 tary land.

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

15 Defense should take whatever steps are necessary to en16 sure that section 107 of the Sikes Act (16 U.S.C. 670e–

17 2) is fully implemented consistent with the findings made

18 in paragraph (1).

19 (c) PILOT PROGRAM FOR INVASIVE SPECIES MAN20 AGEMENT FOR MILITARY INSTALLATIONS.—(1) Section

21 101(b)(1) of the Sikes Act (16 U.S.C. 670a(b)(1)) is

22 amended by redesignating subparagraphs (D) through (J)

23 in order as subparagraphs (E) through (K), and by insert24 ing after subparagraph (C) the following:
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1 ‘‘(D) during fiscal years 2004 through

2 2008, in the case of a plan for a military instal3 lation in Guam, management, control, and

4 eradication of invasive species that are not na5 tive to the ecosystem of the military installation

6 and the introduction of which cause or may

7 cause harm to military readiness, the environ8 ment, the economy, or human health and safe9 ty;’’.

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

11 apply—

12 (A) to any integrated natural resources man13 agement plan prepared for a military installation in

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

15 U.S.C. 670a(a)(1)) on or after the date of the enact16 ment of this Act; and

17 (B) to any integrated natural resources man18 agement plan prepared for a military installation in

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

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

21 of this Act, effective March 1, 2004.
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1 SEC. 312. AUTHORIZATION FOR DEFENSE PARTICIPATION

2 IN WETLAND MITIGATION BANKS.

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

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

5 the following new section:

6 ‘‘§ 2694b. Participation in wetland mitigation banks

7 ‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary

8 of a military department, and the Secretary of Defense

9 with respect to matters concerning a Defense Agency,

10 when engaged in an authorized activity that may or will

11 result in the destruction of, or an adverse impact to, a

12 wetland, may make payments to a wetland mitigation

13 banking program or ‘in-lieu-fee’ mitigation sponsor ap14 proved in accordance with the Federal Guidance for the

15 Establishment, Use and Operation of Mitigation Banks

16 (60 Fed. Reg. 58605; November 28, 1995) or the Federal

17 Guidance on the Use of In-Lieu-Fee Arrangements for

18 Compensatory Mitigation Under Section 404 of the Clean

19 Water Act and Section 10 of the Rivers and Harbors Act

20 (65 Fed. Reg. 66913; November 7, 2000), or any suc21 cessor administrative guidance.

22 ‘‘(b) ALTERNATIVE TO CREATION OF WETLAND.—

23 Participation in a wetland mitigation banking program or

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

25 of mitigating wetland impacts through the creation of a

26 wetland on Federal property.
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1 ‘‘(c) TREATMENT OF PAYMENTS.—Payments made

2 under subsection (a) to a wetland mitigation banking pro3 gram or consolidated user site may be treated as eligible

4 project costs for military construction.’’.

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

6 at the beginning of such chapter is amended by inserting

7 after the item relating to section 2694a the following new

8 item:

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

9 SEC. 313. INCLUSION OF ENVIRONMENTAL RESPONSE

10 EQUIPMENT AND SERVICES IN NAVY DEFINI11 TIONS OF SALVAGE FACILITIES AND SAL12 VAGE SERVICES.

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

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

15 following new subsection:

16 ‘‘(e) SALVAGE FACILITIES DEFINED.—In this sec17 tion, the term ‘salvage facilities’ includes equipment and

18 gear utilized to prevent, abate, or minimize damage to the

19 environment in connection with a marine salvage oper20 ation.’’.

21 (b) SETTLEMENT OF CLAIMS FOR SALVAGE SERV22 ICES.—Section 7363 of such title is amended—

23 (1) by inserting ‘‘(a) AUTHORITY TO SETTLE

24 CLAIM.—’’ before ‘‘The Secretary’’; and
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1 (2) by adding at the end the following new sub2 section:

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

4 the term ‘salvage services’ includes services performed in

5 connection with a marine salvage operation that are in6 tended to prevent, abate, or minimize damage to the envi7 ronment.’’.

8 SEC. 314. CLARIFICATION OF DEPARTMENT OF DEFENSE

9 RESPONSE TO ENVIRONMENTAL EMER10 GENCIES.

11 (a) TRANSPORTATION OF HUMANITARIAN RELIEF

12 SUPPLIES TO RESPOND TO ENVIRONMENTAL EMER13 GENCIES.—Section 402 of title 10, United States Code,

14 is amended—

15 (1) by redesignating subsection (d) as sub16 section (e); and

17 (2) by inserting after subsection (c) the fol18 lowing new subsection (d):

19 ‘‘(d) RESPONSE TO ENVIRONMENTAL EMER20 GENCIES.—The authority of the Secretary of Defense to

21 transport humanitarian relief supplies under this section

22 includes the authority to transport supplies intended for

23 use to respond to, or mitigate the effects of, an event or

24 condition, such as an oil spill, that threatens serious harm

25 to the environment.’’.
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1 (b) CONDITIONS ON PROVISION OF TRANSPOR2 TATION.—Subsection (b) of such section is amended—

3 (1) in paragraph (1)(C), by inserting ‘‘or enti4 ty’’ after ‘‘people’’;

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

6 after ‘‘distribution’’; and

7 (3) in paragraph (3), by striking ‘‘donor to en8 sure that supplies to be transported under this sec9 tion’’ and inserting ‘‘entity requesting the transport

10 of supplies under this section to ensure that the sup11 plies’’.

12 (c) PROVISION OF DISASTER ASSISTANCE.—Section

13 404 of such title is amended—

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

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

16 (2) in subsection (c)(2), by inserting ‘‘or the en17 vironment’’ after ‘‘human lives’’.

18 (d) PROVISION OF HUMANITARIAN ASSISTANCE.—

19 Section 2561(a) of such title is amended—

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

21 and

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

23 paragraph:

24 ‘‘(2) The authority of the Department of Defense to

25 provide humanitarian assistance under this section in-
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1 cludes the authority to transport supplies or provide as2 sistance intended for use to respond to, or mitigate the

3 effects of, an event or condition, such as an oil spill, that

4 threatens serious harm to the environment.’’.

5 SEC. 315. REQUIREMENTS FOR RESTORATION ADVISORY

6 BOARDS AND EXEMPTION FROM FEDERAL

7 ADVISORY COMMITTEE ACT.

8 (a) MEMBERSHIP AND MEETING REQUIREMENTS

9 FOR RESTORATION ADVISORY BOARDS.—The Secretary of

10 Defense shall amend the regulations required by section

11 2705(d)(2) of title 10, United States Code, relating to the

12 establishment, characteristics, composition, and funding of

13 restoration advisory boards to ensure that each restoration

14 advisory board complies with the following requirements:

15 (1) Each restoration advisory board shall be

16 fairly balanced in its membership in terms of the

17 points of view represented and the functions to be

18 performed.

19 (2) Unless a closed or partially closed meeting

20 is determined to be proper in accordance with one or

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

22 of title 5, United States Code, each meeting of a res23 toration advisory board shall be—

24 (A) held at a reasonable time and in a

25 manner or place reasonably accessible to the
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1 public, including individuals with disabilities;

2 and

3 (B) open to the public.

4 (3) Timely notice of each meeting of a restora5 tion advisory board shall be published in a local

6 newspaper of general circulation.

7 (4) Interested persons may appear before or file

8 statements with a restoration advisory board, subject

9 to such reasonable restrictions as the Secretary may

10 prescribe.

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

12 States Code, the records, reports, minutes, appen13 dixes, working papers, drafts, studies, agenda, or

14 other documents that were made available to, pre15 pared for, or prepared by each restoration advisory

16 board shall be available for public inspection and

17 copying at a single, publicly accessible location, such

18 as a public library or an appropriate office of the

19 military installation for which the restoration advi20 sory board is established, at least until the restora21 tion advisory board is terminated.

22 (6) Detailed minutes of each meeting of each

23 restoration advisory board shall be kept and shall

24 contain a record of the persons present, a complete

25 and accurate description of matters discussed and
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1 conclusions reached, and copies of all reports re2 ceived, issued, or approved by the restoration advi3 sory board. The accuracy of the minutes of a res4 toration advisory board shall be certified by the

5 chairperson of the board.

6 (b) FACA EXEMPTION.—Section 2705(d)(2) of title

7 10, United States Code, is amended by adding at the end

8 the following new subparagraph:

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

10 App.) shall not apply to a restoration advisory board es11 tablished under this subsection.’’.

12 SEC. 316. REPORT REGARDING IMPACT OF CIVILIAN COM13 MUNITY ENCROACHMENT AND CERTAIN

14 LEGAL REQUIREMENTS ON MILITARY IN15 STALLATIONS AND RANGES.

16 (a) STUDY REQUIRED.—The Secretary of Defense

17 shall conduct a study on the impact, if any, of the fol18 lowing types of activities at military installations and oper19 ational ranges:

20 (1) Civilian community encroachment on those

21 military installations and ranges whose operational

22 training activities, research, development, test, and

23 evaluation activities, or other operational, test and

24 evaluation, maintenance, storage, disposal, or other

25 support functions require, or in the future reason-
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1 ably may require, safety or operational buffer areas.

2 The requirement for such a buffer area may be due

3 to a variety of factors, including air operations, ord4 nance operations and storage, or other activities that

5 generate or might generate noise, electro-magnetic

6 interference, ordnance arcs, or environmental im7 pacts that require or may require safety or oper8 ational buffer areas.

9 (2) Compliance by the Department of Defense

10 with State Implementation Plans for Air Quality

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

12 7410).

13 (3) Compliance by the Department of Defense

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

15 et seq.) and the Comprehensive Environmental Re16 sponse, Compensation, and Liability Act of 1980 (42

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

18 (b) MATTERS TO BE INCLUDED WITH RESPECT TO

19 CIVILIAN ENCROACHMENTS.—With respect to paragraph

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

21 (1) A list of all military installations described

22 in subsection (a)(1) at which civilian community en23 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 po6 tential 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 evalua10 tion, maintenance, storage, disposal, or other sup11 port functions performed by military installations in12 cluded on the list. The analysis shall include the fol13 lowing:

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

15 military installations, including laboratories and

16 technical centers of the military departments,

17 included on the list.

18 (B) A description and explanation of the

19 trends of such encroachment, as well as consid20 eration of potential future readiness problems

21 resulting from unabated encroachment.

22 (4) An estimate of the costs associated with

23 current and anticipated partnerships between the

24 Department of Defense and non-Federal entities to

25 create buffer zones to preclude further development
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1 around military installations included on the list,

2 and the costs associated with the conveyance of sur3 plus property around such military installations for

4 purposes of creating buffer zones.

5 (5) Options and recommendations for possible

6 legislative or budgetary changes necessary to miti7 gate current and anticipated future civilian commu8 nity encroachment problems.

9 (c) MATTERS TO BE INCLUDED WITH RESPECT TO

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

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

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

13 locations at which the Armed Forces are encoun14 tering problems related to compliance with the laws

15 specified in such paragraphs.

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

17 degree of compliance problems encountered.

18 (3) An analysis, including views and estimates

19 of the Secretary of Defense, of the current and po20 tential future impact of such compliance problems

21 on the following functions performed at military in22 stallations:

23 (A) Operational training activities.

24 (B) Research, development, test, and eval25 uation 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 consider6 ation of potential future readiness problems result7 ing from 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

11 Armed Services of the House of Representatives a report

12 containing the results of the study conducted under sub13 section (a), including the specific matters required to be

14 addressed by paragraphs (1) through (5) of subsection (b)

15 and paragraphs (1) through (4) of subsection (c).

16 SEC. 317. MILITARY READINESS AND CONSERVATION OF

17 PROTECTED SPECIES.

18 (a) LIMITATION ON DESIGNATION OF CRITICAL

19 HABITAT.—Section 4(a)(3) of the Endangered Species

20 Act of 1973 (16 U.S.C. 1533(a)(3)) is amended—

21 (1) by redesignating subparagraphs (A) and

22 (B) as clauses (i) and (ii), respectively;

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

24 (3) by adding at the end the following:
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1 ‘‘(B)(i) The Secretary shall not designate as critical

2 habitat any lands or other geographical areas owned or

3 controlled by the Department of Defense, or designated

4 for its use, that are subject to an integrated natural re5 sources management plan prepared under section 101 of

6 the Sikes Act (16 U.S.C. 670a), if the Secretary deter7 mines that such plan addresses special management con8 siderations or protection (as those terms are used in sec9 tion 3(5)(A)(i)).

10 ‘‘(ii) Nothing in this paragraph affects the require11 ment to consult under section 7(a)(2) with respect to an

12 agency action (as that term is defined in that section).

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

14 of the Department of Defense to comply with section 9,

15 including the prohibition preventing extinction and taking

16 of endangered species and threatened species.’’.

17 (b) CONSIDERATION OF EFFECTS OF DESIGNATION

18 OF CRITICAL HABITAT.—Section 4(b)(2) of the Endan19 gered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is

20 amended by inserting ‘‘the impact on national security,’’

21 after ‘‘the economic impact,’’.

22 SEC. 318. MILITARY READINESS AND MARINE MAMMAL

23 PROTECTION.

24 (a) DEFINITION OF HARASSMENT FOR MILITARY

25 READINESS ACTIVITIES.—Section 3(18) of the Marine
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1 Mammal Protection Act of 1972 (16 U.S.C. 1362(18)) is

2 amended by striking subparagraphs (B) and (C) and in3 serting the following new subparagraphs:

4 ‘‘(B) In the case of a military readiness activity

5 (as defined in section 315(f) of Public Law 107–

6 314; 16 U.S.C. 703 note), the term ‘harassment’

7 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 ‘‘(C) The term ‘Level A harassment’ means

20 harassment described in subparagraph (A)(i) or, in

21 the case of a military readiness activity, harassment

22 described in subparagraph (B)(i).

23 ‘‘(D) The term ‘Level B harassment’ means

24 harassment described in subparagraph (A)(ii) or, in
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1 the case of a military readiness activity, harassment

2 described in subparagraph (B)(ii).’’.

3 (b) EXEMPTION OF ACTIONS NECESSARY FOR NA4 TIONAL DEFENSE.—Section 101 of the Marine Mammal

5 Protection Act of 1972 (16 U.S.C. 1371) is amended by

6 inserting after subsection (e) the following:

7 ‘‘(f) EXEMPTION OF ACTIONS NECESSARY FOR NA8 TIONAL DEFENSE.—(1) The Secretary of Defense, after

9 conferring with the Secretary of Commerce, the Secretary

10 of the Interior, or both, as appropriate, may exempt any

11 action or category of actions undertaken by the Depart12 ment of Defense or its components from compliance with

13 any requirement of this Act, if the Secretary determines

14 that it is necessary for national defense.

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

16 ‘‘(A) subject to subparagraph (B), shall be ef17 fective for a period specified by the Secretary of De18 fense; and

19 ‘‘(B) shall not be effective for more than 2

20 years.

21 ‘‘(3)(A) The Secretary of Defense may issue addi22 tional exemptions under this subsection for the same ac23 tion or category of actions, after—
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1 ‘‘(i) conferring with the Secretary of Commerce,

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

3 and

4 ‘‘(ii) making a new determination that the addi5 tional exemption is necessary for national defense.

6 ‘‘(B) Each additional exemption under this para7 graph shall be effective for a period specified by the Sec8 retary of Defense, of not more than 2 years.’’.

9 (c) INCIDENTAL TAKINGS OF MARINE MAMMALS IN

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

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

12 1371(a)(5)) is amended—

13 (1) in subparagraph (A), by adding at the end

14 the following:

15 ‘‘Notwithstanding the preceding sentence, the Sec16 retary is not required to publish notice under this

17 subparagraph with respect to incidental takings

18 while engaged in a military readiness activity (as de19 fined in section 315(f) of Public Law 107–314; 16

20 U.S.C. 703 note) authorized by the Secretary of De21 fense, except in the Federal Register.’’;

22 (2) in subparagraph (D), by adding at the end

23 the following new clause:

24 ‘‘(vi) Notwithstanding clause (iii), the Secretary

25 is not required to publish notice under this subpara-
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1 graph with respect to an authorization under clause

2 (i) of incidental takings while engaged in a military

3 readiness activity (as defined in section 315(f) of

4 Public Law 107–314; 16 U.S.C. 703 note) author5 ized by the Secretary of Defense, except in the Fed6 eral Register.’’; and

7 (3) by adding at the end the following new sub8 paragraph:

9 ‘‘(F) In determining whether a military readi10 ness activity (as defined in section 315(f) of Public

11 Law 107–314; 16 U.S.C. 703 note) authorized by

12 the Secretary of Defense is in compliance with the

13 requirements of subparagraphs (A), (B), and (D),

14 the following references shall not apply:

15 ‘‘(i) In subparagraph (A), ‘within a speci16 fied geographical region’ and ‘within that region

17 of small numbers’.

18 ‘‘(ii) In subparagraph (B), ‘within a speci19 fied geographical region’ and ‘within one or

20 more regions’.

21 ‘‘(iii) In subparagraph (D), ‘within a spe22 cific geographic region’, ‘of small numbers’, and

23 ‘within that region’.’’.
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1 SEC. 319. LIMITATION ON DEPARTMENT OF DEFENSE RE2 SPONSIBILITY FOR CIVILIAN WATER CON3 SUMPTION IMPACTS RELATED TO FORT

4 HUACHUCA, ARIZONA.

5 (a) RULE OF CONSTRUCTION.—For purposes of sec6 tion 7 of the Endangered Species Act of 1973 (16 U.S.C.

7 1536), in the case of Fort Huachuca, Arizona, the Sec8 retary of the Army may be held responsible for water con9 sumption that occurs on that military installation (or out10 side of that installation but under the direct authority and

11 control of the Secretary). The Secretary of the Army is

12 not responsible for water consumption that occurs outside

13 of Fort Huachuca and is beyond the direct authority and

14 control of the Secretary even though the water is derived

15 from a watershed basin shared by that military installa16 tion and the water consumption outside of that installation

17 may impact a critical habitat or endangered species out18 side the installation.

19 (b) VOLUNTARY EFFORTS.—Nothing in this section

20 shall prohibit the Secretary of the Army from voluntarily

21 undertaking efforts to mitigate water consumption related

22 to Fort Huachuca.

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

24 section, the term ‘‘water consumption’’ means the con25 sumption of water, from any source, for human purposes
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1 of any kind, including household or industrial use, irriga2 tion, or landscaping.

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

4 Department of Defense actions regarding which consulta5 tion or reconsultation under section 7 of the Endangered

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

7 with regard to Fort Huachuca on or after the date of the

8 enactment of this Act.

9 SEC. 320. CONSTRUCTION OF WETLAND CROSSINGS, CAMP

10 SHELBY COMBINED ARMS MANEUVER AREA,

11 CAMP SHELBY, MISSISSIPPI.

12 Amounts authorized to be appropriated by section

13 301(1) for operation and maintenance for the Army shall

14 be available to the Secretary of the Army to construct wet15 lands crossings at the Camp Shelby Combined Arms Ma16 neuver Area at Camp Shelby, Mississippi, for the purpose

17 of ensuring that combat arms training performed at that

18 area is conducted in conformance with the spirit and in19 tent of applicable environmental laws.
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1 Subtitle C—Workplace and Depot

2 Issues

3 SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM

4 PERCENTAGE LIMITATION ON CONTRACTING

5 FOR PERFORMANCE OF DEPOT-LEVEL MAIN6 TENANCE AND REPAIR WORKLOADS.

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

8 is amended by striking ‘‘entered into during fiscal years

9 2003 through 2006’’.

10 SEC. 322. HIGH-PERFORMING ORGANIZATION BUSINESS

11 PROCESS REENGINEERING PILOT PROGRAM.

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

13 shall establish a pilot program under which the Secretary

14 of each military department shall administer, or continue

15 the implementation of, high-performing organizations at

16 military installations through the conduct of a Business

17 Process Reengineering initiative.

18 (2) The implementation and management of a Busi19 ness Process Reengineering initiative under the pilot pro20 gram shall be the responsibility of the commander of the

21 military installation at which the Business Process Re22 engineering initiative is carried out.

23 (b) ELIGIBLE ORGANIZATIONS.—Two types of orga24 nizations are eligible for selection to participate in the

25 pilot program:
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1 (1) Organizations that underwent a Business

2 Process Reengineering initiative within the preceding

3 five years, achieved major performance enhance4 ments under the initiative, and will be able to sus5 tain previous or achieve new performance goals

6 through the continuation of its existing or completed

7 Business Process Reengineering plan.

8 (2) Organizations that have not undergone or

9 have not successfully completed a Business Process

10 Reengineering initiative, but which propose to

11 achieve, and reasonably could reach, enhanced per12 formance goals through implementation of a Busi13 ness Process Reengineering initiative.

14 (c) ADDITIONAL ELIGIBILITY REQUIREMENTS.—(1)

15 To be eligible for selection to participate in the pilot pro16 gram under subsection (b)(1), an organization described

17 in such subsection must be able to demonstrate the com18 pletion of a total organizational assessment that resulted

19 in enhanced performance measures at least comparable to

20 those that might be achieved through competitive

21 sourcing.

22 (2) To be eligible for selection to participate in the

23 pilot program under subsection (b)(2), an organization de24 scribed in such subsection must be able to identify—
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1 (A) functions, processes, and measures to be

2 studied under the Business Process Reengineering

3 initiative;

4 (B) adequate resources for assignment to carry

5 out the Business Process Reengineering initiative;

6 and

7 (C) labor/management agreements in place to

8 ensure effective implementation of the Business

9 Process Reengineering initiative.

10 (d) PILOT PROGRAM LIMITATIONS.—The pilot pro11 gram shall be subject to the following limitations:

12 (1) Total participants is limited to 15 military

13 installations, with some participants to be drawn

14 from organizations described in subsection (b)(1)

15 and some participants drawn from organizations de16 scribed in subsection (b)(2).

17 (2) During the implementation period for the

18 Business Process Reengineering initiative, but not to

19 exceed one year, a participating organization shall

20 not be subject to any Office of Management and

21 Budget Circular A–76 competition or other public22 private competition involving any function covered

23 by the Business Process Reengineering initiative.

24 (e) EFFECT OF SUCCESSFUL IMPLEMENTATION.—

25 An organization designated as a high-performing organi-
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1 zation as a result of successful implementation of a Busi2 ness Process Reengineering initiative under the pilot pro3 gram shall be exempt, during the five-year period following

4 such designation, from any Office of Management and

5 Budget Circular A–76 competition or other public-private

6 competition involving any function that was studied under

7 the Business Process Reengineering initiative.

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

9 military departments shall conduct annual performance

10 reviews of the participating organizations or functions

11 within their respective departments. Reviews and reports

12 shall evaluate organizational performance measures or

13 functional performance measures and determine whether

14 organizations are performing satisfactorily for purposes of

15 continuing participation in the pilot program.

16 (g) PERFORMANCE MEASURES.—Performance meas17 ures should include the following, which shall be measured

18 against organizational baselines determined before partici19 pation in the pilot program:

20 (1) Costs, savings, and overall financial per21 formance of the organization.

22 (2) Organic knowledge, skills or expertise.

23 (3) Efficiency and effectiveness of key functions

24 or processes.
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1 (4) Efficiency and effectiveness of the overall

2 organization.

3 (5) General customer satisfaction.

4 (h) DEFINITIONS.—In this section

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

6 means an organization whose performance exceeds

7 that of comparable providers, whether public or pri8 vate.

9 (2) The term ‘‘Business Process Re10 engineering’’ refers to an organization’s complete

11 and thorough analysis and reengineering of mission

12 and support functions and processes to achieve im13 provements in performance, including a fundamental

14 reshaping of the way work is done to better support

15 an organization’s mission and reduce costs.

16 SEC. 323. DELAYED IMPLEMENTATION OF REVISED OFFICE

17 OF MANAGEMENT AND BUDGET CIRCULAR A18 76 BY DEPARTMENT OF DEFENSE PENDING

19 REPORT.

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

21 competitions may be conducted under the policies and pro22 cedures contained in any revisions to Office of Manage23 ment and Budget Circular A–76, as the circular exists as

24 of May 1, 2003, for possible contracting out of work being

25 performed, as of such date, by employees of the Depart-
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1 ment of Defense, until the end of the 45-day period begin2 ning on the date on which the Secretary of Defense sub3 mits to Congress a report on the impacts and effects of

4 the revisions.

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

6 subsection (a) shall contain, at a minimum, specific infor7 mation regarding the following:

8 (1) The extent to which the revisions will en9 sure that employees of the Department of Defense

10 have the opportunity to compete to retain their jobs.

11 (2) The extent to which the revisions will pro12 vide appeal and protest rights to employees of the

13 Department of Defense that are equivalent to those

14 available to contractors.

15 (3) Identify safeguards in the revisions to en16 sure that all public-private competitions are fair, ap17 propriate, and comply with requirements of full and

18 open competition.

19 (4) The plans and strategies of the Department

20 to ensure an appropriate phase-in period for the re21 visions, as recommended by the Commercial Activi22 ties Panel of the Government Accounting Office in

23 its April 2002 report to Congress, including rec24 ommendations for any legislative changes that may
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1 be required to ensure a smooth and efficient phase2 in period.

3 (5) The plans and strategies of the Department

4 to collect and analyze data on the costs and quality

5 of work contracted out or retained in-house as a re6 sult of a sourcing process conducted under the re7 vised Office of Management and Budget circular A–

8 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 mul17 tiple 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 im24 provements would result from the trade combina-
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1 tions proposed to be implemented under the dem2 onstration 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

8 percent 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

18 operation and maintenance of the Naval Aviation Depots

19 selected to participate in the demonstration project shall

20 be used as the source of funds to carry out the demonstra21 tion project, including the source of funds for pay in22 creases 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 trans5 mit a copy the report to the Comptroller General. Within

6 90 days after receiving a report, the Comptroller General

7 shall submit to Congress an evaluation of the report.

8 Subtitle D—Information

9 Technology

10 SEC. 331. PERFORMANCE-BASED AND RESULTS-BASED

11 MANAGEMENT REQUIREMENTS FOR CHIEF

12 INFORMATION OFFICERS OF DEPARTMENT

13 OF DEFENSE.

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

15 United States Code, is amended—

16 (1) by redesignating subsection (c) as sub17 section (e); and

18 (2) by inserting after subsection (b) the fol19 lowing new subsection:

20 ‘‘(c) PERFORMANCE-BASED AND RESULTS-BASED

21 MANAGEMENT.—In addition to the responsibilities pro22 vided for in subsections (a) and (b), the Chief Information

23 Officer of the Department of Defense and the Chief Infor24 mation Officer of a military department shall—
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1 ‘‘(1) encourage the use of performance-based

2 and results-based management in fulfilling the re3 sponsibilities provided for in subsections (a) and (b),

4 as applicable;

5 ‘‘(2) evaluate the information resources man6 agement practices of the department concerned with

7 respect to the performance and results of the invest8 ments made by the department in information tech9 nology;

10 ‘‘(3) establish effective and efficient capital

11 planning processes for selecting, managing, and eval12 uating the results of all of the department’s major

13 investments 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 mission17 related processes, administrative processes, and any

18 significant investments in information technology to

19 be 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

25 (a), 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

3 each Defense Agency and Department of Defense Field

4 Activity to ensure that the responsibilities set forth in sub5 sections (b) and (c) for Chief Information Officers of mili6 tary departments are carried out within the Agency or

7 Field Activity by any officer or employee acting as a chief

8 information officer or carrying out duties similar to a chief

9 information 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 fol15 lows:

16 ‘‘§ 2451. Defense supply management

17 ‘‘(a) SINGLE CATALOG SYSTEM.—The Secretary of

18 Defense shall adopt, implement and maintain a single

19 catalog system for standardizing supplies for the Depart20 ment of Defense. The single catalog system shall be used

21 for each supply the Department uses, buys, stocks, or dis22 tributes.

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

24 highest degree practicable, the Secretary of Defense

25 shall—
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1 ‘‘(1) adopt and use single commercial standards

2 or voluntary standards, in consultation with industry

3 advisory groups, in order to eliminate overlapping

4 and duplicate specifications for supplies for the De5 partment of Defense and to reduce the number of

6 sizes and kind of supplies that are generally similar;

7 ‘‘(2) standardize the methods of packing, pack8 aging, and preserving supplies; and

9 ‘‘(3) make efficient use of the services and fa10 cilities for inspecting, testing, and accepting sup11 plies.

12 ‘‘(c) CONSULTATION AND COOPERATION.—The Sec13 retary of Defense shall maintain liaison with industry ad14 visory groups to coordinate the development of the supply

15 catalog and the standardization program with the best

16 practices of industry and to obtain the fullest practicable

17 cooperation and participation of industry in developing the

18 supply catalog and the standardization program.’’.

19 (b) EQUIPMENT STANDARDIZATION WITH NATO

20 MEMBERS.—Section 2457 of such title is amended by

21 striking subsection (d).

22 (c) CONFORMING REPEALS.—(1) Chapter 145 of

23 such title is amended by striking sections 2452, 2453, and

24 2454.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by striking the items related to sec3 tions 2452, 2453, and 2454.

4 SEC. 342. SPACE-AVAILABLE TRANSPORTATION FOR DE5 PENDENTS OF MEMBERS ASSIGNED TO OVER6 SEAS DUTY LOCATIONS FOR CONTINUOUS

7 PERIOD IN EXCESS OF ONE YEAR.

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

9 States Code, is amended by adding at the end the fol10 lowing new section:

11 ‘‘§ 2648. Dependents of members assigned to overseas

12 duty locations for continuous period in

13 excess of one year: space-available trans14 portation

15 ‘‘(a) AUTHORITY.—The Secretary of Defense shall

16 authorize travel on Government aircraft on a space-avail17 able basis for dependents of members on active duty as18 signed to duty at an overseas location as described in sub19 section (b) to the same extent as such travel is authorized

20 for a dependent of a member assigned to that duty loca21 tion in a permanent change of station status.

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

23 location described in this subsection is duty for a contin24 uous period in excess of one year that is in a temporary
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1 duty status or that is in a permanent duty status without

2 change of station.

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

4 authorized for other members at that duty location, travel

5 provided under this section may include (1) travel between

6 the overseas duty location and the United States and re7 turn, and (2) travel between the overseas duty location

8 and another overseas location and return.

9 ‘‘(d) ALASKA AND HAWAII.—For purposes of this

10 section, duty in Alaska or Hawaii shall be considered to

11 be duty at an overseas location.’’.

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

13 at the beginning of such chapter is amended by adding

14 at the 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.’’.

15 SEC. 343. PRESERVATION OF AIR FORCE RESERVE WEATH16 ER RECONNAISSANCE MISSION.

17 The Secretary of Defense shall not disestablish, dis18 continue, or transfer the weather reconnaissance mission

19 of the Air Force Reserve unless the Secretary determines

20 that another organization or entity can demonstrate that

21 it has the capability to perform the same mission with the

22 same capability as the Air Force Reserve.
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1 SEC. 344. EXPANSION OF DEPARTMENT OF DEFENSE EX2 CESS PERSONAL PROPERTY DISPOSAL PRO3 GRAM TO INCLUDE HEALTH AGENCIES IN AD4 DITION TO LAW ENFORCEMENT AND FIRE5 FIGHTING AGENCIES.

6 (a) INCLUSION OF HEALTH AGENCIES.—Section

7 2576b of title 10, United States Code, is amended—

8 (1) by striking subsection (a) and inserting the

9 following new subsection (a):

10 ‘‘(a) TRANSFER AUTHORIZED.—Subject to sub11 section (b), the Secretary of Defense may transfer to a

12 firefighting agency or health agency in a State any per13 sonal property of the Department of Defense that the Sec14 retary determines is—

15 ‘‘(1) excess to the needs of the Department of

16 Defense; and

17 ‘‘(2) suitable for use in providing fire and emer18 gency medical services or responding to health or en19 vironmental emergencies, including personal protec20 tive equipment and equipment for communication

21 and monitoring.’’; and

22 (2) in subsection (b)(2) and (c), by striking

23 ‘‘firefighting’’ both places it appears.

24 (b) CLERICAL AMENDMENTS.—(1) The heading of

25 such section is amended to read as follows:
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1 ‘‘§ 2576b. Excess personal property: sale or donation

2 to assist firefighting agencies and health

3 agencies

4 (2) The table of sections at the beginning of chapter

5 153 of such title is amended by striking the item relating

6 to section 2576b and inserting the following new item:

‘‘2576b. Excess personal property: sale or donation to assist firefighting agencies and health agencies.’’.

7 SEC. 345. DEPARTMENT OF DEFENSE PUBLIC HEALTH AS8 SESSMENT OF EXPOSURE TO PERCHLORATE.

9 (a) EPIDEMIOLOGICAL STUDY OF EXPOSURE TO

10 PERCHLORATE.—

11 (1) IN GENERAL.—The Secretary of Defense

12 shall provide for an independent epidemiological

13 study of exposure to perchlorate in drinking water.

14 (2) PERFORMANCE OF STUDY.—The Secretary

15 shall provide for the performance of the study under

16 this subsection through the Centers for Disease Con17 trol, the National Institutes of Health, or another

18 Federal entity with experience in environmental toxi19 cology selected by the Secretary for purposes of the

20 study.

21 (3) MATTERS TO BE INCLUDED IN STUDY.—In

22 providing for the study under this subsection, the

23 Secretary shall require the Federal entity conducting

24 the study—
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1 (A) to assess the incidence of thyroid dis2 ease and measurable effects of thyroid function

3 in relation to exposure to perchlorate;

4 (B) to ensure that the study is of sufficient

5 scope and scale to permit the making of mean6 ingful conclusions of the measurable public

7 health threat associated with exposure to per8 chlorate, especially the threat to sensitive sub9 populations; and

10 (C) to study thyroid function, including

11 measurements of urinary iodine and thyroid

12 hormone levels, in a sufficient number of preg13 nant women, neonates, and infants exposed to

14 perchlorate in drinking water and match meas15 urements of perchlorate levels in the drinking

16 water of each study participant in order to per17 mit the development of meaningful conclusions

18 on the public health threat to individuals ex19 posed to perchlorate.

20 (4) REPORT ON STUDY.—The Secretary shall

21 require the Federal entity conducting the study

22 under this subsection to submit to the Secretary a

23 report on the study not later than June 1, 2005.

24 (b) REVIEW OF EFFECTS OF PERCHLORATE ON EN25 DOCRINE SYSTEM.—
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1 (1) IN GENERAL.—The Secretary shall provide

2 for an independent review of the effects of per3 chlorate on the human endocrine system.

4 (2) PERFORMANCE OF REVIEW.—The Secretary

5 shall provide for the performance of the review

6 under this subsection through the Centers for Dis7 ease Control, the National Institutes of Health, or

8 another appropriate Federal research entity with ex9 perience in human endocrinology selected by the Sec10 retary for purposes of the review. The Secretary

11 shall ensure that the panel conducting the review is

12 composed of individuals with expertise in human en13 docrinology.

14 (3) MATTERS TO BE INCLUDED IN REVIEW.—

15 In providing for the review under this subsection,

16 the Secretary shall require the Federal entity con17 ducting the review to assess—

18 (A) available data on human exposure to

19 perchlorate, including clinical data and data on

20 exposure of sensitive subpopulations, and the

21 levels at which health effects were observed; and

22 (B) available data on other substances that

23 have endocrine effects similar to perchlorate to

24 which the public is frequently exposed.
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1 (4) REPORT ON REVIEW.—The Secretary shall

2 require the Federal entity conducting the review

3 under this subsection to submit to the Secretary a

4 report on the review not later than June 1, 2005.

5 SEC. 346. PERMANENT AUTHORITY FOR PURCHASE OF CER6 TAIN MUNICIPAL SERVICES AT INSTALLA7 TIONS IN MONTEREY COUNTY, CALIFORNIA.

8 (a) AUTHORITY.—Subject to subsection (b), public

9 works, utility, and other municipal services needed for the

10 operation of any Department of Defense asset in Monterey

11 County, California, may be purchased from government

12 agencies located in that county.

13 (b) PROHIBITION ON PURCHASE OF CERTAIN SERV14 ICES.—Section 2465 of title 10, United States Code, relat15 ing to the purchase of firefighting or security-guard serv16 ices at a military installation, applies with respect to the

17 authority provided by subsection (a).

18 (c) CONFORMING AMENDMENT.—Section 816 of the

19 National Defense Authorization Act for Fiscal Year 1995

20 (Public Law 103–337; 108 Stat. 2820) is repealed.
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1 TITLE IV—MILITARY

2 PERSONNEL AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 The Armed Forces are authorized strengths for active

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

7 (1) The Army, 482,375.

8 (2) The Navy, 375,700.

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

10 (4) The Air Force, 361,268.

11 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END

12 STRENGTH MINIMUM LEVELS.

13 Effective October 1, 2003, section 691(b) of title 10,

14 United States Code, is amended as follows:

15 (1) ARMY.—Paragraph (1) is amended by strik16 ing ‘‘480,000’’ and inserting ‘‘482,375’’.

17 (2) AIR FORCE.—Paragraph (4) is amended by

18 striking ‘‘359,000’’ and inserting ‘‘361,268’’.

19 Subtitle B—Reserve Forces

20 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

22 strengths for Selected Reserve personnel of the reserve

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

24 (1) The Army National Guard of the United

25 States, 350,000.
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1 (2) The Army Reserve, 205,000.

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

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

4 (5) The Air National Guard of the United

5 States, 107,000.

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

7 (7) The Coast Guard Reserve, 10,000.

8 (b) ADJUSTMENTS.—The end strengths prescribed by

9 subsection (a) for the Selected Reserve of any reserve com10 ponent shall be proportionately reduced by—

11 (1) the total authorized strength of units orga12 nized to serve as units of the Selected Reserve of

13 such component which are on active duty (other

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

15 (2) the total number of individual members not

16 in units organized to serve as units of the Selected

17 Reserve of such component who are on active duty

18 (other than for training or for unsatisfactory partici19 pation in training) without their consent at the end

20 of the fiscal year.

21 Whenever such units or such individual members are re22 leased from active duty during any fiscal year, the end

23 strength prescribed for such fiscal year for the Selected

24 Reserve of such reserve component shall be proportion-
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1 ately increased by the total authorized strengths of such

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

3 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

4 DUTY IN SUPPORT OF THE RESERVES.

5 Within the end strengths prescribed in section

6 411(a), the reserve components of the Armed Forces are

7 authorized, as of September 30, 2004, the following num8 ber of Reserves to be serving on full-time active duty or

9 full-time duty, in the case of members of the National

10 Guard, for the purpose of organizing, administering, re11 cruiting, instructing, or training the reserve components:

12 (1) The Army National Guard of the United

13 States, 25,386.

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

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

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

17 (5) The Air National Guard of the United

18 States, 12,140.

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

20 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

21 (DUAL STATUS).

22 The minimum number of military technicians (dual

23 status) as of the last day of fiscal year 2004 for the re24 serve components of the Army and the Air Force (notwith-
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1 standing section 129 of title 10, United States Code) shall

2 be the following:

3 (1) For the Army National Guard of the

4 United States, 24,589.

5 (2) For the Army Reserve, 7,844.

6 (3) For the Air National Guard of the

7 United States, 22,806.

8 (4) For the Air Force Reserve, 9,991.

9 SEC. 414. FISCAL YEAR 2004 LIMITATION ON NON-DUAL STA10 TUS TECHNICIANS.

11 The number of non-dual status technicians of a re12 serve component of the Army or the Air Force as of Sep13 tember 30, 2004, may not exceed the following:

14 (1) For the Army Reserve, 910.

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

16 States, 1,600.

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

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

19 States, 350.

20 SEC. 415. PERMANENT LIMITATIONS ON NUMBER OF NON21 DUAL STATUS TECHNICIANS.

22 Section 10217(c) of title 10, United States Code, is

23 amended by striking ‘‘and Air Force Reserve may not ex24 ceed 175’’ and inserting ‘‘may not exceed 595 and by the

25 Air Force Reserve may not exceed 90’’.
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1 Subtitle C—Authorizations of

2 Appropriations

3 SEC. 421. MILITARY PERSONNEL.

4 There is hereby authorized to be appropriated to the

5 Department of Defense for military personnel for fiscal

6 year 2004 a total of $98,634,511,000. The authorization

7 in the preceding sentence supersedes any other authoriza8 tion of appropriations (definite or indefinite) for such pur9 pose for fiscal year 2004.

10 SEC. 422. ARMED FORCES RETIREMENT HOME.

11 There is hereby authorized to be appropriated for fis12 cal year 2004 from the Armed Forces Retirement Home

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

14 the Armed Forces Retirement Home.

15 TITLE V—MILITARY PERSONNEL

16 POLICY

17 Subtitle A—General and Flag

18 Officer Matters

19 SEC. 501. STANDARDIZATION OF QUALIFICATIONS FOR AP20 POINTMENT AS SERVICE CHIEF.

21 (a) CHIEF OF NAVAL OPERATIONS.—Section

22 5033(a)(1) of title 10, United States Code, is amended

23 by striking ‘‘from officers on the active-duty list in the

24 line of the Navy who are eligible to command at sea and
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1 who hold the grade of rear admiral or above’’ and insert2 ing ‘‘flag officers of the Navy’’.

3 (b) COMMANDANT OF THE MARINE CORPS.—Section

4 5043(a)(1) of title 10, United States Code, is amended

5 by striking ‘‘from officers on the active-duty list of the

6 Marine Corps not below the grade of colonel’’ and insert7 ing ‘‘general officers of the Marine Corps’’.

8 Subtitle B—Other Officer

9 Personnel Policy Matters

10 SEC. 511. REPEAL OF PROHIBITION ON TRANSFER BE11 TWEEN LINE OF THE NAVY AND NAVY STAFF

12 CORPS APPLICABLE TO REGULAR NAVY OFFI13 CERS IN GRADES ABOVE LIEUTENANT COM14 MANDER.

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

16 Code, is repealed.

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

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

19 by striking the item relating to section 5582.

20 SEC. 512. RETENTION OF HEALTH PROFESSIONS OFFICERS

21 TO FULFILL ACTIVE-DUTY SERVICE COMMIT22 MENTS FOLLOWING PROMOTION NONSELEC23 TION.

24 (a) IN GENERAL.—Section 632 of title 10, United

25 States Code, is amended—
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1 (1) in subsection (a)(1), by inserting ‘‘except as

2 provided in paragraph (3) and in subsection (c),’’

3 before ‘‘be discharged’’; and

4 (2) by adding at the end the following new sub5 section:

6 ‘‘(c)(1) If a health professions officer described in

7 paragraph (2) is subject to discharge under subsection

8 (a)(1) and, as of the date on which the officer is to be

9 discharged under that paragraph, the officer has not com10 pleted a period of active duty service obligation that the

11 officer incurred under section 2005, 2114, 2123, or 2603

12 of this title, the officer shall be retained on active duty

13 until completion of such active duty service obligation, and

14 then be discharged under that subsection, unless sooner

15 retired or discharged under another provision of law.

16 ‘‘(2) The Secretary concerned may waive the applica17 bility of paragraph (1) to any officer if the Secretary de18 termines that completion of the active duty service obliga19 tion of that officer is not in the best interest of the service.

20 ‘‘(3) This subsection applies to a medical officer or

21 dental officer or an officer appointed in a medical skill

22 other than as a medical officer or dental officer (as defined

23 in regulations prescribed by the Secretary of Defense).’’.
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1 (b) TECHNICAL AMENDMENTS.—Sections 630(2),

2 631(a)(3), and 632(a)(3) of such title are amended by

3 striking ‘‘clause’’ and inserting ‘‘paragraph’’.

4 (c) EFFECTIVE DATE.—The amendments made by

5 subsection (a) shall not apply in the case of an officer who

6 as of the date of the enactment of this Act is required

7 to be discharged under section 632(a)(1) of title 10,

8 United States Code, by reason of having failed of selection

9 for promotion to the next higher regular grade a second

10 time.

11 SEC. 513. INCREASED FLEXIBILITY FOR VOLUNTARY RE12 TIREMENT FOR MILITARY OFFICERS.

13 (a) IN GENERAL.—Section 1370 of title 10, United

14 States Code, is amended—

15 (1) in subsection (a)—

16 (A) in paragraph (1)—

17 (i) by striking ‘‘except as provided in

18 paragraph (2)’’ and inserting ‘‘subject to

19 paragraphs (2) and (3)’’; and

20 (ii) by striking ‘‘, for not less than six

21 months’’;

22 (B) by redesignating paragraph (3) as

23 paragraph (4); and

24 (C) by striking paragraph (2) and insert25 ing the following:
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1 ‘‘(2) In order to be eligible for voluntary retirement

2 under this title in a grade below the grade of lieutenant

3 colonel or commander, a commissioned officer of the

4 Army, Navy, Air Force, or Marine Corps covered by para5 graph (1) must have served on active duty in that grade

6 for not less than six months.

7 ‘‘(3)(A) In order to be eligible for voluntary retire8 ment in a grade above major or lieutenant commander and

9 below brigadier general or rear admiral (lower half), a

10 commissioned officer of the Army, Navy, Air Force, or

11 Marine Corps covered by paragraph (1) must have served

12 on active duty in that grade for not less than three years,

13 except that the Secretary of Defense may authorize the

14 Secretary of the military department concerned to reduce

15 such period to a period not less than two years.

16 ‘‘(B) In order to be eligible for voluntary retirement

17 in a grade above colonel or captain, in the case of the

18 Navy, a commissioned officer of the Army, Navy, Air

19 Force, or Marine Corps covered by paragraph (1) must

20 have served on active duty in that grade for not less than

21 one year.

22 ‘‘(C) An officer in a grade above major general or

23 rear admiral may be retired in the highest grade in which

24 the officer served on active duty satisfactorily for not less

25 than one year, upon approval by the Secretary of the mili-
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1 tary department concerned and concurrence by the Sec2 retary of Defense. The function of the Secretary of De3 fense under the preceding sentence may only be delegated

4 to a civilian official in the Office of the Secretary of De5 fense appointed by the President, by and with the advice

6 and consent of the Senate.

7 ‘‘(D) The President may waive subparagraph (A),

8 (B) or (C) in individual cases involving extreme hardship

9 or exceptional or unusual circumstances. The authority of

10 the President under the preceding sentence may not be

11 delegated.’’;

12 (2) in subsection (b), by inserting ‘‘or whose

13 service on active duty in that grade was not deter14 mined to be satisfactory by the Secretary of the mili15 tary department concerned’’ after ‘‘specified in sub16 section (a)’’;

17 (3) by striking subsection (c); and

18 (4) by redesignating subsection (d) as sub19 section (c) and in that subsection—

20 (A) in paragraph (3)—

21 (i) in subparagraph (A)—

22 (I) by inserting ‘‘(i)’’ after

23 ‘‘(3)(A)’’;
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1 (II) by inserting ‘‘and below brig2 adier general or rear admiral (lower

3 half)’’ after ‘‘lieutenant commander’’;

4 (III) by inserting ‘‘, except that

5 the Secretary of Defense may author6 ize the Secretary of the military de7 partment concerned to reduce such

8 period to a period not less than two

9 years’’ after ‘‘three years’’; and

10 (IV) by adding at the end the fol11 lowing new clauses:

12 ‘‘(ii) In order to be credited with satisfactory service

13 in a grade above colonel or captain, in the case of the

14 Navy, a person covered by paragraph (1) must have served

15 satisfactorily in that grade (as determined by the Sec16 retary of the military department concerned) as a reserve

17 commissioned officer in active status, or in a retired status

18 on active duty, for not less than one year.

19 ‘‘(iii) An officer covered by paragraph (1) who is in

20 a grade above the grade of major general or rear admiral

21 may be retired in the highest grade in which the officer

22 served satisfactorily for not less than one year, upon ap23 proval by the Secretary of the military department con24 cerned and concurrence by the Secretary of Defense. The

25 function of the Secretary of Defense under the preceding
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1 sentence may only be delegated to a civilian official in the

2 Office of the Secretary of Defense appointed by the presi3 dent, by and with the advice and consent of the Senate.’’;

4 (ii) in subparagraphs (D) and (E), by

5 striking ‘‘subparagraph (A)’’ and inserting

6 ‘‘subparagraph (A)(i)’’; and

7 (iii) by striking subparagraph (F);

8 and

9 (B) by striking paragraphs (5) and (6);

10 and

11 (5) by striking subsection (e).

12 (b) CONFORMING AMENDMENTS.—Section

13 1406(i)(2) of such title is amended—

14 (1) in the paragraph heading, by striking

15 ‘‘MEMBERS’’ and all that follows through ‘‘SATISFAC16 TORILY’’ and inserting ‘‘ENLISTED MEMBERS RE17 DUCED IN GRADE’’;

18 (2) by striking ‘‘a member’’ and inserting ‘‘an

19 enlisted member’’;

20 (3) by striking ‘‘1998—’’ and all that follows

21 through ‘‘is reduced in’’ and inserting ‘‘1998, is re22 duced in’’;

23 (4) by striking ‘‘; or’’ and inserting a period;

24 and

25 (5) by striking subparagraph (B).
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply with respect to the determination

3 of the retired grade of members of the Armed Forces retir4 ing on or after the date of the enactment of this Act.

5 SEC. 514. REPEAL OF REQUIRED GRADE OF DEFENSE

ATTACHE ́ 6 IN FRANCE.

7 (a) IN GENERAL.—Section 714 of title 10, United

8 States Code, is repealed.

9 (b) CONFORMING AMENDMENT.—The table of sec10 tions at the beginning of chapter 41 of such title is amend11 ed by striking the item relating to section 714.

12 Subtitle C—Reserve Component

13 Matters

14 SEC. 521. STREAMLINED PROCESS FOR CONTINUATION OF

15 OFFICERS ON THE RESERVE ACTIVE-STATUS

16 LIST.

17 (a) REPEAL OF REQUIREMENT FOR USE OF SELEC18 TION BOARDS.—Section 14701 of title 10, United States

19 Code, is amended—

20 (1) in subsection (a)—

21 (A) in paragraph (1), by striking ‘‘by a se22 lection board convened under section 14101(b)

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

24 prescribed by the Secretary of Defense; and
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1 (B) in paragraph (6), by striking ‘‘as a re2 sult of the convening of a selection board under

3 section 14101(b) of this title’’ and inserting

4 ‘‘under regulations prescribed under paragraph

5 (1)’’;

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

7 (3) by redesignating subsection (d) as sub8 section (b).

9 (b) CONFORMING AMENDMENTS.—(1) Section

10 14101(b) of such title is amended—

11 (A) by striking ‘‘CONTINUATION BOARDS’’ and

12 inserting ‘‘SELECTIVE EARLY SEPARATION

13 BOARDS’’;

14 (B) by striking paragraph (1);

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

16 paragraphs (1) and (2), respectively; and

17 (D) by striking the last sentence.

18 (2) Section 14102(a) of such title is amended by

19 striking ‘‘Continuation boards’’ and inserting ‘‘Selection

20 boards convened under section 14101(b) of this title’’.

21 (3) Section 14705(b)(1) of such title is amended by

22 striking ‘‘continuation board’’ and inserting ‘‘selection

23 board’’.
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1 SEC. 522. CONSIDERATION OF RESERVE OFFICERS FOR PO2 SITION VACANCY PROMOTIONS IN TIME OF

3 WAR OR NATIONAL EMERGENCY.

4 (a) PROMOTION CONSIDERATION WHILE ON ACTIVE5 DUTY LIST.—(1) Subsection (d) of section 14317 of title

6 10, United States Code, is amended by striking ‘‘If a re7 serve officer’’ and inserting ‘‘Except as provided in sub8 section (e), if a reserve officer’’.

9 (2) Subsection (e) of such section is amended to read

10 as follows:

11 ‘‘(e) OFFICERS ORDERED TO ACTIVE DUTY IN TIME

12 OF WAR OR NATIONAL EMERGENCY.—(1) A reserve offi13 cer who is not on the active-duty list and who is ordered

14 to active duty in time of war or national emergency may,

15 if eligible, be considered for promotion—

16 ‘‘(A) by a mandatory promotion board convened

17 under section 14101(a) of this title or a special se18 lection board convened under section 14502 of this

19 title; or

20 ‘‘(B) in the case of an officer who has been or21 dered to or is serving on active duty in support of

22 a contingency operation, by a vacancy promotion

23 board convened under section 14101(a) of this title.

24 ‘‘(2) An officer may not be considered for promotion

25 under this subsection after the end of the two-year period
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1 beginning on the date on which the officer is ordered to

2 active duty.

3 ‘‘(3) An officer may not be considered for promotion

4 under this subsection during a period when the operation

5 of this section has been suspended by the President under

6 the provisions of section 123 or 10213 of this title.

7 ‘‘(4) Consideration of an officer for promotion under

8 this subsection shall be under regulations prescribed by

9 the Secretary of the military department concerned.’’.

10 (b) CONFORMING AMENDMENT.—Section

11 14315(a)(1) of such title is amended by striking ‘‘as deter12 mined by the Secretary concerned, is available’’ and in13 serting ‘‘under regulations prescribed by the Secretary

14 concerned, has been recommended’’.

15 SEC. 523. SIMPLIFICATION OF DETERMINATION OF ANNUAL

16 PARTICIPATION FOR PURPOSES OF READY

17 RESERVE TRAINING REQUIREMENTS.

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

19 States Code, is amended to read as follows:

20 ‘‘(a)(1) Except as provided pursuant to paragraph

21 (2), each person who is enlisted, inducted, or appointed

22 in an armed force and who becomes a member of the

23 Ready Reserve under any provision of law other than sec24 tion 513 or 10145(b) of this title shall be required, while

25 in the Ready Reserve, to participate in a combination of
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1 drills, training periods, and active duty equivalent to 38

2 days (exclusive of travel) during each year.

3 ‘‘(2) The Secretary of Defense, and the Secretary of

4 Homeland Security with respect to the Coast Guard when

5 it is not operating as a service in the Navy, may prescribe

6 regulations providing specific exceptions for the require7 ments of paragraph (1).’’.

8 SEC. 524. AUTHORITY FOR DELEGATION OF REQUIRED SEC9 RETARIAL SPECIAL FINDING FOR PLACE10 MENT OF CERTAIN RETIRED MEMBERS IN

11 READY RESERVE.

12 The last sentence of section 10145(d) of title 10,

13 United States Code, is amended to read as follows: ‘‘The

14 authority of the Secretary concerned under the preceding

15 sentence may not be delegated—

16 ‘‘(1) to a civilian officer or employee of the mili17 tary department concerned below the level of the As18 sistant Secretary of the military department con19 cerned; or

20 ‘‘(2) to a member of the armed forces below the

21 level of the lieutenant general or vice admiral in an

22 armed force with responsibility for military per23 sonnel policy in that armed force.’’.
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1 SEC. 525. AUTHORITY TO PROVIDE EXPENSES OF ARMY

2 AND AIR STAFF PERSONNEL AND NATIONAL

3 GUARD BUREAU PERSONNEL ATTENDING NA4 TIONAL CONVENTIONS OF CERTAIN MILI5 TARY ASSOCIATIONS.

6 (a) AUTHORITY.—Section 107(a)(2) of title 32,

7 United States Code, is amended—

8 (1) by striking ‘‘officers’’ and inserting ‘‘mem9 bers’’;

10 (2) by striking ‘‘Army General Staff’’ and in11 serting ‘‘Army Staff’’; and

12 (3) by striking ‘‘National Guard Association of

13 the United States’’ and inserting ‘‘, Enlisted Asso14 ciation of the National Guard of the United States,

15 National Guard Association of the United States,’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall not apply with respect to funds appro18 priated for a fiscal year before fiscal year 2004.

19 Subtitle D—Military Education and

20 Training

21 SEC. 531. AUTHORITY FOR THE MARINE CORPS UNIVER22 SITY TO AWARD THE DEGREE OF MASTER OF

23 OPERATIONAL STUDIES.

24 (a) AUTHORITY.—Section 7102 of title 10, United

25 States Code, is amended—
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1 (1) by redesignating subsections (c) and (d) as

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

3 (2) by inserting after subsection (b) the fol4 lowing new subsection (c):

5 ‘‘(c) COMMAND AND STAFF COLLEGE OF THE MA6 RINE CORP UNIVERSITY.—Upon the recommendation of

7 the Director and faculty of the Command and Staff Col8 lege of the Marine Corps University, the President of the

9 Marine Corps University may confer the degree of master

10 of operational studies upon graduates of the Command

11 and Staff College’s School of Advanced Warfighting who

12 fulfill the requirements for that degree.’’.

13 (b) EFFECTIVE DATE.—The authority to confer the

14 degree of master of operational studies under section

15 7102(c) of title 10, United States Code (as added by sub16 section (a)) may not be exercised until the Secretary of

17 Education determines, and certifies to the President of the

18 Marine Corps University, that the requirements estab19 lished by the Command and General Staff College of the

20 Marine Corps University for that degree are in accordance

21 with generally applicable requirements for a degree of

22 master of arts. Upon receipt of such a certification, the

23 President of the University shall promptly transmit a copy

24 of the certification to the Committee on Armed Services
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1 of the Senate and Committee on Armed Services of the

2 House of Representatives.

3 SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE AUTHOR4 ITY FOR CADETS AND MIDSHIPMEN RECEIV5 ING ROTC SCHOLARSHIPS.

6 (a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE

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

8 States Code, is amended by adding at the end the fol9 lowing new paragraphs:

10 ‘‘(3) In the case of a cadet or midshipman eligible

11 to receive financial assistance under paragraph (1) or (2),

12 the Secretary of the military department concerned may,

13 in lieu of all or part of the financial assistance described

14 in paragraph (1), provide financial assistance in the form

15 of room and board expenses for the cadet or midshipman

16 and other expenses required by the educational institution.

17 ‘‘(4) The total amount of financial assistance, includ18 ing the payment of room and board and other educational

19 expenses, provided to a cadet or midshipman in an aca20 demic year under this subsection may not exceed an

21 amount equal to the amount that could be provided as fi22 nancial assistance for such cadet or midshipman under

23 paragraph (1) or (2), or other amount determined by the

24 Secretary concerned, without regard to whether room and
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1 board and other educational expenses for such cadet or

2 midshipman are paid under paragraph (3).’’.

3 (b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE

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

5 title is amended—

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

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

8 paragraphs:

9 ‘‘(2) In the case of a cadet eligible to receive financial

10 assistance under paragraph (1), the Secretary of the mili11 tary department concerned may, in lieu of all or part of

12 the financial assistance described in paragraph (1), pro13 vide financial assistance in the form of room and board

14 expenses for such cadet and other expenses required by

15 the educational institution.

16 ‘‘(3) The total amount of financial assistance, includ17 ing the payment of room and board and any other edu18 cational expenses, provided to a cadet in an academic year

19 under this subsection may not exceed an amount equal

20 to the amount that could be provided as financial assist21 ance for such cadet under paragraph (1), or other amount

22 determined by the Secretary of the Army, without regard

23 to whether the room and board and other educational ex24 penses for such cadet are paid under paragraph (2).’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to payment of expenses of cadets

3 and midshipmen of the Senior Reserve Officers’ Training

4 Corps program that are due after the date of the enact5 ment of this Act.

6 SEC. 533. INCREASE IN ALLOCATION OF SCHOLARSHIPS

7 UNDER ARMY RESERVE ROTC SCHOLARSHIP

8 PROGRAM TO STUDENTS AT MILITARY JUN9 IOR COLLEGES.

10 Section 2107a(h) of title 10, United States Code, is

11 amended by striking ‘‘10’’ each place it appears and in12 serting ‘‘17’’.

13 SEC. 534. INCLUSION OF ACCRUED INTEREST IN AMOUNTS

14 THAT MAY BE REPAID UNDER SELECTED RE15 SERVE CRITICAL SPECIALTIES EDUCATION

16 LOAN REPAYMENT PROGRAM.

17 Section 16301 of title 10, United States Code, is

18 amended—

19 (1) in subsection (b), by inserting before the pe20 riod at the end the following: ‘‘, plus the amount of

21 any interest that may accrue during the current

22 year’’; and

23 (2) in subsection (c), by adding at the end the

24 following new sentence: ‘‘For the purposes of this

25 section, any interest that has accrued on the loan for
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1 periods before the current year shall be considered

2 as within the total loan amount that shall be re3 paid.’’.

4 SEC. 535. AUTHORITY FOR NONSCHOLARSHIP SENIOR

5 ROTC SOPHOMORES TO VOLUNTARILY CON6 TRACT FOR AND RECEIVE SUBSISTENCE AL7 LOWANCE.

8 (a) AUTHORITY FOR ALLOWANCE.—Section 209 of

9 title 37, United States Code, is amended—

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

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

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

14 ‘‘(c) NONSCHOLARSHIP SENIOR ROTC MEMBERS

15 NOT IN ADVANCED TRAINING.—A member of the Selected

16 Reserve Officers’ Training Corps who has entered into an

17 agreement under section 2103a of title 10 is entitled to

18 a monthly subsistence allowance at a rate prescribed

19 under subsection (a). The allowance may be paid to the

20 member for a maximum of 20 months.’’.

21 (b) AUTHORITY TO ACCEPT ENROLLMENT.—(1)

22 Chapter 103 of title 10, United States Code, is amended

23 by inserting 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

4 successfully the first year of a four-year Senior Reserve

5 Officers’ Training Corps course and who is not eligible for

6 advanced training under section 2104 of this title and is

7 not a cadet or midshipman appointed under section 2107

8 of 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

12 the 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

21 if the person—

22 ‘‘(1) is a citizen of the United States;

23 ‘‘(2) enlists in an armed force under the juris24 diction of the Secretary of the military department

25 concerned for the period prescribed by the Secretary;

26 and
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1 ‘‘(3) executes a certificate of loyalty in such

2 form as the Secretary of Defense prescribes or take

3 a loyalty 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

8 chapter is amended by adding at the end the following

9 new item:

‘‘2103a. Students not eligible for advanced training: commitment to military

service.’’.

10 SEC. 536. APPOINTMENTS TO MILITARY SERVICE ACAD11 EMIES FROM NOMINATIONS MADE BY DELE12 GATES FROM GUAM, VIRGIN ISLANDS, AND

13 AMERICAN SAMOA.

14 (a) UNITED STATES MILITARY ACADEMY.—Section

15 4342(a) of title 10, United States Code, is amended—

16 (1) in paragraphs (6) and (8), by striking

17 ‘‘Two’’ and inserting ‘‘Three’’; and

18 (2) in paragraph (9), by striking ‘‘One’’ and in19 serting ‘‘Two’’.

20 (b) UNITED STATES NAVAL ACADEMY.—Section

21 6954(a) of such title is amended—

22 (1) in paragraphs (6) and (8), by striking

23 ‘‘Two’’ and inserting ‘‘Three’’; and
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1 (2) in paragraph (9), by striking ‘‘One’’ and in2 serting ‘‘Two’’.

3 (c) UNITED STATES AIR FORCE ACADEMY.—Section

4 9342(a) of such title is amended—

5 (1) in paragraphs (6) and (8), by striking

6 ‘‘Two’’ and inserting ‘‘Three’’; and

7 (2) in paragraph (9), by striking ‘‘One’’ and in8 serting ‘‘Two’’.

9 (d) EFFECTIVE DATE.—The amendments made by

10 this section shall apply with respect to the nomination of

11 candidates for appointment to the United States Military

12 Academy, the United States Naval Academy, and the

13 United States Air Force Academy for classes entering

14 those academies after the date of the enactment of this

15 Act.

16 SEC. 537. READMISSION TO SERVICE ACADEMIES OF CER17 TAIN FORMER CADETS AND MIDSHIPMEN.

18 (a) INSPECTOR GENERAL REPORT AS BASIS FOR RE19 ADMISSION.—(1) When a formal report by an Inspector

20 General within the Department of Defense concerning the

21 circumstances of the separation of a cadet or midshipman

22 from one of the service academies contains a specific find23 ing specified in paragraph (2), the Secretary of the mili24 tary department concerned may use that report as the sole
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1 basis for readmission of the former cadet or midshipman

2 to the respective service or service academy.

3 (2) A finding specified in this paragraph is a finding

4 that substantiates that a former service academy cadet or

5 midshipman, while attending the service academy—

6 (A) received administrative or punitive action or

7 nonjudicial punishment as a result of reprisal;

8 (B) resigned in lieu of disciplinary, administra9 tive, or other action that the formal report concludes

10 constituted a threat of reprisal; or

11 (C) otherwise suffered an injustice that contrib12 uted to the resignation of the cadet or midshipman.

13 (b) READMISSION.—In the case of a formal report by

14 an Inspector General described in subsection (a), the Sec15 retary concerned shall offer the former cadet or mid16 shipman an opportunity for readmission to the service

17 academy from which the former cadet or midshipman re18 signed, if the former cadet or midshipman is otherwise eli19 gible for such readmission.

20 (c) APPLICATIONS FOR READMISSION.—A former

21 cadet or midshipman described in a report referred to in

22 subsection (a) may apply for readmission to the service

23 academy on the basis of that report and shall not be re24 quired to submit the request for readmission through a

25 board for the correction of military records.
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1 (d) REGULATIONS TO MINIMIZE ADVERSE IMPACT

2 UPON READMISSION.—The Secretary of each military de3 partment shall prescribe regulations for the readmission

4 of a former cadet or midshipman described in subsections

5 (a), with the goal, to the maximum extent practicable, of

6 readmitting the former cadet or midshipman at no loss

7 of the academic or military status held by the former cadet

8 at the time of resignation.

9 (e) CONSTRUCTION WITH OTHER REMEDIES.—This

10 section does not preempt or supercede any other remedy

11 that may be available to a former cadet or midshipman.

12 (f) SERVICE ACADEMIES.—In this section, the term

13 ‘‘service academy’’ means the following:

14 (1) The United States Military Academy.

15 (2) The United States Naval Academy.

16 (3) The United States Air Force Academy.

17 SEC. 538. AUTHORIZATION FOR NAVAL POSTGRADUATE

18 SCHOOL TO PROVIDE INSTRUCTION TO EN19 LISTED MEMBERS PARTICIPATING IN CER20 TAIN PROGRAMS.

21 (a) INSTRUCTION OF ENLISTED MEMBERS.—Sub22 section (a) of section 7045 of title 10, United States Code,

23 is amended by striking paragraph (2) and inserting the

24 following:
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1 ‘‘(2) The Secretary may permit enlisted members of

2 the armed forces to receive instruction at the Naval Post3 graduate School for the purpose of attending—

4 ‘‘(A) executive level seminars; or

5 ‘‘(B) the information security scholarship pro6 gram under chapter 112 of this title.

7 ‘‘(3) In addition to instruction authorized under

8 paragraph (2), the Secretary may, on a space-available

9 basis, permit an enlisted member of any of the armed

10 forces to receive instruction at the Naval Postgraduate

11 School if the member is assigned permanently to the staff

12 of the Naval Postgraduate School or to a nearby com13 mand.’’.

14 (b) REIMBURSEMENT.—Subsection (b) of such sec15 tion is amended—

16 (1) by striking ‘‘The Department’’ and insert17 ing ‘‘(1) Except as provided under paragraph (3),

18 the Department’’;

19 (2) by striking ‘‘officers’’ in the first sentence

20 and inserting ‘‘members’’;

21 (3) by designating the second sentence as para22 graph (2) and in that sentence—

23 (A) by inserting ‘‘under subsection (a)(3)’’

24 after ‘‘permitted’’;
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1 (B) by inserting ‘‘on a space-available

2 basis’’ after ‘‘instruction at the Postgraduate

3 School’’; and

4 (C) by striking ‘‘(taking into consideration

5 the admission of enlisted members on a space6 available basis)’’; and

7 (4) by adding at the end the following new

8 paragraph:

9 ‘‘(3) The Secretary of Defense may prescribe excep10 tions to the requirements of paragraph (1) with regard

11 to attendance at the Postgraduate School pursuant to

12 chapter 112 of this title.’’.

13 SEC. 539. DEFENSE TASK FORCE ON SEXUAL HARASSMENT

14 AND VIOLENCE AT THE MILITARY SERVICE

15 ACADEMIES.

16 (a) ESTABLISHMENT.—The Secretary of Defense

17 shall establish a Department of Defense task force to ex18 amine matters relating to sexual harassment and violence

19 at the United States Military Academy and the United

20 States Naval Academy.

21 (b) RECOMMENDATIONS.—Not later than 12 months

22 after the date on which all members of the task force have

23 been appointed, the task force shall submit to the Sec24 retary of Defense a report recommending ways by which

25 the Department of Defense and the military services may
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1 more effectively address matters relating to sexual harass2 ment and violence at the United States Military Academy

3 and the United States Naval Academy. The report shall

4 include an assessment of, and recommendations (including

5 changes in law) for measures to improve, the following

6 with respect to sexual harassment and violence at those

7 academies:

8 (1) Victims’ safety programs.

9 (2) Offender accountability.

10 (3) Effective prevention of sexual harassment

11 and violence.

12 (4) Collaboration among military organizations

13 with responsibility or jurisdiction with respect to

14 sexual harassment and violence.

15 (5) Coordination between military and civilian

16 communities, including local support organizations,

17 with respect to sexual harassment and violence.

18 (6) Coordination between military and civilian

19 communities, including civilian law enforcement re20 lating to acts of sexual harassment and violence.

21 (7) Data collection and case management and

22 tracking.

23 (8) Curricula and training, including standard

24 training programs for cadets at the United States

25 Military Academy and midshipmen at the United
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1 States Naval Academy and for permanent personnel

2 assigned to those academies.

3 (9) Responses to sexual harassment and vio4 lence at those academies, including standard guide5 lines.

6 (10) Other issues identified by the task force

7 relating to sexual harassment and violence at those

8 academies.

9 (c) METHODOLOGY.—The task force shall consider

10 the findings and recommendations of previous reviews and

11 investigations of sexual harassment and violence con12 ducted for those academies as one of the bases for its as13 sessment.

14 (d) REPORT.—(1) The task force shall submit to the

15 Secretary of Defense and the Secretaries of the Army and

16 the Navy a report on the activities of the task force and

17 on the activities of the United States Military Academy

18 and the United States Naval Academy to respond to sex19 ual harassment and violence at those academies.

20 (2) The report shall include the following:

21 (A) Any barriers to implementation of improve22 ments as a result of those efforts.

23 (B) Other areas of concern not previously ad24 dressed in prior reports.
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1 (C) The findings and conclusions of the task

2 force.

3 (D) Any recommendations for changes to policy

4 and law as the task force considers appropriate, in5 cluding whether cases of sexual assault at those

6 academies should be included in the Department of

7 Defense database known as the Defense Incident8 Based Reporting System.

9 (3) Within 90 days of receipt of the report under

10 paragraph (1) the Secretary of Defense shall submit the

11 report, together with the Secretary’s evaluation of the re12 port, to the Committees on Armed Services of the Senate

13 and House of Representatives.

14 (e) REPORT ON AIR FORCE ACADEMY.—Simulta15 neously with the submission of the report under subsection

16 (d)(3), the Secretary of Defense, in coordination with the

17 Secretary of the Air Force, shall submit to the committees

18 specified in that subsection the Secretary’s assessment of

19 the effectiveness of corrective actions being taken at the

20 United States Air Force Academy as a result of various

21 investigations conducted at that Academy into matters in22 volving sexual assault and harassment.

23 (f) COMPOSITION.—(1) The task force shall consist

24 of not more than 14 members, to be appointed by the Sec25 retary of Defense. Members shall be appointed from each
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1 of the Army, Navy, Air Force, and Marine Corps, and

2 shall include an equal number of personnel of the Depart3 ment of Defense (military and civilian) and persons from

4 outside the Department of Defense. Members appointed

5 from outside the Department of Defense may be appointed

6 from other Federal departments and agencies, from State

7 and local agencies, or from the private sector.

8 (2) The Secretary shall ensure that the membership

9 of the task force appointed from the Department of De10 fense includes at least one judge advocate.

11 (3) In appointing members to the task force, the Sec12 retary may—

13 (A) consult with the Attorney General regard14 ing a representative from the Office of Violence

15 Against Women of the Department of Justice; and

16 (B) consult with the Secretary of Health and

17 Human Services regarding a representative from the

18 Women’s Health office of the Department of Health

19 and Human Services.

20 (4) Each member of the task force appointed from

21 outside the Department of Defense shall be an individual

22 who has demonstrated expertise in the area of sexual har23 assment and violence or shall be appointed from one of

24 the following:
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1 (A) A representative from the Office of Civil

2 Right in the Department of Education.

3 (B) A representative from the Center for Dis4 ease Control.

5 (C) A sexual assault policy and advocacy orga6 nization.

7 (D) A civilian law enforcement agency.

8 (E) A judicial policy organization.

9 (F) A national crime victim policy organization.

10 (5) The members of the task force shall be appointed

11 not later than 120 days after the date of the enactment

12 of this Act.

13 (g) CO-CHAIRS OF THE TASK FORCE.—There shall

14 be two co-chairs of the task force. One of the co-chairs

15 shall be designated by the Secretary of the Defense at the

16 time of appointment from among the Department of De17 fense personnel on the task force. The other co-chair shall

18 be selected from among the members appointed from out19 side the Department of Defense by those members.

20 (h) ADMINISTRATIVE SUPPORT.—(1) Each member

21 of the task force who is a member of the Armed Forces

22 or a civilian officer or employee of the United States shall

23 serve without compensation (other than compensation to

24 which entitled as a member of the Armed Forces or an

25 officer or employee of the United States, as the case may
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1 be). Other members of the task force shall be appointed

2 in accordance with, and subject to, section 3161 of title

3 5, United States Code.

4 (2) The Deputy Under Secretary of Defense for Per5 sonnel and Readiness, under the direction of the Under

6 Secretary of Defense for Personnel and Readiness, shall

7 provide oversight of the task force. The Washington Head8 quarters Service of the Department of Defense shall pro9 vide the task force with personnel, facilities, and other ad10 ministrative support as necessary for the performance of

11 the task force’s duties.

12 (3) The Deputy Under Secretary shall coordinate

13 with the Secretary of the Army to provide visits of the

14 task force to the United States Military Academy and with

15 the Secretary of the Navy to provide visits of the task

16 force to the United States Naval Academy.

17 (i) TERMINATION.—The task force shall terminate 90

18 days after the date on which the report of the task force

19 is submitted to the Committees on Armed Services of the

20 Senate and House of Representatives pursuant to sub21 section (d)(3).
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1 Subtitle E—Administrative Matters

2 SEC. 541. ENHANCEMENTS TO HIGH-TEMPO PERSONNEL

3 PROGRAM.

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

6 of section 991 of title 10, United States Code, is amended

7 to read as follows:

8 ‘‘(a) SERVICE AND GENERAL OR FLAG OFFICER RE9 SPONSIBILITIES.—(1) Subject to paragraph (3), the de10 ployment (or potential deployment) of members of the

11 armed forces shall be managed to ensure that a member

12 is not deployed, or continued in a deployment, on any day

13 on which the total number of days on which the member

14 has been deployed out of the preceding 730 days would

15 exceed the high-deployment threshold.

16 ‘‘(2) In this subsection, the term ‘high-deployment

17 threshold’ means—

18 ‘‘(A) 400 days; or

19 ‘‘(B) a lower number of days prescribed by the

20 Secretary of Defense.

21 ‘‘(3) A member may be deployed, or continued in a

22 deployment, without regard to paragraph (1) if the deploy23 ment, or continued deployment, is approved by the Sec24 retary of Defense. The authority of the Secretary under

25 the preceding sentence may only be delegated to—
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1 ‘‘(A) a civilian officer of the Department of De2 fense appointed by the President, by and with the

3 advise and consent of the Senate, or a member of

4 the Senior Executive Service; or

5 ‘‘(B) a general or flag officer in that member’s

6 chain of command (including an officer in the grade

7 of colonel, or in the case of the Navy, captain, serv8 ing an in a general or flag officer position who has

9 been selected for promotion to the grade of brigadier

10 general or rear admiral (lower half)).’’.

11 (b) CHANGES FROM PER DIEM TO HIGH-DEPLOY12 MENT ALLOWANCE.—(1) Subsection (a) of section 436 of

13 title 37, United States Code, is amended to read as fol14 lows:

15 ‘‘(a) MONTHLY ALLOWANCE.—The Secretary of the

16 military department concerned shall pay a high-deploy17 ment allowance to a member of the armed forces under

18 the Secretary’s jurisdiction for each month during which

19 the member—

20 ‘‘(1) is deployed; and

21 ‘‘(2) at any time during that month—

22 ‘‘(A) has been deployed for 191 or more

23 consecutive days (or a lower number of consecu24 tive days prescribed by the Secretary of De25 fense);
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1 ‘‘(B) has been deployed, out of the pre2 ceding 730 days, for a total of 401 or more

3 days (or a lower number of days prescribed by

4 the Secretary of Defense); or

5 ‘‘(C) in the case of a member of a reserve

6 component, is on active duty under a call or

7 order to active duty for a period of more than

8 30 days that is the second (or later) such call

9 or order to active duty (whether voluntary or

10 involuntary) for that member in support of the

11 same contingency operation.’’.

12 (2) Subsection (c) of such section is amended to read

13 as follows:

14 ‘‘(c) RATE.—The monthly rate of the allowance pay15 able to a member under this section shall be determined

16 by the Secretary concerned, not to exceed $1,000 per

17 month.’’.

18 (3) Such section is further amended—

19 (A) in subsection (d), by striking ‘‘per diem’’;

20 (B) in subsection (e), by striking ‘‘per diem’’

21 and inserting ‘‘allowance’’;

22 (C) in subsection (f)—

23 (i) by striking ‘‘per diem’’ and inserting

24 ‘‘allowance’’; and
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1 (ii) by striking ‘‘day on’’ and inserting

2 ‘‘month during’’; and

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

5 ‘‘(g) AUTHORITY TO EXCLUDE CERTAIN DUTY AS6 SIGNMENTS.—The Secretary concerned may exclude mem7 bers serving in specified duty assignments from eligibility

8 for the high-deployment allowance while serving in those

9 assignments. Any such specification of duty assignments

10 may only be made with the approval of the Secretary of

11 Defense. Specification of a particular duty assignment for

12 purposes of this subsection may not be implemented so

13 as to apply to the member serving in that position at the

14 time of such specification.’’.

15 (4)(A) The heading of such section is amended to

16 read as follows:

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

18 lengthy or numerous deployments’’.

19 (B) The item relating to that section in the table of

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

21 amended to read as follows:

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

22 (c) CHANGES TO REPORTING REQUIREMENT.—Sec23 tion 487(b)(5) of title 10, United States Code, is amended

24 to read as follows:
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1 ‘‘(5) For each of the armed forces, the description

2 shall indicate, for the period covered by the report—

3 ‘‘(A) the number of members who received the

4 high-deployment allowance under section 436 of title

5 37;

6 ‘‘(B) the number of members who received each

7 rate of allowance paid;

8 ‘‘(C) the number of members who received the

9 allowance for one month, for two months, for three

10 months, for four months, for five months, for six

11 months, and for more than six months; and

12 ‘‘(D) the total amount spent on the allowance.’’.

13 SEC. 542. ENHANCED RETENTION OF ACCUMULATED

14 LEAVE FOR HIGH-DEPLOYMENT MEMBERS.

15 (a) ENHANCED AUTHORITY TO RETAIN ACCUMU16 LATED LEAVE.—Paragraph (1) of section 701(f) of title

17 10, United States Code, is amended to read as follows:

18 ‘‘(f)(1)(A) The Secretary concerned, under uniform

19 regulations to be prescribed by the Secretary of Defense,

20 may authorize a member described in subparagraph (B)

21 who, except for this paragraph, would lose any accumu22 lated leave in excess of 60 days at the end of the fiscal

23 year, to retain an accumulated total of 120 days leave.
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1 ‘‘(B) This subsection applies to a member who serves

2 on active duty for a continuous period of at least 120

3 days—

4 ‘‘(i) in an area in which the member is entitled

5 to special pay under section 310(a) of title 37; or

6 ‘‘(ii) while assigned to a deployable ship or mo7 bile unit or to other duty comparable to that speci8 fied in clause (i) that is designated for the purpose

9 of this subsection.

10 ‘‘(C) Except as provided in paragraph (2), Leave in

11 excess of 60 days accumulated under this paragraph is

12 lost unless it is used by the member before the end of

13 the third fiscal year after the fiscal year in which the con14 tinuous period of service referred to in subparagraph (B)

15 terminated.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall take effect on October 1, 2003, or the

18 date of the enactment of this Act, whichever is later.

19 SEC. 543. STANDARDIZATION OF TIME-IN-SERVICE RE20 QUIREMENTS FOR VOLUNTARY RETIREMENT

21 OF MEMBERS OF THE NAVY AND MARINE

22 CORPS WITH ARMY AND AIR FORCE RE23 QUIREMENTS.

24 (a) OFFICERS IN REGULAR NAVY OR MARINE CORPS

25 WHO COMPLETED 40 YEARS OF ACTIVE SERVICE.—Sec-
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1 tion 6321(a) of title 10, United States Code, is amended

2 by striking ‘‘after completing 40 or more years’’ and in3 serting ‘‘and has at least 40 years’’.

4 (b) OFFICERS IN REGULAR NAVY OR MARINE CORPS

5 WHO COMPLETED 30 YEARS OF ACTIVE SERVICE.—Sec6 tion 6322(a) of such title is amended by striking ‘‘after

7 completing 30 or more years’’ and inserting ‘‘and has at

8 least 30 years’’.

9 (c) OFFICERS IN NAVY OR MARINE CORPS WHO

10 COMPLETED 20 YEARS OF ACTIVE SERVICE.—Section

11 6323(a)(1) of such title is amended by striking ‘‘after

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

13 at least 20 years’’.

14 (d) ENLISTED MEMBERS IN REGULAR NAVY OR MA15 RINE CORPS WHO COMPLETED 30 YEARS OF ACTIVE

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

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

18 ‘‘and has at least 30 years’’.

19 (e) TRANSFER OF ENLISTED MEMBERS TO THE

20 FLEET RESERVE AND FLEET MARINE CORPS RE21 SERVE.—Section 6330(b) of such title is amended by

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

23 places it appears and inserting ‘‘who has at least 20

24 years’’.
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1 (f) TRANSFER OF MEMBERS OF THE FLEET RE2 SERVE AND FLEET MARINE CORPS RESERVE TO THE RE3 TIRED LIST.—Section 6331(a) of such title is amended

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

5 least 30 years’’.

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

7 shall prescribe the date on which the amendments made

8 by this section shall take effect. The Secretary shall pub9 lish such date, when prescribed, in the Federal Register.

10 SEC. 544. STANDARDIZATION OF STATUTORY AUTHORITIES

11 FOR EXEMPTIONS FROM REQUIREMENT FOR

12 ACCESS TO SECONDARY SCHOOLS BY MILI13 TARY RECRUITERS.

14 (a) CONSISTENCY WITH ELEMENTARY AND SEC15 ONDARY EDUCATION ACT OF 1965.—Paragraph (5) of

16 section 503(c) of title 10, United States Code, is amended

17 by striking ‘‘apply to—’’ and all that follows through

18 ‘‘school which’’ and inserting ‘‘apply to a private sec19 ondary school that’’.

20 (b) CORRECTION OF CROSS REFERENCE.—Para21 graph (6)(A)(i) of such section is amended by striking

22 ‘‘14101’’ and ‘‘8801’’ and inserting ‘‘9101’’ and ‘‘7801’’,

23 respectively.
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1 SEC. 545. PROCEDURES FOR CONSIDERATION OF APPLICA2 TIONS FOR AWARD OF THE PURPLE HEART

3 MEDAL TO VETERANS HELD AS PRISONERS

4 OF WAR BEFORE APRIL 25, 1962.

5 Subsection (b) of section 521 of the National Defense

6 Authorization Act for Fiscal Year 1996 (Public Law 104–

7 106; 110 Stat. 309; 10 U.S.C. 1129 note) is amended to

8 read as follows:

9 ‘‘(b) STANDARDS AND PROCEDURES FOR AWARD.—

10 In determining whether a former prisoner of war is eligible

11 for the award of the Purple Heart under subsection (a),

12 the Secretary concerned shall apply the following proce13 dures:

14 ‘‘(1) The standard to be used by the Secretary

15 concerned for awarding the Purple Heart under this

16 section shall be to award the Purple Heart in any

17 case in which a prisoner of war (A) was wounded

18 while in captivity, or (B) while in captivity was sub19 jected to systematic and prolonged deprivation of

20 food, medical treatment, and other forms of depriva21 tion or mistreatment likely to have prolonged

22 aftereffects on the individual concerned.

23 ‘‘(2) When a former prisoner of war applies for

24 the Purple Heart under subsection (a), the Secretary

25 concerned may request the former prisoner of war to

26 provide any documentation that the Secretary would
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1 otherwise require, but failure of the former prisoner

2 of war to provide such documentation shall not by

3 itself be a disqualification for award of the Purple

4 Heart.

5 ‘‘(3) The Secretary concerned shall inform the

6 former prisoner of war that historical information as

7 to the prison camp or other circumstances in which

8 the former prisoner of war was held captive and

9 other information as to the circumstances of the

10 former prisoner of war’s captivity may be considered

11 by the Secretary in evaluating the application for the

12 award of the Purple Heart and that the former pris13 oner of war may submit such information.

14 ‘‘(4) The Secretary concerned shall provide as15 sistance to the applicant for the Purple Heart in ob16 taining information referred to in paragraph (3).

17 ‘‘(5) The Secretary shall review a completed ap18 plication under this section based upon the totality

19 of the evidence presented and shall take into account

20 the length of time between the period during which

21 the applicant was held as a prisoner of war and the

22 date of the application.

23 ‘‘(6) In considering an application under this

24 section, the Secretary shall take into account the

25 length of time that the applicant was held in cap-
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1 tivity, which while not in itself establishing entitle2 ment of the applicant to award of the Purple Heart,

3 can and should be a factor in determining whether

4 a former prisoner of war was likely to have been

5 wounded, starved, or denied medical treatment to

6 the extent likely to have prolonged aftereffects on

7 the individual concerned.’’.

8 SEC. 546. AUTHORITY FOR RESERVE AND RETIRED REG9 ULAR OFFICERS TO HOLD STATE AND LOCAL

10 ELECTIVE OFFICE NOTWITHSTANDING CALL

11 TO ACTIVE DUTY.

12 Section 973(b)(3) of title 10, United States Code, is

13 amended—

14 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

15 (2) by adding at the end the following:

16 ‘‘(B) The prohibition in subparagraph (A) does not

17 apply to the functions of a civil office held by election,

18 in the case of an officer to whom this subsection applies

19 by 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 RELAT3 ING TO DRUNKEN OR RECKLESS OPERATION

4 OF A VEHICLE, AIRCRAFT, OR VESSEL.

5 Section 991 of title 10, United States Code (article

6 111 of the Uniform Code of Military Justice), is

7 amended—

8 (1) in subsection (a)(2) by striking ‘‘in excess

9 of’’ and inserting ‘‘at, or in excess of,’’; and

10 (2) in subsection (b)(4), by striking ‘‘maximum

11 permissible’’ and all that follows through the period

12 at the end and inserting ‘‘amount of alcohol con13 centration in a person’s blood or breath at which op14 eration or control of a vehicle, aircraft, or vessel is

15 prohibited.’’.

16 SEC. 548. PUBLIC IDENTIFICATION OF CASUALTIES NO

17 SOONER THAN 24 HOURS AFTER NOTIFICA18 TION OF NEXT-OF-KIN.

19 The Secretary of Defense may not publicly release the

20 name or other personally identifying information of any

21 member of the Army, Navy, Air Force, or Marine Corps

22 who while on active duty or performing inactive duty train23 ing is killed or injured, whose duty status becomes un24 known, or who is otherwise considered to be a casualty

25 until a period of 24 hours has elapsed after the notifica26 tion of 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,

7 United States Code, is amended by striking ‘‘2105(c),’’

8 and all that 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

12 9001(2) 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

19 basis of his or her service, would meet all re20 quirements for being considered an ‘annuitant’

21 within the meaning of subchapter III of chapter

22 83, chapter 84, or any other retirement system

23 for employees of the Government, but for the

24 fact that such former employee has not attained

25 the minimum age for title to annuity.’’.
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1 (c) RESERVISTS TRANSFERRED TO THE RETIRED

2 RESERVE WHO ARE UNDER AGE 60.—Section 9001(4)

3 of title 5, United States Code, is amended by striking ‘‘in4 cluding’’ and all that follows through ‘‘who has’’ and in5 serting ‘‘and a member who has been transferred to the

6 Retired Reserve and who would be entitled to retired pay

7 under chapter 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

13 of 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

17 the United States or to a place’’.

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

19 such section is amended to read as follows:

20 ‘‘(c) DEFINITION OF DEPENDENT.—In this section,

21 the term ‘dependent’ has the meaning given such term in

22 section 1072(2) of this title.’’.

23 (c) EFFECTIVE DATE.—The amendments made by

24 this section shall apply only with respect to persons dying

25 on 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

7 Defense Dependents’ Education Act of 1978 (20 U.S.C.

8 923(c)) is amended—

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

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

11 paragraph:

12 ‘‘(2)(A) The Secretary shall include in the regulations

13 prescribed under this subsection a requirement that chil14 dren in the class of children described in subparagraph

15 (B) shall be subject to the same tuition requirements, or

16 waiver of tuition requirements, as children in the class of

17 children described in subparagraph (C).

18 ‘‘(B) The class of children described in this subpara19 graph are children of members of reserve components of

20 the Armed Forces who—

21 ‘‘(i) are on active duty under an order to active

22 duty under section 12301 or 12302 of title 10,

23 United 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

7 the Armed Forces who—

8 ‘‘(i) are on active duty under an order to active

9 duty under section 12301 or 12302 of title 10,

10 United 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

17 section is amended to read as follows:

18 ‘‘SPACE-AVAILABLE ENROLLMENT OF STUDENTS;

19 TUITION’’.

20 (c) IMPLEMENTATION OF REQUIRED NEW REGULA21 TIONS.—Regulations required by paragraph (2) of section

22 1404(c) of the Defense Dependents’ Education Act of

23 1978 (20 U.S.C. 923(c)), as added by subsection (a), shall

24 be prescribed as soon as practicable after the date of the

25 enactment of this Act in order to provide the earliest op26 portunity for dependents covered by that paragraph to en-
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1 roll in Department of Defense dependents’ schools, and

2 in no event later than the beginning of the first school

3 term beginning after the date of the enactment of this Act.

4 Subtitle G—Other Matters

5 SEC. 561. EXTENSION OF REQUIREMENT FOR EXEMPLARY

6 CONDUCT BY COMMANDING OFFICERS AND

7 OTHERS IN AUTHORITY TO INCLUDE CIVIL8 IANS IN AUTHORITY IN THE DEPARTMENT OF

9 DEFENSE.

10 (a) IN GENERAL.—(1) Chapter 50 of title 10, United

11 States Code, is amended by adding at the end the fol12 lowing new section:

13 ‘‘§ 992. Requirement of exemplary conduct: com14 manding officers and others in authority

15 ‘‘All commanding officers and others in authority in

16 the Department of Defense are required—

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

18 virtue, honor, patriotism, and subordination;

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

20 all persons who are placed under their command or

21 charge;

22 ‘‘(3) to guard against and to suppress all disso23 lute and immoral practices and to correct, according

24 to applicable laws and regulations, all persons who

25 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

3 to the armed forces, to promote and safeguard the

4 morale, the physical well-being, and the general wel5 fare of all under their command or charge.’’.

6 (2) The table of sections at the beginning of such

7 chapter is amended by adding at the end the following

8 new item:

‘‘992. Requirement of exemplary conduct: commanding officers and others in authority.’’.

9 (b) CONFORMING REPEALS.—Title 10, United States

10 Code, is further amended as follows:

11 (1) Section 3583, 5947, and 8583 are repealed.

12 (2)(A) The table of sections at the beginning of

13 chapter 345 is amended by striking the item relating

14 to section 3583.

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

16 chapter 551 is amended by striking the item relating

17 to section 5947.

18 (C) The table of sections at the beginning of

19 chapter 845 is amended by striking the item relating

20 to section 8583.

21 SEC. 562. RECOGNITION OF MILITARY FAMILIES.

22 (a) FINDINGS.—Congress makes the following find23 ings:
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1 (1) The families of both active and reserve com2 ponent military personnel, through their sacrifices

3 and their dedication to the Nation and its values,

4 contribute immeasurably to the readiness of the Na5 tion’s Armed Forces.

6 (2) Without the continued support of military

7 families, the Nation’s ability to sustain a high qual8 ity all-volunteer military force would be undermined.

9 (3) In these perilous and challenging times,

10 with hundreds of thousands of active and reserve

11 military personnel deployed overseas in places of

12 combat and imminent danger, military families are

13 making extraordinary sacrifices and will be required

14 to do so for the foreseeable future.

15 (4) Beginning in 1997, military family service

16 and support centers have received materials from

17 private, non-profit organizational sources which are

18 designed to encourage and assist those centers in

19 conducting activities to celebrate the American mili20 tary family during the Thanksgiving period each No21 vember.

22 (b) MILITARY FAMILY RECOGNITION.— In view of

23 the findings in subsection (a), Congress determines that

24 it is appropriate that special measures be taken annually

25 to recognize and honor the American military family.
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1 (c) DEPARTMENT OF DEFENSE PROGRAMS AND AC2 TIVITIES.—The Secretary of Defense shall—

3 (1) implement and sustain programs, including

4 appropriate ceremonies and activities, to celebrate

5 the contributions and sacrifices of the American

6 military family, including both families of both ac7 tive and reserve component military personnel;

8 (2) focus the celebration of the American mili9 tary family during a specific period of each year to

10 give full and proper highlight to those families; and

11 (3) seek the assistance and support of appro12 priate civilian organizations, associations, and other

13 entities in carrying out not only the annual celebra14 tion of the American military family, but also in sus15 taining longer-term efforts.

16 SEC. 563. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

17 THAT BENEFIT DEPENDENTS OF MEMBERS

18 OF THE ARMED FORCES AND DEPARTMENT

19 OF DEFENSE CIVILIAN EMPLOYEES.

20 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

21 PROGRAM FOR FISCAL YEAR 2004.—Of the amount au22 thorized to be appropriated pursuant to section 301(5) for

23 operation and maintenance for Defense-wide activities,

24 $35,000,000 shall be available only for the purpose of pro-
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1 viding educational agencies assistance to local educational

2 agencies.

3 (b) NOTIFICATION.—Not later than June 30, 2004,

4 the Secretary of Defense shall notify each local edu5 cational agency that is eligible for educational agencies as6 sistance for fiscal year 2004 of—

7 (1) that agency’s eligibility for the assistance;

8 and

9 (2) the amount of the assistance for which that

10 agency is eligible.

11 (c) DISBURSEMENT OF FUNDS.—The Secretary of

12 Defense shall disburse funds made available under sub13 section (a) not later than 30 days after the date on which

14 notification to the eligible local educational agencies is

15 provided pursuant to subsection (b).

16 (d) DEFINITIONS.—In this section:

17 (1) The term ‘‘educational agencies assistance’’

18 means assistance authorized under section 386(b) of

19 the National Defense Authorization Act for Fiscal

20 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

21 note).

22 (2) The term ‘‘local educational agency’’ has

23 the meaning given that term in section 8013(9) of

24 the Elementary and Secondary Education Act of

25 1965 (20 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

11 members of the armed forces on active duty and their im12 mediate family members, and members of reserve compo13 nents in an active status and their immediate family mem14 bers, in building and maintaining a strong family struc15 ture.

16 ‘‘(b) AUTHORIZED SUPPORT SERVICES.—The sup17 port services referred to in subsection (a) are costs of

18 transportation, food, lodging, child care, supplies, fees,

19 and training materials for members of the armed forces

20 and their family members while participating in programs

21 referred to in that subsection, including participation at

22 retreats and conferences.

23 ‘‘(c) IMMEDIATE FAMILY MEMBERS.—In this section,

24 the term ‘immediate family members’, with respect to a

25 member of the armed forces, means—

26 ‘‘(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 sub3 paragraph (D) of section 1072(2) of this title.’’.

4 (2) The table of sections at the beginning of such sub5 chapter is amended by inserting after the item relating

6 to section 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

11 VETERANS 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

19 established an interagency committee to be known as the

20 Department of Veterans Affairs-Department of Defense

21 Joint Executive Committee (hereinafter in this section re22 ferred to 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 Vet2 erans Affairs may designate; and

3 ‘‘(B) the Under Secretary of Defense for Per4 sonnel and Readiness and such other officers and

5 employees of the Department of Defense as the Sec6 retary 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

15 a level sufficient for the efficient operation of the Com16 mittee, including a subordinate Health Executive Com17 mittee, a subordinate Benefits Executive Committee, and

18 such other committees or working groups as considered

19 necessary by 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 Secre2 taries and to Congress an annual report containing such

3 recommendations 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,

11 and practices that, in the judgment of the Com12 mittee, would promote mutually beneficial coordina13 tion, use, or exchange of use of services and re14 sources of the two Departments, with the goal of im15 proving the quality, efficiency and effectiveness of

16 the delivery of benefits and services to veterans,

17 service members, military retirees and their families

18 through an enhanced Department of Veterans Af19 fairs and Department of Defense partnership.

20 ‘‘(3) Identify and assess further opportunities

21 for the coordination and collaboration between the

22 Departments that, in the judgment of the Com23 mittee, would not adversely affect the range of serv24 ices, the quality of care, or the established priorities

25 for benefits provided by either Department.
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1 ‘‘(4) Review the plans of both Departments for

2 the acquisition of additional resources, especially

3 new facilities and major equipment and technology,

4 in order to assess the potential effect of such plans

5 on further opportunities for the coordination and

6 sharing of resources.

7 ‘‘(5) Review the implementation of activities de8 signed to promote the coordination and sharing of

9 resources between the Departments.’’.

10 (2) The table of sections at the beginning of such

11 chapter is amended by adding at the end the following

12 new item:

‘‘320. Department of Veterans Affairs-Department of Defense Joint Executive

Committee.’’.

13 (b) CONFORMING AMENDMENTS.—(1) Subsection (c)

14 of section 8111 of such title is repealed.

15 (2) Such section is further amended—

16 (A) in subsection (b)(2), by striking ‘‘subsection

17 (c)’’ and inserting ‘‘section 320 of this title’’;

18 (B) in subsection (d)(1), by striking ‘‘Com19 mittee established in subsection (c)’’ and inserting

20 ‘‘Department of Veterans Affairs-Department of De21 fense Joint Executive Committee’’;

22 (C) in subsection (e)(1), by striking ‘‘Com23 mittee under subsection (c)(2)’’ and inserting ‘‘De24 partment of Veterans Affairs-Department of Defense
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1 Joint Executive Committee with respect to health

2 care resources’’; 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 Affairs7 Department of Defense Joint Executive Committee

8 under subsection (d)(3) of section 320 of this title

9 for the sharing of health-care resources between the

10 two Departments.

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

15 such section is further amended by inserting ‘‘(Public Law

16 107–314)’’ in paragraphs (3), (4)(A), (4)(B), and (5)

17 after ‘‘for Fiscal Year 2003’’.

18 (d) EFFECTIVE DATE.—(1) If this Act is enacted be19 fore October 1, 2003—

20 (A) section 320 of title 38, United States Code,

21 as added by subsection (a), shall take effect on Octo22 ber 1, 2003; and

23 (B) the amendments made by subsections (b)

24 and (c) shall take effect on October 1, 2003, imme25 diately after the amendment made by section
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1 721(a)(1) of the Bob Stump National Defense Au2 thorization Act for Fiscal Year 2003 (Public Law

3 107–314; 116 2589).

4 (2) If this Act is enacted on or after October 1, 2003,

5 the amendments made by this section shall take effect on

6 the date of the enactment of this Act.

7 SEC. 566. LIMITATION ON AVIATION FORCE STRUCTURE

8 CHANGES IN THE DEPARTMENT OF THE

9 NAVY.

10 (a) LIMITATION.—The Secretary of the Navy shall

11 ensure that no reductions are made in the active and re12 serve force structure of the Navy and Marine Corps for

13 fixed- and rotary-wing aircraft until 90 days have elapsed

14 after the date as of which both of the reports required

15 by subsections (b) and (c) have been received by the com16 mittees named in those subsections.

17 (b) NAVAL AVIATION FORCE STRUCTURE PLAN.—

18 The Secretary of the Navy shall submit to the Committee

19 on Armed Services of the Senate and the Committee on

20 Armed Services of the House of Representatives a detailed

21 report on the changes to the active and reserve aviation

22 force structure in the Department of the Navy that are

23 proposed for fiscal years 2004 through 2009. The report

24 shall include the following:
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1 (1) The numbers of aircraft and helicopter

2 force structure planned for retirement.

3 (2) The amounts of planned budget authority to

4 be saved, shown by year and by appropriation, com5 pared to the May 1, 2003, force structure.

6 (3) An assessment by the Chief of Naval Oper7 ations comparing the future force structure plan

8 with capabilities of the Department of the Navy’s

9 aviation force structure on May 1, 2003.

10 (4) A risk assessment of the planned force

11 structure to carry out the National Security Strat12 egy of the United States, dated September 2002.

13 (5) A risk assessment of the planned force

14 based on the assumptions applied in the September

15 30, 2001, Quadrennial Defense Review Report.

16 (c) ACTIVE AND RESERVE COMPONENT INTEGRA17 TION PLAN.—The Secretary of the Navy shall submit to

18 the Committee on Armed Services of the Senate and the

19 Committee on Armed Services of the House of Represent20 atives a concept of operations for increasing the integra21 tion and use of Naval Reserve surface, aviation, and other

22 units and personnel with active component forces in car23 rying out operational missions across the peacetime and

24 wartime spectrum of naval operations during the period

25 of 2004 through 2009.
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1 SEC. 567. IMPACT AID ELIGIBILITY FOR HEAVILY IM2 PACTED LOCAL EDUCATIONAL AGENCIES AF3 FECTED BY PRIVITIZATION OF MILITARY

4 HOUSING.

5 Section 8003(b)(2)(H) of the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(H))

7 is amended by striking clauses (i) and (ii) and inserting

8 the following:

9 ‘‘(i) ELIGIBILITY.—For any fiscal

10 year beginning with fiscal 2003, a heavily

11 impacted local educational agency that re12 ceived a basic support payment under

13 paragraph (b)(2) for the prior fiscal year,

14 but is ineligible for such payment for the

15 current fiscal year under subparagraph

16 (B), (C), (D), or (E), as the case may be,

17 by reason of the conversion of military

18 housing units to private housing described

19 in clause (iii), shall be deemed to meet the

20 eligibility requirements under subpara21 graph (B) or (C), as the case may be for

22 the period during which the housing units

23 are undergoing such conversion.

24 ‘‘(ii) AMOUNT OF PAYMENT.—The

25 amount of a payment to a heavily impacted

26 local educational agency for a fiscal year
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1 by reason of the application of clause (i),

2 and calculated in accordance with subpara3 graph (D) or (E), as the case may be, shall

4 be based on the number of children in av5 erage daily attendance in the schools of

6 such agency for the fiscal year and under

7 the same provisions of subparagraph (D)

8 or (E) under which the agency was paid

9 during the prior fiscal year.’’.

10 SEC. 568. INVESTIGATION INTO THE 1991 DEATH OF MA11 RINE CORPS COLONEL JAMES E. SABOW.

12 (a) INVESTIGATION REQUIRED.—Not later than 60

13 days after the date of the enactment of this Act, the Sec14 retary of Defense shall commence a new investigation into

15 the death of Colonel James S. Sabow, United States Ma16 rine Corps, who died on January 22, 1991, at the Marine

17 Corps Air Station, El Toro, California.

18 (b) FOCUS OF INVESTIGATION.—The principal focus

19 of the investigation under subsection (a) shall be to deter20 mine the cause of Colonel Sabow’s death, given the med21 ical and forensic factors associated with that death.

22 (c) REVIEW BY OUTSIDE EXPERTS.—The Secretary

23 of Defense shall provide that the evidence concerning the

24 cause of Colonel Sabow’s death and the medical and foren25 sic factors associated with his death shall be reviewed by
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1 medical and forensic experts outside the Department of

2 Defense.

3 (d) REPORT.—Not later than six months after the

4 date of the enactment of this Act, the Secretary of Defense

5 shall submit to the Committee on Armed Services of the

6 Senate and the Committee on Armed Services of the

7 House of Representatives a written report on the findings

8 of the investigation under subsection (a). The Secretary

9 shall include in the report (1) the Secretary’s conclusions

10 as a result of the investigation, including the Secretary’s

11 conclusions regarding the cause of death of Colonel

12 Sabow, and (2) the conclusions of the experts reviewing

13 the matter under subsection (c).

14 Subtitle H—Domestic Violence

15 SEC. 571. TRAVEL AND TRANSPORTATION FOR DEPEND16 ENTS RELOCATING FOR REASONS OF PER17 SONAL SAFETY.

18 Section 406(h) of title 37, United States Code, is

19 amended by adding at the end the following new para20 graph:

21 ‘‘(4)(A) The Secretary concerned shall provide to the

22 dependents of a member the travel and transportation al23 lowances described in paragraphs (1) and (3) in a case

24 in which—
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1 ‘‘(i) a commander has substantiated that the

2 member has committed dependent abuse, as defined

3 in section 1059(c) of title 10;

4 ‘‘(ii) a safety plan and counseling have been

5 provided;

6 ‘‘(iii) there has been a determination that the

7 victim’s safety is at stake and that relocation is the

8 best course of action; and

9 ‘‘(iv) the abused dependent, or parent of the

10 abused dependent if the abused dependent is a child,

11 requests relocation.

12 ‘‘(B) In the case of allowances paid under subpara13 graph (A), any monetary allowances shall accrue to the

14 dependents in lieu of the member and may be paid to the

15 dependents.

16 ‘‘(C) Shipment of the dependent’s baggage and

17 household effects, and of any motor vehicle, may not be

18 provided until there is a property division established by

19 written agreement with the member or by order of a court

20 of competent jurisdiction.’’.

21 SEC. 572. COMMENCEMENT AND DURATION OF PAYMENT

22 OF TRANSITIONAL COMPENSATION.

23 (a) COMMENCEMENT.—Paragraph (1)(A) of section

24 1059(e) of title 10, United States Code, is amended by
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1 striking ‘‘shall commence’’ and all that follows and insert2 ing ‘‘shall commence—

3 ‘‘(i) as of the date the court martial sen4 tence is adjudged if the sentence, as adjudged,

5 includes a dismissal, dishonorable discharge,

6 bad conduct discharge, or forfeiture of all pay

7 and allowances; or

8 ‘‘(ii) if there is a pretrial agreement that

9 includes disapproval or suspension of the dis10 missal, dishonorable discharge, bad conduct dis11 charge, or forfeiture of all pay and allowances,

12 as of the date of the approval of the court-mar13 tial sentence by the person acting under section

14 860(c) of this title (article 60(c) of the Uniform

15 Code of Military Justice) if the sentence, as ap16 proved, includes an unsuspended dismissal, dis17 honorable discharge, bad conduct discharge, or

18 forfeiture of all pay and allowances;’’.

19 (b) DURATION.—Paragraph (2) of such section is

20 amended by striking ‘‘, except that’’ and all that follows

21 through ‘‘12 months’’.

22 (c) TERMINATION.—Paragraph (3)(A) of such sec23 tion is amended by striking ‘‘punishment applicable to the

24 member under the sentence is remitted, set aside, or miti25 gated’’ and inserting ‘‘conviction is disapproved by the
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1 person acting under section 860(c) of this title (article

2 60(c) of the Uniform Code of Military Justice) or set

3 aside, or each such punishment applicable to the member

4 under the sentence is disapproved by the person acting

5 under section 860(c) of this title, remitted, set aside, sus6 pended, or mitigated’’.

7 SEC. 573. FLEXIBILITY IN ELIGIBILITY FOR TRANSITIONAL

8 COMPENSATION.

9 (a) AUTHORITY.—Section 1059 of title 10, United

10 States Code, is amended by adding at the end the fol11 lowing new subsection:

12 ‘‘(m) ADDITIONAL ELIGIBILITY.—The Secretary con13 cerned, under regulations prescribed under subsection (k),

14 may authorize eligibility for benefits under this section to

15 dependents of a member or former member of the armed

16 forces not covered by subsection (b) if the Secretary con17 cerned determines that there are extenuating cir18 cumstances such that granting benefits under this section

19 is consistent with the intent of this section.’’.

20 (b) EFFECTIVE DATE.—The authority under sub21 section (m) of section 1059 of title 10, United States

22 Code, as added by subsection (a), may only be exercised

23 with respect to eligibility for benefits under such section

24 by reason of conduct on or after the date of the enactment

25 of this Act.
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1 SEC. 574. TYPES OF ADMINISTRATIVE SEPARATIONS TRIG2 GERING COVERAGE.

3 Section 1059(b)(2) of title 10, United States Code,

4 is amended by inserting ‘‘, voluntarily or involuntarily,’’

5 after ‘‘administratively separated’’.

6 SEC. 575. ON-GOING REVIEW GROUP.

7 Not later than two years after the date of the enact8 ment of this Act, the Secretary of Defense shall convene

9 a working group of not less than 12 members, composed

10 in the same manner as the Defense Task Force on Domes11 tic Violence established pursuant to section 591 of the Na12 tional Defense Authorization Act for Fiscal Year 2000

13 (Public Law 106–65). The purpose of the working group

14 shall be to review and assess the progress of the Depart15 ment of Defense in implementation of the recommenda16 tions of the Defense Task Force on Domestic Violence.

17 In reviewing the status of the Department’s efforts, the

18 group should specifically focus on the Department’s ef19 forts to ensure confidentiality for victims and account20 ability and education of commanding officers and chap21 lains.

22 SEC. 576. RESOURCES FOR DEPARTMENT OF DEFENSE IM23 PLEMENTATION ORGANIZATION.

24 The Secretary of Defense shall ensure that necessary

25 resources, including personnel, facilities, and other admin26 istrative support, are provided to the organization within
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1 the Office of the Secretary of Defense with direct responsi2 bility for oversight of implementation by the military de3 partments of recommendations of the Task Force in order

4 for that organization to carry out its duties and respon5 sibilities.

6 SEC. 577. FATALITY REVIEWS.

7 (a) REVIEW OF FATALITIES.—The Secretary of De8 fense shall conduct a multidisciplinary, impartial review

9 (referred to as a ‘‘fatality review’’) in the case of each

10 fatality known or suspected to have resulted from domestic

11 violence or child abuse against—

12 (1) a member of the Armed Forces;

13 (2) a current or former dependent of a member

14 of the Armed Forces; or

15 (3) a current or former intimate partner who

16 has a child in common or has shared a common

17 domicile with a member of the Armed Forces.

18 (b) MATTERS TO BE INCLUDED.—The report of a fa19 tality review under subsection (a) shall, at a minimum,

20 include the following:

21 (1) An executive summary.

22 (2) Data setting forth victim demographics, in23 juries, autopsy findings, homicide or suicide meth24 ods, weapons, police information, assailant demo25 graphics, and household and family information.
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1 (3) Legal disposition.

2 (4) System intervention and failures within the

3 Department of Defense.

4 (5) A discussion of significant findings.

5 (6) Recommendations for systemic changes

6 within the Department of Defense.

7 SEC. 578. SENSE OF CONGRESS.

8 It is the sense of Congress that—

9 (1) the Secretary of Defense should adopt the

10 strategic plan proposed by the Defense Task Force

11 on Domestic Violence in its Third Year Report, as

12 required by section 591(a) of the Department of De13 fense Authorization Act for Fiscal Year 2000 (Pub14 lic Law 106–65); and

15 (2) the Secretary of each military department

16 should establish and support a Victim Advocate Pro17 tocol and provide for nondisclosure to ensure con18 fidentiality for victims who come forward to receive

19 advocacy, support, information, and resources, as

20 recommended by the Defense Task Force on Domes21 tic Violence.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

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

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

6 adjustment to become effective during fiscal year 2004 re7 quired by section 1009 of title 37, United States Code,

8 in the rates of monthly basic pay authorized members of

9 the uniformed services shall not be made.

10 (b) INCREASE IN BASIC PAY FOR MEMBERS OF

11 ARMED FORCES.—Effective on January 1, 2004, the rates

12 of monthly basic pay for members of the Armed Forces

13 within 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

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

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

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

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

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

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

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

AS AN ENLISTED MEMBER OR WARRANT OFFICER

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

Pay

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

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

O–2E 0.00 0.00 0.00 3,537.00 3,609.90

O–1E 0.00 0.00 0.00 2,848.50 3,042.30

Over 8 Over 10 Over 12 Over 14 Over 16

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

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

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

Over 18 Over 20 Over 22 Over 24 Over 26

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

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

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

WARRANT OFFICERS 1

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

Pay

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

W–5 .. $0.00 $0.00 $0.00 $0.00 $0.00

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

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

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

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

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 .. $0.00 $0.00 $0.00 $0.00 $0.00

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

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

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

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

Over 18 Over 20 Over 22 Over 24 Over 26

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

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

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

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

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

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

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

Pay

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

E–9 2 $0.00 $0.00 $0.00 $0.00 $0.00

E–8 ... 0.00 0.00 0.00 0.00 0.00

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

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

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

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

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

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

E–1 3 1,173.90 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

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

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

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

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

the rate of basic pay is $1,086.00.

1 (c) INCREASE IN BASIC PAY FOR OTHER MEMBERS

2 OF UNIFORMED SERVICES.—Effective on January 1,

3 2004, the rates of monthly basic pay for members of the

4 National Oceanic and Atmospheric Administration and

5 the Public 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

11 and 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 HIGH21 COST DUTY LOCATION OR UNDER OTHER

22 UNIQUE 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 fol4 lowing new subsection:

5 ‘‘(f) SPECIAL RULE FOR HIGH-COST DUTY LOCA6 TIONS AND OTHER UNIQUE AND UNUSUAL CIR7 CUMSTANCES.—The Secretary of Defense may authorize

8 a member of the armed forces who is assigned to duty

9 in a high-cost duty location or under other unique and

10 unusual circumstances, but is not entitled to the meals

11 portion of the per diem in connection with that duty, to

12 receive any or all of the following:

13 ‘‘(1) Meals at no cost to the member, regardless

14 of the entitlement of the member to a basic allow15 ance for subsistence under subsection (a).

16 ‘‘(2) A basic allowance for subsistence at the

17 standard rate, regardless of the entitlement of the

18 member for all meals or select meals during the duty

19 day.

20 ‘‘(3) A supplemental subsistence allowance at a

21 rate higher than the basic allowance for subsistence

22 rates in effect under this section, regardless of the

23 entitlement of the member for all meals or select

24 meals during the duty day.’’.
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1 (b) RETROACTIVE AND PROSPECTIVE APPLICA2 TION.—Subsection (f) of section 402 of title 37, United

3 States Code, as added by subsection (a), shall apply with

4 respect to members of the Armed Forces assigned to duty

5 in a high-cost duty location or under other unique and

6 unusual circumstances, as determined pursuant to regula7 tions prescribed pursuant to subsection (c), after Sep8 tember 11, 2001.

9 (c) REGULATIONS; TIME LIMITS.—Final regulations

10 to carry out subsection (f) of section 402 of title 37,

11 United States Code, as added by subsection (a), shall be

12 prescribed not later than 180 days after the date of the

13 enactment of this Act. The regulations shall provide a

14 method by which a member of the Armed Forces covered

15 by such subsection (f) may obtain reimbursement for sub16 sistence expenses incurred by the member during the pe17 riod beginning on September 11, 2001, and ending on the

18 date the regulations take effect.

19 Subtitle B—Bonuses and Special

20 and Incentive Pays

21 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

22 SPECIAL PAY AUTHORITIES FOR RESERVE

23 FORCES.

24 (a) SELECTED RESERVE REENLISTMENT BONUS.—

25 Section 308b(f ) of title 37, United States Code, is amend-
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1 ed by striking ‘‘December 31, 2003’’ and inserting ‘‘De2 cember 31, 2004’’.

3 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec4 tion 308c(e) of such title is amended by striking ‘‘Decem5 ber 31, 2003’’ and inserting ‘‘December 31, 2004’’.

6 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS7 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

8 308d(c) of such title is amended by striking ‘‘December

9 31, 2003’’ and inserting ‘‘December 31, 2004’’.

10 (d) SELECTED RESERVE AFFILIATION BONUS.—Sec11 tion 308e(e) of such title is amended by striking ‘‘Decem12 ber 31, 2003’’ and inserting ‘‘December 31, 2004’’.

13 (e) READY RESERVE ENLISTMENT AND REENLIST14 MENT BONUS.—Section 308h(g) of such title is amended

15 by striking ‘‘December 31, 2003’’ and inserting ‘‘Decem16 ber 31, 2004’’.

17 (f) PRIOR SERVICE ENLISTMENT BONUS.—Section

18 308i(f ) of such title is amended by striking ‘‘December

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

20 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

21 SPECIAL PAY AUTHORITIES FOR CERTAIN

22 HEALTH CARE PROFESSIONALS.

23 (a) NURSE OFFICER CANDIDATE ACCESSION PRO24 GRAM.—Section 2130a(a)(1) of title 10, United States
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1 Code, is amended by striking ‘‘December 31, 2003’’ and

2 inserting ‘‘December 31, 2004’’.

3 (b) REPAYMENT OF EDUCATION LOANS FOR CER4 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE5 LECTED RESERVE.—Section 16302(d) of such title is

6 amended by striking ‘‘January 1, 2004’’ and inserting

7 ‘‘January 1, 2005’’.

8 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

9 Section 302d(a)(1) of title 37, United States Code, is

10 amended by striking ‘‘December 31, 2003’’ and inserting

11 ‘‘December 31, 2004’’.

12 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES13 THETISTS.—Section 302e(a)(1) of such title is amended

14 by striking ‘‘December 31, 2003’’ and inserting ‘‘Decem15 ber 31, 2004’’.

16 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

17 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE18 CIALTIES.—Section 302g(f ) of such title is amended by

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

20 31, 2004’’.

21 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—

22 Section 302h(a)(1) of such title is amended by striking

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

24 2004’’.
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1 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND

2 BONUS AUTHORITIES FOR NUCLEAR OFFI3 CERS.

4 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI5 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

6 312(e) of title 37, United States Code, is amended by

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

8 31, 2004’’.

9 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

10 312b(c) of such title is amended by striking ‘‘December

11 31, 2003’’ and inserting ‘‘December 31, 2004’’.

12 (c) NUCLEAR CAREER ANNUAL INCENTIVE

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

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

15 31, 2004’’.

16 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND

17 SPECIAL PAY AUTHORITIES.

18 (a) AVIATION OFFICER RETENTION BONUS.—Sec19 tion 301b(a) of title 37, United States Code, is amended

20 by striking ‘‘December 31, 2003’’ and inserting ‘‘Decem21 ber 31, 2004’’.

22 (b) REENLISTMENT BONUS FOR ACTIVE MEM23 BERS.—Section 308(g) of such title is amended by strik24 ing ‘‘December 31, 2003’’ and inserting ‘‘December 31,

25 2004’’.
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1 (c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—

2 Section 309(e) of such title is amended by striking ‘‘De3 cember 31, 2003’’ and inserting ‘‘December 31, 2004’’.

4 (d) RETENTION BONUS FOR MEMBERS WITH CRIT5 ICAL MILITARY SKILLS.—Section 323(i) of such title is

6 amended by striking ‘‘December 31, 2003’’ and inserting

7 ‘‘December 31, 2004’’.

8 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT9 ICAL SKILLS.—Section 324(g) of such title is amended by

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

11 31, 2004’’.

12 SEC. 615. COMPUTATION OF HAZARDOUS DUTY INCENTIVE

13 PAY FOR DEMOLITION DUTY AND PARA14 CHUTE JUMPING BY MEMBERS OF RESERVE

15 COMPONENTS ENTITLED TO COMPENSATION

16 UNDER SECTION 206 OF TITLE 37.

17 (a) IN GENERAL.—Section 301(f) of title 37, United

18 States Code, is amended by adding at the end the fol19 lowing new paragraph:

20 ‘‘(3) Notwithstanding paragraphs (1) or (2), if a

21 member described in paragraph (1) performs the duty de22 scribed in clauses (3) or (4) of subsection (a) in any

23 month, the member shall be entitled for that month to

24 the full amount specified in the first sentence of subsection

25 (c)(1), in the case of the duty described in clause (4) of
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1 subsection (a) or parachute jumping involving the use of

2 a static line, or the full amount specified in the second

3 sentence of subsection (c)(1), in the case of parachute

4 jumping in military free fall operations.’’.

5 (b) EFFECTIVE DATE.—The amendment made by

6 subsection (a) shall take effect October 1, 2003.

7 SEC. 616. AVAILABILITY OF HOSTILE FIRE AND IMMINENT

8 DANGER PAY FOR RESERVE COMPONENT

9 MEMBERS ON INACTIVE DUTY.

10 (a) EXPANSION AND CLARIFICATION OF CURRENT

11 LAW.—Section 310 of title 37, United States Code, is

12 amended—

13 (1) by redesignating subsections (b) and (c) as

14 subsections (c) and (d), respectively; and

15 (2) by striking subsection (a) and inserting the

16 following new subsections:

17 ‘‘(a) ELIGIBILITY AND SPECIAL PAY AMOUNT.—

18 Under regulations prescribed by the Secretary of Defense,

19 a member of a uniformed service may be paid special pay

20 at the rate of $150 for any month in which—

21 ‘‘(1) the member was entitled to basic pay or

22 compensation under section 204 or 206 of this title;

23 and

24 ‘‘(2) the member—
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1 ‘‘(A) was subject to hostile fire or explo2 sion of hostile mines;

3 ‘‘(B) was on duty in an area in which the

4 member was in imminent danger of being ex5 posed to hostile fire or explosion of hostile

6 mines and in which, during the period the mem7 ber was on duty in the area, other members of

8 the uniformed services were subject to hostile

9 fire or explosion of hostile mines;

10 ‘‘(C) was killed, injured, or wounded by

11 hostile fire, explosion of a hostile mine, or any

12 other hostile action; or

13 ‘‘(D) was on duty in a foreign area in

14 which the member was subject to the threat of

15 physical harm or imminent danger on the basis

16 of civil insurrection, civil war, terrorism, or

17 wartime conditions.

18 ‘‘(b) CONTINUATION DURING HOSPITALIZATION.—A

19 member covered by subsection (a)(2)(C) who is hospital20 ized for the treatment of the injury or wound may be paid

21 special pay under this section for not more than three ad22 ditional months during which the member is so hospital23 ized.’’.

24 (b) CLERICAL AMENDMENTS.—Such section is fur25 ther amended—
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1 (1) in subsection (c), as redesignated by sub2 section (a)(1), by inserting ‘‘LIMITATIONS AND AD3 MINISTRATION.—’’ before ‘‘(1)’’; and

4 (2) in subsection (d), as redesignated by sub5 section (a)(1), by inserting ‘‘DETERMINATIONS OF

6 FACT.—’’ before ‘‘Any’’.

7 SEC. 617. EXPANSION OF OVERSEAS TOUR EXTENSION IN8 CENTIVE PROGRAM TO OFFICERS.

9 (a) SPECIAL PAY OR BONUS FOR EXTENDING OVER10 SEAS TOUR OF DUTY.—(1) Subsections (a) and (b) of sec11 tion 314 of title 37, United States Code, are amended by

12 striking ‘‘an enlisted member’’ and inserting ‘‘a member’’.

13 (2)(A) The heading of such section is amended to

14 read as follows:

15 ‘‘§ 314. Special pay or bonus: qualified members ex16 tending duty at designated locations

17 overseas’’.

18 (B) The item relating to such section in the table of

19 sections at the beginning of chapter 5 of such title is

20 amended to read as follows:

‘‘314. Special pay or bonus: qualified members extending duty at designated locations overseas.’’.

21 (b) REST AND RECUPERATIVE ABSENCE IN LIEU OF

22 PAY OR BONUS.—(1) Subsection (a) of section 705 of title

23 10, United States Code, is amended by striking ‘‘an en24 listed member’’ and inserting ‘‘a member’’.
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1 (2) The heading of such section, and the item relating

2 to such section in the table of sections at the beginning

3 of chapter 40 of such title, are each amended by striking

4 the sixth word.

5 SEC. 618. ELIGIBILITY OF APPOINTED WARRANT OFFICERS

6 FOR ACCESSION BONUS FOR NEW OFFICERS

7 IN CRITICAL SKILLS.

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

9 amended in subsections (a) and (f)(1) by inserting ‘‘or an

10 appointment’’ after ‘‘commission’’.

11 SEC. 619. INCENTIVE PAY FOR DUTY ON GROUND IN ANT12 ARCTICA OR ON ARCTIC ICEPACK.

13 (a) IN GENERAL.—(1) Chapter 5 of title 37, United

14 States Code, is amended by inserting after section 301e

15 the following new section:

16 ‘‘§ 301f. Incentive pay: duty on ground in Antarctica

17 or on Arctic icepack

18 ‘‘(a) AVAILABILITY OF INCENTIVE PAY.—A member

19 of the uniformed services who performs duty at a location

20 described in subsection (b) is entitled to special pay under

21 this section at a rate of $5 for each day of that duty.

22 ‘‘(b) COVERED LOCATIONS.—Subsection (a) applies

23 with respect to duty performed on the ground in Antarc24 tica or on the Arctic icepack.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by inserting after the item relating

3 to section 301e the following new item:

‘‘301f. Incentive pay: duty on ground in Antarctica or on Arctic icepack.’’.

4 (b) EFFECTIVE DATE.—Section 301f of title 37,

5 United States Code, as added by subsection (a), shall take

6 effect on October 1, 2003.

7 SEC. 620. SPECIAL PAY FOR SERVICE AS MEMBER OF WEAP8 ONS OF MASS DESTRUCTION CIVIL SUPPORT

9 TEAM.

10 (a) IN GENERAL.—(1) Chapter 5 of title 37, United

11 States Code, is amended by inserting after section 305a

12 the following new section:

13 ‘‘§ 305b. Special pay: service as member of Weapons

14 of Mass Destruction Civil Support Team

15 ‘‘(a) AVAILABILITY OF SPECIAL PAY.—The Secretary

16 of a military department may pay special pay under this

17 section to a member of the armed forces under the juris18 diction of that Secretary who is entitled to basic pay under

19 section 204 and is assigned by orders to duty as a member

20 of a Weapons of Mass Destruction Civil Support Team.

21 ‘‘(b) MONTHLY RATE.—Special pay payable under

22 subsection (a) shall be paid at a rate equal to $150 a

23 month.

24 ‘‘(c) ELIGIBILITY OF RESERVE COMPONENT MEM25 BERS WHEN PERFORMING INACTIVE DUTY TRAINING.—
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1 Under regulations prescribed by the Secretary concerned

2 and to the extent provided for in appropriation Acts, when

3 a member of a reserve component of the armed forces who

4 is entitled to compensation under section 206 of this title

5 performs duty under orders as a member of a Weapons

6 of Mass Destruction Civil Support Team, the member may

be paid an increase in compensation equal to 1 7 ⁄30 of the

8 monthly special pay specified in subsection (b) for each

9 day on which the member performs such duty.

10 ‘‘(d) DEFINITION.—In this section, the term ‘Weap11 ons of Mass Destruction Civil Support Team’ means a

12 team of members of the reserve components of the armed

13 forces that is established under section 12310(c) of title

14 10 in support of emergency preparedness programs to pre15 pare for or to respond to any emergency involving the use

16 of a weapon of mass destruction.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by inserting after the item relating

19 to section 305a the following new item:

‘‘305b. Special pay: service as member of Weapons of Mass Destruction Civil

Support Team.’’.

20 (b) EFFECTIVE DATE.—Section 305b of title 37,

21 United States Code, as added by subsection (a), shall take

22 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

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

7 ‘‘§ 326. Incentive bonus: lateral conversion bonus for

8 service in critically short military occu9 pational speciality

10 ‘‘(a) INCENTIVE BONUS AUTHORIZED.—The Sec11 retary concerned may pay a bonus under this section to

12 a member of the armed forces who executes a written

13 agreement to convert to, and serve for a period of not less

14 than two years in, a critically short military occupational

15 specialty.

16 ‘‘(b) ELIGIBLE MEMBERS.—A bonus may only be

17 paid under this section only to a member who—

18 ‘‘(1) is entitled to basic pay; and

19 ‘‘(2) is serving in pay grade E–6 (with less than

20 10 years of service computed under section 205 of

21 this title) or pay grade E–5 or below (regardless of

22 years of service) at the time the agreement under

23 subsection (a) is executed.

24 ‘‘(c) AMOUNT AND PAYMENT OF BONUS.—(1) A

25 bonus under this section may not exceed $4,000.
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1 ‘‘(2) A bonus payable under this section shall be dis2 bursed in one lump sum payment when the member’s con3 version to the critically short military occupational spe4 cialty is approved by the personnel chief of the member’s

5 armed force.

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

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

9 member is entitled.

10 ‘‘(e) REPAYMENT OF BONUS.—(1) A member who re11 ceives a bonus under this section and who, voluntarily or

12 because of misconduct, fails to serve in the critically short

13 military occupational specialty for the period specified in

14 the agreement shall refund to the United States an

15 amount that bears the same ratio to the bonus amount

16 paid to the member as the unserved part of such period

17 bears to the total period agreed to be served.

18 ‘‘(2) An obligation to reimburse the United States

19 imposed under paragraph (1) is, for all purposes, a debt

20 owed to the United States.

21 ‘‘(3) A discharge in bankruptcy under title 11 that

22 is entered less than five years after the termination of the

23 agreement for which a bonus was paid under this section

24 shall not discharge the person signing such agreement

25 from the debt arising under paragraph (1).
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1 ‘‘(4) Under regulations prescribed pursuant to sub2 section (f), the Secretary concerned may waive, in whole

3 in part, a refund required under paragraph (1) if the Sec4 retary determines that recovery would be against equity

5 and good conscience or would be contrary to the best inter6 ests of the United States.

7 ‘‘(f) REGULATIONS.—The Secretaries concerned shall

8 prescribe regulations to carry out this section. Regulations

9 prescribed by the Secretary of a military department shall

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

11 ‘‘(g) DEFINITION.—In this section, the term ‘criti12 cally short military occupational specialty’ means a mili13 tary occupational specialty, military rating, or other mili14 tary speciality designated by the Secretary concerned as

15 undermanned for purposes of this section.

16 ‘‘(h) TERMINATION OF AUTHORITY.—No agreement

17 under this section may be entered into after December 31,

18 2004.’’.

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

20 at the beginning of such chapter is amended by adding

21 at the 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

8 who serves, for any period of time during a month, in a

9 combat zone designated for Operation Iraqi Freedom or

10 Operation Enduring Freedom, the monthly rate for immi11 nent danger pay under section 310 of title 37, United

12 States Code, shall be deemed to be $225 and the monthly

13 rate for the family separation allowance under section 427

14 of such title shall be deemed to be $250.

15 (b) DURATION.—The special rates for imminent dan16 ger pay and the family separation allowance in effect

17 under subsection (a) for an operation referred to in such

18 subsection expire on the date the President terminates the

19 operation.

20 SEC. 623. AVAILABILITY OF HOSTILE FIRE AND IMMINENT

21 DANGER PAY FOR RESERVE COMPONENT

22 MEMBERS SERVING IN RESPONSE TO CER23 TAIN DOMESTIC TERRORIST ATTACKS.

24 (a) AVAILABILITY OF SPECIAL PAY.—Subsection

25 (a)(2) of section 310 of title 37, United States Code, as

26 amended by section 616 of this Act, is amended—
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1 (1) by striking ‘‘or’’ at the end of subparagraph

2 (C);

3 (2) by redesignating subparagraph (D) as sub4 paragraph (E); and

5 (3) by inserting after subparagraph (C) the fol6 lowing new subparagraph (D):

7 ‘‘(D) was on duty as a first responder, or as a

8 member assigned to accompany or protect first re9 sponders, to a terrorist attack on the United States

10 regarding which there is an immediate threat of

11 physical harm or imminent danger as a result of di12 rect or residual effects of the attack or potential sec13 ondary attacks; or’’.

14 (b) FIRST RESPONDER DEFINED.—Such section is

15 further amended by adding at the end the following new

16 subsection:

17 ‘‘(e) FIRST RESPONDER DEFINED.—In this section,

18 the term ‘first responder’ means a member of the uni19 formed services who, as part of the member’s assigned du20 ties, is expected to arrive at the site of a terrorist attack

21 within 12 hours after the attack.’’.
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1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHI4 CLE WITHIN CONTINENTAL UNITED STATES.

5 (a) AUTHORITY TO PROCURE CONTRACT FOR TRANS6 PORTATION OF MOTOR VEHICLE.—Section 2634 of title

7 10, United States Code, is amended—

8 (1) by redesignating subsection (h) as sub9 section (i); and

10 (2) by inserting after subsection (g) the fol11 lowing new subsection (h):

12 ‘‘(h) In the case of a change of permanent station

13 described in subparagraph (A) or (B) of subsection (i)(1),

14 the Secretary concerned may authorize the member to ar15 range for the shipment of the motor vehicle in lieu of

16 transportation at the expense of the United States under

17 this section. The Secretary concerned may pay the mem18 ber a monetary allowance in lieu of transportation, as es19 tablished under section 404(d)(1) of title 37, and the

20 member shall be responsible for any transportation costs

21 in excess of such allowance.’’.

22 (b) ALLOWANCE FOR SELF-PROCUREMENT OF

23 TRANSPORTATION OF MOTOR VEHICLE.—Section

24 406(b)(1)(B) of title 37, United States Code, is amended

25 by adding at the end the following new sentence: ‘‘In the
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1 case of the transportation of a motor vehicle arranged by

2 the member under section 2634(h) of title 10, the Sec3 retary concerned may pay the member, upon proof of ship4 ment, a monetary allowance in lieu of transportation, as

5 established under section 404(d)(1) of this title.’’.

6 SEC. 632. PAYMENT OR REIMBURSEMENT OF STUDENT

7 BAGGAGE STORAGE COSTS FOR DEPENDENT

8 CHILDREN OF MEMBERS STATIONED OVER9 SEAS.

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

11 amended in the first sentence by inserting before the pe12 riod at the end the following: ‘‘or during a different period

13 in the same fiscal year selected by the member’’.

14 SEC. 633. REIMBURSEMENT FOR LODGING EXPENSES OF

15 CERTAIN RESERVE COMPONENT AND RE16 TIRED MEMBERS DURING AUTHORIZED

17 LEAVE FROM TEMPORARY DUTY LOCATION.

18 (a) REIMBURSEMENT AUTHORIZED.—The Secretary

19 concerned (as defined in section 101 of title 37, United

20 States Code) may reimburse a member of the Armed

21 Forces described in subsection (b) for lodging expenses in22 curred by the member at the member’s duty location while

23 the member is in an authorized leave status.

24 (b) COVERED MEMBERS.—Subsection (a) applies

25 with respect to a member of a reserve component who is
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1 called or ordered to active duty for a period of more than

2 30 days, or a retired member who is ordered to active duty

3 under section 688(a) of title 10, United States Code, if

4 the member—

5 (1) immediately before taking authorized leave

6 was performing duty at a location away from the

7 member’s home;

8 (2) was receiving a per diem allowance under

9 section 404(a)(4) of title 37, United States Code, to

10 cover lodging and subsistence expenses incurred at

11 the duty location because quarters of the United

12 States were not available for assignment to the

13 member at that location; and

14 (3) immediately after completing the authorized

15 leave, returned to the duty location.

16 (c) AMOUNT OF REIMBURSEMENT.—The amount of

17 the reimbursement provided to a member under subsection

18 (a) may not exceed the lesser of—

19 (1) the actual daily cost of lodging incurred by

20 the member at the duty location while the member

21 was in an authorized leave status; and

22 (2) the lodging portion of the applicable daily

23 per diem rate for that duty location.

24 (d) RETROACTIVE APPLICATION.—This section ap25 plies with respect to members of the reserve components
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1 described in subsection (b) who, since September 11,

2 2001, were or are called or ordered to active duty for a

3 period of more than 30 days and retired members de4 scribed in such subsection who, since that date, were or

5 are ordered to active duty under section 688(a) of title

6 10, United States Code.

7 Subtitle D—Retired Pay and

8 Survivors Benefits

9 SEC. 641. FUNDING FOR SPECIAL COMPENSATION AU10 THORITIES FOR DEPARTMENT OF DEFENSE

11 RETIREES.

12 (a) SOURCE OF PAYMENTS.—

13 (1) Section 1413(g) of title 10, United States

14 Code, is amended—

15 (A) by inserting before ‘‘Payments under’’

16 the following new sentence: ‘‘Payments under

17 this section for a member of the Army, Navy,

18 Air Force, or Marine Corps shall be paid from

19 the Department of Defense Military Retirement

20 Fund.’’; and

21 (B) by inserting ‘‘for any other member’’

22 before ‘‘for any fiscal year’’.

23 (2) Section 1413a(h) of such title is amended—

24 (A) by inserting before ‘‘Payments under’’

25 the following new sentence: ‘‘Payments under
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1 this section for a member of the Army, Navy,

2 Air Force, or Marine Corps shall be paid from

3 the Department of Defense Military Retirement

4 Fund.’’; and

5 (B) by inserting ‘‘for any other member’’

6 before ‘‘for any fiscal year’’.

7 (b) PAYMENT OF INCREASED RETIREMENT TRUST

8 FUND COSTS DUE TO CONCURRENT RECEIPT OR EN9 HANCED SPECIAL DISABILITY COMPENSATION PAY10 MENTS.—

11 (1) Section 1463(a)(1) of this title is amended

12 by inserting before the semicolon the following: ‘‘and

13 payments under section 1413, 1413a, or 1414 of

14 this title paid to such members’’.

15 (2) Section 1465(b) of such title is amended by

16 adding at the end the following new paragraph:

17 ‘‘(3) At the same time that the Secretary of Defense

18 makes the determination required by paragraph (1) for

19 any fiscal year, the Secretary shall determine the amount

20 of the Treasury contribution to be made to the Fund for

21 the next fiscal year under section 1466(b)(2)(D) of this

22 title. That amount shall be determined in the same man23 ner as the determination under paragraph (1) of the total

24 amount of Department of Defense contributions to be

25 made to the Fund during that fiscal year under section
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1 1466(a) of this title, except that for purposes of this para2 graph the Secretary, in making the calculations required

3 by subparagraphs (A) and (B) of that paragraph, shall

4 use the single level percentages determined under sub5 section (c)(4), rather than those determined under sub6 section (c)(1).’’.

7 (3) Section 1465(c) of such title is amended—

8 (A) in paragraph (1)—

9 (i) in subparagraph (A), by inserting be10 fore the semicolon at the end the following: ‘‘,

11 to be determined without regard to section

12 1413, 1413a, or 1414 of this title’’;

13 (ii) in subparagraph (B), by inserting be14 fore the period at the end the following: ‘‘, to

15 be determined without regard to section 1413,

16 1413a, or 1414 of this title’’; and

17 (iii) in the sentence following subparagraph

18 (B), by striking ‘‘subsection (b)’’ and inserting

19 ‘‘subsection (b)(1)’’;

20 (B) by redesignating paragraph (4) as para21 graph (5); and

22 (C) by inserting after paragraph (3) the fol23 lowing new paragraph (4):
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1 ‘‘(4) Whenever the Secretary carries out an actuarial

2 valuation under paragraph (1), the Secretary shall include

3 as part of such valuation the following:

4 ‘‘(A) A determination of a single level percent5 age determined in the same manner as applies under

6 subparagraph (A) of paragraph (1), but based only

7 upon the provisions of section 1413, 1413a, or 1414

8 of this title (whichever is in effect).

9 ‘‘(B) A determination of a single level percent10 age determined in the same manner as applies under

11 subparagraph (B) of paragraph (1), but based only

12 upon the provisions of section 1413, 1413a, or 1414

13 of this title (whichever is in effect).

14 Such single level percentages shall be used for the pur15 poses of subsection (b)(3).’’.

16 (4) Section 1466(b) of such title is amended—

17 (A) in paragraph (1), by striking ‘‘sections

18 1465(a) and 1465(c)’’ and inserting ‘‘sections

19 1465(a), 1465(b)(3), 1465(c)(2), and 1465(c)(3)’’;

20 and

21 (B) by adding at the end of paragraph (2) the

22 following new subparagraph:

23 ‘‘(D) The amount for that year determined by

24 the Secretary of Defense under section 1465(b)(3)

25 of this title for the cost to the Fund arising from in-
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1 creased amounts payable from the Fund by reason

2 of section 1413, 1413a, or 1414 of this title.’’.

3 (c) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect on October 1, 2003.

5 Subtitle E—Commissary and Non6 appropriated Fund Instrumen7 tality Benefits

8 SEC. 651. EXPANDED COMMISSARY ACCESS FOR SELECTED

9 RESERVE MEMBERS, RESERVE RETIREES

10 UNDER AGE 60, AND THEIR DEPENDENTS.

11 (a) ACCESS TO MILITARY COMMISSARIES.—Section

12 1065 of title 10, United States Code, is amended—

13 (1) in subsections (a), (b), and (c), by inserting

14 ‘‘commissary stores and’’ after ‘‘use’’ each place it

15 appears; and

16 (2) in subsection (d)—

17 (A) by inserting ‘‘commissary stores and’’

18 after ‘‘use’’ the first and third places it ap19 pears; and

20 (B) by inserting ‘‘stores and’’ after ‘‘use’’

21 the second and fourth places it appears.

22 (b) CONFORMING AMENDMENTS; TRANSFER OF SEC23 TION.—Chapter 54 of such title is amended—

24 (1) by striking sections 1063 and 1064;
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1 (2) in section 1063a(c)(2), by striking ‘‘section

2 1065(e)’’ and inserting ‘‘section 1063(e)’’;

3 (3) by redesignating section 1063a, as amended

4 by paragraph (2), as section 1064;

5 (4) by transferring section 1065, as amended

6 by subsection (a), so as to appear after section

7 1062; and

8 (5) by striking the heading of such section, as

9 amended by subsection (a) and transferred by para10 graph (4), and inserting the following new heading:

11 ‘‘§ 1063. Use of commissary stores and MWR retail fa12 cilities: members of reserve components

13 and reserve retirees under age 60’’.

14 (c) CLERICAL AMENDMENTS.—The table of sections

15 at the beginning of such chapter is amended by striking

16 the items relating to sections 1063, 1063a, 1064, and

17 1065 and 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.’’.

18 SEC. 652. DEFENSE COMMISSARY SYSTEM AND EXCHANGE

19 STORES SYSTEM.

20 (a) EXISTENCE OF SYSTEMS.—Chapter 147 of title

21 10, United States Code, is amended by inserting before

22 section 2482 the following new section:
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1 ‘‘§ 2481. Existence of defense commissary system and

2 exchange stores system

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

4 operate a defense commissary system and an exchange

5 stores system in the manner provided by this chapter and

6 other provisions of law.

7 ‘‘(b) SEPARATE SYSTEMS.—Except as authorized by

8 section 2490a of this title, the defense commissary system

9 and the exchange stores system shall be operated as sepa10 rate systems of the Department of Defense.’’.

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

12 at the beginning of such chapter is amended by inserting

13 before the item relating to section 2482 the following new

14 item:

‘‘2481. Existence of defense commissary system and exchange stores system.’’.

15 SEC. 653. LIMITATIONS ON PRIVATE OPERATION OF DE16 FENSE COMMISSARY STORE FUNCTIONS.

17 Section 2482(a) of title 10, United States Code, is

18 amended—

19 (1) by striking the first and second sentences

20 and inserting the following: ‘‘(1) Under such regula21 tions as the Secretary of Defense may approve, pri22 vate persons may operate selected commissary store

23 functions, except that such functions may not in24 clude functions relating to the procurement of prod25 ucts to be sold in a commissary store or functions
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1 relating to the overall management of a commissary

2 system or the management of a commissary store.’’;

3 and

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

5 paragraph:

6 ‘‘(2) Any change to private operation of a commissary

7 store function shall not take effect until the Secretary of

8 Defense submits written notice of the proposed change to

9 Congress and a period of 90 days of continuous session

10 of Congress expires following the date on which notice was

11 received, determined as provided in section 2486(d)(2) of

12 this title.’’.

13 SEC. 654. USE OF APPROPRIATED FUNDS TO OPERATE DE14 FENSE COMMISSARY SYSTEM.

15 (a) REQUIREMENT THAT COMMISSARY OPERATING

16 EXPENSES BE PAID FROM APPROPRIATED FUNDS.—Sec17 tion 2484 of title 10, United States Code, is amended—

18 (1) in subsection (a), by striking ‘‘may’’ and in19 serting ‘‘shall’’; and

20 (2) in subsection (b), by striking ‘‘may’’ in the

21 first sentence and inserting ‘‘shall’’.

22 (b) SUPPLEMENTAL FUNDS FOR COMMISSARY OPER23 ATIONS.—Such section is further amended by adding at

24 the end the following new subsection:
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1 ‘‘(c) SUPPLEMENTAL FUNDS FOR COMMISSARY OP2 ERATIONS.—Amounts appropriated to cover the expenses

3 of operating the Defense Commissary Agency and the de4 fense commissary system may be supplemented with addi5 tional funds from manufacturers’ coupon redemption fees,

6 handling fees for tobacco products, and other amounts re7 ceived as reimbursement for other support activities pro8 vided by commissary activities.’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall take effect on October 1, 2003.

11 SEC. 655. RECOVERY OF NONAPPROPRIATED FUND IN12 STRUMENTALITY AND COMMISSARY STORE

13 INVESTMENTS IN REAL PROPERTY AT MILI14 TARY INSTALLATIONS CLOSED OR RE15 ALIGNED.

16 (a) 1988 LAW.—Section 204(b)(7)(C)(i) of the De17 fense Authorization Amendments and Base Closure and

18 Realignment Act (Public Law 100–526; 10 U.S.C. 2687

19 note) is amended in the second sentence by striking ‘‘The

20 Secretary may use amounts in the account (in such an

21 aggregate amount as is provided in advance in appropria22 tion Acts)’’ and inserting ‘‘Amounts in the account shall

23 be available to the Secretary, without appropriation and

24 until expended,’’.
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1 (b) 1990 LAW.—Section 2906(d)(3) of the Defense

2 Base Closure and Realignment Act of 1990 (part A of title

3 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

4 amended by striking ‘‘The Secretary may use amounts in

5 the account (in such an aggregate amount as is provided

6 in advance in appropriation Acts)’’ and inserting

7 ‘‘Amounts in the account shall be available to the Sec8 retary, without appropriation and until expended,’’.

9 SEC. 656. COMMISSARY SHELF-STOCKING PILOT PROGRAM.

10 (a) PILOT PROGRAM AUTHORITY.—Subject to sub11 section (c), the Secretary of Defense may conduct a pilot

12 program under which the stocking of shelves at three de13 fense commissary stores operated by the Defense Com14 missary Agency shall be the sole responsibility of Federal

15 employees of the Agency or employees contracted by the

16 agency.

17 (b) IMPLEMENTATION PLAN.—(1) The Secretary of

18 Defense shall submit to the Committee on Armed Services

19 of the Senate and the Committee on Armed Services of

20 the House of Representatives a plan for the conduct of

21 the pilot program. The plan shall be submitted not later

22 than six months after the date of the enactment of this

23 Act.

24 (2) The plan shall include the following:
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1 (A) The financial structure of the pilot program

2 and expected costs.

3 (B) The Secretary’s request to the Office of

4 Personnel Management to conduct the pilot program

5 as a Federal civilian personnel demonstration project

6 under chapter 47 of title 5, United States Code, or

7 a plan to provide otherwise a sufficiently flexible

8 Federal civilian workforce for the pilot program

9 through another authority.

10 (C) Specification of the three sites for the con11 duct of the pilot program and the criteria used to se12 lect those sites.

13 (D) Proposed duration of the pilot program and

14 the expected timing for providing to Congress the re15 sults of the pilot program and recommendations of

16 the Secretary.

17 (E) Other observations and recommendations of

18 the Secretary.

19 (c) IMPLEMENTATION.—The Secretary of Defense

20 may not begin to conduct the pilot program until a period

21 of 30 days has elapsed after the date of the submission

22 of the plan for the pilot program under subsection (b).
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1 Subtitle F—Other Matters

2 SEC. 661. REPEAL OF CONGRESSIONAL NOTIFICATION RE3 QUIREMENT FOR DESIGNATION OF CRITICAL

4 MILITARY SKILLS FOR RETENTION BONUS.

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

6 amended—

7 (1) by striking ‘‘(1)’’; and

8 (2) by striking paragraph (2).

9 TITLE VII—HEALTH CARE

10 PROVISIONS

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

13 FUND TO PERMIT MORE ACCURATE ACTU14 ARIAL VALUATIONS.

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

16 amended by adding at the end of paragraph (1) the fol17 lowing: ‘‘In determining single level dollar amounts under

18 subparagraphs (A) and (B) of this paragraph, the Sec19 retary of Defense may determine a separate single level

20 dollar amount under either or both subparagraphs for any

21 participating uniformed service, if, in the judgment of the

22 Secretary, such a determination would produce a more ac23 curate and appropriate actuarial valuation for that uni24 formed service.’’.
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1 SEC. 702. TRANSFER OF CERTAIN MEMBERS FROM PHAR2 MACY AND THERAPEUTICS COMMITTEE TO

3 UNIFORM FORMULARY BENEFICIARY ADVI4 SORY PANEL UNDER THE PHARMACY BENE5 FITS PROGRAM.

6 Section 1074g of title 10, United States Code, is

7 amended—

8 (1) in subsection (b)(1) in the second sentence,

9 by striking ‘‘facilities,’’ and all that follows through

10 the end of the sentence and inserting ‘‘facilities and

11 representatives of providers in facilities of the uni12 formed services.’’; and

13 (2) in subsection (c)(2)—

14 (A) by striking ‘‘represent nongovern15 mental’’ and inserting the following:

16 ‘‘represent—

17 ‘‘(A) nongovernmental’’;

18 (B) by striking the period at the end and

19 inserting a semicolon; and

20 (C) by adding at the end the following new

21 subparagraphs:

22 ‘‘(B) contractors responsible for the TRICARE

23 retail pharmacy program;

24 ‘‘(C) contractors responsible for the national

25 mail-order pharmacy program; and

26 ‘‘(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,

8 is amended by striking ‘‘The Secretary may not enter into

9 a contract under this paragraph after December 31,

10 2003.’’.

11 SEC. 704. PLAN FOR PROVIDING HEALTH COVERAGE IN12 FORMATION TO MEMBERS, FORMER MEM13 BERS, AND DEPENDENTS ELIGIBLE FOR CER14 TAIN HEALTH BENEFITS.

15 (a) HEALTH INFORMATION PLAN REQUIRED.—The

16 Secretary of Defense shall develop a plan to—

17 (1) ensure that each household that includes

18 one or more eligible persons is provided information

19 concerning—

20 (A) the extent of health coverage provided

21 by sections 1079 or 1086 of title 10, United

22 States Code, for each such person;

23 (B) the costs, including the limits on such

24 costs, that each such person is required to pay

25 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 eli10 gible person has access to information identifying

11 TRICARE-authorized providers in the person’s lo12 cality who have agreed to accept new patients under

13 section 1079 or 1086 of title 10, United States

14 Code, and to ensure that such information is peri15 odically updated;

16 (3) provide mechanisms to ensure that each eli17 gible 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 peri25 odic identification by the Department of Defense of
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1 the number and locality of eligible persons who may

2 intend to rely on TRICARE-authorized providers for

3 health care services.

4 (b) IMPLEMENTATION OF PLAN.—The Secretary of

5 Defense shall implement the plan required by subsection

6 (a) with respect to any contract entered into by the De7 partment of Defense after May 31, 2003, for managed

8 health care.

9 (c) DEFINITIONS.—In this section:

10 (1) The term ‘‘eligible person’’ means a person

11 eligible for health benefits under section 1079 or

12 1086 of title 10, United States Code.

13 (2) The term ‘‘TRICARE-authorized provider’’

14 means a facility, doctor, or other provider of health

15 care services—

16 (A) that meets the licensing and

17 credentialing certification requirements in the

18 State where the services are rendered;

19 (B) that meets requirements under regula20 tions relating to TRICARE for the type of

21 health care services rendered; and

22 (C) that has accepted reimbursement by

23 the Secretary of Defense as payment for serv24 ices rendered during the 12-month period pre25 ceding the date of the most recently updated
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1 provider information provided to households

2 under the plan required by subsection (a).

3 (d) SUBMISSION OF PLAN.—Not later than March

4 31, 2004, the Secretary shall submit to the Committees

5 on Armed Services of the Senate and House of Represent6 atives the plan required by subsection (a), together with

7 a schedule for implementation of the plan.

8 SEC. 705. WORKING GROUP ON MILITARY HEALTH CARE

9 FOR PERSONS RELIANT ON HEALTH CARE

10 FACILITIES AT MILITARY INSTALLATIONS TO

11 BE CLOSED OR REALIGNED.

12 Section 722 of the National Defense Authorization

13 Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C.

14 1073 note) is amended by striking subsections (a), (b),

15 (c), and (d) and inserting the following new subsections:

16 ‘‘(a) ESTABLISHMENT.—Not later than December

17 31, 2003, the Secretary of Defense shall establish a work18 ing group on the provision of military health care to per19 sons who rely for health care on health care facilities lo20 cated at military installations—

21 ‘‘(1) inside the United States that are selected

22 for closure or realignment in the 2005 round of re23 alignments and closures authorized by sections

24 2912, 2913, and 2914 of the Defense Base Closure

25 and Realignment Act of 1990 (part A of title XXIX
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1 of Public Law 101–510; 10 U.S.C. 2687 note), as

2 added by title XXX of the National Defense Author3 ization Act for Fiscal Year 2002 (Public Law 107–

4 107; 155 Stat. 1342); or

5 ‘‘(2) outside the United States that are selected

6 for closure or realignment as a result of force pos7 ture 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

20 each TRICARE region, but not to exceed a total of

21 12 members appointed under this paragraph, whose

22 experience 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

4 Defense Base Closure and Realignment Act of 1990, the

5 Secretary 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 provi15 sion 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 enti19 tled to health care services under chapter 55 of title

20 10, United States Code, or representatives of such

21 persons;

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 uni4 formed services on active duty, members and former

5 members of the uniformed services entitled to retired

6 or retainer pay, and dependents and survivors of

7 such members and retired personnel are afforded the

8 opportunity 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 imple13 mentation of the plan required by section 702 of the Floyd

14 D. Spence National Defense Authorization Act for Fiscal

15 Year 2001 (Public Law 106–398) (relating to chiropractic

16 health care services and benefits), with a goal of com17 pleting implementation of the plan by October 1, 2005.

18 SEC. 707. MEDICAL AND DENTAL SCREENING FOR MEM19 BERS OF SELECTED RESERVE UNITS ALERT20 ED FOR MOBILIZATION.

21 Section 1074a of title 10, United States Code, is

22 amended by adding at the end the following new sub23 section:

24 ‘‘(f)(1) The Department of Defense may provide med25 ical and dental screening and care to members of the Se-
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1 lected Reserve who are assigned to a unit that has been

2 alerted that the unit will be mobilized for active duty in

3 support of an operational mission or contingency oper4 ation, during a national emergency, or in a time of war.

5 ‘‘(2) The medical and dental screening and care that

6 may be provided under this subsection is screening and

7 care necessary to ensure that a member meets the medical

8 and dental standards for required deployment.

9 ‘‘(3) The services provided under this subsection shall

10 be provided to a member at no cost to the member and

11 at any time after the unit to which the member is assigned

12 is alerted or otherwise notified that the unit will be mobi13 lized.’’.

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

18 Subtitle A—Amendments to Gen19 eral Contracting Authorities,

20 Procedures, and Limitations

21 SEC. 801. EXTENSION OF AUTHORITY TO CARRY OUT CER22 TAIN PROTOTYPE PROJECTS.

23 Section 845 of the National Defense Authorization

24 Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.
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1 2371 note) is amended in subsection (g) by striking ‘‘Sep2 tember 30, 2004’’ and inserting ‘‘September 30, 2008’’.

3 SEC. 802. ELIMINATION OF CERTAIN SUBCONTRACT NOTI4 FICATION REQUIREMENTS.

5 Subsection (e) of section 2306 of title 10, United

6 States Code, is amended—

7 (1) by striking ‘‘(A)’’ and ‘‘(B)’’ and inserting

8 ‘‘(i)’’ and ‘‘(ii)’’, respectively;

9 (2) by redesignating paragraphs (1) and (2) as

10 subparagraphs (A) and (B), respectively;

11 (3) by striking ‘‘Each’’ and inserting ‘‘(1) Ex12 cept as provided in paragraph (2), each’’; and

13 (4) by adding at the end the following new

14 paragraph:

15 ‘‘(2) Paragraph (1) shall not apply to a prime con16 tract with a contractor that maintains a purchasing sys17 tem approved by the contracting officer for the contract.’’.

18 SEC. 803. ELIMINATION OF REQUIREMENT TO FURNISH

19 WRITTEN ASSURANCES OF TECHNICAL DATA

20 CONFORMITY.

21 Section 2320(b) of title 10, United States Code, is

22 amended—

23 (1) by striking paragraph (7); and

24 (2) by redesignating paragraphs (8) and (9) as

25 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 Fed18 eral Procurement Policy Act (41 U.S.C. 416) and section

19 8(e) 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

23 period of a task order contract or delivery order contract

24 entered into under this section may not exceed five years

25 unless a longer period is specifically authorized in a law

26 that is applicable to such contract. The contract may be
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1 extended for an additional 5 years (for a total contract

2 period of not more than 10 years) through modifications,

3 options, or otherwise.’’; and

4 (2) in section 2304b—

5 (A) by striking subsection (a) and insert6 ing 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 require10 ments of this section, sections 2304a and 2304c of this

11 title, and 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 redes16 ignated by subparagraph (B)) to read as fol17 lows:

18 ‘‘(c) REQUIRED CONTENT OF CONTRACT.—A task

19 order contract described in subsection (a) shall contain the

20 same information that is required by section 2304a(b) to

21 be included in the solicitation of offers for that contract.’’;

22 and

23 (D) in subsection (d) (as redesignated by

24 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

7 of title 10, United States Code, is repealed.

8 (2) Subsection (c) of section 811 of the Bob Stump

9 National Defense Authorization Act for Fiscal Year 2003

10 (Public Law 107–314; 116 Stat. 2608) is repealed.

11 SEC. 805. ADDITIONAL AUTHORITIES RELATING TO OB12 TAINING 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

20 the authority provided under subsection (a), the Secretary

21 of Defense may enter into personal services contracts with

22 individuals, regardless of their nationality, outside of the

23 United States.

24 ‘‘(2) The contracting officer for a personal services

25 contract shall be responsible for ensuring that a personal
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1 services contract is the appropriate vehicle for carrying out

2 the purpose of the contract.’’.

3 (b) INTELLIGENCE COMPONENTS.—(1) Subchapter I

4 of chapter 21 of title 10, United States Code, is amended

5 by adding at the end the following new section:

6 ‘‘§ 426. Personal services contracts: authority and

7 limitations

8 ‘‘(a) PERSONAL SERVICES.—(1) The Secretary of

9 Defense may, notwithstanding section 3109 of title 5,

10 enter into personal services contracts in the United States

11 if the personal services directly support the mission of a

12 defense intelligence component or counter-intelligence or13 ganization.

14 ‘‘(2) The contracting officer for a personal services

15 contract shall be responsible for ensuring that a personal

16 services contract is the appropriate vehicle for carrying out

17 the purpose of the contract.

18 ‘‘(b) DEFINITION.—In this section, the term ‘defense

19 intelligence component’ means a component of the Depart20 ment of Defense that is an element of the intelligence com21 munity, as defined in section 3(4) of the National Security

22 Act of 1947 (50 U.S.C. 401a(4)).’’.

23 (2) The table of sections at the beginning of such sub24 chapter is amended by adding at the end the following

25 new item:

‘‘426. Personal services contracts: authority and limitations.’’.
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1 (c) SPECIAL OPERATIONS COMMAND.—Section 167

2 of title 10, United States Code, is amended by adding at

3 the end the following new subsection:

4 ‘‘(l) PERSONAL SERVICES CONTRACTS.—(1) The

5 Secretary of Defense may, notwithstanding section 3109

6 of title 5, enter into personal services contracts in the

7 United States if the personal services directly support the

8 mission of the special operations command.

9 ‘‘(2) The contracting officer for a personal services

10 contract shall be responsible for ensuring that a personal

11 services contract is the appropriate vehicle for carrying out

12 the 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 eval19 uation, the Secretary shall focus in particular on the im20 plementation of prompt payment provisions with respect

21 to small businesses, including—

22 (1) an analysis of compliance by the Depart23 ment of Defense with chapter 39 of title 31, United

24 States Code, and regulations applicable to the De-
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1 partment of Defense under that chapter, with re2 spect to small business contractors;

3 (2) a determination of the number of Depart4 ment of Defense contracts with small businesses

5 that are not in compliance with prompt payment re6 quirements; and

7 (3) a determination of the average length of

8 time that elapses between performance of work by

9 small business contractors under Department of De10 fense 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 capa20 bilities of the United States defense industrial base to

21 produce military systems necessary to support national se22 curity requirements.

23 (b) DESIGNEE.—The Secretary of each military de24 partment shall designate a position to be responsible for

25 assisting in carrying out the program under subsection (a)
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1 with respect to the military department concerned. The

2 person designated to serve in such position shall do the

3 following:

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

9 of Defense in carrying out the Secretary’s duties as

10 a member of the National Defense Technology and

11 Industrial Base Council (as established under sec12 tion 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 de16 termining critical items to assist the Secretary of

17 Defense in carrying out section 812.

18 (c) COLLECTION OF DATA.—The Secretary of De19 fense shall collect data in support of the program. At a

20 minimum, with respect to each procurement for a covered

21 military system, the following information shall be col22 lected:

23 (1) With respect to the contractor awarded the

24 contract:
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1 (A) An identification of the critical item or

2 items included in the covered military system

3 and whether the item is of a domestic or for4 eign source.

5 (B) Whether the contractor is a foreign

6 contractor, and, if so—

7 (i) whether the contract was awarded

8 on a sole source basis because of the un9 availability of responsible offerors with

10 United States production capabilities; or

11 (ii) whether the contract was awarded

12 after receipt of offers from responsible

13 offerors with United States production ca14 pabilities.

15 (C) Whether the contractor is a United

16 States contractor, and, if the contractor plans

17 to perform work under the contract outside the

18 United States, an identification of the locations

19 where the work (including research, develop20 ment, and manufacturing) will be performed, an

21 explanation of the business rationale for why

22 the decision was made to transfer the work out23 side the United States, and a certification of

24 the specific percentage of the total contract to

25 be performed outside the United States.
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1 (2) With respect to the offerors submitting bids

2 or proposals (other than the offeror awarded the

3 contract):

4 (A) An identification of the critical item or

5 items included in the covered military system

6 and whether the item is of a domestic or for7 eign source.

8 (B) An identification of the domestic and

9 foreign offerors and the locations where the

10 work (including research, development, and

11 manufacturing) was proposed to be performed

12 under the contract.

13 (C) A statement of whether there were no

14 offerors or whether there was only one offeror.

15 (d) CONFIDENTIALITY.—The Secretary of Defense

16 shall make every effort to ensure that the information col17 lected under this section from private sector entities re18 mains confidential.

19 (e) ASSESSMENT.—The Secretary of Defense shall

20 prepare an assessment of the data compiled under this

21 section during every two-year period and shall submit the

22 results of the assessment to the Committees on Armed

23 Services of the Senate and the House of Representatives,

24 including the recommendations of the Secretary regarding

25 how procurement from the United States defense indus-
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1 trial base can be maximized. The first such assessment

2 shall cover the period of fiscal Year 2002 and fiscal Year

3 2003 and shall be submitted to the Committees no later

4 than November 1, 2004.

5 SEC. 812. IDENTIFICATION OF CRITICAL ITEMS: MILITARY

6 SYSTEM BREAKOUT LIST.

7 (a) IDENTIFICATION PROCESS.—The Secretary of

8 Defense shall establish a process to identify, with respect

9 to each military system—

10 (1) the items and components within the mili11 tary system;

12 (2) the items and components within the mili13 tary system that are essential, in accordance with

14 subsection (c); and

15 (3) the items and components within the mili16 tary system that are critical, in accordance with sub17 section (d).

18 (b) MILITARY SYSTEM BREAKOUT LIST.—The Sec19 retary of Defense shall produce a list, to be known as the

20 ‘‘military system breakout list’’, consisting of the items

21 and components identified under the process established

22 under subsection (a).

23 (c) ESSENTIAL ITEMS AND COMPONENTS.—For pur24 poses of determining whether an item or component is es-
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1 sential, the Secretary shall include only an item or compo2 nent that—

3 (1) is essential for the proper functioning and

4 performance of the military system of which the

5 item or component is a part; or

6 (2) involves a critical technology (as defined in

7 section 2500 of title 10, United States Code).

8 (d) CRITICAL ITEMS OR COMPONENTS.—(1) For pur9 poses of determining whether an item or component is

10 critical, the Secretary shall include only an item or compo11 nent that—

12 (A) is essential, as determined under subsection

13 (c); and

14 (B) with respect to which there is a high bar15 rier to entry for the production of the item or com16 ponent.

17 (2) For purposes of paragraph (1)(B), a high barrier

18 to entry for the production of an item or component means

19 that—

20 (A) there would be a significant period of time

21 required to reestablish United States production ca22 pabilities; and

23 (B) the level of investment necessary to reestab24 lish United States production capabilities that are
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1 able to meet surge and sustained production rates

2 for wartime requirements is significant.

3 (e) REPORT.—Not later than November 1 of each

4 year, beginning with November 1, 2004, the Secretary of

5 Defense shall submit to the Committees on Armed Serv6 ices of the Senate and the House of Representatives a re7 port on the implementation of this section. The report

8 shall include the following:

9 (1) A list of each military system covered by the

10 process established under subsection (a).

11 (2) A list of items and components determined

12 to be essential.

13 (3) A list of items and components determined

14 to be critical.

15 (4) A list of the items and components con16 tained in the lists provided under paragraphs (2)

17 and (3) that are manufactured or produced outside

18 the United States.

19 SEC. 813. PROCUREMENT OF CERTAIN CRITICAL ITEMS

20 FROM AMERICAN SOURCES.

21 (a) REQUIREMENT FOR PROCUREMENT OF CERTAIN

22 CRITICAL ITEMS PRODUCED IN UNITED STATES.—With

23 respect to items that meet the criteria set forth in sub24 section (b), the Secretary of Defense may procure such
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1 items only if the items are entirely produced in the United

2 States.

3 (b) CRITERIA.—For purposes of subsection (a), an

4 item meets the criteria of this subsection if—

5 (1) it is a critical item; and

6 (2) there are limited sources of production ca7 pability of the item in the United States.

8 (c) EXCEPTION.—Subsection (a) does not apply to a

9 procurement of an item when the Secretary of Defense

10 determines in writing that the Department of Defense’s

11 need for the item is of such an unusual and compelling

12 urgency that the United States would be seriously injured

13 unless the Department is permitted to procure the item

14 from sources outside the United States.

15 (d) APPLICABILITY.—Subsection (a) shall apply to

16 contracts for the procurement of covered military systems

17 and subcontracts under such contracts.

18 SEC. 814. PRODUCTION CAPABILITIES IMPROVEMENT FOR

19 CERTAIN CRITICAL ITEMS USING DEFENSE

20 INDUSTRIAL BASE CAPABILITIES FUND.

21 (a) ESTABLISHMENT OF FUND.—There is estab22 lished in the Treasury of the United States a separate

23 fund to be known as the Defense Industrial Base Capabili24 ties Fund (hereafter in this section referred to as the

25 ‘‘Fund’’).
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1 (b) MONEYS IN FUND.—There shall be credited to

2 the Fund amounts appropriated to it.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to the Fund $100,000,000

5 for fiscal year 2004.

6 (d) USE OF FUND.—The Secretary of Defense is au7 thorized to use all amounts in the Fund, subject to appro8 priation, for the purposes of establishing capabilities with9 in the United States to produce critical items that meet

10 any of the following criteria:

11 (1) The item is available only from foreign con12 tractors.

13 (2) The item is available only from a limited

14 number of United States contractors.

15 (e) LIMITATION ON USE OF FUND.—Before the obli16 gation of any amounts in the Fund, the Secretary of De17 fense shall submit to Congress a report describing the Sec18 retary’s plans for implementing the Fund established in

19 subsection (a), including the priorities for the obligation

20 of amounts in the Fund, the criteria for determining the

21 recipients of such amounts, and the mechanisms through

22 which such amounts may be provided to the recipients.

23 (f) AVAILABILITY OF FUNDS.—Amounts in the Fund

24 shall remain available until expended.
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1 (g) FUND MANAGER.—The Secretary of Defense

2 shall designate a Fund manager. The duties of the Fund

3 manager shall include—

4 (1) ensuring the visibility and accountability of

5 transactions engaged in through the Fund; and

6 (2) reporting to Congress each year regarding

7 activities of the Fund during the previous fiscal

8 year.

9 Part II—Requirements Relating to Specific Items

10 SEC. 821. DOMESTIC SOURCE LIMITATION AMENDMENTS.

11 (a) ADDITIONAL ITEMS.—Section 2534(a) of title 10,

12 United States Code, is amended by adding at the end of

13 the following new paragraphs:

14 ‘‘(6) Fuzes used for ordnance.

15 ‘‘(7) Microwave power tubes or traveling wave

16 tubes.

17 ‘‘(8) PAN carbon fiber.

18 ‘‘(9) Aircraft tires.

19 ‘‘(10) Ground vehicle tires.

20 ‘‘(11) Tank track assemblies.

21 ‘‘(12) Tank track components.

22 ‘‘(13) Pre-formed retort packaging in direct

23 contact with main entree meals within meals ready24 to-eat listed in Federal Supply Class 8970.’’.
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1 (b) AMENDMENT OF NATIONAL TECHNOLOGY AND

2 INDUSTRIAL BASE.—Paragraph (1) of section 2500 of

3 title 10, United States Code, is amended—

4 (1) by striking all that follows after ‘‘States’’ to

5 the end of the paragraph and inserting a period; and

6 (2) by striking ‘‘production, or maintenance’’

7 and inserting ‘‘production, and maintenance’’.

8 (c) AMENDMENT OF WAIVER AUTHORITY.—Section

9 2534(d) of title 10, United States Code, is amended—

10 (1) in the text before paragraph (1), by insert11 ing ‘‘in writing’’ after ‘‘determines’’;

12 (2) by striking paragraphs (1), (2), (3), (6),

13 (7), and (8);

14 (3) by redesignating paragraphs (4) and (5) as

15 paragraphs (2) and (3), respectively, and in such

16 paragraph (3), as so redesignated, by adding at the

17 end the following: ‘‘This exception shall not apply to

18 items determined to be critical by the Secretary of

19 Defense under section 812 of the National Defense

20 Authorization Act for Fiscal Year 2004.’’; and

21 (4) by inserting before paragraph (2), as so re22 designated, the following new paragraph (1):

23 ‘‘(1) The Department of Defense’s need for the

24 item is of such an unusual and compelling urgency

25 that the United States would be seriously injured
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1 unless the Department is permitted to procure the

2 item from sources outside the United States.’’.

3 SEC. 822. REQUIREMENTS RELATING TO BUYING COMMER4 CIAL ITEMS CONTAINING SPECIALTY METALS

5 FROM AMERICAN SOURCES.

6 (a) SPECIALTY METALS AND OTHER INDUSTRIAL

7 BASE PROTECTION MEASURES.—(1) Subsection (b) of

8 section 2533a of title 10, United States Code, is

9 amended—

10 (A) in paragraph (1)(B), by inserting before the

11 semicolon the following: ‘‘and the materials and

12 components thereof’’; and

13 (B) in paragraph (2), by inserting before the

14 period the following: ‘‘ and any specialty metal that

15 may be part of another item’’.

16 (2) Subsection (c) of such section is amended—

17 (A) by striking ‘‘or the Secretary of the military

18 department concerned’’; and

19 (B) by adding at the end the following: ‘‘For

20 each such determination, the Secretary of Defense

21 shall notify Congress in writing of the factors sup22 porting the determination.’’.

23 (3) Section 2533a of such title is amended by adding

24 at the end the following new subsection:
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1 ‘‘(l) AUTHORITY NOT DELEGABLE.—The Secretary

2 may not delegate any authority under this section to any3 one other than the Under Secretary of Defense for Acqui4 sition, Technology, and Logistics.’’.

5 (b) EXCEPTION TO BERRY AMENDMENT FOR COM6 MERCIAL ITEMS CONTAINING SPECIALTY METALS.—Sec7 tion 2533a of title 10, United States Code, is amended—

8 (1) by redesignating subsections (i) and (j) as

9 subsections (j) and (k), respectively; and

10 (2) by inserting after subsection (h) the fol11 lowing new subsection:

12 ‘‘(i) EXCEPTION FOR COMMERCIAL ITEMS CON13 TAINING SPECIALTY METALS.—

14 ‘‘(1) IN GENERAL.—Subsection (a) does not

15 apply to the procurement of a commercial item con16 taining specialty metals if—

17 ‘‘(A) the contractor agrees to comply with

18 the requirement set forth in paragraph (2); or

19 ‘‘(B) the Secretary of Defense determines

20 in writing that the Department of Defense’s

21 need for the commercial item containing spe22 cialty metal is of such an unusual and compel23 ling urgency that the United States would be

24 seriously injured unless the Department is per-
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1 mitted to procure the item containing specialty

2 metal from outside the United States.

3 ‘‘(2) REQUIREMENT TO PURCHASE EQUIVALENT

4 AMOUNT OF DOMESTIC METAL.—For purposes of

5 paragraph (1)(A), the requirement set forth in this

6 paragraph is that the contractor for each contract

7 entered into by the Secretary for the procurement of

8 a commercial item containing specialty metal agrees

9 to purchase, over the 18-month period beginning on

10 the date of award of the contract, an amount of spe11 cialty metal that is—

12 ‘‘(A) produced, including such functions as

13 melting and smelting, in the United States; and

14 ‘‘(B) equivalent to—

15 ‘‘(i) the amount of specialty metal

16 (measured by factors including volume,

17 type, and grade) purchased to carry out

18 the work under the contract (including the

19 work under each subcontract at any tier

20 under the contract); plus

21 ‘‘(ii) 10 percent of the amount re22 ferred to in clause (i).

23 ‘‘(3) RELATIONSHIP TO OTHER EXCEPTIONS.—

24 The exceptions under subsections (c), (d), and (h) of
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1 this section shall not apply to the procurement of a

2 commercial item containing specialty metals.

3 ‘‘(4) NOTICE TO CONGRESS.—The Secretary of

4 Defense shall not enter into a contract to procure a

5 commercial item containing specialty metal pursuant

6 to the exception in subsection (a) until Congress is

7 notified that the Secretary has applied the exception

8 and a period of 15 days has expired after such noti9 fication is made.

10 ‘‘(5) NOTICE TO INDUSTRY.—The Secretary of

11 Defense shall publish a notice in the Federal Reg12 ister on the method that the Department of Defense

13 will use to measure an equivalent amount of spe14 cialty metal for purposes of this subsection. Such a

15 method shall consider factors such as volume, type,

16 and grade of specialty metal that otherwise would be

17 produced from United States sources.’’.

18 (c) REMOVAL OF SPECIALTY METAL FROM SUB19 SECTION (e) EXCEPTION.—Subsection (e) of such section

20 is amended—

21 (1) in the heading, by striking ‘‘SPECIALTY

22 METALS AND’’; and

23 (2) by striking ‘‘specialty metals or’’.
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1 (d) CONFORMING AMENDMENT.—Subsection (a) of

2 section 2533a of such title is amended by striking

3 ‘‘through (h)’’ and inserting ‘‘through (i)’’.

4 (e) EFFECTIVE DATE.—Section 2533a(i) of title 10,

5 United States Code, as added by subsection (a), shall

6 apply to each contract for the procurement of a commer7 cial item containing specialty metal entered into before,

8 on, or after the date of the enactment of this Act.

9 SEC. 823. ELIMINATION OF UNRELIABLE SOURCES OF DE10 FENSE ITEMS AND COMPONENTS.

11 (a) IDENTIFICATION OF CERTAIN COUNTRIES.—The

12 Secretary of Defense shall identify foreign countries that,

13 by law, policy, or regulation, restricted the provision or

14 sale of military goods or services to the United States be15 cause of United States policy toward, or military oper16 ations in, Iraq since September 12, 2002.

17 (b) PROHIBITION ON PROCUREMENT OF CERTAIN

18 ITEMS FROM IDENTIFIED COUNTRIES.—The Secretary of

19 Defense may not procure any items or components con20 tained in military systems if the items or components, or

21 the systems, are manufactured in any foreign country

22 identified under subsection (a).

23 (c) WAIVER AUTHORITY.—The Secretary of Defense

24 may waive the limitation in subsection (b) if the Secretary

25 determines in writing and notifies Congress that the De-
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1 partment of Defense’s need for the item is of such an un2 usual and compelling urgency that the United States

3 would be seriously injured unless the Department is per4 mitted to procure the item from the sources identified in

5 subsection (a).

6 (d) EFFECTIVE DATE.—(1) Subject to paragraph

7 (2), subsection (b) applies to contracts in existence on the

8 date of the enactment of this Act or entered into after

9 such date.

10 (2) With respect to contracts in existence on the date

11 of the enactment of this Act, the Secretary of Defense

12 shall take such action as is necessary to ensure that such

13 contracts are in compliance with subsection (b) not later

14 than 24 months after such date.

15 SEC. 824. CONGRESSIONAL NOTIFICATION REQUIRED BE16 FORE EXERCISING EXCEPTION TO REQUIRE17 MENT TO BUY SPECIALTY METALS FROM

18 AMERICAN SOURCES.

19 Section 2533a(c) of title 10, United States Code, is

20 amended by adding at the end the following new sentence:

21 ‘‘The Secretary of Defense or the Secretary of the military

22 department concerned may not procure specialty metals

23 pursuant to the exception authorized by this subsection

24 until the Secretary submits to Congress and publishes in

25 the Federal Register notice of the determination made
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1 under this subsection and a period of 15 days expires after

2 the date such notification is submitted.’’.

3 SEC. 825. REPEAL OF AUTHORITY FOR FOREIGN PROCURE4 MENT OF PARA-ARAMID FIBERS AND YARNS.

5 Section 807 of the Strom Thurmond National De6 fense Authorization Act for Fiscal Year 1999 (Public Law

7 105–261; 112 Stat. 2084) is repealed.

8 SEC. 826. REQUIREMENT FOR MAJOR DEFENSE ACQUISI9 TION PROGRAMS TO USE MACHINE TOOLS

10 ENTIRELY PRODUCED WITHIN THE UNITED

11 STATES.

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

13 United States Code, is amended by inserting after section

14 2435 the following new section:

15 ‘‘§ 2436. Major defense acquisition programs: require16 ment for certain items to be entirely pro17 duced in United States

18 ‘‘The Secretary of Defense shall require that, for any

19 procurement of a major defense acquisition program—

20 ‘‘(1) the contractor for the procurement shall

21 use only machine tools entirely produced within the

22 United States to carry out the contract; and

23 ‘‘(2) any subcontractor under the contract shall

24 comply with paragraph (1) in the case of any con25 tract in an amount that is $5,000,000 or greater.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by inserting after the item relating

3 to section 2435 the following new item:

‘‘2436. Major defense acquisition programs: requirement for certain items to be

entirely produced in United States.’’.

4 (b) EFFECTIVE DATE.—Section 2436 of title 10,

5 United States Code, as added by subsection (a), shall

6 apply with respect to contracts entered into after the date

7 occurring four years after the date of the enactment of

8 this Act.

9 SEC. 827. DATA COLLECTION AND TECHNICAL ASSISTANCE

10 CENTER RELATING TO MACHINE TOOLS.

11 (a) COLLECTION OF DATA ON CONTRACTS USING

12 MACHINE TOOLS.—The Secretary of Defense shall collect

13 data in order to identify all contractors and subcontractors

14 that use machine tools in carrying out any defense con15 tract in an amount that is $5,000,000 or greater.

16 (b) TECHNICAL ASSISTANCE CENTER.—The Sec17 retary of Defense shall establish a center to provide tech18 nical assistance to machine tool companies in the United

19 States, and entities that use machine tools, to seek guid20 ance with respect to government contracting regulations,

21 including compliance procedures, and opportunities for

22 contracting with the Department of Defense. As part of

23 the assistance provided through the center, the Secretary

24 may provide information about defense contracts that are
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1 expected to be carried out through the use of machine

2 tools.

3 (c) DEFINITION.—In this section the term ‘‘machine

4 tools’’ includes machine tools in the North American In5 dustry Classification System (NAICS) codes 333511,

6 333512, 333513, 333514, and 333515.

7 SEC. 828. BUY AMERICAN ENHANCEMENT.

8 Section 2533 of title 10, United States Code, is

9 amended—

10 (1) by redesignating subsection (b) as sub11 section (c); and

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

14 ‘‘(b) In determining under section 2 of the Buy

15 American Act (41 U.S.C. 10a et seq.) whether application

16 of such Act is inconsistent with the public interest, the

17 Secretary of Defense shall not consider the provisions of

18 any trade agreement between the United States and a for19 eign country that is in effect at the time of the determina20 tion.’’.

21 SEC. 829. REQUIREMENT RELATING TO PURCHASES BY DE22 PARTMENT OF DEFENSE SUBJECT TO BUY

23 AMERICAN ACT.

24 In applying section 2 of the Buy American Act (41

25 U.S.C. 10a) to acquisitions by the Department of Defense,
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1 the term ‘‘substantially all’’ shall mean at least 65 per2 cent.

3 Part III—General Provisions

4 SEC. 831. DEFINITIONS.

5 In this subtitle:

6 (1) COVERED MILITARY SYSTEM.—The term

7 ‘‘covered military system’’ means a military system

8 that includes one or more critical items.

9 (2) MILITARY SYSTEM.—The term ‘‘military

10 system’’ means a military system necessary to sup11 port national security requirements, as determined

12 by the Secretary of Defense, and which costs more

13 than $25,000. At a minimum, the term includes the

14 following:

15 (A) Weapons listed in Federal Supply

16 Group 10.

17 (B) Nuclear ordnance listed in Federal

18 Supply Group 11.

19 (C) Fire control equipment listed in Fed20 eral Supply Group 12.

21 (D) Ammunition and explosives listed in

22 Federal Supply Group 13.

23 (E) Guided missiles listed in Federal Sup24 ply Group 14.
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1 (F) Aircraft and related components, ac2 cessories, and equipment listed in Federal Sup3 ply Groups 15, 16, and 17.

4 (G) Space vehicles listed in Federal Supply

5 Group 18.

6 (H) Ships, small craft, pontoons, and float7 ing docks listed in Federal Supply Group 19.

8 (I) Ship and marine equipment listed in

9 Federal Supply Group 20.

10 (J) Tracked combat vehicles listed in Fed11 eral Supply Class 2350.

12 (K) Engines, turbines, and components

13 listed in Federal Supply Group 28.

14 (3) CRITICAL ITEM.—The term ‘‘critical item’’

15 means an item or component determined to be crit16 ical by the Secretary of Defense under section 812.

17 (4) ITEM.—The term ‘‘item’’ means an end

18 item.

19 (5) COMPONENT.—The term ‘‘component’’

20 means an article, material, or supply incorporated

21 into an end item. The term includes software and

22 subassemblies.

23 (6) FOREIGN CONTRACTOR.—The term ‘‘foreign

24 contractor’’ means a contractor or subcontractor or-
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1 ganized or existing under the laws of a country other

2 than the United States.

3 (7) UNITED STATES CONTRACTOR.—The term

4 ‘‘United States contractor’’ means a contractor or

5 subcontractor organized or existing under the laws

6 of the United States.

7 (8) UNITED STATES PRODUCTION CAPABILI8 TIES.—The term ‘‘United States production capa9 bilities’’ means, with respect to an item or compo10 nent, facilities located in the United States to de11 sign, develop, or manufacture the item or compo12 nent.

13 TITLE IX—DEPARTMENT OF

14 DEFENSE ORGANIZATION

15 AND MANAGEMENT

16 SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY

17 TO SECRETARY OF THE NAVY AND MARINE

18 CORPS.

19 (a) CHANGE IN TITLE.—The position of the Sec20 retary of the Navy is hereby redesignated as the Secretary

21 of the Navy and Marine Corps.

22 (b) REFERENCES.—Any reference to the Secretary of

23 the Navy in any law, regulation, document, record, or

24 other paper of the United States shall be considered to
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1 be a reference to the Secretary of the Navy and Marine

2 Corps.

3 SEC. 902. REDESIGNATION OF NATIONAL IMAGERY AND

4 MAPPING AGENCY AS NATIONAL

5 GEOSPATIAL-INTELLIGENCE AGENCY.

6 (a) REDESIGNATION.—The National Imagery and

7 Mapping Agency of the Department of Defense is hereby

8 redesignated as the National Geospatial-Intelligence Agen9 cy.

10 (b) DEFINITION OF GEOSPATIAL INTELLIGENCE.—

11 Section 467 of title 10, United States Code, is amended

12 by adding at the end the following new paragraph:

13 ‘‘(5) The term ‘geospatial intelligence’ means

14 the exploitation and analysis of imagery and

15 geospatial information to describe, assess, and vis16 ually depict physical features and geographically ref17 erenced activities on the earth. Geospatial intel18 ligence consists of imagery, imagery intelligence, and

19 geospatial information.’’.

20 (c) AGENCY MISSIONS.—(1) Section 442(a) of title

21 10, United States Code, is amended—

22 (A) in paragraph (1), by inserting ‘‘geospatial

23 intelligence consisting of’’ after ‘‘provide’’; and
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1 (B) in paragraph (2), by striking ‘‘Imagery,

2 intelligency, and information’’ and inserting

3 ‘‘Geospatial intelligence’’.

4 (2) Section 110(a) of the National Security Act of

5 1947 (50 U.S.C. 404e(a)) is amended by striking ‘‘im6 agery’’ and inserting ‘‘geospatial intelligence’’.

7 (d) CONFORMING AMENDMENTS TO TITLE 10,

8 UNITED STATES CODE.—Title 10, United States Code, is

9 amended as follows:

10 (1) The heading of chapter 22 is amended to

11 read as follows:

12 ‘‘CHAPTER 22—NATIONAL GEOSPATIAL13 INTELLIGENCE AGENCY’’.

14 (2) Chapter 22 is amended—

15 (A) by striking ‘‘National Imagery and

16 Mapping Agency’’ each place it appears and in17 serting ‘‘National Geospatial-Intelligence Agen18 cy’’; and

19 (B) in section 453(b), by striking ‘‘NIMA’’

20 in paragraphs (1) and (2) and inserting

21 ‘‘NGA’’.

22 (3) Section 193 is amended—

23 (A) by striking ‘‘National Imagery and

24 Mapping Agency’’ in subsections (d)(1), (d)(2),
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1 (e), and (f)(4) and inserting ‘‘National

2 Geospatial-Intelligence Agency’’;

3 (B) in the heading for subsection (d), by

4 striking ‘‘NATIONAL IMAGERY AND MAPPING

5 AGENCY’’ and inserting ‘‘NATIONAL

6 GEOSPATIAL-INTELLIGENCE AGENCY’’; and

7 (C) in the heading for subsection (e), by

8 striking ‘‘NIMA’’ and inserting ‘‘NGA’’.

9 (4) Section 201 is amended by striking ‘‘Na10 tional Imagery and Mapping Agency’’ in subsections

11 (b)(2)(C) and (c)(2)(C) and inserting ‘‘National

12 Geospatial-Intelligence Agency’’.

13 (5)(A) Section 424 is amended by striking ‘‘Na14 tional Imagery and Mapping Agency’’ in subsection

15 (b)(3) and inserting ‘‘National Geospatial-Intel16 ligence Agency’’.

17 (B)(i) The heading of such section is amended

18 to read as follows:

19 ‘‘§ 424. Disclosure of organizational and personnel in20 formation: exemption for specified intel21 ligence agencies’’.

22 (ii) The item relating to that section in the

23 table of sections at the beginning of subchapter I of

24 chapter 21 is amended to read as follows:

‘‘424. Disclosure of organizational and personnel information: exemption for

specified intelligence agencies.’’.
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1 (6) Section 425(a) is amended by adding at the

2 end the following new paragraph:

3 ‘‘(5) The words ‘National Geospatial-Intel4 ligence Agency’, the initials ’NGA,’ or the seal of the

5 National Geospatial-Intelligence Agency.’’.

6 (7) Section 1614(2)(C) is amended by striking

7 ‘‘National Imagery and Mapping Agency’’ and in8 serting ‘‘National Geospatial-Intelligence Agency’’.

9 (8) The tables of chapters at the beginning of

10 subtitle A, and at the beginning of part I of subtitle

11 A, are each amended by striking ‘‘Imagery and Map12 ping’’ in the item relating to chapter 22 and insert13 ing ‘‘Geospatial-Intelligence’’.

14 (e) CONFORMING AMENDMENTS TO NATIONAL SECU15 RITY ACT OF 1947.—The National Security Act of 1947

16 is amended as follows:

17 (1) Section 3 (50 U.S.C. 401a) is amended by

18 striking ‘‘National Imagery and Mapping Agency’’ in

19 paragraph (4)(E) and inserting ‘‘National

20 Geospatial- Intelligence Agency’’.

21 (2) Section 105 (50 U.S.C. 403–5) is amended

22 by striking ‘‘National Imagery and Mapping Agen23 cy’’ in subsections (b)(2) and (d)(3) and inserting

24 ‘‘National Geospatial-Intelligence Agency’’.
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1 (3) Section 105A (50 U.S.C. 403–5a) is amend2 ed by striking ‘‘National Imagery and Mapping

3 Agency’’ in subsection (b)(1)(C) and inserting ‘‘Na4 tional Geospatial-Intelligence Agency’’.

5 (4) Section 105C (50 U.S.C. 403-5c) is

6 amended—

7 (A) by striking ‘‘National Imagery and

8 Mapping Agency’’ each place it appears and in9 serting ‘‘National Geospatial-Intelligence Agen10 cy’’;

11 (B) by striking ‘‘NIMA’’ each place it ap12 pears and inserting ‘‘NGA’’; and

13 (C) by striking ‘‘NATIONAL IMAGERY AND

14 MAPPING AGENCY’’ in the section heading and

15 inserting ‘‘NATIONAL GEOSPATIAL-INTEL16 LIGENCE AGENCY’’.

17 (5) Section 106 (50 U.S.C. 403–6) is amended

18 by striking ‘‘National Imagery and Mapping Agen19 cy’’ in subsection (a)(2)(C) and inserting ‘‘National

20 Geospatial-Intelligence Agency’’.

21 (6) Section 110 (50 U.S.C. 404e) is amended—

22 (A) by striking ‘‘National Imagery and

23 Mapping Agency’’ in subsections (a), (b), and

24 (c) and inserting ‘‘National Geospatial-Intel25 ligence Agency’’; and
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1 (B) by striking ‘‘NATIONAL IMAGERY AND

2 MAPPING AGENCY’’ in the section heading and

3 inserting ‘‘NATIONAL GEOSPATIAL-INTEL4 LIGENCE AGENCY’’.

5 (7) The table of contents in the first section is

6 amended—

7 (A) by striking the item relating to section

8 105C and inserting the following:

‘‘Sec. 105C. Protection of operational files of National Geospatial-Intelligence

Agency.’’;

9 and

10 (B) by striking the item relating to section

11 110 and inserting the following:

‘‘Sec. 110. National mission of National Geospatial-Intelligence Agency.’’.

12 (f) CROSS REFERENCE CORRECTION.—Section

13 442(d) of title 10, United States Code, is by striking ‘‘sec14 tion 120(a) of the National Security Act of 1947’’ and

15 inserting ‘‘section 110(a) of the National Security Act of

16 1947 (50 U.S.C. 404e(a))’’.

17 (g) REFERENCES.—Any reference to the National

18 Imagery and Mapping Agency in any law, regulation, map,

19 document, record, or other paper of the United States

20 shall be considered to be a reference to the National

21 Geospatial-Intelligence Agency.
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1 SEC. 903. PILOT PROGRAM FOR PROVISION OF SPACE SUR2 VEILLANCE NETWORK SERVICES TO NON3 UNITED STATES GOVERNMENTAL ENTITIES.

4 (a) IN GENERAL.—Chapter 135 of title 10, United

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

7 ‘‘§ 2272. Space surveillance network: pilot program

8 for provision of satellite tracking support

9 to entities outside United States Govern10 ment

11 ‘‘(a) PILOT PROGRAM.—The Secretary of Defense

12 may carry out a pilot program to determine the feasibility

13 and desirability of providing to non-United States Govern14 mental entities space surveillance data support described

15 in subsection (b).

16 ‘‘(b) SPACE SURVEILLANCE DATA SUPPORT.—Under

17 such a pilot program, the Secretary may provide to a non18 United States Governmental entity, subject to an agree19 ment described in subsection (c), the following:

20 ‘‘(1) Satellite tracking services from assets

21 owned or controlled by the Department of Defense,

22 but only if the Secretary determines, in the case of

23 any such agreement, that providing such services to

24 that entity is in the national security interests of the

25 United States.
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1 ‘‘(2) Space surveillance data and the analysis of

2 space surveillance data, but only if the Secretary de3 termines, in the case of any such agreement, that

4 providing such data and analysis to that entity is in

5 the national security interests of the United States.

6 ‘‘(c) REQUIRED AGREEMENT.—The Secretary may

7 not provide space surveillance data support to a non8 United States Governmental entity under the pilot pro9 gram unless that entity enters into an agreement with the

10 Secretary under which the entity—

11 ‘‘(1) agrees to pay an amount that may be

12 charged by the Secretary under subsection (f); and

13 ‘‘(2) agrees not to transfer any data or tech14 nical information received under the agreement, in15 cluding the analysis of tracking data, to any other

16 entity without the Secretary’s express approval.

17 ‘‘(d) REQUIREMENTS WITH RESPECT TO FOREIGN

18 TRANSACTIONS.—(1) The Secretary may enter into an

19 agreement under subsection (c) to provide space surveil20 lance data support to a foreign government or other for21 eign entity only with the concurrence of the Secretary of

22 State.

23 ‘‘(2) In the case of such an agreement that is entered

24 into with a foreign government or other foreign entity, the

25 Secretary of Defense may provide approval under sub-
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1 section (c)(2) for a transfer of data or technical informa2 tion only with the concurrence of the Secretary of State.

3 ‘‘(e) PROHIBITION CONCERNING PROVISION OF IN4 TELLIGENCE ASSETS OR DATA.—Nothing in this section

5 shall be considered to authorize the provision of services

6 or information concerning, or derived from, United States

7 intelligence assets or data.

8 ‘‘(f) CHARGES.—As a condition of an agreement

9 under subsection (c), the Secretary of Defense may require

10 the non-United States Governmental entity entering into

11 the agreement to pay to the Department of Defense such

12 amounts as the Secretary determines to be necessary to

13 reimburse the Department of Defense for the costs to the

14 Department of providing space surveillance data support

15 under the agreement.

16 ‘‘(g) CREDITING OF FUNDS RECEIVED.—Funds re17 ceived pursuant to an agreement under this section shall

18 be credited to accounts of the Department of Defense that

19 are current when the proceeds are received and that are

20 available for the same purposes as the accounts originally

21 charged to perform the services. Funds so credited shall

22 merge with and become available for obligation for the

23 same period as the accounts to which they are credited.

24 ‘‘(h) PROCEDURES.—The Secretary shall establish

25 procedures for the conduct of the pilot program. As part
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1 of those procedures, the Secretary may allow space surveil2 lance data and analytical support to be provided through

3 a contractor of the Department of Defense.

4 ‘‘(i) DURATION OF PILOT PROGRAM.—The pilot pro5 gram under this section shall be conducted during the

6 three-year period beginning on a date specified by the Sec7 retary of Defense, which date shall be not later than 180

8 days after the date of the enactment of this section.’’.

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

10 at the beginning of such chapter is amended by adding

11 at the end the following new item:

‘‘2272. Space surveillance network: pilot program for provision of satellite tracking services and data to entities outside United States Government.’’.

12 SEC. 904. CLARIFICATION OF RESPONSIBILITY OF MILI13 TARY DEPARTMENTS TO SUPPORT COMBAT14 ANT COMMANDS.

15 Sections 3013(c)(4), 5013(c)(4), and 8013(c)(4) of

16 title 10, United States Code, are each amended by striking

17 ‘‘(to the maximum extent practicable)’’.

18 SEC. 905. BIENNIAL REVIEW OF NATIONAL MILITARY

19 STRATEGY BY CHAIRMAN OF THE JOINT

20 CHIEFS OF STAFF.

21 (a) BIENNIAL REVIEW.—Section 153 of title 10,

22 United States Code, by adding at the end the following

23 new subsection:
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1 ‘‘(d) BIENNIAL REVIEW OF NATIONAL MILITARY

2 STRATEGY.—(1) Not later then February 15 of each even3 numbered year, the Chairman shall submit to the Com4 mittee on Armed Services of the Senate and the Com5 mittee on Armed Services of the House of Representatives

6 a report containing the results of a comprehensive exam7 ination of the national military strategy. Each such exam8 ination shall be conducted by the Chairman in conjunction

9 with the other members of the Joint Chiefs of Staff and

10 the commanders of the unified and specified commands.

11 ‘‘(2) Each report on the examination of the national

12 military strategy under paragraph (1) shall include the fol13 lowing:

14 ‘‘(A) Delineation of a national military strategy

15 consistent with the most recent National Security

16 Strategy prescribed by the President pursuant to

17 section 108 of the National Security Act of 1947

18 (50 U.S.C. 404a) and the most recent Quadrennial

19 Defense Review prescribed by the Secretary of De20 fense pursuant to section 118 of this title.

21 ‘‘(B) A description of the strategic environment

22 and the opportunities and challenges that affect

23 United States national interests and United States

24 national security.
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1 ‘‘(C) A description of the regional threats to

2 United States national interests and United States

3 national security.

4 ‘‘(D) A description of the international threats

5 posed by terrorism, weapons of mass destruction,

6 and asymmetric challenges to United States national

7 security.

8 ‘‘(E) Identification of United States national

9 military objectives and the relationship of those ob10 jectives to the strategic environment, regional, and

11 international threats.

12 ‘‘(F) Identification of the strategy, underlying

13 concepts, and component elements that contribute to

14 the achievement of United States national military

15 objectives.

16 ‘‘(G) Assessment of the capabilities and ade17 quacy of United States forces (including both active

18 and reserve components) to successfully execute the

19 national military strategy.

20 ‘‘(H) Assessment of the capabilities, adequacy,

21 and interoperability of regional allies of the United

22 States and or other friendly nations to support

23 United States forces in combat operations and other

24 operations for extended periods of time.
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1 ‘‘(I) Assessment of the resources, basing re2 quirements, and support structure needed to provide

3 the capabilities necessary to be assured United

4 States forces can successfully achieve national mili5 tary objectives and to assess what resources and

6 support might be required to sustain allies or friend7 ly nation forces during combat operations.

8 ‘‘(3)(A) As part of the assessment under this sub9 section, the Chairman, in conjunction with the other mem10 bers of the Joint Chiefs of Staff and the commanders of

11 the unified and specified commands, shall undertake an

12 assessment of the nature and magnitude of the strategic

13 and military risks associated with successfully executing

14 the missions called for under the current National Military

15 Strategy.

16 ‘‘(B) In preparing the assessment of risk, the Chair17 man should assume the existence of those threats de18 scribed in subparagraphs (C) and (D) of paragraph (2)

19 and should assess the risk associated with two regional

20 threats occurring nearly simultaneously.

21 ‘‘(C) In addition to the assumptions to be made under

22 subparagraph (B), the Chairman should make other as23 sumptions pertaining to the readiness of United States

24 forces (in both the active and reserve components), the

25 length of conflict and the level of intensity of combat oper-
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1 ations, and the levels of support from allies and other

2 friendly nations.

3 ‘‘(4) Before submitting a report under this subsection

4 to the Committees on Armed Services of the Senate and

5 House of Representatives, the Chairman shall provide the

6 report to the Secretary of Defense. The Secretary’s assess7 ment and comments thereon (if any) shall be included with

8 the report. If the Chairman’s assessment in such report

9 in any year is that the risk associated with executing the

10 missions called for under the National Military Strategy

11 is significant, the Secretary shall include with the report

12 as submitted to those committees the Secretary’s plan for

13 mitigating the risk.’’.

14 (b) CONFORMING AMENDMENT.—Subsection (b)(1)

15 of such section is amended by striking ‘‘each year’’ and

16 inserting ‘‘of each odd-numbered year’’.

17 SEC. 906. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC

18 CENTER FOR SECURITY STUDIES OF GIFTS

19 AND DONATIONS FROM NONFOREIGN

20 SOURCES.

21 (a) AUTHORITY.—Subsection (a) of section 2611 of

22 title 10, United States Code, is amended—

23 (1) by striking ‘‘FOREIGN’’ in the subsection

24 caption;
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1 (2) by striking ‘‘foreign’’ in paragraph (1) after

2 ‘‘Center,’’; and

3 (3) by adding at the end of paragraph (1) the

4 following sentence: ‘‘Such gifts and donations may

5 be accepted from any agency of the United States,

6 any State or local government, any foreign govern7 ment, any foundation or other charitable organiza8 tion (including any that is organized or operates

9 under the laws of a foreign country), or any other

10 private source in the United States or a foreign

11 country.’’.

12 (b) CONFORMING AMENDMENTS.—Such section is

13 further amended—

14 (1) by striking ‘‘foreign’’ in subsection (c); and

15 (2) in subsection (f)—

16 (A) by striking ‘‘FOREIGN’’ in the sub17 section caption;

18 (B) by striking ‘‘foreign’’ after ‘‘section,

19 a’’; and

20 (C) by striking ‘‘from a foreign’’ and all

21 that follows through ‘‘country.’’ and inserting a

22 period.

23 (c) CLERICAL AMENDMENTS.— The heading of such

24 section, and the item relating to such section in the table

25 of sections at the beginning of chapter 155 of such title,
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1 are each amended by striking the third word after the

2 colon.

3 SEC. 907. REPEAL OF ROTATING CHAIRMANSHIP OF ECO4 NOMIC ADJUSTMENT COMMITTEE.

5 Section 4004(b) of the Defense Economic Adjust6 ment, Diversification, Conversion, and Stabilization Act of

7 1990 (division D of Public Law 101–510; 10 U.S.C. 2391

8 note) is amended—

9 (1) by striking ‘‘Until October 1, 1997, the’’

10 and 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 De20 fense shall provide the Secretary of each military depart21 ment with the authority for the following:

22 (A) To use an automated workforce manage23 ment system for its civilian workforce to assess its

24 potential to substantially reduce hiring cycle times,

25 lower labor costs, increase efficiency, improve per-
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1 formance management, provide better management

2 reporting, and enable it to make operational new

3 personnel management flexibilities granted under the

4 civilian personnel 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

16 agencies outside the Department of Defense.

17 (2) Able to be purchased on an annual sub18 scription basis.

19 (3) Requires no capital investment, software li20 cense fees, transaction charges, or ‘‘per seat’’ or

21 ‘‘concurrent user’’ restrictions.

22 (4) Capable of automating the workforce man23 agement functions of job definition, position man24 agement, recruitment, staffing, and performance

25 management using integrated vendor-supplied and
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1 supported data, expert system rules engines, and

2 software functionality across those functions.

3 (5) Has a ‘‘native web’’ technical architecture

4 and an Oracle database.

5 (6) Fully hosted by the vendor so that the cus6 tomer requires only Internet access and an Internet

7 browser to use the system.

8 (7) Capable of operating completely ‘‘server

9 side’’ so that no software is required on the client

10 system and no invasive elements are used.

11 (c) IMPLEMENTATION PLAN.—(1) The Secretary

12 shall submit to the Committee on Armed Services of the

13 Senate and the Committee on Armed Services of the

14 House of Representatives a plan for the implementation

15 of the pilot program. The plan shall be submitted no later

16 than six months after the date of the enactment of this

17 Act.

18 (2) The plan shall include the following:

19 (A) The Secretary’s request to the Office of

20 Personnel Management to conduct the pilot program

21 as a Federal civilian personnel demonstration project

22 under chapter 47 of title 5, United States Code, or

23 a plan to provide for the pilot program through an24 other plan.

25 (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 recommenda6 tions of the Secretary.

7 (d) IMPLEMENTATION.—The Secretary may not

8 begin to implement the pilot program until a period of 30

9 days has elapsed after the date of the submission of the

10 plan for 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

16 amended by adding at the end the following new sub17 section:

18 ‘‘(g) For purposes of subsections (b), (c), (d), and

19 (e), the terms ‘Pentagon Reservation’ and ‘National Cap20 ital Region’ shall be treated as including the land and

21 physical facilities at the Raven Rock Mountain Complex

22 and such other areas of land, locations, and physical facili23 ties of the Department of Defense within 100 miles of the

24 District of Columbia as the Secretary of Defense deter25 mines are necessary to meet the needs of the Department
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1 of Defense directly relating to continuity of operations and

2 continuity 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

10 number of defense acquisition and support personnel in

11 the Department of Defense may not exceed 75 percent of

12 the baseline number.

13 ‘‘(b) PHASED REDUCTION.—The number of defense

14 acquisition and support personnel in the Department of

15 Defense—

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 acquisi-
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1 tion and support personnel in the Department of Defense

2 as of October 1, 2003.

3 ‘‘(d) DEFENSE ACQUISITION AND SUPPORT PER4 SONNEL DEFINED.—In this section, the term ‘defense ac5 quisition and support personnel’ means military and civil6 ian personnel (other than civilian personnel who are em7 ployed at a maintenance depot) who are assigned to, or

8 employed in, acquisition organizations of the Department

9 of Defense (as specified in Department of Defense In10 struction numbered 5000.58 dated January 14, 1992),

11 and any other organizations which the Secretary may de12 termine to have a predominantly acquisition mission.’’.

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

14 at the beginning of such subchapter is amended by adding

15 at 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

21 not less than—

22 ‘‘(1) 10 active and eight National Guard com23 bat 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 am14 phibious ready groups or their equivalents, not less

15 than 55 attack submarines, not less than 108 active

16 surface combatant vessels, and not less than 8 re17 serve combatant vessels; and

18 ‘‘(3) such other active and reserve naval com19 bat, naval aviation, and service forces as may be re20 quired to support forces specified in paragraphs (1)

21 and (2).’’.

22 (c) AIR FORCE.—Section 8062 of title 10, United

23 States Code, is amended by adding at the end the fol24 lowing 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

4 equivalents;

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.—

17 (1) Upon determination by the Secretary of Defense that

18 such action is necessary in the national interest, the Sec19 retary may transfer amounts of authorizations made avail20 able to the Department of Defense in this division for fis21 cal year 2004 between any such authorizations for that

22 fiscal year (or any subdivisions thereof). Amounts of au23 thorizations so transferred shall be merged with and be

24 available for the same purposes as the authorization to

25 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

3 may not exceed $2,500,000,000.

4 (b) LIMITATIONS.—The authority provided by this

5 section to transfer authorizations—

6 (1) may only be used to provide authority for

7 items that have a higher priority than the items

8 from which authority is transferred; and

9 (2) may not be used to provide authority for an

10 item that has been denied authorization by Con11 gress.

12 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

13 transfer made from one account to another under the au14 thority of this section shall be deemed to increase the

15 amount authorized for the account to which the amount

16 is transferred by an amount equal to the amount trans17 ferred.

18 (d) NOTICE TO CONGRESS.—The Secretary shall

19 promptly notify Congress of each transfer made under

20 subsection (a).

21 SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPRO22 PRIATIONS FOR FISCAL YEAR 2003.

23 (a) DOD AUTHORIZATIONS.—Amounts authorized to

24 be appropriated to the Department of Defense for fiscal

25 year 2003 in the Bob Stump National Defense Authoriza-
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1 tion Act for Fiscal Year 2003 (Public Law 107–314) are

2 hereby adjusted, with respect to any such authorized

3 amount, by the amount by which appropriations pursuant

4 to such authorization are increased (by a supplemental ap5 propriation) or decreased (by a rescission), or both, or are

6 increased by a transfer of funds, pursuant to the following:

7 (1) Chapters 3 and 8 of title I of the Emer8 gency Wartime Supplemental Appropriations Act,

9 2003 (Public Law 108–11).

10 (2) Any Act enacted after May 23, 2003, mak11 ing supplemental appropriations for fiscal year 2003

12 for the military functions of the Department of De13 fense.

14 (b) NNSA AUTHORIZATIONS.—Amounts authorized

15 to be appropriated to the Department of Energy for fiscal

16 year 2003 in the Bob Stump National Defense Authoriza17 tion Act for Fiscal Year 2003 (Public Law 107–314) are

18 hereby adjusted, with respect to any such authorized

19 amount, by the amount by which appropriations pursuant

20 to such authorization are increased (by a supplemental ap21 propriation) or decreased (by a rescission), or both, or are

22 increased by a transfer of funds, pursuant to the following:

23 (1) Chapter 4 of the Emergency Wartime Sup24 plemental Appropriations Act, 2003 (Public Law

25 108–11).
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1 (2) Any Act enacted after May 23, 2003, mak2 ing supplemental appropriations for fiscal year 2003

3 for the atomic energy defense activities of the De4 partment of Energy.

5 SEC. 1003. AUTHORITY TO TRANSFER PROCUREMENT

6 FUNDS FOR A MAJOR DEFENSE ACQUISITION

7 PROGRAM FOR CONTINUED DEVELOPMENT

8 WORK ON THAT PROGRAM.

9 (a) AUTHORITY.—Section 2214 of title 10, United

10 States Code, is amended—

11 (1) by redesignating subsections (b), (c), and

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

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

15 ‘‘(b) TRANSFER OF PROCUREMENT FUNDS FOR DE16 VELOPMENT ACTIVITIES FOR MAJOR DEFENSE ACQUISI17 TION SYSTEMS.—(1) In the case of a major defense acqui18 sition program (as defined in section 2430 of this title)

19 for which funds are currently available both for procure20 ment and for research, development, test, and evaluation,

21 if the Secretary concerned determines that funds are re22 quired for further research, development, test, and evalua23 tion activities for that program in excess of the funds cur24 rently available for that purpose, the Secretary may (sub25 ject to paragraph (2)) transfer funds available for that
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1 program for procurement to funds available for that pro2 gram for research, development, test, and evaluation for

3 the purpose of continuing research, development, test, and

4 evaluation activities for that program.

5 ‘‘(2)(A) The total amount transferred under the au6 thority of paragraph (1) for any acquisition program may

7 not exceed $20,000,000.

8 ‘‘(B) The total amount transferred under the author9 ity of paragraph (1) from amounts made available for any

10 fiscal year may not exceed $250,000,000.

11 ‘‘(3) The authority provided by paragraph (1) is in

12 addition to any other transfer authority that may be pro13 vided by law.

14 ‘‘(4) Upon a determination that all or part of the

15 funds transferred under paragraph (1) are not necessary

16 for the purpose for which the transfer was made, such

17 amounts may be transferred back to a Procurement ap18 propriation for the purpose of procurement of the acquisi19 tion program for which funds were transferred.’’.

20 (b) EFFECTIVE DATE.—The amendments made by

21 subsection (a) shall not apply with respect to funds appro22 priated for a fiscal year before fiscal year 2004.
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1 SEC. 1004. RESTORATION OF AUTHORITY TO ENTER INTO

2 12-MONTH LEASES AT ANY TIME DURING THE

3 FISCAL YEAR.

4 Section 2410a(a) of title 10, United States Code, is

5 amended by inserting after ‘‘severable services’’ the fol6 lowing: ‘‘and the lease of real or personal property, includ7 ing the maintenance of such property when contracted for

8 as part of the lease agreement,’’.

9 SEC. 1005. AUTHORITY FOR RETENTION OF ADDITIONAL

10 AMOUNTS REALIZED FROM ENERGY COST

11 SAVINGS.

12 (a) INCREASE IN AMOUNT OF ENERGY COST SAV13 INGS RETAINED.—Section 2865(b)(1) of title 10, United

14 States Code, is amended by striking ‘‘Two-thirds of the

15 portion of the funds appropriated to Department of De16 fense for a fiscal year that is’’ and inserting ‘‘Funds ap17 propriated to the Department of Defense for a fiscal year

18 that are’’.

19 (b) EFFECTIVE DATE.—The amendment made by

20 subsection (a) shall not apply to funds appropriated for

21 a fiscal year before fiscal year 2004.
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1 SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR

2 BUDGET CYCLE FOR THE DEPARTMENT OF

3 DEFENSE.

4 Section 1405 of the Department of Defense Author5 ization Act, 1986 (Public Law 99–145; 31 U.S.C. 1105

6 note), is repealed.

7 SEC. 1007. AUTHORITY TO PROVIDE REIMBURSEMENT FOR

8 USE OF PERSONAL CELLULAR TELEPHONES

9 WHEN USED FOR OFFICIAL GOVERNMENT

10 BUSINESS.

11 (a) IN GENERAL.—(1) Chapter 134 of title 10,

12 United States Code, is amended by inserting after section

13 2257 the following new section:

14 ‘‘§ 2258. Personal cellular telephones: reimbursement

15 when used for Government business

16 ‘‘(a) GENERAL AUTHORITY.—The Secretary of De17 fense may reimburse members of the Army, Navy, Air

18 Force, and Marine Corp, and civilian officers and employ19 ees of the Department of Defense, for cellular telephone

20 use on a privately owned cellular telephone when used on

21 official Government business. Such reimbursement shall

22 be on a flat-rate basis.

23 ‘‘(b) REIMBURSEMENT RATE.—The Secretary of De24 fense may prescribe the reimbursement rate for purposes

25 of subsection (a). That reimbursement rate may not ex26 ceed the equivalent Government costs of providing a cel-
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1 lular telephone to employees on official Government busi2 ness.’’.

3 (2) The table of sections at the beginning of sub4 chapter II of such chapter is amended by inserting after

5 the item relating to section 2257 the following new item:

‘‘2258. Personal cellular telephones: reimbursement when used for Government

business.’’.

6 (b) EFFECTIVE DATE.—Section 2258 of title 10,

7 United States Code, as added by subsection (a), shall take

8 effect on October 1, 2003, and shall apply with respect

9 to the use of cellular phones on or after that date.

10 Subtitle B—Naval Vessels and

11 Shipyards

12 SEC. 1011. REPEAL OF REQUIREMENT REGARDING PRESER13 VATION OF SURGE CAPABILITY FOR NAVAL

14 SURFACE COMBATANTS.

15 (a) REPEAL.—Section 7296 of title 10, United States

16 Code, is amended by striking subsection (b).

17 (b) CLERICAL AMENDMENTS.—Such section is fur18 ther amended—

19 (1) by striking ‘‘(3) Any notification under

20 paragraph (1)(A)’’ and inserting ‘‘(b) CONTENT OF

21 NOTIFICATION.—Any notification under subsection

22 (a)(1)(A)’’;

23 (2) by redesignating subparagraphs (A), (B),

24 and (C) of subsection (b) (as redesignated by para-
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1 graph (1)) as paragraphs (1), (2), and (3), respec2 tively; and

3 (3) by striking ‘‘subparagraph (B)’’ in sub4 section (b)(3) (as redesignated by paragraphs (1)

5 and (2)) and inserting ‘‘paragraph (2)’’.

6 SEC. 1012. ENHANCEMENT OF AUTHORITY RELATING TO

7 USE FOR EXPERIMENTAL PURPOSES OF VES8 SELS STRICKEN FROM NAVAL VESSEL REG9 ISTER.

10 (a) SALE OF MATERIAL AND EQUIPMENT STRIPPED

11 FROM VESSEL.—Subsection (b)(1) of section 7306a of

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

13 end the following new sentence: ‘‘Material and equipment

14 stripped from the vessel may be sold by a contractor or

15 a designated sales agent on behalf of the Navy.’’.

16 (b) USE OF PROCEEDS.—(1) Subsection (b)(2) of

17 such section is amended by striking ‘‘scrapping services’’

18 and all that follows through the end of such subsection

19 and inserting ‘‘services needed for such stripping and for

20 environmental remediation required for the use of the ves21 sel for experimental purposes. Amounts received in excess

22 of amounts needed for reimbursement of those costs shall

23 be deposited into the account from which the stripping and

24 environmental remediation expenses were incurred and

25 shall be available for stripping and environmental remedi-
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1 ation of other vessels to be used for experimental pur2 poses.’’.

3 (2) The amendment made by paragraph (1) shall not

4 apply with respect to proceeds from the stripping of a ves5 sel under any vessel stripping contract entered into before

6 the date of the enactment of this Act.

7 (c) CLARIFICATION OF COVERED EXPERIMENTAL

8 PURPOSES.—Such section is further amended by adding

9 at the end the following new subsection:

10 ‘‘(c) USE FOR EXPERIMENTAL PURPOSES DE11 FINED.—In this section, the term ‘use for experimental

12 purposes’ includes use of a vessel in a Navy sink exercise

13 or for target purposes.’’.

14 SEC. 1013. AUTHORIZATION FOR TRANSFER OF VESSELS

15 STRICKEN FROM NAVAL VESSEL REGISTER

16 FOR USE AS ARTIFICIAL REEFS.

17 (a) AUTHORITY.—Chapter 633 of title 10, United

18 States Code, is amended by inserting after section 7306a

19 the following new section:

20 ‘‘§ 7306b. Vessels stricken from Naval Vessel Register:

21 transfer by gift or otherwise for use as

22 artificial reefs

23 ‘‘(a) AUTHORITY TO MAKE TRANSFER.—The Sec24 retary of the Navy may transfer, by gift or otherwise, any

25 vessel stricken from the Naval Vessel Register to any
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1 State, Commonwealth, or possession of the United States

2 or any municipal corporation or political subdivision there3 of for use as an artificial reef as provided in subsection

4 (b).

5 ‘‘(b) VESSEL TO BE USED AS ARTIFICIAL REEF.—

6 An agreement for the transfer of a vessel under subsection

7 (a) shall require that—

8 ‘‘(1) the transferee use, site, construct, monitor,

9 and manage the vessel only as an artificial reef in

10 accordance with the requirements of the National

11 Fishing Enhancement Act of 1984 (33 U.S.C. 2101

12 et seq.), except that the transferee also may use the

13 artificial reef to enhance diving opportunities if that

14 use does not have an adverse effect on fishery re15 sources; and

16 ‘‘(2) the transferee shall obtain, and bear all of

17 the responsibility for complying with, all applicable

18 Federal, State, interstate, and local permits for

19 siting, constructing, monitoring, and managing a

20 vessel as an artificial reef.

21 ‘‘(c) ADDITIONAL TERMS.—The Secretary may re22 quire such additional terms in connection with a convey23 ance authorized by this section as the Secretary considers

24 appropriate.
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1 ‘‘(d) COST SHARING ON TRANSFERS.—The Secretary

2 of the Navy may share with the recipient any of the costs

3 associated with transferring a vessel under this section.

4 ‘‘(e) APPLICATION FOR MORE THAN ONE VESSEL.—

5 A State, Commonwealth, or possession of the United

6 States, or any municipal corporation or political subdivi7 sion thereof, may apply for more than one vessel under

8 this section.

9 ‘‘(f) DEFINITION.—In this section, the term ‘fishery

10 resources’ has the meaning given such term in section

11 3(14) of the Magnuson-Stevens Fishery Conservation and

12 Management Act of 1976 (16 U.S.C. 1802(14)).’’.

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

14 at the beginning of such chapter is amended by inserting

15 after the item relating to section 7306a the following new

16 item:

‘‘7306b. Vessels stricken from Naval Vessel Register: transfer by gift or otherwise for use as artificial reefs.’’.

17 SEC. 1014. PILOT PROGRAM FOR SEALIFT SHIP CONSTRUC18 TION.

19 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Sec20 retary of the Navy may establish a pilot program, under

21 which the Secretary of the Navy, subject to the availability

22 of appropriations, may guarantee loans for—

23 (1) the construction in a United States ship24 yard of two qualified sealift ships that are to be doc-
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1 umented under the laws of the United States for use

2 in United States-flag commercial service; and

3 (2) the acquisition of facilities or equipment

4 pertaining to the marine operations of those ships,

5 which may include specialized loading equipment.

6 (b) CONDITIONS OF GUARANTEE.—A guarantee

7 under this section is subject to the following conditions:

8 (1) MSP.—The owner of the ships for which

9 guarantees are issued shall apply for an operating

10 agreement with the Secretary of Transportation

11 under subtitle B of title XXXV.

12 (2) NDF; CHARTER.—If the Secretary of the

13 Navy requests, the owner of the ships shall engage

14 in negotiations on reasonable terms and conditions

15 for—

16 (A) installation and maintenance of de17 fense features for national defense purposes on

18 one or both ships under section 2218 of title

19 10, United States Code; and

20 (B) a short-term charter to the United

21 States Government of at least one ship for

22 which a guarantee is issued, for a period of at

23 least 60 days prior to entry into commercial

24 service, for the purpose of demonstrating the

25 military capabilities of the ships.
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1 (c) PAYMENT OF COST.—The cost of a guarantee

2 under this section shall be paid for with amounts made

3 available in appropriations Acts.

4 (d) PERCENTAGE LIMITATION; TERM.—A guarantee

5 under this section may apply—

6 (1) to up to 87.5 percent of the loan principal;

7 and

8 (2) for a term ending up to 25 years after deliv9 ery of the second ship.

10 (e) AUTHORITIES, PROCEDURES, REQUIREMENTS,

11 AND RESTRICTIONS.—The Secretary of the Navy, subject

12 to the other provisions of this section—

13 (1) in implementing this section, may exercise

14 authorities that are substantially the same as the

15 authorities available to the Secretary of Transpor16 tation under title XI of the Merchant Marine Act,

17 1936 (46 App. U.S.C. 1271 et seq.) with respect to

18 loan guarantees under that title;

19 (2) shall implement this section under proce20 dures, requirements, and restrictions that are sub21 stantially the same as those under which loan guar22 antees are made under that title, including the regu23 lations implementing that title; and

24 (3) may establish such additional requirements

25 for loan guarantees under this section as the Sec-
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1 retary determines to be necessary to minimize the

2 cost of such guarantees.

3 (f) INTERAGENCY AGREEMENT.—The Secretary of

4 Transportation shall enter into an interagency agreement

5 or other appropriate arrangement with the Secretary of

6 the Navy to make available to the Department of the Navy

7 such Maritime Administration personnel with expertise in

8 vessel construction financing as are necessary to carry out

9 the program under this section.

10 (g) DEFINITIONS.—In this section:

11 (1) COST.—The term ‘‘cost’’, with respect to a

12 loan guarantee under this section, has the meaning

13 given that term in section 502 of the Congressional

14 Budget and Impoundment Control Act of 1974 (2

15 U.S.C. 661a).

16 (2) QUALIFIED SEALIFT SHIP.—The term

17 ‘‘qualified sealift ship’’ means a roll-on, roll-off ves18 sel that is—

19 (A) militarily useful for additional

20 medium- to long-haul strategic sealift capacity;

21 (B) designed to carry at least 10,000 tons

22 of cargo; and

23 (C) capable of operating commercially in

24 the foreign commerce of the United States.
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1 (h) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Secretary of the

3 Navy to carry out this section $40,000,000.

4 Subtitle C—Reports

5 SEC. 1021. REPEAL AND MODIFICATION OF VARIOUS RE6 PORTING REQUIREMENTS APPLICABLE TO

7 THE DEPARTMENT OF DEFENSE.

8 (a) TITLE 10, UNITED STATES CODE.—Title 10,

9 United States Code, is amended as follows:

10 (1) Section 113 is amended by striking sub11 section (m).

12 (2) Section 117(e) is amended by striking ‘‘each

13 month’’ and all that follows through ‘‘subsection

14 (d)’’ and inserting ‘‘each quarter submit to the con15 gressional defense committees a report in writing

16 containing the results of the most recent joint readi17 ness review under subsection (d)(1)(A)’’.

18 (3) Section 127(d) is amended to read as fol19 lows:

20 ‘‘(d) ANNUAL REPORT.—Not later than December 1

21 each year, the Secretary of Defense shall submit to the

22 congressional defense committees a report on expenditures

23 during the preceding fiscal year under subsections (a) and

24 (b).’’.

25 (4) Section 127a is amended—
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1 (A) in subsection (a)—

2 (i) by striking paragraph (3); and

3 (ii) by redesignating paragraph (4) as

4 paragraph (3); and

5 (B) by striking subsection (d).

6 (5) Section 128 is amended by striking sub7 section (d).

8 (6) Section 184 is amended by striking sub9 section (b).

10 (7) Section 226(a) is amended—

11 (A) by striking ‘‘December 15’’ and insert12 ing ‘‘January 15’’; and

13 (B) by striking ‘‘in the following year’’ in

14 paragraph (1) and inserting ‘‘in that year’’.

15 (8)(A) Section 228 is amended—

16 (i) in subsection (a)—

17 (I) by striking ‘‘MONTHLY’’ in the

18 subsection heading and inserting ‘‘QUAR19 TERLY’’;

20 (II) by striking ‘‘monthly’’ and insert21 ing ‘‘quarterly’’; and

22 (III) by striking ‘‘month’’ and insert23 ing ‘‘fiscal-year quarter’’; and

24 (ii) in subsection (c), by striking ‘‘month’’

25 each place it appears and inserting ‘‘quarter’’.
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1 (B)(i) The heading of such section is amended

2 to read as follows:

3 ‘‘§ 228. Quarterly reports on allocation of funds with4 in operation and maintenance budget

5 subactivities’’.

6 (ii) The item relating to section 228 in the table

7 of sections at the beginning of chapter 9 is amended

8 to read as follows:

‘‘228. Quarterly reports on allocation of funds within operation and maintenance

budget subactivities.’’.

9 (9)(A) Section 484 is repealed.

10 (B) The table of sections at the beginning of

11 such chapter is amended by striking the item relat12 ing to section 484.

13 (10)(A) Section 520c is amended—

14 (i) by striking subsection (b);

15 (ii) by striking ‘‘(a) PROVISION OF MEALS

16 AND REFRESHMENTS.—’’; and

17 (iii) by striking the heading for such sec18 tion and inserting the following:

19 ‘‘§ 520c. Recruiting functions: provision of meals and

20 refreshments’’.

21 (B) The item relating to such section in the

22 table of sections at the beginning of chapter 31 is

23 amended to read as follows:

‘‘520c. Recruiting functions: provision of meals and refreshments.’’.
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1 (11) Section 983(e)(1) is amended by striking

2 ‘‘and to Congress’’.

3 (12) Section 1060 is amended by striking sub4 section (d).

5 (13) Section 1130 is amended—

6 (A) in subsection (a), by striking ‘‘the

7 other determinations necessary to comply with

8 subsection (b)’’ and inserting ‘‘respond with a

9 detailed description of the rationale supporting

10 the determination’’; and

11 (B) by striking subsection (b).

12 (14) Section 1557 is amended by striking sub13 section (e).

14 (15) Section 1563 is amended—

15 (A) in subsection (a), by striking ‘‘the

16 other determinations necessary to comply with

17 subsection (b)’’ and inserting ‘‘respond with a

18 detailed description of the rationale supporting

19 the determination’’; and

20 (B) by striking subsection (b).

21 (16) Section 2010 is amended by striking sub22 section (b).

23 (17) Section 2166 is amended—
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1 (A) in subsection (e)(5), by inserting ‘‘and

2 to Congress’’ after ‘‘to the Secretary of De3 fense’’; and

4 (B) by striking subsection (i).

5 (18) Section 2208(j)(2) is amended by striking

6 ‘‘and notifies Congress regarding the reasons for the

7 waiver’’.

8 (19) Section 2216(i) is amended—

9 (A) by striking ‘‘QUARTERLY REPORTS.—

10 (1) Not later than 15 days after the end of

11 each calendar quarter’’ and inserting ‘‘ANNUAL

12 REPORT.—(1) Not later than 60 days after the

13 end of each fiscal year’’; and

14 (B) by striking ‘‘quarter’’ in subpara15 graphs (A), (B), and (C) of paragraph (1) and

16 inserting ‘‘fiscal year’’.

17 (20) Section 2224(e) is amended by inserting

18 ‘‘through 2007’’ after ‘‘Each year’’.

19 (21) Section 2255(b)—

20 (A) by striking paragraph (2); and

21 (B) by striking ‘‘(1)’’ after ‘‘(b) EXCEP22 TION.—’’.

23 (22) Section 2281 is amended by striking sub24 section (d).

25 (23)(A) Section 2282 is repealed.
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1 (B) The table of sections at the beginning of

2 chapter 136 is amended by striking the item relating

3 to section 2282.

4 (24) Section 2323 is amended—

5 (A) in subsection (d)—

6 (i) by striking ‘‘Defense—’’ and all

7 that follows through ‘‘the extent’’ and in8 serting ‘‘Defense to the extent’’;

9 (ii) by striking ‘‘; and’’ and inserting

10 a period; and

11 (iii) by striking paragraph (2); and

12 (B) by striking subsection (i).

13 (25) Section 2327(c)(1) is amended—

14 (A) in subparagraph (A), by striking

15 ‘‘after the date on which such head of an agen16 cy submits to Congress a report on the con17 tract’’ and inserting ‘‘if in the best interests of

18 the Government’’;

19 (B) in subparagraph (B), by striking ‘‘A

20 report under subparagraph (A)’’ and inserting

21 ‘‘The Secretary shall maintain records of each

22 contract entered into by reason of subpara23 graph (A). Such records’’; and

24 (C) by striking subparagraph (C).
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1 (26) Section 2350j is amended by striking sub2 sections (e) and (g).

3 (27) Section 2367 is amended by striking sub4 section (d).

5 (28) Section 2371 is amended by striking sub6 section (h).

7 (29) Section 2374a is amended by striking sub8 section (e).

9 (30) Section 2410m(c) is amended—

10 (A) by striking ‘‘REPORTING REQUIRE11 MENT.—Each year’’ and inserting ‘‘ANNUAL

12 REPORT.—Not later than 60 days after the end

13 of each fiscal year’’;

14 (B) by inserting ‘‘at the end of such fiscal

15 year’’ in paragraph (1) before the period;

16 (C) by striking ‘‘during the year preceding

17 the year in which the report is submitted’’ in

18 paragraph (2) and inserting ‘‘under this section

19 during that fiscal year’’;

20 (D) by striking ‘‘in such preceding year’’

21 in paragraph (3) and inserting ‘‘under this sec22 tion during that fiscal year’’; and

23 (E) by striking ‘‘in such preceding year’’ in

24 paragraph (4) and inserting ‘‘under this section

25 during that fiscal year’’.
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1 (31) Section 2433 is amended—

2 (A) in subsection (d)—

3 (i) in paragraphs (1) and (2), by

4 striking ‘‘, or by at least 25 percent,’’; and

5 (ii) in paragraph (3)—

6 (I) by striking ‘‘or by at least 25

7 percent,’’ both places it appears; and

8 (II) by inserting a comma after

9 ‘‘paragraph (1)’’; and

10 (B) in subsection (e)—

11 (i) by striking paragraph (2);

12 (ii) by redesignating paragraph (3) as

13 paragraph (2);

14 (iii) in paragraph (2), as so redesig15 nated, by striking ‘‘or if a’’ in the first

16 sentence and all that follows through

17 ‘‘paragraph (2),’’; and

18 (iv) by designating the second sen19 tence of such paragraph as paragraph (3)

20 and in that paragraph—

21 (I) by inserting ‘‘under para22 graph (2)’’ after ‘‘The prohibition’’;

23 and

24 (II) by striking ‘‘the date—’’ and

25 all that follows through ‘‘subsection
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1 (d).’’ and inserting ‘‘the date on which

2 Congress receives the Selected Acqui3 sition Report under paragraph (1)

4 with respect to that program.’’.

5 (32) Section 2457 is amended by striking sub6 section (d).

7 (33) Section 2493 is amended by striking sub8 section (g).

9 (34) Section 2515 is amended by striking sub10 section (d).

11 (35) Section 2521 is amended by striking sub12 section (e).

13 (36) Section 2536 is amended—

14 (A) in subsection (b)(2)—

15 (i) by striking ‘‘notify Congress’’ in

16 the first sentence and inserting ‘‘maintain

17 a record’’; and

18 (ii) by striking the second sentence

19 and inserting the following: ‘‘The records

20 maintained under the preceding sentence

21 with respect to a waiver shall include a jus22 tification in suport of the decision to grant

23 the waiver and shall be retrievable for any

24 particular waiver or for waivers during any

25 period of time.’’; and
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1 (B) by adding at the end the following new

2 subsection:

3 ‘‘(d) The Secretary of Defense shall maintain an ac4 count of actions relating to the award of contracts to a

5 prime contractor. The Secretary of Defense shall include

6 in such accounts the reasons for exercising the awards and

7 the work expected to be performed.’’.

8 (37) Section 2541d is amended—

9 (A) by striking subsection (b); and

10 (B) in subsection (a), by striking ‘‘(a)’’

11 and all that follows through ‘‘The Secretary of

12 Defense’’ and inserting ‘‘The Secretary of De13 fense’’.

14 (38) Section 2561 is amended by striking sub15 sections (c), (d) and (f).

16 (39) Section 2563(c)(2) is amended by striking

17 ‘‘and notifies Congress regarding the reasons for the

18 waiver’’.

19 (40) Section 2645 is amended by striking sub20 sections (d) and (g).

21 (41) Section 2667a(c)(2) is amended by strik22 ing ‘‘45 days’’ and inserting ‘‘14 days’’.

23 (42) Section 2676(d) is amended by striking

24 ‘‘21 days’’ and inserting ‘‘14 days’’.
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1 (43) Section 2680 is amended by striking sub2 section (e).

3 (44) Section 2696 is amended by striking sub4 sections (c) and (d).

5 (45) Section 2703(c)(2) is amended—

6 (A) by striking subparagraph (B);

7 (B) by striking ‘‘unless the Secretary—’’

8 and all that follows through ‘‘determines that’’

9 and inserting ‘‘unless the Secretary determines

10 that’’; and

11 (C) by redesignating clauses (i), (ii), and

12 (iii) as subparagraphs (A), (B), and (C), re13 spectively, and realigning such subparagraphs

14 (as so redesignated) two ems from the left mar15 gin.

16 (46)(A) Section 2723 is repealed.

17 (B) The table of sections at the beginning of

18 chapter 161 is amended by striking the item relating

19 to section 2723.

20 (47) Section 2803(b) is amended by striking

21 ‘‘21–day period’’ and inserting ‘‘seven-day period’’.

22 (48) Section 2804(b) is amended by striking

23 ‘‘21–day period’’ and inserting ‘‘14–day period’’.

24 (49) Section 2805(b) is amended—
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1 (A) in paragraph (1), by striking

2 ‘‘$750,000’’ and inserting ‘‘$1,000,000’’; and

3 (B) in paragraph (2), by striking ‘‘21–day

4 period’’ and inserting ‘‘seven-day period’’’.

5 (50) Section 2807 is amended—

6 (A) in subsection (b)—

7 (i) by striking ‘‘$500,000’’ and insert8 ing ‘‘$1,000,000’’; and

9 (ii) by striking ‘‘not less than 21

10 days’’; and

11 (B) in subsection (c)(2), by striking ‘‘21

12 days’’ and inserting ‘‘14 days’’.

13 (51) Section 2809(f)(2) is amended by striking

14 ‘‘21 calendar days’’ and inserting ‘‘14 days’’.

15 (52) Section 2812(c)(1)(B) is amended by

16 striking ‘‘21 days’’ and inserting ‘‘14 days’’.

17 (53) Section 2813(c) is amended by striking

18 ‘‘30–day period’’ and inserting ‘‘21–day period’’.

19 (54) Section 2825 is amended—

20 (A) by striking ‘‘21 days’’ in the last sen21 tence of subsection (b)(1)(B) and inserting ‘‘14

22 days’’; and

23 (B) by striking ‘‘21 days’’ in subsection

24 (c)(1)(D) and inserting ‘‘14 days’’.

25 (55) Section 2826 is amended—
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1 (A) by striking ‘‘(a) LOCAL COM2 PARABILITY.—’’; and

3 (B) by striking subsection (b).

4 (56) Section 2827(b)(2) is amended by striking

5 ‘‘21 days’’ and inserting ‘‘14 days’’.

6 (57) Section 2836(f)(2) is amended by striking

7 ‘‘21 calendar days’’ and inserting ‘‘14 days’’.

8 (58) Section 2837(c)(2) is amended by striking

9 ‘‘21–day period’’ and inserting ‘‘14–day period’’.

10 (59) Section 2854(b) is amended by striking

11 ‘‘21–day period’’ and inserting ‘‘seven-day period’’.

12 (60) Section 2854a(c)(2) is amended by strik13 ing ‘‘21 calendar days’’ and inserting ‘‘14 days’’.

14 (61) Section 2865 is amended—

15 (A) in subsection (e)—

16 (i) by striking ‘‘(1)’’ before ‘‘The Sec17 retary’’; and

18 (ii) by striking paragraph (2); and

19 (B) by striking subsection (f).

20 (62) Section 2866(c) is amended—

21 (A) by striking ‘‘(1)’’ before ‘‘The Sec22 retary’’; and

23 (B) by striking paragraph (2).

24 (63) Section 2867(c) is amended by striking

25 ‘‘21–day period’’ and inserting ‘‘14–day period’’.
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1 (64) Section 2875(e) is amended by striking

2 ‘‘30–day period’’ and inserting ‘‘14–day period’’.

3 (65) Section 2883(f) is amended by striking

4 ‘‘30–day period’’ and inserting ‘‘14–day period’’.

5 (66) Section 2902(g) is amended—

6 (A) by striking paragraph (2); and

7 (B) by striking ‘‘(1)’’ after ‘‘(g)’’.

8 (67) Section 4342(h) is amended by striking

9 ‘‘Secretary of the Army’’ and inserting ‘‘Super10 intendent’’.

11 (68) Section 4357(c) is amended is amended by

12 striking ‘‘the expiration of 30 days following’’.

13 (69) Section 6954(f) is amended by striking

14 ‘‘Secretary of the Navy’’ and inserting ‘‘Super15 intendent of the Naval Academy’’.

16 (70) Section 6975(c) is amended is amended by

17 striking ‘‘the expiration of 30 days following’’.

18 (71) Section 7049(c) is amended—

19 (A) by striking ‘‘CERTIFICATION’’ in the

20 subsection heading and inserting ‘‘DETERMINA21 TION’’; and

22 (B) by striking ‘‘, and certifies to’’ and all

23 that follows through ‘‘House of Representa24 tives,’’.
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1 (72) Section 9342(h) is amended by striking

2 ‘‘Secretary of the Air Force’’ and inserting ‘‘Super3 intendent’’.

4 (73) Section 9356(c) is amended is amended by

5 striking ‘‘the expiration of 30 days following’’.

6 (74) Section 12302—

7 (A) in subsection (b), by striking the last

8 sentence; and

9 (B) by striking subsection (d).

10 (75)(A) Section 16137 is repealed.

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

12 chapter 1606 is amended by striking the item relat13 ing to section 16137.

14 (b) NATIONAL DEFENSE AUTHORIZATION ACT FOR

15 FISCAL YEAR 1991.—Part B of title XXIX of the Na16 tional Defense Authorization Act for Fiscal Year 1991

17 (Public Law 101–510; 10 U.S.C. 2687 note) is amended

18 as follows:

19 (1) Section 2921 is amended—

20 (A) in subsection (f)(1), by striking ‘‘30

21 days’’ and inserting ‘‘14 days’’; and

22 (B) in subsection (g), by striking ‘‘30

23 days’’ in paragraphs (1) and (2) and inserting

24 ‘‘14 days’’.
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1 (2) Section 2926 is amended by striking sub2 section (g).

3 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR

4 FISCAL YEARS 1992 AND 1993.—The National Defense

5 Authorization Act for Fiscal Years 1992 and 1993 (Public

6 Law 102–190) is amended as follows:

7 (1) Section 734 (10 U.S.C. 1074 note) is

8 amended by striking subsection (c).

9 (2) Section 2868(a) (10 U.S.C. 2802 note) is

10 amended by striking ‘‘The Secretary of Defense’’

11 and all that follows through ‘‘is to be authorized’’

12 and inserting ‘‘Not later than 30 days after the date

13 on which a decision is made selecting the site or

14 sites for the permanent basing of a new weapon sys15 tem, the Secretary of Defense shall submit to Con16 gress’’.

17 (d) NATIONAL DEFENSE AUTHORIZATION ACT FOR

18 FISCAL YEAR 1993.—The National Defense Authoriza19 tion Act for Fiscal Year 1993 (Public Law 102–484) is

20 amended as follows:

21 (1) Section 324 (10 U.S.C. 2701 note) is

22 amended—

23 (A) by striking ‘‘(a) SENSE OF CON24 GRESS.—’’; and

25 (B) by striking subsection (b).
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1 (2) Section 1082(b)(1) (10 U.S.C. 113 note) is

2 amended by striking ‘‘the Secretary of Defense—’’

3 and all that follows and inserting ‘‘the Secretary of

4 Defense determines that it is in the national security

5 interests of the United States for the military de6 partments to do so.’’.

7 (e) NATIONAL DEFENSE AUTHORIZATION ACT FOR

8 FISCAL YEAR 1995.—Section 721 of the National Defense

9 Authorization Act for Fiscal Year 1995 (Public Law 103–

10 337; 10 U.S.C. 1074 note) is amended by striking sub11 section (h).

12 (f) NATIONAL DEFENSE AUTHORIZATION ACT FOR

13 FISCAL YEAR 1997.—The National Defense Authoriza14 tion Act for Fiscal Year 1997 (Public Law 104–201) is

15 amended as follows:

16 (1) Section 324 (10 U.S.C. 2706 note) is

17 amended by striking subsection (c).

18 (2) Section 1065(b) (10 U.S.C. 113 note) is

19 amended—

20 (A) by striking ‘‘(1)’’ before ‘‘Notwith21 standing’’; and

22 (B) by striking paragraph (2).

23 (g) DEPARTMENT OF DEFENSE APPROPRIATIONS

24 ACT, 1997.—Section 8009 of the Department of Defense

25 Appropriations Act, 1997 (as contained in section 101(b)
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1 of Public Law 104–208; 110 Stat. 3009-89), is amended

2 by striking ‘‘, unless the congressional defense committees

3 have been notified at least thirty days in advance of the

4 proposed contract award’’.

5 (h) NATIONAL DEFENSE AUTHORIZATION ACT FOR

6 FISCAL YEAR 1998.— Section 349 of the National De7 fense Authorization Act for Fiscal Year 1998 (Public Law

8 105–85; 10 U.S.C. 2702 note) is amended by striking sub9 section (e).

10 (i) STROM THURMOND NATIONAL DEFENSE AU11 THORIZATION ACT FOR FISCAL YEAR 1999.—The Strom

12 Thurmond National Defense Authorization Act for Fiscal

13 Year 1999 (Public Law 105–261) is amended as follows:

14 (1) Section 745(e) (10 U.S.C. 1071 note) is

15 amended—

16 (A) by striking ‘‘(1)’’ before ‘‘The Sec17 retary of Defense’’; and

18 (B) by striking paragraph (2).

19 (2) Section 1223 (22 U.S.C. 1928 note) is re20 pealed.

21 (j) NATIONAL DEFENSE AUTHORIZATION ACT FOR

22 FISCAL YEAR 2000.—The National Defense Authoriza23 tion Act for Fiscal Year 2000 (Public Law 106–65) is

24 amended as follows:
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1 (1) Section 212 (10 U.S.C. 2501 note) is

2 amended by striking subsection (c).

3 (2) Section 724 (10 U.S.C. 1092 note) is

4 amended by striking subsection (e).

5 (4) Section 1039 (10 U.S.C. 113 note) is

6 amended by striking subsection (b).

7 (k) MILITARY CONSTRUCTION APPROPRIATIONS ACT,

8 2001.—Section 125 of the Military Construction Appro9 priations Act, 2001 (division A of Public Law 106–246;

10 114 Stat. 517), is repealed.

11 (l) DEPARTMENT OF DEFENSE APPROPRIATIONS

12 ACT, 2001.—Section 8019 of the Department of Defense

13 Appropriations Act, 2001 (Public Law 106–259; 114 Stat.

14 678; 10 U.S.C. 2687 note), is amended by striking ‘‘of

15 Congress:’’ and all that follows through ‘‘this provision’’

16 and inserting ‘‘of Congress’’.

17 (m) FLOYD D. SPENCE NATIONAL DEFENSE AU18 THORIZATION ACT FOR FISCAL YEAR 2001.—Section

19 1006 of the Floyd D. Spence National Defense Authoriza20 tion Act for Fiscal Year 2001 (as enacted into law by Pub21 lic Law 106–398; 114 Stat. 1654A–247; 10 U.S.C. 2226

22 note), is amended by striking subsection (c).

23 (n) DEPARTMENT OF DEFENSE APPROPRIATIONS

24 ACT, 2002.—Section 8009 of the Department of Defense

25 Appropriations Act, 2002 (division A of Public Law 107–
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1 117; 115 Stat. 2249; 10 U.S.C. 401 note), is amended

2 by striking ‘‘, and these obligations shall be reported to

3 the Congress’’.

4 SEC. 1022. REPORT ON OPERATION IRAQI FREEDOM.

5 (a) REPORT REQUIRED.—Not later than June 15,

6 2004, the Secretary of Defense shall submit to the Com7 mittee on Armed Services of the Senate and the Com8 mittee on Armed Services of the House of Representatives

9 a report on Operation Iraqi Freedom. The Secretary shall

10 submit to those committees a preliminary report on the

11 conduct of those hostilities not later than January 15,

12 2004.

13 (b) DISCUSSION OF ACCOMPLISHMENTS AND SHORT14 COMINGS.—The report (and the preliminary report, to the

15 extent feasible) shall contain a discussion, with a par16 ticular emphasis on accomplishments and shortcomings, of

17 the following matters:

18 (1) The military objectives of the multinational

19 coalition.

20 (2) The military strategy of the multinational

21 coalition to achieve those military objectives and how

22 the military strategy contributed to the achievement

23 of those objectives.

24 (3) The deployment of United States forces and

25 the transportation of supplies to the theater of oper-
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1 ations, including an assessment of airlift, sealift,

2 afloat prepositioning ships, and Maritime

3 Prepositioning Squadron ships.

4 (4) The conduct of military operations.

5 (5) The use of special operations forces, includ6 ing operational and intelligence uses classified under

7 special access procedures.

8 (6) The use and performance of United States

9 military equipment, weapon systems, and munitions

10 (including items classified under special access pro11 cedures) and an analysis of—

12 (A) any equipment or capabilities that

13 were in research and development and if avail14 able could have been used in the theater of op15 erations; and

16 (B) any equipment or capabilities that

17 were available and could have been used but

18 were not introduced into the theater of oper19 ations.

20 (7) The scope of logistics support, including

21 support from other nations.

22 (8) The acquisition policies and processes used

23 to support the forces in the theater of operations.

24 (9) The personnel management actions taken to

25 support the forces in the theater of operations.
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1 (10) The effectiveness of reserve component

2 forces, including a discussion of each of the following

3 matters:

4 (A) The readiness and activation of such

5 forces.

6 (B) The decisionmaking process regarding

7 both activation of reserve component forces and

8 deployment of those forces to the theater of op9 erations.

10 (C) The post-activation training received

11 by such forces.

12 (D) The integration of forces and equip13 ment of reserve component forces into the ac14 tive component forces.

15 (E) The use and performance of the re16 serve component forces in operations in the the17 ater of operations.

18 (F) The use and performance of such

19 forces at duty stations outside the theater of

20 operations.

21 (11) The role of the law of armed conflict in

22 the planning and execution of military operations by

23 United States forces and the other coalition forces

24 and the effects on operations of Iraqi compliance or

25 noncompliance with the law of armed conflict, in-
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1 cluding a discussion regarding each of the following

2 matters:

3 (A) Use of Iraqi civilians as human

4 shields.

5 (B) Collateral damage and civilian casual6 ties.

7 (C) Treatment of prisoners of war.

8 (D) Repatriation of prisoners of war.

9 (E) Use of ruses and acts of perfidy.

10 (F) War crimes.

11 (G) Environmental terrorism.

12 (H) Conduct of neutral nations.

13 (12) The actions taken by the coalition forces

14 in anticipation of, and in response to, Iraqi acts of

15 environmental terrorism.

16 (13) The actions taken by the coalition forces

17 in anticipation of possible Iraqi use of weapons of

18 mass destruction.

19 (14) Evidence of Iraqi weapons of mass de20 struction programs and Iraqi preparations for the

21 use of such weapons.

22 (15) The contributions of United States and co23 alition intelligence and counterintelligence systems

24 and personnel, including contributions regarding

25 bomb damage assessments and particularly including
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1 United States tactical intelligence and related activi2 ties (TIARA) programs and the Joint Military Intel3 ligence Program (JMIP).

4 (16) Command, control, communications, and

5 operational security of the coalition forces as a

6 whole, and command, control, communications, and

7 operational security of the United States forces.

8 (17) The rules of engagement for the coalition

9 forces.

10 (18) The actions taken to reduce the casualties

11 among coalition forces caused by the fire of such

12 forces.

13 (19) The role of supporting combatant com14 mands and Defense Agencies of the Department of

15 Defense.

16 (20) The policies and procedures relating to the

17 media, including the use of embedded media.

18 (21) The assignment of roles and missions to

19 the United States forces and other coalition forces

20 and the performance of those forces in carrying out

21 their assigned roles and missions.

22 (22) The preparedness, including doctrine and

23 training, of the United States forces.

24 (23) The acquisition of foreign military tech25 nology from Iraq, and any compromise of military
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1 technology of the United States or other countries in

2 the multinational coalition.

3 (24) The problems posed by Iraqi possession

4 and use of equipment produced in the United States

5 and other coalition nations.

6 (25) The use of deception by Iraqi forces and

7 by coalition forces.

8 (26) The military criteria used to determine

9 when to progress from one phase of military oper10 ations to another phase of military operations.

11 (27) The role, if any, of the Status of Re12 sources and Training System (SORTS) in deter13 mining which units would be employed during the

14 operation.

15 (28) The role of the Coast Guard.

16 (29) The direct and indirect cost of military op17 erations, including an assessment of the total incre18 mental expenditures made by the Department of De19 fense as a result of Operation Iraqi Freedom.

20 (c) CASUALTY STATISTICS.—The report (and the pre21 liminary report, to the extent feasible) shall also contain—

22 (1) the number of military and civilian casual23 ties sustained by coalition nations; and
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1 (2) estimates of such casualties sustained by

2 Iraq and by nations not directly participating in hos3 tilities during Operation Iraqi Freedom.

4 (d) CLASSIFICATION OF REPORTS.—The Secretary of

5 Defense shall submit both the report and the preliminary

6 report in a classified form and an unclassified form.

7 SEC. 1023. REPORT ON DEPARTMENT OF DEFENSE POST8 CONFLICT ACTIVITIES IN IRAQ.

9 (a) REPORT REQUIRED.—Not later than 90 days

10 after the date of the enactment of this Act, the Secretary

11 of Defense shall submit to Congress a report on the activi12 ties of the Department of Defense in post-conflict Iraq.

13 (b) REPORT ELEMENTS.—The report shall discuss

14 the range of infrastructure reconstruction, civil adminis15 tration, humanitarian assistance, interim governance, and

16 political development activities undertaken in Iraq by offi17 cials of the Department and by those civilians reporting

18 to the Secretary of Defense and the missions undertaken

19 in Iraq by United States military forces during the post20 conflict period. In particular, the report shall include a

21 discussion of the following:

22 (1) The evolution of the organizational struc23 ture of the civilian groups reporting to the Sec24 retary, including the Office of Reconstruction and

25 Humanitarian Assistance, on issues of Iraqi post-
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1 conflict administration and reconstruction and the

2 factors influencing that evolution.

3 (2) The relationship of the Department of De4 fense with other United States departments and

5 agencies involved in post-conflict administration and

6 reconstruction planning and execution in Iraq.

7 (3) The relationship of Department of Defense

8 entities, including the Office of Reconstruction and

9 Humanitarian Assistance, with intergovernmental

10 and nongovernmental organizations contributing to

11 the reconstruction and governance efforts.

12 (4) Progress made to the date of the report

13 in—

14 (A) rebuilding Iraqi infrastructure;

15 (B) providing for the humanitarian needs

16 of the Iraqi people;

17 (C) reconstituting the Iraqi governmental

18 bureaucracy and its provision of services; and

19 (D) developing mechanisms of fully

20 transitioning Iraq to representative self-govern21 ment.

22 (5) Progress made to the date of the report by

23 Department of Defense civilians and military per24 sonnel in accounting for any Iraqi weapons of mass

25 destruction and associated weapons capabilities.
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1 (6) Progress made to the date of the report by

2 United States military personnel in providing secu3 rity in Iraq and in transferring security functions to

4 a reconstituted Iraqi police force and military.

5 (7) The Secretary’s assessment of the scope of

6 the ongoing needed commitment of United States

7 military forces and of the remaining tasks to be

8 completed by Department of Defense civilian per9 sonnel in the governance and reconstruction areas,

10 including an estimate of the total expenditures the

11 Department of Defense expects to make for activi12 ties in post-conflict Iraq.

13 SEC. 1024. REPORT ON DEVELOPMENT OF MECHANISMS TO

14 BETTER CONNECT DEPARTMENT OF DE15 FENSE SPACE CAPABILITIES TO THE WAR

16 FIGHTER.

17 Not later than March 15, 2004, the Secretary of De18 fense shall submit to the congressional defense committees

19 a report on development and implementation of systematic

20 mechanisms to provide for integrating into activities of the

21 United States Strategic Command planning and require22 ments for connecting space capabilities of that command

23 with the war fighter.
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1 Subtitle D—Procurement of De2 fense Biomedical Counter3 measures

4 SEC. 1031. RESEARCH AND DEVELOPMENT OF DEFENSE

5 BIOMEDICAL COUNTERMEASURES.

6 (a) IN GENERAL.—The Secretary of Defense (in this

7 section referred to as the ‘‘Secretary’’) shall carry out a

8 program to accelerate the research, development and pro9 curement of biomedical countermeasures, including but

10 not limited to therapeutics and vaccines, for the protection

11 of the Armed Forces from attack by one or more biologi12 cal, chemical, radiological, or nuclear agents.

13 (b) INTERAGENCY COOPERATION.—(1) In carrying

14 out the program under subsection (a), the Secretary may

15 enter into interagency agreements and other collaborative

16 undertakings with other Federal agencies. Under such

17 agreements and undertakings, the participating agencies

18 are authorized to provide funds and receive funds from

19 other participating agencies.

20 (2) The Secretary, in consultation with the Secretary

21 of Health and Human Services and the Secretary of

22 Homeland Security, shall ensure that the activities of the

23 Department of Defense in carrying out the program are

24 coordinated with, complement, and do not unnecessarily

25 duplicate activities of the Department of Health and
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1 Human Services or the Department of Homeland Secu2 rity.

3 (c) EXPEDITED PROCUREMENT AUTHORITY.—(1)(A)

4 For any procurement by the Secretary, of property or

5 services for use (as determined by the Secretary) in per6 forming, administering, or supporting biomedical counter7 measures research or development, the amount specified

8 in section 4(11) of the Office of Federal Procurement Pol9 icy Act (41 U.S.C. 403(11)), as applicable pursuant to

10 section 302A(a) of the Federal Property and Administra11 tive Services Act of 1949 (41 U.S.C. 252a(a)), shall be

12 deemed to be $25,000,000 in the administration, with re13 spect to such procurement, of sections 302A(b) (41 U.S.C.

14 252a(b)) and 303(g)(1)(A) (42 U.S.C. 253(g)(1)(A)) of

15 the Federal Property and Administrative Services Act of

16 1949 and the regulations implementing those sections.

17 (B) The Secretary shall institute appropriate internal

18 controls for use of the authority under subparagraph (A),

19 including requirements for documenting the justification

20 for each use of such authority.

21 (2)(A) For a procurement described in paragraph

22 (1), the amount specified in subsections (c), (d), and (f)

23 of section 32 of the Office of Federal Procurement Policy

24 Act (41 U.S.C. 428) shall be deemed to be $15,000 in
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1 the administration of that section with respect to such

2 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, re8 pair, operate, and maintain laboratories, other research fa9 cilities and equipment, and other real or personal property

10 that the Secretary determines necessary for carrying out

11 the program under this section. The authority under this

12 paragraph is in addition to any other authority under law.

13 (2) Nothing in this section shall be construed to au14 thorize the Secretary to acquire, lease, construct, improve,

15 renovate, remodel, repair, operate, or maintain facilities

16 having general utility.

17 (e) AUTHORITY FOR PERSONAL SERVICES CON18 TRACTS.—The authority provided by section 1091 of title

19 10, United States Code, for personal services contracts to

20 carry out health care responsibilities in medical treatment

21 facilities of the Department of Defense shall also be avail22 able, subject to the same terms and conditions, for per23 sonal services contracts to carry out research and develop24 ment activities under this section. The number of individ-
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1 uals whose personal services are obtained under this sub2 section may not exceed 30 at any time.

3 (f) STREAMLINED PERSONNEL AUTHORITY.—(1)

4 Without regard to any provision of title 5, United States

5 Code, governing appointments in the competitive service,

6 and without regard to any provision of chapter 51, or sub7 chapter III of chapter 43, of such title relating to classi8 fication and General Schedule pay rates, the Secretary

9 may appoint professional and technical employees, not to

10 exceed 30 such employees at any time, to positions in the

11 Department of Defense to carry out research and develop12 ment under the program under this section. The authority

13 under this paragraph is in addition to any other authority

14 under law.

15 (2) The Secretary may use the authority under para16 graph (1) only upon a determination by the Secretary that

17 use of such authority is necessary to accelerate the re18 search and development under the program.

19 (3) The Secretary shall institute appropriate internal

20 controls for each use of the authority under paragraph (1).

21 SEC. 1032. PROCUREMENT OF DEFENSE BIOMEDICAL

22 COUNTERMEASURES.

23 (a) DETERMINATION OF MATERIAL THREATS.—(1)

24 The Secretary of Defense (in this section referred to as

25 the ‘‘Secretary’’), in consultation with the Secretary of
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1 Health and Human Services and the Secretary of Home2 land Security shall on an ongoing basis—

3 (A) assess current and emerging threats of use

4 of biological, chemical, radiological, and nuclear

5 agents; and

6 (B) identify, on the basis of such assessment,

7 those agents that present a material risk of use

8 against the Armed Forces.

9 (2) The Secretary, in consultation with the Secretary

10 of Health and Human Services and the Secretary of

11 Homeland Security, shall on an ongoing basis—

12 (A) assess the potential consequences to the

13 health of members of the Armed Forces of use

14 against the Armed Forces of the agents identified

15 under paragraph (1)(B); and

16 (B) identify, on the basis of such assessment,

17 those agents for which countermeasures are nec18 essary to protect the health of members of the

19 Armed Forces.

20 (b) ASSESSMENT OF AVAILABILITY AND APPRO21 PRIATENESS OF COUNTERMEASURES.—The Secretary, in

22 consultation with the Secretary of Health and Human

23 Services and the Secretary of Homeland Security, shall on

24 an ongoing basis assess the availability and appropriate-
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1 ness of specific countermeasures to address specific

2 threats identified under subsection (a).

3 (c) SECRETARY’S DETERMINATION OF COUNTER4 MEASURES APPROPRIATE FOR PROCUREMENT.—(1) The

5 Secretary, in accordance with paragraph (2), shall on an

6 ongoing basis identify specific countermeasures that the

7 Secretary determines to be appropriate for procurement

8 for the Department of Defense stockpile of biomedical

9 countermeasures.

10 (2) The Secretary may not identify a specific counter11 measure under paragraph (1) unless the Secretary deter12 mines that—

13 (A) the countermeasure is a qualified counter14 measure; and

15 (B) it is reasonable to expect that producing

16 and delivering, within 5 years, the quantity of that

17 countermeasure required to meet the needs of the

18 Department (as determined by the Secretary) is fea19 sible.

20 (d) DEFINITIONS.—In this section:

21 (1) The term ‘‘qualified countermeasure’’

22 means a biomedical countermeasure—

23 (A) that is approved under section 505(a)

24 of the Federal Food, Drug, and Cosmetic Act

25 (21 U.S.C. 355) or licensed under section 351
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1 of the Public Health Service Act (42 U.S.C.

2 262), or that is approved under section 515 or

3 cleared under section 510(k) of the Federal

4 Food, Drug, and Cosmetic Act (21 U.S.C. 360e

5 and 360) for use as such a countermeasure to

6 a biological, chemical, radiological, or nuclear

7 agent identified as a material threat under sub8 section (a); or

9 (B) with respect to which the Secretary, in

10 consultation with the Secretary of Health and

11 Human Services, makes a determination that

12 sufficient and satisfactory clinical experience or

13 research data (including data, if available, from

14 preclinical and clinical trials) exists to support

15 a reasonable conclusion that the product will,

16 not later than 5 years after the date on which

17 the Secretary identifies the product under sub18 section (c)(1), qualify for such approval or li19 censing for use as such a countermeasure.

20 (2) The term ‘‘biomedical countermeasure’’

21 means a drug (as defined in section 201(g)(1) of the

22 Federal Food, Drug, and Cosmetic Act (21 U.S.C.

23 321(g)(1))), device (as defined in section 201(h) of

24 the Federal Food, Drug, and Cosmetic Act (21

25 U.S.C. 321(h))), or biological product (as defined in
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1 section 351(i) of the Public Health Service Act (42

2 U.S.C. 262(i)) that is—

3 (A) used to treat, identify, or prevent harm

4 from any biological, chemical, radiological, or

5 nuclear agent that may cause a military health

6 emergency affecting the Armed Forces; or

7 (B) used to treat, identify, or prevent

8 harm from a condition that may result in ad9 verse health consequences or death and may be

10 caused by administering a drug or biological

11 product that is used as described in subpara12 graph (A).

13 (e) FUNDING.—(1) Of the amount authorized to be

14 appropriated for the Department of Defense and available

15 within the transfer authority established under section

16 1001 of this Act for fiscal year 2004 and for each fiscal

17 year thereafter, such sums are authorized as may be nec18 essary for the costs incurred by the Secretary in the pro19 curement of countermeasures under this section, subject

20 to paragraph (2).

21 (2) Amounts authorized to be appropriated under

22 paragraph (1) shall not be available to pay—

23 (A) costs for the purchase of vaccines under

24 procurement contracts entered into before January

25 1, 2003;
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1 (B) costs under new contracts, or costs of new

2 obligations under contracts previously entered into,

3 for procurement of a countermeasure after the date

4 of a determination under subsection (c)(2)(D) that

5 the countermeasure does have a significant commer6 cial market other than as a biomedical counter7 measure; or

8 (C) administrative costs.

9 SEC. 1033. AUTHORIZATION FOR USE OF MEDICAL PROD10 UCTS IN EMERGENCIES.

11 (a) USE OF MEDICAL PRODUCTS AUTHORIZED.—

12 During the period in which a declaration of emergency

13 under subsection (b) is in effect, the Secretary of Defense,

14 in accordance with this section, may authorize the use on

15 members of the Armed Forces of a drug or device intended

16 solely for use in an actual or potential emergency.

17 (b) DECLARATION OF EMERGENCY.—(1) A declara18 tion of emergency referred to in subsection (a) is a dec19 laration by the Secretary of Defense that there exists a

20 military emergency, or a significant potential for a mili21 tary emergency, involving a heightened risk to the Armed

22 Forces of attack by one or more biological, chemical, radi23 ological, or nuclear agents.

24 (2) Subject to paragraph (3), the period during which

25 a declaration of emergency under this subsection is in ef-
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1 fect begins upon the making of the declaration and ends

2 upon the first to occur of the following events:

3 (A) The making of a determination by the Sec4 retary that the military emergency, or the significant

5 potential for a military emergency, has ceased to

6 exist.

7 (B) The expiration of the one-year period begin8 ning on the date on which the declaration of emer9 gency is made.

10 (3) Before the expiration of the period during which

11 a declaration of emergency is in effect, the Secretary may

12 declare one or more extensions of that declaration of emer13 gency. In such a case, the date on which the most recent

14 extension was declared shall be treated for purposes of

15 subsection (2)(B) as the date on which the declaration of

16 emergency is made.

17 (c) CRITERIA FOR ISSUANCE OF AUTHORIZATION.—

18 The Secretary, in consultation with the Secretary of

19 Health and Human Services, may use the authority under

20 subsection (a) with respect to a biomedical counter21 measure only if the Secretary make a determination

22 that—

23 (1) an agent to which a declaration of emer24 gency under subsection (b) relates can cause a seri25 ous or life-threatening disease or condition;
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1 (2) based on the totality of scientific evidence

2 available to the Secretary, including data from ade3 quate and well-controlled clinical trials, if available,

4 it is reasonable to believe that—

5 (A) such countermeasure may be effective

6 in detecting, diagnosing, treating, or preventing

7 such disease or condition; or

8 (B) the known and potential benefits of

9 such countermeasure, when used to detect, di10 agnose, treat, or prevent such disease or condi11 tion, outweigh the known and potential risks of

12 such countermeasure;

13 (3) no adequate, approved, and available alter14 native exists to such countermeasure for detecting,

15 diagnosing, treating, or preventing such disease or

16 condition; and

17 (4) such other criteria as the Secretary may by

18 regulation prescribe are satisfied.

19 (d) SCOPE OF AUTHORIZATION.—For each use of the

20 authority under subsection (a), the Secretary, in consulta21 tion with the Secretary of Health and Human Services,

22 shall—

23 (1) specify each disease or condition that the bi24 ological countermeasure may be used to detect, diag25 nose, treat, or prevent; and
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1 (2) set forth each determination under sub2 section (c) with respect to that countermeasure and

3 the basis for each such determination.

4 (e) CONDITION.—In carrying out this section, the

5 Secretary shall ensure compliance with section 1107 of

6 title 10, United States Code, and section 731(a)(3) of the

7 Strom Thurmond National Defense Authorization Act for

8 Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2071;

9 10 U.S.C. 1107 note).

10 Subtitle E—Other Matters

11 SEC. 1041. CODIFICATION AND REVISION OF DEFENSE

12 COUNTERINTELLIGENCE POLYGRAPH PRO13 GRAM AUTHORITY.

14 (a) CODIFICATION.—(1) Chapter 21 of title 10,

15 United States Code, is amended by inserting at the end

16 of subchapter I (after the section added by section

17 805(b)(1) of this Act) the following new section:

18 ‘‘§ 427. Counterintelligence polygraph program

19 ‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of

20 Defense may carry out a program for the administration

21 of counterintelligence polygraph examinations to persons

22 described in subsection (b). The program shall be based

23 on Department of Defense Directive 5210.48, dated De24 cember 24, 1984.
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1 ‘‘(b) PERSONS COVERED.—Except as provided in

2 subsection (c), the following persons whose duties involve

3 access to information that has been classified at the level

4 of top secret or designated as being within a special access

5 program under section 4.4(a) of Executive Order 12958

6 (or a successor Executive order) are subject to this sec7 tion:

8 ‘‘(1) Military and civilian personnel of the De9 partment of Defense.

10 ‘‘(2) Personnel of defense contractors.

11 ‘‘(3) A person assigned or detailed to the De12 partment of Defense.

13 ‘‘(4) An applicant for a position in the Depart14 ment of Defense.

15 ‘‘(c) EXCEPTIONS FROM COVERAGE FOR CERTAIN

16 INTELLIGENCE AGENCIES AND FUNCTIONS.—This section

17 does not apply to the following persons:

18 ‘‘(1) A person assigned or detailed to the Cen19 tral Intelligence Agency or to an expert or consult20 ant under a contract with the Central Intelligence

21 Agency.

22 ‘‘(2) A person who is—

23 ‘‘(A) employed by or assigned or detailed

24 to the National Security Agency;
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1 ‘‘(B) an expert or consultant under con2 tract to the National Security Agency;

3 ‘‘(C) an employee of a contractor of the

4 National Security Agency; or

5 ‘‘(D) a person applying for a position in

6 the National Security Agency.

7 ‘‘(3) A person assigned to a space where sen8 sitive cryptographic information is produced, proc9 essed, or stored.

10 ‘‘(4) A person employed by, or assigned or de11 tailed to, an office within the Department of Defense

12 for the collection of specialized national foreign intel13 ligence through reconnaissance programs or a con14 tractor of such an office.

15 ‘‘(d) OVERSIGHT.—(1) The Secretary shall establish

16 a process to monitor responsible and effective application

17 of polygraphs within the Department of Defense.

18 ‘‘(2) The Secretary shall make information on the use

19 of polygraphs within the Department of Defense available

20 to the congressional defense committees.

21 ‘‘(e) POLYGRAPH RESEARCH PROGRAM.—The Sec22 retary of Defense shall carry out a continuing research

23 program to support the polygraph activities of the Depart24 ment of Defense. The program shall include—
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1 ‘‘(1) an on-going evaluation of the validity of

2 polygraph techniques used by the Department;

3 ‘‘(2) research on polygraph countermeasures

4 and anti-countermeasures; and

5 ‘‘(3) developmental research on polygraph tech6 niques, instrumentation, and analytic methods.’’.

7 (2) The table of sections at the beginning of sub8 chapter I of such chapter is amended by adding at the

9 end (after the item added by section 805(b)(2) of this Act)

10 the following new item:

‘‘427. Counterintelligence polygraph program.’’.

11 (b) CONFORMING REPEAL.—Section 1121 of the Na12 tional Defense Authorization Act for Fiscal Years 1988

13 and 1989 (10 U.S.C. 113 note), is repealed.

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall take effect on October 1, 2003.

16 SEC. 1042. CODIFICATION AND REVISION OF LIMITATION

17 ON MODIFICATION OF MAJOR ITEMS OF

18 EQUIPMENT SCHEDULED FOR RETIREMENT

19 OR DISPOSAL.

20 (a) IN GENERAL.—(1) Chapter 134 of title 10,

21 United States Code, is amended by inserting after section

22 2244 the following new section:
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1 ‘‘§ 2244a. Equipment scheduled for retirement or dis2 posal: limitation on expenditures for

3 modifications

4 ‘‘(a) PROHIBITION.—Except as otherwise provided in

5 this section, the Secretary of a military department may

6 not carry out a significant modification of an aircraft,

7 weapon, vessel, or other item of equipment that the Sec8 retary plans to retire or otherwise dispose of within five

9 years after the date on which the modification, if carried

10 out, would be completed.

11 ‘‘(b) SIGNIFICANT MODIFICATIONS DEFINED.—For

12 purposes of this section, a significant modification is any

13 modification for which the cost is in an amount equal to

14 or greater than $1,000,000.

15 ‘‘(c) EXCEPTION FOR SAFETY MODIFICATIONS.—The

16 prohibition in subsection (a) does not apply to a safety

17 modification.

18 ‘‘(d) WAIVER AUTHORITY.—The Secretary concerned

19 may waive the prohibition in subsection (a) in the case

20 of any modification otherwise subject to that subsection

21 if the Secretary determines that carrying out the modifica22 tion is in the national security interest of the United

23 States. Whenever the Secretary issues such a waiver, the

24 Secretary shall notify the congressional defense commit25 tees in writing.’’.
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1 (2) The table of sections at the beginning of sub2 chapter I of such chapter is amended by inserting after

3 the item relating to section 2244 the following new item:

‘‘2244a. Equipment scheduled for retirement or disposal: limitation on expenditures for modifications.’’.

4 (b) CONFORMING REPEAL.—Section 8053 of the De5 partment of Defense Appropriations Act, 1998 (10 U.S.C.

6 2241 note), is repealed.

7 SEC. 1043. ADDITIONAL DEFINITIONS FOR PURPOSES OF

8 TITLE 10, UNITED STATES CODE.

9 (a) GENERAL DEFINITIONS.—Section 101(a) of title

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

11 the following new paragraphs:

12 ‘‘(16) The term ‘congressional defense commit13 tees’ means—

14 ‘‘(A) the Committee on Armed Services

15 and the Committee on Appropriations of the

16 Senate; and

17 ‘‘(B) the Committee on Armed Services

18 and the Committee on Appropriations of the

19 House of Representatives.

20 ‘‘(17) The term ‘base closure law’ means the

21 following:

22 ‘‘(A) Section 2687 of this title.
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1 ‘‘(B) The Defense Base Closure and Re2 alignment Act of 1990 (part A of title XXIX of

3 Public Law 101–510; 10 U.S.C. 2687 note).

4 ‘‘(C) Title II of the Defense Authorization

5 Amendments and Base Closure and Realign6 ment Act (Public Law 100–526; 10 U.S.C.

7 2687 note).’’.

8 (b) REFERENCES TO CONGRESSIONAL DEFENSE

9 COMMITTEES.—Title 10, United States Code, is further

10 amended as follows:

11 (1) Section 135(e) is amended—

12 (A) by striking ‘‘(1)’’;

13 (B) by striking ‘‘each congressional com14 mittee specified in paragraph (2)’’ and inserting

15 ‘‘each of the congressional defense committees’’;

16 and

17 (C) by striking paragraph (2).

18 (2) Section 153(c) is amended—

19 (A) by striking ‘‘committees of Congress

20 named in paragraph (2)’’ and inserting ‘‘con21 gressional defense committees’’;

22 (B) by striking paragraph (2); and

23 (C) by designating the second sentence of

24 paragraph (1) as paragraph (2) and in that

25 paragraph (as so designated) by striking ‘‘The
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1 report’’ and inserting ‘‘Each report under para2 graph (1)’’.

3 (3) Section 181(d)(2) is amended—

4 (A) by striking ‘‘subsection:’’ and all that

5 follows through ‘‘oversight’’ and inserting ‘‘sub6 section, the term ‘oversight’’; and

7 (B) by striking subparagraph (B).

8 (4) Section 224 is amended by striking sub9 section (f).

10 (5) Section 228(e) is amended—

11 (A) by striking ‘‘DEFINITIONS’’ and all

12 that follows through ‘‘(1) The term’’ and insert13 ing ‘‘O&M BUDGET ACTIVITY DEFINED.—In

14 this section, the term’’; and

15 (B) by striking paragraph (2).

16 (6) Section 229 is amended by striking sub17 section (f).

18 (7) Section 1107(f)(4) is amended by striking

19 subparagraph (C).

20 (8) Section 2216(j) is amended by striking

21 paragraph (3).

22 (9) Section 2218(l) is amended—

23 (A) by striking paragraph (4); and

24 (B) by redesignating paragraph (5) as

25 paragraph (4).
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1 (10) Section 2306b(l) is amended—

2 (A) by striking paragraph (9); and

3 (B) by redesignating paragraph (10) as

4 paragraph (9).

5 (11) Section 2308(e)(2) is amended—

6 (A) by striking subparagraph (A); and

7 (B) by redesignating subparagraphs (B)

8 and (C) as subparagraphs (A) and (B), respec9 tively.

10 (12) Section 2366(e) is amended—

11 (A) by striking paragraph (7); and

12 (B) by redesignating paragraphs (8) and

13 (9) as paragraphs (7) and (8), respectively.

14 (13) Section 2399(h) is amended—

15 (A) by striking ‘‘DEFINITIONS.—’’ and all

16 that follows through ‘‘(1) The term’’ and insert17 ing ‘‘OPERATIONAL TEST AND EVALUATION

18 DEFINED.—In this section, the term’’;

19 (B) by striking paragraph (2);

20 (C) by redesignating subparagraphs (A),

21 (B), and (C) as paragraphs (1), (2), and (3),

22 respectively; and

23 (D) by realigning those paragraphs (as so

24 redesignated) so as to be indented two ems

25 from the left margin.
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1 (14) Section 2667(h) is amended by striking

2 paragraph (1).

3 (15) Section 2688(e)(1) is amended by striking

4 ‘‘the Committee on’’ the first place it appears and

5 all that follows through ‘‘House of Representatives’’

6 and inserting ‘‘the congressional defense commit7 tees’’.

8 (16) Section 2801(c)(4) is amended by striking

9 ‘‘the Committee on’’ the first place it appears and

10 all that follows through ‘‘House of Representatives’’

11 and inserting ‘‘the congressional defense commit12 tees’’.

13 (c) REFERENCES TO BASE CLOSURE LAWS.—Title

14 10, United States Code, is further amended as follows:

15 (1) Section 2306c(h) is amended by striking

16 ‘‘ADDITIONAL’’ and all that follows through ‘‘(2)

17 The term’’ and inserting ‘‘MILITARY INSTALLATION

18 DEFINED.—In this section, the term’’.

19 (2) Section 2490a(f) is amended—

20 (A) by striking ‘‘DEFINITIONS.—’’ and all

21 that follows through ‘‘(1) The term’’ and insert22 ing ‘‘NONAPPROPRIATED FUND INSTRUMEN23 TALITY DEFINED.—In this section, the term’’;

24 and

25 (B) by striking paragraph (2).
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1 (3) Section 2667(h), as amended by subsection

2 (b)(13), is further amended by striking ‘‘section:’’

3 and all that follows through ‘‘(3) The term’’ and in4 serting ‘‘section, the term’’.

5 (4) Section 2696(e) is amended—

6 (A) by striking paragraphs (1), (2), (3),

7 and (4) and inserting the following:

8 ‘‘(1) A base closure law.’’; and

9 (B) by redesignating paragraph (6) as

10 paragraph (2).

11 (5) Section 2705 is amended by striking sub12 section (h).

13 (6) Section 2871 is amended by striking para14 graph (2).

15 SEC. 1044. INCLUSION OF ANNUAL MILITARY CONSTRUC16 TION AUTHORIZATION REQUEST IN ANNUAL

17 DEFENSE AUTHORIZATION REQUEST.

18 (a) INCLUSION OF MILITARY CONSTRUCTION RE19 QUEST.—Section 113a(b) of title 10, United States Code,

20 is amended—

21 (1) by redesignating paragraph (3) as para22 graph (4); and

23 (2) by inserting after paragraph (2) the fol24 lowing new paragraph (3):
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1 ‘‘(3) Authority to carry out military construc2 tion projects, as required by section 2802 of this

3 title.’’.

4 (b) REPEAL OF SEPARATE TRANSMISSION OF RE5 QUEST.—(1) Section 2859 of such title is repealed.

6 (2) The table of sections at the beginning of sub7 chapter III of chapter 169 of such title is amended by

8 striking the item relating to section 2859.

9 SEC. 1045. TECHNICAL AND CLERICAL AMENDMENTS.

10 (a) TITLE 10, UNITED STATES CODE.—Title 10,

11 United States Code, is amended as follows:

12 (1) The tables of chapters at the beginning of

13 subtitle A, and at the beginning of part IV of sub14 title A, are amended by striking ‘‘2701’’ in the item

15 relating to chapter 160 and inserting ‘‘2700’’.

16 (2) Section 101(a)(9)(D) is amended by strik17 ing ‘‘Transportation’’ and inserting ‘‘Homeland Se18 curity’’.

19 (3) Section 2002(a)(2) is amended by striking

20 ‘‘Foreign Service Institute’’ and inserting ‘‘George

21 P. Schultz National Foreign Affairs Training Cen22 ter’’.

23 (4)(A) Section 2248 is repealed.
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1 (B) The table of sections at the beginning of

2 chapter 134 is amended by striking the item relating

3 to section 2248.

4 (5) Section 2305a(c) is amended by striking

5 ‘‘the Brooks Architect-Engineers Act (40 U.S.C. 541

6 et seq.)’’ and inserting ‘‘chapter 11 of title 40’’.

7 (6) Section 2432(h)(1) is amended by inserting

8 ‘‘program’’ in the first sentence after ‘‘for such’’.

9 (7) Section 7305(d) is amended by inserting

10 ‘‘such’’ before ‘‘title III’’.

11 (b) TITLE 37, UNITED STATES CODE.—Title 37,

12 United States Code, is amended as follows:

13 (1) Section 323(a) is amended by striking ‘‘1

14 year’’ in paragraphs (1) and (2) and inserting ‘‘one

15 year’’.

16 (2) Section 402(b) is amended—

17 (A) by striking paragraph (1); and

18 (B) in paragraph (2), by striking ‘‘On and

19 after January 1, 2002, the’’ and inserting

20 ‘‘The’’.

21 (c) FLOYD D. SPENCE NATIONAL DEFENSE

22 AUTHORIZATON ACT FOR FISCAL YEAR 2001.—The

23 Floyd D. Spence National Defense Authorization Act for

24 Fiscal Year 2001 (as enacted into law by Public Law 106–

25 398) is amended as follows:
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1 (1) Section 1308(c) (22 U.S.C. 5959) is

2 amended—

3 (A) by redesignating paragraph (7) as

4 paragraph (8); and

5 (B) by redesignating the second paragraph

6 (6) as paragraph (7).

7 (2) Section 814 (10 U.S.C. 1412 note) is

8 amended in subsection (d)(1) by striking ‘‘the

9 Clinger-Cohen Act of 1996 (divisions D and E of

10 Public Law 104–106)’’ and inserting ‘‘subtitle III of

11 title 40, United States Code’’.

12 (d) NATIONAL DEFENSE AUTHORIZATION ACT FOR

13 FISCAL YEAR 2000.—Section 1305 of the National De14 fense Authorization Act for Fiscal Year 2000 (Public Law

15 106–65; 22 U.S.C. 5952 note) is amended by striking the

16 second period at the end.

17 (e) STROM THURMOND NATIONAL DEFENSE AU18 THORIZATION ACT FOR FISCAL YEAR 1999.—Section

19 819(a) of the Strom Thurmond National Defense Author20 ization Act for Fiscal Year 1999 (Public Law 105–261;

21 112 Stat. 2089) is amended by striking ‘‘section 201(c)

22 of the Federal Property and Administrative Services Act

23 of 1949 (40 U.S.C. 481(c)),’’ and inserting ‘‘section 503

24 of title 40, United States Code,’’.
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1 (f) NATIONAL DEFENSE AUTHORIZATION ACT FOR

2 FISCAL YEAR 1997.—Section 1084(e) of the National De3 fense Authorization Act for Fiscal Year 1997 (Public Law

4 104–201; 110 Stat. 2675) is amended by striking ‘‘98–

5 515’’ and inserting ‘‘98–525’’. The amendment made by

6 the preceding sentence shall take effect as if included in

7 Public Law 104–201.

8 (g) FEDERAL ACQUISITION STREAMLINING ACT OF

9 1994.—Subsection (d) of section 1004 of the Federal Ac10 quisition Streamlining Act of 1994 (Public Law 103–355;

11 108 Stat, 3253) is amended by striking ‘‘under—’’ and

12 all that follows through the end of paragraph (2) and in13 serting ‘‘under chapter 11 of title 40, United States

14 Code.’’.

15 (h) ARMED FORCES RETIREMENT HOME ACT OF

16 1991.—Section 1520(b)(1)(C) of the Armed Forces Retire17 ment Home Act of 1991 (24 U.S.C. 420(b)(1)(C)) is

18 amended by inserting ‘‘Armed Forces’’ before ‘‘Retirement

19 Home 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

6 amended by adding at the end the following new sub7 section:

8 ‘‘(d)(1) The Director of the National Security Agency

9 may provide a qualifying employee of a defense laboratory

10 of that Agency with living quarters at no charge, or at

11 a rate or charge prescribed by the Director by regulation,

12 without regard to section 5911(c) of title 5.

13 ‘‘(2) In this subsection, the term ‘qualifying em14 ployee’ means a student who is employed at the National

15 Security Agency under—

16 ‘‘(A) a Student Educational Employment Pro17 gram of the Agency conducted under this section or

18 any other provision of law; or

19 ‘‘(B) a similar cooperative or summer education

20 program of the Agency that meets the criteria for

21 Federal cooperative or summer education programs

22 prescribed by the Office of Personnel Management.’’.
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1 SEC. 1047. USE OF DRUG INTERDICTION AND COUNTER2 DRUG FUNDS TO SUPPORT ACTIVITIES OF

3 THE GOVERNMENT OF COLOMBIA.

4 (a) AUTHORITY TO PROVIDE ASSISTANCE.—During

5 fiscal years 2004 and 2005, the Secretary of Defense may

6 use funds made available to the Department of Defense

7 for drug interdiction and counter-drug activities to provide

8 assistance to the Government of Colombia—

9 (1) to support a unified campaign against nar10 cotics trafficking in Colombia;

11 (2) to support a unified campaign against ac12 tivities by designated terrorist organizations, such as

13 the Revolutionary Armed Forces of Colombia

14 (FARC), the National Liberation Army (ELN), and

15 the United Self-Defense Forces of Colombia (AUC);

16 and

17 (3) to take actions to protect human health and

18 welfare in emergency circumstances, including un19 dertaking rescue operations.

20 (b) RELATION TO OTHER ASSISTANCE AUTHOR21 ITY.—The authority provided by subsection (a) is in addi22 tion to other provisions of law authorizing the provision

23 of assistance to the Government of Colombia.
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1 SEC. 1048. AUTHORITY FOR JOINT TASK FORCES TO PRO2 VIDE SUPPORT TO LAW ENFORCEMENT

3 AGENCIES CONDUCTING COUNTER-TER4 RORISM ACTIVITIES.

5 (a) AUTHORITY.—A joint task force of the Depart6 ment of Defense that provides support to law enforcement

7 agencies conducting counter-drug activities may also pro8 vide, consistent with all applicable laws and regulations,

9 support to law enforcement agencies conducting counter10 terrorism activities.

11 (b) CONDITIONS.—Any support provided under sub12 section (a) may only be provided in the geographic area

13 of responsibility of the joint task force.

14 SEC. 1049. USE OF NATIONAL DRIVER REGISTER FOR PER15 SONNEL SECURITY INVESTIGATIONS AND DE16 TERMINATIONS.

17 Section 30305(b) of title 49, United States Code, is

18 amended—

19 (1) by redesignating paragraphs (9) through

20 (11) as paragraphs (10) through (12), respectively;

21 and

22 (2) by inserting after paragraph (8) the fol23 lowing new paragraph:

24 ‘‘(9) An individual who is being investigated for—

25 ‘‘(A) eligibility for access to a particular level of

26 classified information for purposes of Executive
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1 Order No. 12968, or any successor Executive order;

2 or

3 ‘‘(B) Federal employment under authority of

4 Executive Order No. 10450, or any successor Execu5 tive order,

6 may request the chief driver licensing official of a State

7 to provide information about the individual pursuant to

8 subsection (a) of this section to a Federal department or

9 agency that is authorized to investigate the individual for

10 the purpose of assisting in the determination of the eligi11 bility of the individual for access to classified information

12 or for Federal employment. A Federal department or

13 agency that receives such information about an individual

14 may use it in accordance with applicable law. Information

15 may not be obtained from the Register under this para16 graph if the information was entered in the Register more

17 than 3 years before the request, unless the information

18 is about a revocation or suspension still in effect on the

19 date of the request.’’.

20 SEC. 1050. PROTECTION OF OPERATIONAL FILES OF THE

21 NATIONAL SECURITY AGENCY.

22 The National Security Agency Act of 1959 (50

23 U.S.C. 402 note) is amended by adding at the end the

24 following new section:
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1 ‘‘SEC. 19. (a) EXEMPTION OF CERTAIN OPER2 ATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION,

3 OR DISCLOSURE.—(1) The Director of the National Secu4 rity Agency, with the coordination of the Director of Cen5 tral Intelligence, may exempt operational files of the Na6 tional Security Agency from the provisions of section 552

7 of title 5, United States Code, which require publication,

8 disclosure, search, or review in connection therewith.

9 ‘‘(2)(A) Subject to subparagraph (B), for the pur10 poses of this section, the term ‘operational files’ means

11 files of the National Security Agency that document the

12 means by which foreign intelligence or counterintelligence

13 is collected through technical systems.

14 ‘‘(B) Files that contain disseminated intelligence are

15 not operational files.

16 ‘‘(3) Notwithstanding paragraph (1), exempted oper17 ational files shall continue to be subject to search and re18 view for information concerning—

19 ‘‘(A) United States citizens or aliens lawfully

20 admitted for permanent residence who have re21 quested information on themselves pursuant to the

22 provisions of section 552 of title 5 or section 552a

23 of title 5, United States Code;
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1 ‘‘(B) any special activity the existence of which

2 is not exempt from disclosure under the provisions

3 of section 552 of title 5, United States Code; or

4 ‘‘(C) the specific subject matter of an investiga5 tion by any of the following for any impropriety, or

6 violation of law, Executive order, or Presidential di7 rective, in the conduct of an intelligence activity:

8 ‘‘(i) The Permanent Select Committee on

9 Intelligence of the House of Representatives.

10 ‘‘(ii) The Select Committee on Intelligence

11 of the Senate.

12 ‘‘(iii) The Intelligence Oversight Board.

13 ‘‘(iv) The Department of Justice.

14 ‘‘(v) The Office of General Counsel of the

15 National Security Agency.

16 ‘‘(vi) The Office of the Director of the Na17 tional Security Agency.

18 ‘‘(4)(A) Files that are not exempted under paragraph

19 (1) which contain information derived or disseminated

20 from exempted operational files shall be subject to search

21 and review.

22 ‘‘(B) The inclusion of information from exempted

23 operational files in files that are not exempted under para24 graph (1) shall not affect the exemption under paragraph
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1 (1) of the originating operational files from search, review,

2 publication, or disclosure.

3 ‘‘(C) The declassification of some of the information

4 contained in exempted operational files shall not affect the

5 status of the operational file as being exempt from search,

6 review, publication, or disclosure.

7 ‘‘(D) Records from exempted operational files which

8 have been disseminated to and referenced in files that are

9 not exempted under paragraph (1) and which have been

10 returned to exempted operational files for sole retention

11 shall be subject to search and review.

12 ‘‘(5) The provisions of paragraph (1) may not be su13 perseded except by a provision of law which is enacted

14 after the date of the enactment of this section, and which

15 specifically cites and repeals or modifies its provisions.

16 ‘‘(6)(A) Except as provided in subparagraph (B),

17 whenever any person who has requested agency records

18 under section 552 of title 5, United States Code, alleges

19 that the National Security Agency has withheld records

20 improperly because of failure to comply with any provision

21 of this section, judicial review shall be available under the

22 terms set forth in section 552(a)(4)(B) of title 5, United

23 States Code.

24 ‘‘(B) Judicial review shall not be available in the

25 manner provided for under subparagraph (A) as follows:
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1 ‘‘(i) In any case in which information specifi2 cally authorized under criteria established by an Ex3 ecutive order to be kept secret in the interests of na4 tional defense or foreign relations which is filed

5 with, or produced for, the court by the National Se6 curity Agency, such information shall be examined

7 ex parte, in camera by the court.

8 ‘‘(ii) The court shall, to the fullest extent prac9 ticable, determine the issues of fact based on sworn

10 written submissions of the parties.

11 ‘‘(iii) When a complainant alleges that re12 quested records are improperly withheld because of

13 improper placement solely in exempted operational

14 files, the complainant shall support such allegation

15 with a sworn written submission based upon per16 sonal knowledge or otherwise admissible evidence.

17 ‘‘(iv)(I) When a complainant alleges that re18 quested records were improperly withheld because of

19 improper exemption of operational files, the National

20 Security Agency shall meet its burden under section

21 552(a)(4)(B) of title 5, United States Code, by dem22 onstrating to the court by sworn written submission

23 that exempted operational files likely to contain re24 sponsive records currently perform the functions set

25 forth in paragraph (2).
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1 ‘‘(II) The court may not order the National Se2 curity Agency to review the content of any exempted

3 operational file or files in order to make the dem4 onstration required under subclause (I), unless the

5 complainant disputes the National Security Agency’s

6 showing with a sworn written submission based on

7 personal knowledge or otherwise admissible evidence.

8 ‘‘(v) In proceedings under clauses (iii) and (iv),

9 the parties may not obtain discovery pursuant to

10 rules 26 through 36 of the Federal Rules of Civil

11 Procedure, except that requests for admission may

12 be made pursuant to rules 26 and 36.

13 ‘‘(vi) If the court finds under this paragraph

14 that the National Security Agency has improperly

15 withheld requested records because of failure to com16 ply with any provision of this subsection, the court

17 shall order the Agency to search and review the ap18 propriate exempted operational file or files for the

19 requested records and make such records, or por20 tions thereof, available in accordance with the provi21 sions of section 552 of title 5, United States Code,

22 and such order shall be the exclusive remedy for fail23 ure to comply with this subsection.

24 ‘‘(vii) If at any time following the filing of a

25 complaint pursuant to this paragraph the National
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1 Security Agency agrees to search the appropriate ex2 empted operational file or files for the requested

3 records, the court shall dismiss the claim based upon

4 such complaint.

5 ‘‘(viii) Any information filed with, or produced

6 for the court pursuant to clauses (i) and (iv) shall

7 be coordinated with the Director of Central Intel8 ligence prior to submission to the court.

9 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER10 ATIONAL FILES.—(1) Not less than once every 10 years,

11 the Director of the National Security Agency and the Di12 rector of Central Intelligence shall review the exemptions

13 in force under subsection (a)(1) to determine whether such

14 exemptions may be removed from the category of exempt15 ed files or any portion thereof. The Director of Central

16 Intelligence must approve any determination to remove

17 such exemptions.

18 ‘‘(2) The review required by paragraph (1) shall in19 clude consideration of the historical value or other public

20 interest in the subject matter of the particular category

21 of files or portions thereof and the potential for declas22 sifying a significant part of the information contained

23 therein.

24 ‘‘(3) A complainant that alleges that the National Se25 curity Agency has improperly withheld records because of
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1 failure to comply with this subsection may seek judicial

2 review in the district court of the United States of the

3 district in which any of the parties reside, or in the Dis4 trict of Columbia. In such a proceeding, the court’s review

5 shall be limited to determining the following:

6 ‘‘(A) Whether the National Security Agency has

7 conducted the review required by paragraph (1) be8 fore the expiration of the 10-year period beginning

9 on the date of the enactment of this section or be10 fore the expiration of the 10-year period beginning

11 on the date of the most recent review.

12 ‘‘(B) Whether the National Security Agency, in

13 fact, considered the criteria set forth in paragraph

14 (2) in conducting the required review.’’.

15 SEC. 1051. ASSISTANCE FOR STUDY OF FEASIBILITY OF BI16 ENNIAL UNITED STATES INTERNATIONAL AIR

17 TRADE SHOW AND FOR INITIAL IMPLEMEN18 TATION.

19 (a) ASSISTANCE FOR FEASIBILITY STUDY.—(1) The

20 Secretary of Defense shall provide assistance to the non21 profit organization named United States Air and Trade

22 Show Inc. for expenses of a study by that organization

23 of the feasibility of the establishment and operation of a

24 biennial United States international air trade show.
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1 (2) The Secretary shall provide for the organization

2 specified in paragraph (1) to submit to the Secretary a

3 report containing the results of the study not later than

4 September 30, 2004. The Secretary shall promptly submit

5 the report to Congress, together with such comments on

6 the report as the Secretary considers appropriate.

7 (b) ASSISTANCE FOR IMPLEMENTATION.—If the or8 ganization conducting the study under subsection (a) de9 termines that the establishment and operation of such an

10 air show is feasible and should be implemented, the Sec11 retary shall provide assistance to that organization for the

12 initial expenses of implementing such an air show.

13 (c) AMOUNT OF ASSISTANCE.—The amount of assist14 ance provided by the Secretary under subsections (a) and

15 (b)—

16 (1) may not exceed a total of $1,000,000, to be

17 derived from amounts available for operation and

18 maintenance for the Air Force for fiscal year 2004;

19 and

20 (2) may not exceed one-half of the cost of the

21 study and may not exceed one-half the cost of such

22 initial implementation.
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1 SEC. 1052. CONTINUATION OF REASONABLE ACCESS TO

2 MILITARY INSTALLATIONS FOR PERSONAL

3 COMMERCIAL SOLICITATION.

4 (a) CONTINUED ACCESS TO MEMBERS.—Section

5 2679 of title 10, United States Code, is amended—

6 (1) in subsection (a), by inserting ‘‘ACCESS BY

7 REPRESENTATIVES OF VETERANS’ ORGANIZA8 TIONS.—(1)’’ before ‘‘Upon certification’’;

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

10 paragraphs (2) and (3), respectively;

11 (3) in paragraph (2), as so redesignated, by

12 striking ‘‘subsection (a)’’ and inserting ‘‘paragraph

13 (1)’’;

14 (4) in paragraph (3), as so redesignated, by

15 striking ‘‘section’’ and inserting ‘‘subsection’’;

16 (5) by redesignating subsection (d) as sub17 section (c); and

18 (6) by inserting before such subsection the fol19 lowing new subsection (b):

20 ‘‘(b) ACCESS FOR PERSONAL COMMERCIAL SOLICITA21 TION.—An amendment or other revision to a Department

22 of Defense directive relating to access to military installa23 tions for the purpose of conducting limited personal com24 mercial solicitation shall not take effect until the end of

25 the 90-day period beginning on the date the Secretary of
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1 Defense submits to Congress notice of the amendment or

2 revision and the reasons therefor.’’.

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

4 such section is amended to read as follows:

5 ‘‘§ 2679. Access to and use of space and equipment at

6 military installations: representatives of

7 veterans’ organizations and other per8 sons’’.

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

10 sections at the beginning of chapter 159 of such title is

11 amended to read as follows:

‘‘2679. Access to and use of space and equipment at military installations: representatives of veterans’ organizations and other persons.’’.

12 SEC. 1053. COMMISSION ON NUCLEAR STRATEGY OF THE

13 UNITED STATES.

14 (a) ESTABLISHMENT OF COMMISSION.—

15 (1) ESTABLISHMENT.—There is hereby estab16 lished a commission to be known as the ‘‘Commis17 sion on Nuclear Strategy of the United States’’

18 (hereinafter this this section referred to as the

19 ‘‘Commission’’). The Secretary of Defense, in con20 sultation with the Secretary of Energy, shall enter

21 into a contract with a federally funded research and

22 development center to provide for the organization,

23 management, and suport of the Commission.
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1 (2) COMPOSITION.—(A) The Commission shall

2 be composed of 12 members appointed by the Sec3 retary of Defense. In selecting individuals for ap4 pointment to the Commission, the Secretary of De5 fense shall consult with the chairman and ranking

6 minority member of the Committee on Armed Serv7 ices of the Senate and the chairman and ranking mi8 nority member of the Committee on Armed Services

9 of the House of Representatives.

10 (B) Members of the Commission shall be ap11 pointed from among private United States citizens

12 with knowledge and expertise in the political, mili13 tary, operational, and technical aspects of nuclear

14 strategy.

15 (3) CHAIRMAN OF THE COMMISSION.—The Sec16 retary of Defense shall designate one of the mem17 bers of the Commission to serve as chairman of the

18 Commission.

19 (4) PERIOD OF APPOINTMENT; VACANCIES.—

20 Members shall be appointed for the life of the Com21 mission. Any vacancy in the Commission shall be

22 filled in the same manner as the original appoint23 ment.
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1 (5) SECURITY CLEARANCES.—All members of

2 the Commission shall hold appropriate security

3 clearances.

4 (b) DUTIES OF COMMISSION.—

5 (1) REVIEW OF NUCLEAR STRATEGY.—The

6 Commission shall consider all matters of policy,

7 force structure, nuclear stockpile stewardship, esti8 mates of threats and force requirements, and any

9 other issue the Commission may consider necessary

10 in order to assess and make recommendations about

11 current United States nuclear strategy as envisioned

12 in the National Security Strategy of the United

13 States and the Nuclear Posture Review, as well as

14 possible alternative future strategies.

15 (2) ASSESSMENT OF RANGE OF NUCLEAR

16 STRATEGIES.—The Commission shall assess possible

17 future nuclear strategies for the United States that

18 could be pursued over the next 20 years.

19 (3) RELATIONS WITH RUSSIA.—The Commis20 sion shall give special attention to assessing how the

21 United States goal of strengthening partnership with

22 Russia may be advanced or adversely affected by

23 each of the possible nuclear strategies considered.

24 The Commission shall also assess how relations with

25 China, and the overall global security environment,
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1 may be affected by each of those possible nuclear

2 strategies.

3 (4) OTHER MATTERS TO BE INCLUDED.—For

4 each of the possible nuclear strategies considered,

5 the Commission shall include in its report under

6 subsection (c)(1), at a minimum, the following:

7 (A) A discussion of the policy defining the

8 deterrence and military-political objectives of

9 the United States against potential adversaries.

10 (B) A discussion of the military require11 ments for United States forces, the force struc12 ture and capabilities necessary to meet those re13 quirements, and how they relate to the achieve14 ment of the objectives identified under subpara15 graph (A).

16 (C) Appropriate quantitative and quali17 tative analysis, including force-on-force ex18 change modeling, to calculate the effectiveness

19 of the strategy under various scenario condi20 tions, including scenarios of strategic and tac21 tical surprise.

22 (D) An assessment of the role of missile

23 defenses in the strategy, the dependence of the

24 strategy on missile defense effectiveness, and
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1 the effect of missile defenses on the threat envi2 ronment.

3 (E) An assessment of the implications of

4 the proliferation of missiles and weapons of

5 mass destruction, the proliferation of under6 ground facilities and mobile launch platforms,

7 and China’s modernization of strategic forces.

8 (F) An assessment of the implications of

9 asymmetries between the United States and

10 Russia, including doctrine, nonstrategic nuclear

11 weapons, and active and passive defenses.

12 (G) An assessment of strategies or options

13 for dealing with nuclear capable nations that

14 may provide nuclear weapons to terrorist or

15 transnational groups.

16 (H) An assessment of the contribution of

17 non-proliferation strategies and programs to the

18 overall security of the United States and how

19 those strategies and programs may affect the

20 overall requirements of future nuclear strategy.

21 (I) An assessment of the effect of the

22 strategy on the nuclear programs of emerging

23 nuclear weapons states, including North Korea,

24 Iran, Pakistan, and India.
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1 (5) RECOMMENDATIONS.—The Commission

2 shall include in its report recommendations for any

3 continuities or changes in nuclear strategy it believes

4 should be taken to enhance the national security of

5 the United States.

6 (6) COOPERATION FROM GOVERNMENT OFFI7 CIALS.—(A) In carrying out its duties, the Commis8 sion shall receive the full and timely cooperation of

9 the Secretary of Defense, the Secretary of Energy,

10 and any other United States Government official in

11 providing the Commission with analyses, briefings,

12 and other information necessary for the fulfillment

13 of its responsibilities.

14 (B) The Secretary of Energy and the Secretary

15 of Defense shall each designate at least one officer

16 or employee of the Department of Energy and the

17 Department of Defense, respectively, to serve as a li18 aison officer between the department and the Com19 mission. The Director of Central Intelligence may

20 designate at least one officer or employee of the

21 Central Intelligence Agency to serve as a liaison offi22 cer between that agency and the Commission.

23 (c) REPORTS.—

24 (1) COMMISSION REPORT.—The Commission

25 shall submit to the Secretary of Defense and to the
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1 Committees on Armed Services of the Senate and

2 House of Representatives a report on the Commis3 sion’s findings and conclusions not later than 18

4 months after the date of its first meeting.

5 (2) SECRETARY OF DEFENSE RESPONSE.—Not

6 later than one year after the date on which the Com7 mission submits its report under paragraph (1), the

8 Secretary of Defense shall submit to Congress a

9 report—

10 (A) commenting on the Commission’s find11 ings and conclusions; and

12 (B) explaining what actions, if any, the

13 Secretary intends to take to implement the rec14 ommendations of the Commission and, with re15 spect to each such recommendation, the Sec16 retary’s reasons for implementing, or not imple17 menting, the recommendation.

18 (d) HEARINGS AND PROCEDURES.—

19 (1) HEARINGS.—The Commission may, for the

20 purpose of carrying out the purposes of this section,

21 hold hearings and take testimony.

22 (2) PROCEDURES.—The federally funded re23 search and development center referred to in sub24 section (a)(1) shall be responsible for establishing

25 appropriate procedures for the Commission.
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1 (3) DETAIL OF GOVERNMENT EMPLOYEES.—

2 Upon request of the chairman of the Commission,

3 the head of any Federal department or agency may

4 detail, on a nonreimbursable basis, any personnel of

5 that department or agency to the Commission to as6 sist it in carrying out its duties.

7 (e) FUNDING.—Funds for activities of the Commis8 sion shall be provided from amounts appropriated for the

9 Department of Defense.

10 (f) TERMINATION OF COMMISSION.—The Commis11 sion shall terminate 60 days after the date of the submis12 sion of its report under subsection (c)(1).

13 (g) IMPLEMENTATION.—

14 (1) FFRDC CONTRACT.—The Secretary of De15 fense shall enter into the contract required under

16 subsection (a)(1) not later than 60 days after the

17 date of the enactment of this Act.

18 (2) FIRST MEETING.—The Commission shall

19 convene its first meeting not later than 60 days

20 after the date as of which all members of the Com21 mission have been appointed.

22 SEC. 1054. EXTENSION OF COUNTERPROLIFERATION PRO23 GRAM REVIEW COMMITTEE.

24 Section 1605(f) of the National Defense Authoriza25 tion Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
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1 amended by striking ‘‘September 30, 2004’’ and inserting

2 ‘‘September 30, 2008’’.

3 SEC. 1055. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU

4 OF BORDER SECURITY AND BUREAU OF CITI5 ZENSHIP AND IMMIGRATION SERVICES OF

6 THE DEPARTMENT OF HOMELAND SECURITY.

7 (a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE8 FENSE.—Chapter 18 of title 10, United States Code, is

9 amended by inserting after section 374 the following new

10 section:

11 ‘‘§ 374a. Assignment of members to assist border pa12 trol and control

13 ‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission

14 of a request consistent with subsection (b), the Secretary

15 of Defense may assign members of the Army, Navy, Air

16 Force, and Marine Corps to assist—

17 ‘‘(1) the Bureau of Border Security of the De18 partment of Homeland Security in preventing the

19 entry of terrorists, drug traffickers, and illegal aliens

20 into the United States; and

21 ‘‘(2) the United States Customs Service of the

22 Department of Homeland Security in the inspection

23 of cargo, vehicles, and aircraft at points of entry

24 into the United States to prevent the entry of weap25 ons of mass destruction, components of weapons of
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1 mass destruction, prohibited narcotics or drugs, or

2 other terrorist or drug trafficking items.

3 ‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment

4 of members under subsection (a) may occur only if—

5 ‘‘(1) the assignment is at the request of the

6 Secretary of Homeland Security; and

7 ‘‘(2) the request is accompanied by a certifi8 cation by the Secretary of Homeland Security that

9 the assignment of members pursuant to the request

10 is necessary to respond to a threat to national secu11 rity posed by the entry into the United States of ter12 rorists, drug traffickers, or illegal aliens.

13 ‘‘(c) TRAINING PROGRAM REQUIRED.—The Sec14 retary of Homeland Security and the Secretary of De15 fense, shall establish a training program to ensure that

16 members receive general instruction regarding issues af17 fecting law enforcement in the border areas in which the

18 members may perform duties under an assignment under

19 subsection (a). A member may not be deployed at a border

20 location pursuant to an assignment under subsection (a)

21 until the member has successfully completed the training

22 program.

23 ‘‘(d) CONDITIONS OF USE.—(1) Whenever a member

24 who is assigned under subsection (a) to assist the Bureau

25 of Border Security or the United States Customs Service
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1 is performing duties at a border location pursuant to the

2 assignment, a civilian law enforcement officer from the

3 agency concerned shall accompany the member.

4 ‘‘(2) Nothing in this section shall be construed to—

5 ‘‘(A) authorize a member assigned under sub6 section (a) to conduct a search, seizure, or other

7 similar law enforcement activity or to make an ar8 rest; and

9 ‘‘(B) supersede section 1385 of title 18 (popu10 larly known as the ‘Posse Comitatus Act’).

11 ‘‘(e) ESTABLISHMENT OF ONGOING JOINT TASK

12 FORCES.—(1) The Secretary of Homeland Security may

13 establish ongoing joint task forces if the Secretary of

14 Homeland Security determines that the joint task force,

15 and the assignment of members to the joint task force,

16 is necessary to respond to a threat to national security

17 posed by the entry into the United States of terrorists,

18 drug traffickers, or illegal aliens.

19 ‘‘(2) If established, the joint task force shall fully

20 comply with the standards as set forth in this section.

21 ‘‘(f) NOTIFICATION REQUIREMENTS.—The Secretary

22 of Homeland Security shall provide to the Governor of the

23 State in which members are to be deployed pursuant to

24 an assignment under subsection (a) and to local govern25 ments in the deployment area notification of the deploy-
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1 ment of the members to assist the Department of Home2 land Security under this section and the types of tasks

3 to be performed by the members.

4 ‘‘(g) REIMBURSEMENT REQUIREMENT.—Section 377

5 of this title shall apply in the case of members assigned

6 under subsection (a).

7 ‘‘(h) TERMINATION OF AUTHORITY.—No assignment

8 may be made or continued under subsection (a) after Sep9 tember 30, 2005.’’.

10 (b) COMMENCEMENT OF TRAINING PROGRAM.—The

11 training program required by subsection (b) of section

12 374a of title 10, United States Code, shall be established

13 as soon as practicable after the date of the enactment of

14 this Act.

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

16 at the beginning of such chapter is amended by inserting

17 after the item relating to section 374 the following new

18 item:

‘‘374a. Assignment of members to assist border patrol and control.’’.

19 SEC. 1056. REPORT CONCERNING STRATEGIC NUCLEAR

20 WARHEADS DISMANTLED PURSUANT TO THE

21 TREATY BETWEEN THE UNITED STATES OF

22 AMERICA AND THE RUSSIAN FEDERATION ON

23 STRATEGIC OFFENSIVE REDUCTIONS.

24 Not later than 60 days after the exchange of instru25 ments of ratification of the Treaty Between the United
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1 States of America and the Russian Federation on Stra2 tegic Offensive Reductions or 60 days after the date of

3 the enactment of this Act, whichever occurs last, and on

4 February 15 of each subsequent year, the President shall

5 submit to Congress a report concerning any strategic nu6 clear warheads dismantled within the boundaries of the

7 treaty during the preceding calendar year and any such

8 warheads to be dismantled in that calendar year, pursuant

9 to such treaty. During the one-year period beginning on

10 the date of the exchange of instruments of ratification of

11 such treaty, any such report shall not include information

12 concerning any dismantling of warheads during the pre13 ceding calendar year.

14 SEC. 1057. PILOT PROGRAM TO IMPROVE USE OF AIR

15 FORCE AND AIR NATIONAL GUARD MODULAR

16 AIRBORNE FIRE-FIGHTING SYSTEMS TO

17 FIGHT WILDFIRES.

18 (a) TEMPORARY EXCEPTION TO ECONOMY ACT RE19 QUIREMENT.—Notwithstanding section 1535(a)(4) of title

20 31, United States Code, the Secretary of the Interior and

21 the Secretary of Agriculture may procure the services of

22 military aircraft (and personnel of the Armed Forces to

23 operate and maintain such aircraft) of Air Force and Air

24 National Guard Modular Airborne Fire-Fighting Systems

25 units in California, Colorado, North Carolina, and Wyo-
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1 ming to fight a wildfire without first comparing the cost

2 and convenience of procuring such services from such

3 source to the cost of procuring the same services from a

4 commercial enterprise.

5 (b) DURATION OF PILOT PROGRAM.—The authority

6 provided by subsection (a) expires December 31, 2005.

7 (c) REPORTING REQUIREMENT.—Not later than Feb8 ruary 1, 2005, the Secretary of the Interior and the Sec9 retary of Agriculture shall submit to Congress a report

10 describing—

11 (1) the use of the exception provided in sub12 section (a) to expedite the procurement of the serv13 ices of Air Force and Air National Guard Modular

14 Airborne Fire-Fighting Systems units to fight

15 wildfires; and

16 (2) the ability of these units in responding to

17 wildfires in a timely and effective manner.

18 SEC. 1058. STUDY ON FEASIBILITY OF USE OF SMALL BUSI19 NESSES, MINORITY-OWNED BUSINESSES, AND

20 WOMEN-OWNED BUSINESSES IN EFFORTS TO

21 REBUILD IRAQ.

22 The Secretary of Defense shall commission a study

23 of the feasibility of using small businesses, minority-owned

24 businesses, and women-owned businesses in the United

25 States’ efforts to rebuild Iraq. The study shall include the
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1 development of outreach procedures to provide, to small

2 businesses, minority-owned businesses, and women-owned

3 businesses, information on participating in rebuilding

4 Iraq.

5 SEC. 1059. SENSE OF CONGRESS REGARDING CONTINU6 ATION OF MISSION AND FUNCTIONS OF ARMY

7 PEACEKEEPING INSTITUTE.

8 It is the sense of Congress that the Secretary of De9 fense should maintain the functions and missions of the

10 Army Peacekeeping Institute at the Army War College in

11 Carlisle, Pennsylvania, or within a joint entity of the De12 partment of Defense, such as the National Defense Uni13 versity or the Joint Forces Command, to ensure that

14 members of the Armed Forces continue to study the stra15 tegic challenges and uses of peacekeeping missions and to

16 prepare the Armed Forces for conducting such missions.

17 SEC. 1060. ASSESSMENT OF EFFECTS OF SPECIFIED STATU18 TORY LIMITATIONS ON THE GRANTING OF

19 SECURITY CLEARANCES.

20 Not later than 60 days after the date of the enact21 ment of this Act, the Secretary of Defense shall submit

22 to the Committee on Armed Services of the Senate and

23 the Committee on Armed Services of the House of Rep24 resentatives an assessment of the effects of the provisions

25 of section 986 of title 10, United States Code (relating
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1 to limitations on security clearances), on the granting (or

2 renewal) of security clearances for Department of Defense

3 personnel and defense contractor personnel. The assess4 ment shall review the affects of the disqualification factors

5 specified in subsection (c) of that section and shall include

6 such recommendations for legislation or administrative

7 steps as the Secretary considers necessary.

8 TITLE XI—DEPARTMENT OF

9 DEFENSE CIVILIAN PERSONNEL

10 Subtitle A—Department of Defense

11 Civilian Personnel Generally

12 SEC. 1101. MODIFICATION OF THE OVERTIME PAY CAP.

13 Section 5542(a)(2) of title 5, United States Code, is

14 amended—

15 (1) by inserting ‘‘the greater of’’ before ‘‘one

16 and one-half’’; and

17 (2) by inserting ‘‘or the hourly rate of basic pay

18 of the employee’’ after ‘‘law)’’ the second place it ap19 pears.

20 SEC. 1102. MILITARY LEAVE FOR MOBILIZED FEDERAL CI21 VILIAN EMPLOYEES.

22 (a) IN GENERAL.—Subsection (b) of section 6323 of

23 title 5, United States Code, is amended—

24 (1) in paragraph (2)—
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1 (A) by redesignating subparagraphs (A)

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

3 at the end of clause (ii), as so redesignated, by

4 inserting ‘‘or’’; and

5 (B) by inserting ‘‘(A)’’ after ‘‘(2)’’; and

6 (2) by inserting the following before the text be7 ginning with ‘‘is entitled’’:

8 ‘‘(B) performs full-time military service as a re9 sult of a call or order to active duty in support of

10 a contingency operation as defined in section

11 101(a)(13) of title 10;’’.

12 (b) EFFECTIVE DATE.—The amendments made by

13 subsection (a) shall apply to military service performed on

14 or after the date of the enactment of this Act.

15 SEC. 1103. COMMON OCCUPATIONAL AND HEALTH STAND16 ARDS FOR DIFFERENTIAL PAYMENTS AS A

17 CONSEQUENCE OF EXPOSURE TO ASBESTOS.

18 (a) PREVAILING RATE SYSTEMS.—Section

19 5343(c)(4) of title 5, United States Code, is amended by

20 inserting before the semicolon at the end the following:

21 ‘‘, and for any hardship or hazard related to asbestos, such

22 differentials shall be determined by applying occupational

23 safety and health standards consistent with the permis24 sible exposure limit promulgated by the Secretary of
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1 Labor under the Occupational Safety and Health Act of

2 1970’’.

3 (b) GENERAL SCHEDULE PAY RATES.—Section

4 5545(d) of such title is amended by inserting before the

5 period at the end of the first sentence the following: ‘‘,

6 and for any hardship or hazard related to asbestos, such

7 differentials shall be determined by applying occupational

8 safety and health standards consistent with the permis9 sible exposure limit promulgated by the Secretary of

10 Labor under the Occupational Safety and Health Act of

11 1970’’.

12 (c) APPLICABILITY.—Subject to any vested constitu13 tional property rights, any administrative or judicial deter14 mination after the date of enactment of this Act con15 cerning backpay for a differential established under sec16 tions 5343(c)(4) or 5545(d) of such title shall be based

17 on occupational safety and health standards described in

18 the amendments made by subsections (a) and (b).

19 SEC. 1104. INCREASE IN ANNUAL STUDENT LOAN REPAY20 MENT AUTHORITY.

21 Section 5379(b)(2)(A) of title 5, United States Code,

22 is amended by striking ‘‘$6,000’’ and inserting

23 ‘‘$10,000’’.
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1 SEC. 1105. AUTHORIZATION FOR CABINET SECRETARIES,

2 SECRETARIES OF MILITARY DEPARTMENTS,

3 AND HEADS OF EXECUTIVE AGENCIES TO BE

4 PAID ON A BIWEEKLY BASIS.

5 (a) AUTHORIZATION.—Section 5504 of title 5, United

6 States Code, is amended—

7 (1) by redesignating subsection (c) as sub8 section (d);

9 (2) by striking the last sentence of both sub10 section (a) and subsection (b); and

11 (3) by inserting after subsection (b) the fol12 lowing:

13 ‘‘(c) For the purposes of this section:

14 ‘‘(1) The term ‘employee’ means—

15 ‘‘(A) an employee in or under an Executive

16 agency;

17 ‘‘(B) an employee in or under the Office of

18 the Architect of the Capitol, the Botanic Gar19 den, and the Library of Congress, for whom a

20 basic administrative workweek is established

21 under section 6101(a)(5) of this title; and

22 ‘‘(C) an individual employed by the govern23 ment of the District of Columbia.

24 ‘‘(2) The term ‘employee’ does not include—
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1 ‘‘(A) an employee on the Isthmus of Pan2 ama in the service of the Panama Canal Com3 mission; or

4 ‘‘(B) an employee or individual excluded

5 from the definition of employee in section

6 5541(2) of this title other than an employee or

7 individual excluded by clauses (ii), (iii), and

8 (xiv) through (xvii) of such section.

9 ‘‘(3) Notwithstanding paragraph (2), an indi10 vidual who otherwise would be excluded from the

11 definition of employee shall be deemed to be an em12 ployee for purposes of this section if the individual’s

13 employing agency so elects, under guidelines in regu14 lations promulgated by the Office of Personnel Man15 agement under subsection (d)(2).’’.

16 (b) GUIDELINES.—Subsection (d) of section 5504 of

17 such title, as redesignated by subsection (a), is amended—

18 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

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

20 paragraph:

21 ‘‘(2) The Office of Personnel Management shall pro22 vide guidelines by regulation for exemptions to be made

23 by the heads of agencies under subsection (c)(3). Such

24 guidelines shall provide for such exemptions only under

25 exceptional circumstances.’’.
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1 SEC. 1106. SENIOR EXECUTIVE SERVICE AND PERFORM2 ANCE.

3 (a) SENIOR EXECUTIVE PAY.—Chapter 53 of title 5,

4 United States Code, is amended—

5 (1) in section 5304—

6 (A) in subsection (g)(2)—

7 (i) in subparagraph (A) by striking

8 ‘‘subparagraphs (A)–(E)’’ and inserting

9 ‘‘subparagraphs (A)–(D)’’; and

10 (ii) in subparagraph (B) by striking

11 ‘‘subsection (h)(1)(F)’’ and inserting ‘‘sub12 section (h)(1)(D)’’;

13 (B) in subsection (h)(1)—

14 (i) by striking subparagraphs (B) and

15 (C);

16 (ii) by redesignating subparagraphs

17 (D), (E), and (F) as subparagraphs (B),

18 (C), and (D), respectively;

19 (iii) in clause (ii) by striking ‘‘or’’ at

20 the end;

21 (iv) in clause (iii) by striking the pe22 riod and inserting a semicolon; and

23 (v) by adding at the end the following

24 new clauses:

25 ‘‘(iv) a Senior Executive Service position under

26 section 3132;
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1 ‘‘(v) a position in the Federal Bureau of Inves2 tigation and Drug Enforcement Administration Sen3 ior Executive Service under section 3151; or

4 ‘‘(vi) a position in a system equivalent to the

5 system in clause (iv), as determined by the Presi6 dent’s Pay Agent designated under subsection (d).’’;

7 and

8 (C) in subsection (h)(2)(B)—

9 (i) in clause (i)—

10 (I) by striking ‘‘subparagraphs

11 (A) through (E)’’ and inserting ‘‘sub12 paragraphs (A) through (C)’’; and

13 (II) by striking ‘‘clause (i) or

14 (ii)’’ and inserting ‘‘clause (i), (ii),

15 (iii), (iv), (v), or (vii)’’; and

16 (ii) in clause (ii)—

17 (I) by striking ‘‘paragraph

18 (1)(F)’’ and inserting ‘‘paragraph

19 (1)(D)’’; and

20 (II) by striking ‘‘clause (i) or

21 (ii)’’ and inserting ‘‘clause (i), (ii),

22 (iii), (iv), (v), or (vi)’’;

23 (2) by amending section 5382 to read as fol24 lows:
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1 ‘‘§ 5382. Establishment of rates of pay for the Senior

2 Executive Service

3 ‘‘(a) Subject to regulations prescribed by the Office

4 of Personnel Management, there shall be established a

5 range of rates of basic pay for the Senior Executive Serv6 ice, and each senior executive shall be paid at one of the

7 rates within the range, based on individual performance,

8 contribution to the agency’s performance, or both, as de9 termined under a rigorous performance management sys10 tem. The lowest rate of the range shall not be less than

11 the minimum rate of basic pay payable under section

12 5376, and the highest rate, for any position under this

13 system or an equivalent system as determined by the

14 President’s Pay Agent designated under section 5304(d),

15 shall not exceed the rate for level III of the Executive

16 Schedule. The payment of the rates shall not be subject

17 to the pay limitation of section 5306(e) or 5373.

18 ‘‘(b) Notwithstanding the provisions of subsection

19 (a), the applicable maximum shall be level II of the Execu20 tive Schedule for any agency that is certified under section

21 5307 as having a performance appraisal system which, as

22 designed and applied, makes meaningful distinctions

23 based on relative performance.

24 ‘‘(c) No employee may suffer a reduction in pay by

25 reason of transfer from an agency with an applicable max26 imum rate of pay prescribed under subsection (b) to an
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1 agency with an applicable maximum rate of pay prescribed

2 under subsection (a).’’; and

3 (3) in section 5383—

4 (A) in subsection (a) by striking ‘‘which of

5 the rates established under section 5382 of this

6 title’’ and inserting ‘‘which of the rates within

7 a range established under section 5382’’; and

8 (B) in subsection (c) by striking ‘‘for any

9 pay adjustment under section 5382 of this

10 title’’ and inserting ‘‘as provided in regulations

11 prescribed by the Office under section 5385’’.

12 (b) POST-EMPLOYMENT RESTRICTIONS.—(1) Clause

13 (ii) of section 207(c)(2)(A) of title 18, United States Code

14 is amended to read as follows:

15 ‘‘(ii) employed in a position which is not

16 referred to in clause (i) and for which that per17 son is paid at a rate of basic pay which is equal

18 to or greater than 96 percent of the rate of

19 basic pay for level II of the Executive Schedule,

20 or, for a period of 2 years following the enact21 ment of the National Defense Authorization Act

22 for Fiscal Year 2004, a person who, on the day

23 prior to the enactment of that Act, was em24 ployed in a position which is not referred to in

25 clause (i) and for which the rate of basic pay,
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1 exclusive of any locality-based pay adjustment

2 under section 5304 or section 5304a of title 5,

3 was equal to or greater than the rate of basic

4 pay payable for level 5 of the Senior Executive

5 Service on the day prior to the enactment of

6 that Act,’’.

7 (2) Subchapter I of chapter 73 of title 5, United

8 States Code, is amended by inserting at the end the fol9 lowing new section:

10 ‘‘§ 7302. Post-employment notification

11 ‘‘(a) Not later than the effective date of the amend12 ments made by section 1106 of the National Defense Au13 thorization Act for Fiscal Year 2004, or 180 days after

14 the date of enactment of that Act, whichever is later, the

15 Office of Personnel Management shall, in consultation

16 with the Attorney General and the Office of Government

17 Ethics, promulgate regulations requiring that each Execu18 tive branch agency notify any employee of that agency who

19 is subject to the provisions of section 207(c)(1) of title

20 18, as a result of the amendment to section

21 207(c)(2)(A)(ii) of that title by that Act.

22 ‘‘(b) The regulations shall require that notice be given

23 before, or as part of, the action that affects the employee’s

24 coverage under section 207(c)(1) of title 18, by virtue of

25 the provisions of section 207(c)(2)(A)(ii) of that title, and
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1 again when employment or service in the covered position

2 is terminated.’’.

3 (3) The table of sections for chapter 73 of title 5,

4 United States Code, is amended by adding after the item

5 relating to section 7301 the following:

‘‘7302. Post-employment notification.’’.

6 (c) EFFECTIVE DATE AND APPLICABILITY.—(1) The

7 amendments made by this section shall take effect on the

8 first day of the first pay period beginning on or after the

9 first January 1 following the date of enactment of this

10 section.

11 (2) The amendments made by subsection (a) may not

12 result in a reduction in the rate of basic pay for any senior

13 executive during the first year after the effective date of

14 those amendments.

15 (3) For the purposes of paragraph (2), the rate of

16 basic pay for a senior executive shall be deemed to be the

17 rate of basic pay set for the senior executive under section

18 5383 of title 5, United States Code, plus applicable local19 ity pay paid to that senior executive, as of the date of

20 enactment of this Act.

21 SEC. 1107. DESIGN ELEMENTS OF PAY-FOR-PERFORMANCE

22 SYSTEMS IN DEMONSTRATION PROJECTS.

23 A pay-for-performance system may not be initiated

24 under chapter 47 of title 5, United States Code, after the
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1 date of enactment of this Act, unless it incorporates the

2 following elements:

3 (1) adherence to merit principles set forth in

4 section 2301 of such title;

5 (2) a fair, credible, and transparent employee

6 performance appraisal system;

7 (3) a link between elements of the pay-for-per8 formance system, the employee performance ap9 praisal system, and the agency’s strategic plan;

10 (4) a means for ensuring employee involvement

11 in the design and implementation of the system;

12 (5) adequate training and retraining for super13 visors, managers, and employees in the implementa14 tion and operation of the pay-for-performance sys15 tem;

16 (6) a process for ensuring ongoing performance

17 feedback and dialogue between supervisors, man18 agers, and employees throughout the appraisal pe19 riod, and setting timetables for review;

20 (7) effective safeguards to ensure that the man21 agement of the system is fair and equitable and

22 based on employee performance; and

23 (8) a means for ensuring that adequate agency

24 resources are allocated for the design, implementa-
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1 tion, and administration of the pay-for-performance

2 system.

3 SEC. 1108. FEDERAL FLEXIBLE BENEFITS PLAN ADMINIS4 TRATIVE COSTS.

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, an agency or other employing entity of the

7 Government which provides or plans to provide a flexible

8 spending account option for its employees shall not impose

9 any fee with respect to any of its employees in order to

10 defray the administrative costs associated therewith.

11 (b) OFFSET OF ADMINISTRATIVE COSTS.—Each such

12 agency or employing entity that offers a flexible spending

13 account option under a program established or adminis14 tered by the Office of Personnel Management shall peri15 odically forward to such Office, or entity designated by

16 such Office, the amount necessary to offset the adminis17 trative costs of such program which are attributable to

18 such agency.

19 (c) REPORTS.—(1) The Office shall submit a report

20 to the Committee on Government Reform of the House

21 of Representatives and the Committee on Governmental

22 Affairs of the Senate no later than March 31, 2004, speci23 fying the administrative costs associated with the Govern24 mentwide program (referred to in subsection (b)) for fiscal
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1 year 2003, as well as the projected administrative costs

2 of such program for each of the 5 fiscal years thereafter.

3 (2) At the end of each of the first 3 calendar years

4 in which an agency or other employing entity offers a flexi5 ble spending account option under this section, such agen6 cy or entity shall submit a report to the Office of Manage7 ment and Budget showing the amount of its employment

8 tax savings in such year which are attributable to such

9 option, net of administrative fees paid under section (b).

10 SEC. 1109. CLARIFICATION OF HATCH ACT.

11 No Federal employee or individual who, before the

12 date of the enactment of this Act, was employed in the

13 Office of the Department of Defense Inspector General

14 and transferred to a Special Court sponsored by the

15 United Nations pursuant to the authority described in sec16 tion 3582(a) of title 5, United States Code, shall be sub17 ject to enforcement of the provisions of section 7326 of

18 such title, except that this section shall not apply in the

19 event that such employee or individual subsequently be20 comes reemployed in the civil service.

21 SEC. 1110. EMPLOYEE SURVEYS.

22 (a) IN GENERAL.—Each agency shall conduct an an23 nual survey of its employees (including survey questions

24 unique to the agency and questions prescribed under sub25 section (b)) to assess—
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1 (1) leadership and management practices that

2 contribute to agency performance; and

3 (2) employee satisfaction with—

4 (A) leadership policies and practices;

5 (B) work environment;

6 (C) rewards and recognition for profes7 sional accomplishment and personal contribu8 tions to achieving organizational mission;

9 (D) opportunity for professional develop10 ment and growth; and

11 (E) opportunity to contribute to achieving

12 organizational mission.

13 (b) REGULATIONS.—The Office of Personnel Man14 agement shall issue regulations prescribing survey ques15 tions that should appear on all agency surveys under sub16 section (a) in order to allow a comparison across agencies.

17 (c) AVAILABILITY OF RESULTS.—The results of the

18 agency surveys under subsection (a) shall be made avail19 able to the public and posted on the website of the agency

20 involved, unless the head of such agency determines that

21 doing so would jeopardize or negatively impact national

22 security.

23 (d) AGENCY DEFINED.—For purposes of this section,

24 the term ‘‘agency’’ means an Executive agency (as defined

25 by section 105 of title 5, United States Code).
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1 SEC. 1111. HUMAN CAPITAL PERFORMANCE FUND.

2 (a) IN GENERAL.—Subpart D of part III of title 5,

3 United States Code, is amended by inserting after chapter

4 53 the following:

5 ‘‘CHAPTER 54—HUMAN CAPITAL

6 PERFORMANCE FUND

‘‘Sec.

‘‘5401. Purpose.

‘‘5402. Definitions.

‘‘5403. Human Capital Performance Fund.

‘‘5404. Human capital performance payments.

‘‘5405. Regulations.

‘‘5406. Agency plan.

‘‘5407. Nature of payment.

‘‘5408. Appropriations.

7 ‘‘§ 5401. Purpose

8 ‘‘The purpose of this chapter is to promote, through

9 the creation of a Human Capital Performance Fund,

10 greater performance in the Federal Government. Monies

11 from the Fund will be used to reward agencies’ highest

12 performing and most valuable employees. This Fund will

13 offer Federal managers a new tool to recognize employee

14 performance that is critical to the achievement of agency

15 missions.

16 ‘‘§ 5402. Definitions

17 ‘‘For the purpose of this chapter—

18 ‘‘(1) ‘agency’ means an Executive agency under

19 section 105, but does not include the General Ac20 counting Office;

21 ‘‘(2) ‘employee’ includes—
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1 ‘‘(A) an individual paid under a statutory

2 pay system defined in section 5302(1);

3 ‘‘(B) a prevailing rate employee, as defined

4 in section 5342(a)(2); and

5 ‘‘(C) a category of employees included by

6 the Office of Personnel Management following

7 the review of an agency plan under section

8 5403(b)(1);

9 but does not include—

10 ‘‘(i) an individual paid at an annual rate of

11 basic pay for a level of the Executive Schedule,

12 under subchapter II of chapter 53, or at a rate

13 provided for one of those levels under another

14 provision of law;

15 ‘‘(ii) a member of the Senior Executive

16 Service paid under subchapter VIII of chapter

17 53, or an equivalent system;

18 ‘‘(iii) an administrative law judge paid

19 under section 5372;

20 ‘‘(iv) a contract appeals board member

21 paid under section 5372a;

22 ‘‘(v) an administrative appeals judge paid

23 under section 5372b; and

24 ‘‘(vi) an individual in a position which is

25 excepted from the competitive service because of
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1 its confidential, policy-determining, policy-mak2 ing, or policy-advocating character; and

3 ‘‘(3) ‘Office’ means the Office of Personnel

4 Management.

5 ‘‘§ 5403. Human Capital Performance Fund

6 ‘‘(a) There is hereby established the Human Capital

7 Performance Fund, to be administered by the Office for

8 the purpose of this chapter.

9 ‘‘(b)(1)(A) An agency shall submit a plan as de10 scribed in section 5406 to be eligible for consideration by

11 the Office for an allocation under this section. An alloca12 tion shall be made only upon approval by the Office of

13 an agency’s plan.

14 ‘‘(B)(i) After the reduction for training required

15 under section 5408, ninety percent of the remaining

16 amount appropriated to the Fund may be allocated by the

17 Office to the agencies. Of the amount to be allocated, an

18 agency’s pro rata distribution may not exceed its pro rata

19 share of Executive branch payroll.

20 ‘‘(ii) If the Office does not allocate an agency’s full

21 pro rata share, the undistributed amount remaining from

22 that share will become available for distribution to other

23 agencies, as provided in subparagraph (C).

24 ‘‘(C)(i) After the reduction for training under section

25 5408, ten percent of the remaining amount appropriated
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1 to the Fund, as well as the amount of the pro rata share

2 not distributed because of an agency’s failure to submit

3 a satisfactory plan, shall be allocated among agencies with

4 exceptionally high-quality plans.

5 ‘‘(ii) An agency with an exceptionally high-quality

6 plan is eligible to receive an additional distribution in addi7 tion to its full pro rata distribution.

8 ‘‘(2) Each agency is required to provide to the Office

9 such payroll information as the Office specifies necessary

10 to determine the Executive branch payroll.

11 ‘‘§ 5404. Human capital performance payments

12 ‘‘(a)(1) Notwithstanding any other provision of law,

13 the Office may authorize an agency to provide human cap14 ital performance payments to individual employees based

15 on exceptional performance contributing to the achieve16 ment of the agency mission.

17 ‘‘(2) The number of employees in an agency receiving

18 payments from the Fund, in any year, shall not be more

19 than the number equal to 15 percent of the agency’s aver20 age total civilian full- and part-time permanent employ21 ment for the previous fiscal year.

22 ‘‘(b)(1) A human capital performance payment pro23 vided to an individual employee from the Fund, in any

24 year, shall not exceed 10 percent of the employee’s rate

25 of basic pay.
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1 ‘‘(2) The aggregate of an employee’s rate of basic

2 pay, adjusted by any locality-based comparability pay3 ments, and human capital performance pay, as defined by

4 regulation, may not exceed the rate of basic pay for Execu5 tive Level IV in any year.

6 ‘‘(3) Any human capital performance payment pro7 vided to an employee from the Fund is in addition to any

8 annual pay adjustment (under section 5303 or any similar

9 provision of law) and any locality-based comparability pay10 ment that may apply.

11 ‘‘(c) No monies from the Human Capital Perform12 ance Fund may be used to pay for a new position, for

13 other performance-related payments, or for recruitment or

14 retention incentives paid under sections 5753 and 5754.

15 ‘‘(d)(1) An agency may finance initial human capital

16 performance payments using monies from the Human

17 Capital Performance Fund, as available.

18 ‘‘(2) In subsequent years, continuation of previously

19 awarded human capital performance payments shall be fi20 nanced from other agency funds available for salaries and

21 expenses.

22 ‘‘§ 5405. Regulations

23 ‘‘The Office shall issue such regulations as it deter24 mines to be necessary for the administration of this chap-
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1 ter, including the administration of the Fund. The Office’s

2 regulations shall include criteria governing—

3 ‘‘(1) an agency plan under section 5406;

4 ‘‘(2) the allocation of monies from the Fund to

5 agencies;

6 ‘‘(3) the nature, extent, duration, and adjust7 ment of, and approval processes for, payments to in8 dividual employees under this chapter;

9 ‘‘(4) the relationship to this chapter of agency

10 performance management systems;

11 ‘‘(5) training of supervisors, managers, and

12 other individuals involved in the process of making

13 performance distinctions; and

14 ‘‘(6) the circumstances under which funds may

15 be allocated by the Office to an agency in amounts

16 below or in excess of the agency’s pro rata share.

17 ‘‘§ 5406. Agency plan

18 ‘‘(a) To be eligible for consideration by the Office for

19 an allocation under this section, an agency shall—

20 ‘‘(1) develop a plan that incorporates the fol21 lowing elements:

22 ‘‘(A) adherence to merit principles set

23 forth in section 2301;

24 ‘‘(B) a fair, credible, and transparent em25 ployee performance appraisal system;
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1 ‘‘(C) a link between the pay-for-perform2 ance system, the employee performance ap3 praisal system, and the agency’s strategic plan;

4 ‘‘(D) a means for ensuring employee in5 volvement in the design and implementation of

6 the system;

7 ‘‘(E) adequate training and retraining for

8 supervisors, managers, and employees in the

9 implementation and operation of the pay-for10 performance system;

11 ‘‘(F) a process for ensuring ongoing per12 formance feedback and dialogue between super13 visors, managers, and employees throughout the

14 appraisal period, and setting timetables for re15 view;

16 ‘‘(G) effective safeguards to ensure that

17 the management of the system is fair and equi18 table and based on employee performance; and

19 ‘‘(H) a means for ensuring that adequate

20 agency resources are allocated for the design,

21 implementation, and administration of the pay22 for-performance system;

23 ‘‘(2) upon approval, receive an allocation of

24 funding from the Office;
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1 ‘‘(3) make payments to individual employees in

2 accordance with the agency’s approved plan; and

3 ‘‘(4) provide such information to the Office re4 garding payments made and use of funds received

5 under this section as the Office may specify.

6 ‘‘(b) The Office, in consultation with the Chief

7 Human Capital Officers Council, shall review and approve

8 an agency’s plan before the agency is eligible to receive

9 an allocation of funding from the Office.

10 ‘‘(c) The Chief Human Capital Officers Council shall

11 include in its annual report to Congress under section

12 1303(d) of the Homeland Security Act of 2002 an evalua13 tion of the formulation and implementation of agency per14 formance management systems.

15 ‘‘§ 5407. Nature of payment

16 ‘‘Any payment to an employee under this section shall

17 be part of the employee’s basic pay for the purposes of

18 subchapter III of chapter 83, and chapters 84 and 87,

19 and for such other purposes (other than chapter 75) as

20 the Office shall determine by regulation.

21 ‘‘§ 5408. Appropriations

22 ‘‘There is authorized to be appropriated

23 $500,000,000 for fiscal year 2004, and, for each subse24 quent fiscal year, such sums as may be necessary to carry

25 out the provisions of this chapter. In the first year of im-
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1 plementation, up to 10 percent of the amount appro2 priated to the Fund shall be available to participating

3 agencies to train supervisors, managers, and other individ4 uals involved in the appraisal process on using perform5 ance management systems to make meaningful distinc6 tions in employee performance and on the use of the

7 Fund.’’.

8 (b) CLERICAL AMENDMENT.—The table of chapters

9 for part III of title 5, United States Code, is amended

10 by inserting after the item relating to chapter 53 the fol11 lowing:

‘‘54. Human Capital Performance Fund ........................................... 5401’’.

12 Subtitle B—Department of Defense

13 National Security Personnel

14 System

15 SEC. 1121. DEPARTMENT OF DEFENSE NATIONAL SECURITY

16 PERSONNEL SYSTEM.

17 (a) IN GENERAL.—(1) Subpart I of part III of title

18 5, United States Code, is amended by adding at the end

19 the following new chapter:

20 ‘‘CHAPTER 99—DEPARTMENT OF DEFENSE

21 NATIONAL SECURITY PERSONNEL SYSTEM

‘‘Sec.

‘‘9901. Definitions.

‘‘9902. Establishment of human resources management system.

‘‘9903. Attracting highly qualified experts.

‘‘9904. Employment of older Americans.
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‘‘9905. Special pay and benefits for certain employees outside the United

States.

1 ‘‘§ 9901. Definitions

2 ‘‘For purposes of this chapter—

3 ‘‘(1) the term ‘Director’ means the Director of

4 the Office of Personnel Management; and

5 ‘‘(2) the term ‘Secretary’ means the Secretary

6 of Defense.

7 ‘‘§ 9902. Establishment of human resources manage8 ment system

9 ‘‘(a) IN GENERAL.—Notwithstanding any other pro10 vision of this part, the Secretary may, in regulations pre11 scribed jointly with the Director, establish, and from time

12 to time adjust, a human resources management system for

13 some or all of the organizational or functional units of the

14 Department of Defense. If the Secretary certifies that

15 issuance or adjustment of a regulation, or the inclusion,

16 exclusion, or modification of a particular provision therein,

17 is essential to the national security, the Secretary may,

18 subject to the decision of the President, waive the require19 ment in the preceding sentence that the regulation or ad20 justment be issued jointly with the Director.

21 ‘‘(b) SYSTEM REQUIREMENTS.—Any system estab22 lished under subsection (a) shall—

23 ‘‘(1) be flexible;

24 ‘‘(2) be contemporary;
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1 ‘‘(3) not waive, modify, or otherwise affect—

2 ‘‘(A) the public employment principles of

3 merit and fitness set forth in section 2301, in4 cluding the principles of hiring based on merit,

5 fair treatment without regard to political affili6 ation or other nonmerit considerations, equal

7 pay for equal work, and protection of employees

8 against reprisal for whistleblowing;

9 ‘‘(B) any provision of section 2302, relat10 ing to prohibited personnel practices;

11 ‘‘(C)(i) any provision of law referred to in

12 section 2302(b)(1), (8), and (9); or

13 ‘‘(ii) any provision of law implementing

14 any provision of law referred to in section

15 2302(b)(1), (8), and (9) by—

16 ‘‘(I) providing for equal employment

17 opportunity through affirmative action; or

18 ‘‘(II) providing any right or remedy

19 available to any employee or applicant for

20 employment in the public service;

21 ‘‘(D) any other provision of this part (as

22 described in subsection (c)); or

23 ‘‘(E) any rule or regulation prescribed

24 under any provision of law referred to in this

25 paragraph;
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1 ‘‘(4) ensure that employees may organize, bar2 gain collectively as provided for in this chapter, and

3 participate through labor organizations of their own

4 choosing in decisions which affect them, subject to

5 the provisions of this chapter and any exclusion from

6 coverage or limitation on negotiability established

7 pursuant to law;

8 ‘‘(5) not be limited by any specific law or au9 thority under this title that is waivable under this

10 chapter or by any provision of this chapter or any

11 rule or regulation prescribed under this title that is

12 waivable under this chapter, except as specifically

13 provided for in this section; and

14 ‘‘(6) include a performance management system

15 that incorporates the following elements:

16 ‘‘(A) adherence to merit principles set

17 forth in section 2301;

18 ‘‘(B) a fair, credible, and transparent em19 ployee performance appraisal system;

20 ‘‘(C) a link between the performance man21 agement system and the agency’s strategic

22 plan;

23 ‘‘(D) a means for ensuring employee in24 volvement in the design and implementation of

25 the system;
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1 ‘‘(E) adequate training and retraining for

2 supervisors, managers, and employees in the

3 implementation and operation of the perform4 ance management system;

5 ‘‘(F) a process for ensuring ongoing per6 formance feedback and dialogue between super7 visors, managers, and employees throughout the

8 appraisal period, and setting timetables for re9 view;

10 ‘‘(G) effective safeguards to ensure that

11 the management of the system is fair and equi12 table and based on employee performance; and

13 ‘‘(H) a means for ensuring that adequate

14 agency resources are allocated for the design,

15 implementation, and administration of the per16 formance management system.

17 ‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The other

18 provisions of this part referred to in subsection (b)(3)(D)

19 are (to the extent not otherwise specified in this title)—

20 ‘‘(1) subparts A, B, E, G, and H of this part;

21 and

22 ‘‘(2) chapters 41, 45, 47, 55 (except subchapter

23 V thereof), 57, 59, 72, 73, and 79, and this chapter.

24 ‘‘(d) LIMITATIONS RELATING TO PAY.—(1) Nothing

25 in this section shall constitute authority to modify the pay
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1 of any employee who serves in an Executive Schedule posi2 tion under subchapter II of chapter 53 of this title.

3 ‘‘(2) Except as provided for in paragraph (1), the

4 total amount in a calendar year of allowances, differen5 tials, bonuses, awards, or other similar cash payments

6 paid under this title to any employee who is paid under

7 section 5376 or 5383 of this title or under title 10 or

8 under other comparable pay authority established for pay9 ment of Department of Defense senior executive or equiva10 lent employees may not exceed the total annual compensa11 tion payable to the Vice President under section 104 of

12 title 3.

13 ‘‘(3) To the maximum extent practicable, the rates

14 of compensation for civilian employees at the Department

15 of Defense shall be adjusted at the same rate, and in the

16 same proportion, as are rates of compensation for mem17 bers of the uniformed services.

18 ‘‘(e) PROVISIONS TO ENSURE COLLABORATION WITH

19 EMPLOYEE REPRESENTATIVES.—(1) In order to ensure

20 that the authority of this section is exercised in collabora21 tion with, and in a manner that ensures the participation

22 of, employee representatives in the planning, development,

23 and implementation of any human resources management

24 system or adjustments to such system under this section,
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1 the Secretary and the Director shall provide for the fol2 lowing:

3 ‘‘(A) The Secretary and the Director shall, with

4 respect to any proposed system or adjustment—

5 ‘‘(i) provide to the employee representa6 tives representing any employees who might be

7 affected a written description of the proposed

8 system or adjustment (including the reasons

9 why it is considered necessary);

10 ‘‘(ii) give such representatives at least 30

11 calendar days (unless extraordinary cir12 cumstances require earlier action) to review and

13 make recommendations with respect to the pro14 posal; and

15 ‘‘(iii) give any recommendations received

16 from such representatives under clause (ii) full

17 and fair consideration in deciding whether or

18 how to proceed with the proposal.

19 ‘‘(B) Following receipt of recommendations, if

20 any, from such employee representatives with re21 spect to a proposal described in subparagraph (A),

22 the Secretary and the Director shall accept such

23 modifications to the proposal in response to the rec24 ommendations as they determine advisable and shall,
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1 with respect to any parts of the proposal as to which

2 they have not accepted the recommendations—

3 ‘‘(i) notify Congress of those parts of the

4 proposal, together with the recommendations of

5 the employee representatives;

6 ‘‘(ii) meet and confer for not less than 30

7 calendar days with the employee representa8 tives, in order to attempt to reach agreement on

9 whether or how to proceed with those parts of

10 the proposal; and

11 ‘‘(iii) at the Secretary’s option, or if re12 quested by a majority of the employee rep13 resentatives participating, use the services of

14 the Federal Mediation and Conciliation Service

15 during such meet and confer period to facilitate

16 the process of attempting to reach agreement.

17 ‘‘(C)(i) Any part of the proposal as to which the

18 representatives do not make a recommendation, or

19 as to which the recommendations are accepted by

20 the Secretary and the Director, may be implemented

21 immediately.

22 ‘‘(ii) With respect to any parts of the proposal

23 as to which recommendations have been made but

24 not accepted by the Secretary and the Director, at

25 any time after 30 calendar days have elapsed since
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1 the initiation of the congressional notification, con2 sultation, and mediation procedures set forth in sub3 paragraph (B), if the Secretary, in his discretion,

4 determines that further consultation and mediation

5 is unlikely to produce agreement, the Secretary may

6 implement any or all of such parts (including any

7 modifications made in response to the recommenda8 tions as the Secretary determines advisable), but

9 only after 30 days have elapsed after notifying Con10 gress of the decision to implement the part or parts

11 involved (as so modified, if applicable).

12 ‘‘(iii) The Secretary shall notify Congress

13 promptly of the implementation of any part of the

14 proposal and shall furnish with such notice an expla15 nation of the proposal, any changes made to the pro16 posal as a result of recommendations from the em17 ployee representatives, and of the reasons why im18 plementation is appropriate under this subpara19 graph.

20 ‘‘(D) If a proposal described in subparagraph

21 (A) is implemented, the Secretary and the Director

22 shall—

23 ‘‘(i) develop a method for the employee

24 representatives to participate in any further
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1 planning or development which might become

2 necessary; and

3 ‘‘(ii) give the employee representatives ade4 quate access to information to make that par5 ticipation productive.

6 ‘‘(2) The Secretary may, at the Secretary’s discre7 tion, engage in any and all collaboration activities de8 scribed in this subsection at an organizational level above

9 the level of exclusive recognition.

10 ‘‘(3) In the case of any employees who are not within

11 a unit with respect to which a labor organization is ac12 corded exclusive recognition, the Secretary and the Direc13 tor may develop procedures for representation by any ap14 propriate organization which represents a substantial per15 centage of those employees or, if none, in such other man16 ner as may be appropriate, consistent with the purposes

17 of this subsection.

18 ‘‘(f) PROVISIONS REGARDING NATIONAL LEVEL

19 BARGAINING.—(1) Any human resources management

20 system implemented or modified under this chapter may

21 include employees of the Department of Defense from any

22 bargaining unit with respect to which a labor organization

23 has been accorded exclusive recognition under chapter 71

24 of this title.
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1 ‘‘(2) For any bargaining unit so included under para2 graph (1), the Secretary may bargain at an organizational

3 level above the level of exclusive recognition. Any such bar4 gaining shall—

5 ‘‘(A) be binding on all subordinate bargaining

6 units at the level of recognition and their exclusive

7 representatives, and the Department of Defense and

8 its subcomponents, without regard to levels of rec9 ognition;

10 ‘‘(B) supersede all other collective bargaining

11 agreements, including collective bargaining agree12 ments negotiated with an exclusive representative at

13 the level of recognition, except as otherwise deter14 mined by the Secretary;

15 ‘‘(C) not be subject to further negotiations for

16 any purpose, including bargaining at the level of rec17 ognition, except as provided for by the Secretary;

18 and

19 ‘‘(D) except as otherwise specified in this chap20 ter, not be subject to review or to statutory third21 party dispute resolution procedures outside the De22 partment of Defense.

23 ‘‘(3) The National Guard Bureau and the Army and

24 Air Force National Guard are excluded from coverage

25 under this subsection.
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1 ‘‘(4) Any bargaining completed pursuant to this sub2 section with a labor organization not otherwise having na3 tional consultation rights with the Department of Defense

4 or its subcomponents shall not create any obligation on

5 the Department of Defense or its subcomponents to confer

6 national consultation rights on such a labor organization.

7 ‘‘(g) PROVISIONS RELATING TO APPELLATE PROCE8 DURES.—(1) The Secretary shall—

9 ‘‘(A) establish an appeals process that provides

10 that employees of the Department of Defense are

11 entitled to fair treatment in any appeals that they

12 bring in decisions relating to their employment; and

13 ‘‘(B) in prescribing regulations for any such ap14 peals process—

15 ‘‘(i) ensure that employees of the Depart16 ment of Defense are afforded the protections of

17 due process; and

18 ‘‘(ii) toward that end, be required to con19 sult with the Merit Systems Protection Board

20 before issuing any such regulations.

21 ‘‘(2) Any regulations establishing the appeals process

22 required by paragraph (1) that relate to any matters with23 in the purview of chapter 77 shall—

24 ‘‘(A) provide for an independent review panel,

25 appointed by the President, which shall not include
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1 the Secretary or the Deputy Secretary of Defense or

2 any of their subordinates;

3 ‘‘(B) be issued only after—

4 ‘‘(i) notification to the appropriate commit5 tees of Congress; and

6 ‘‘(ii) consultation with the Merit Systems

7 Protection Board and the Equal Employment

8 Opportunity Commission;

9 ‘‘(C) ensure the availability of procedures

10 that—

11 ‘‘(i) are consistent with requirements of

12 due process; and

13 ‘‘(ii) provide, to the maximum extent prac14 ticable, for the expeditious handling of any mat15 ters involving the Department of Defense; and

16 ‘‘(D) modify procedures under chapter 77 only

17 insofar as such modifications are designed to further

18 the fair, efficient, and expeditious resolution of mat19 ters involving the employees of the Department of

20 Defense.

21 ‘‘(h) PROVISIONS RELATED TO SEPARATION AND RE22 TIREMENT INCENTIVES.—(1) The Secretary may establish

23 a program within the Department of Defense under which

24 employees may be eligible for early retirement, offered sep25 aration incentive pay to separate from service voluntarily,
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1 or both. This authority may be used to reduce the number

2 of personnel employed by the Department of Defense or

3 to restructure the workforce to meet mission objectives

4 without reducing the overall number of personnel. This au5 thority is in addition to, and notwithstanding, any other

6 authorities established by law or regulation for such pro7 grams.

8 ‘‘(2) For purposes of this section, the term ‘employee’

9 means an employee of the Department of Defense, serving

10 under an appointment without time limitation, except that

11 such term does not include—

12 ‘‘(A) a reemployed annuitant under subchapter

13 III of chapter 83 or chapter 84 of this title, or an14 other retirement system for employees of the Fed15 eral Government;

16 ‘‘(B) an employee having a disability on the

17 basis of which such employee is or would be eligible

18 for disability retirement under any of the retirement

19 systems referred to in paragraph (1); or

20 ‘‘(C) for purposes of eligibility for separation

21 incentives under this section, an employee who is in

22 receipt of a decision notice of involuntary separation

23 for misconduct or unacceptable performance.

24 ‘‘(3) An employee who is at least 50 years of age and

25 has completed 20 years of service, or has at least 25 years
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1 of service, may, pursuant to regulations promulgated

2 under this section, apply and be retired from the Depart3 ment of Defense and receive benefits in accordance with

4 chapter 83 or 84 if the employee has been employed con5 tinuously within the Department of Defense for more than

6 30 days before the date on which the determination to con7 duct a reduction or restructuring within 1 or more Depart8 ment of Defense components is approved pursuant to the

9 program established under subsection (a).

10 ‘‘(4)(A) Separation pay shall be paid in a lump sum

11 or in installments and shall be equal to the lesser of—

12 ‘‘(i) an amount equal to the amount the em13 ployee would be entitled to receive under section

14 5595(c) of this title, if the employee were entitled to

15 payment under such section; or

16 ‘‘(ii) $25,000.

17 ‘‘(B) Separation pay shall not be a basis for payment,

18 and shall not be included in the computation, of any other

19 type of Government benefit. Separation pay shall not be

20 taken into account for the purpose of determining the

21 amount of any severance pay to which an individual may

22 be entitled under section 5595 of this title, based on any

23 other separation.

24 ‘‘(C) Separation pay, if paid in installments, shall

25 cease to be paid upon the recipient’s acceptance of employ-
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1 ment by the Federal Government, or commencement of

2 work under a personal services contract as described in

3 paragraph (5).

4 ‘‘(5)(A) An employee who receives separation pay

5 under such program may not be reemployed by the De6 partment of Defense for a 12-month period beginning on

7 the effective date of the employee’s separation, unless this

8 prohibition is waived by the Secretary on a case-by-case

9 basis.

10 ‘‘(B) An employee who receives separation pay under

11 this section on the basis of a separation occurring on or

12 after the date of the enactment of the Federal Workforce

13 Restructuring Act of 1994 (Public Law 103–236; 108

14 Stat. 111) and accepts employment with the Government

15 of the United States, or who commences work through a

16 personal services contract with the United States within

17 5 years after the date of the separation on which payment

18 of the separation pay is based, shall be required to repay

19 the entire amount of the separation pay to the Depart20 ment of Defense. If the employment is with an Executive

21 agency (as defined by section 105 of this title) other than

22 the Department of Defense, the Director may, at the re23 quest of the head of that agency, waive the repayment if

24 the individual involved possesses unique abilities and is the

25 only qualified applicant available for the position. If the
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1 employment is within the Department of Defense, the Sec2 retary may waive the repayment if the individual involved

3 is the only qualified applicant available for the position.

4 If the employment is with an entity in the legislative

5 branch, the head of the entity or the appointing official

6 may waive the repayment if the individual involved pos7 sesses unique abilities and is the only qualified applicant

8 available for the position. If the employment is with the

9 judicial branch, the Director of the Administrative Office

10 of the United States Courts may waive the repayment if

11 the individual involved possesses unique abilities and is the

12 only qualified applicant available for the position.

13 ‘‘(6) Under this program, early retirement and sepa14 ration pay may be offered only pursuant to regulations

15 established by the Secretary, subject to such limitations

16 or conditions as the Secretary may require.

17 ‘‘(i) PROVISIONS RELATING TO REEMPLOYMENT.—

18 If annuitant receiving an annuity from the Civil Service

19 Retirement and Disability Fund becomes employed in a

20 position within the Department of Defense, his annuity

21 shall continue. An annuitant so reemployed shall not be

22 considered an employee for purposes of chapter 83 or 84.

23 ‘‘(j) ADDITIONAL PROVISIONS RELATING TO PER24 SONNEL MANAGEMENT.—Notwithstanding subsection (c),

25 the Secretary may exercise authorities that would other-
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1 wise be available to the Secretary under paragraphs (1),

2 (3), and (8) of section 4703(a) of this title.

3 ‘‘§ 9903. Attracting highly qualified experts

4 ‘‘(a) IN GENERAL.—The Secretary may carry out a

5 program using the authority provided in subsection (b) in

6 order to attract highly qualified experts in needed occupa7 tions, as determined by the Secretary.

8 ‘‘(b) AUTHORITY.—Under the program, the Sec9 retary may—

10 ‘‘(1) appoint personnel from outside the civil

11 service and uniformed services (as such terms are

12 defined in section 2101 of this title) to positions in

13 the Department of Defense without regard to any

14 provision of this title governing the appointment of

15 employees to positions in the Department of De16 fense;

17 ‘‘(2) prescribe the rates of basic pay for posi18 tions to which employees are appointed under para19 graph (1) at rates not in excess of the maximum

20 rate of basic pay authorized for senior-level positions

21 under section 5376 of this title, as increased by lo22 cality-based comparability payments under section

23 5304 of this title, notwithstanding any provision of

24 this title governing the rates of pay or classification

25 of employees in the executive branch; and
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1 ‘‘(3) pay any employee appointed under para2 graph (1) payments in addition to basic pay within

3 the limits applicable to the employee under sub4 section (d).

5 ‘‘(c) LIMITATION ON TERM OF APPOINTMENT.—(1)

6 Except as provided in paragraph (2), the service of an em7 ployee under an appointment made pursuant to this sec8 tion may not exceed 5 years.

9 ‘‘(2) The Secretary may, in the case of a particular

10 employee, extend the period to which service is limited

11 under paragraph (1) by up to 1 additional year if the Sec12 retary determines that such action is necessary to promote

13 the Department of Defense’s national security missions.

14 ‘‘(d) LIMITATIONS ON ADDITIONAL PAYMENTS.—(1)

15 The total amount of the additional payments paid to an

16 employee under this section for any 12-month period may

17 not exceed the lesser of the following amounts:

18 ‘‘(A) $50,000 in fiscal year 2004, which may be

19 adjusted annually thereafter by the Secretary, with

20 a percentage increase equal to one-half of 1 percent21 age point less than the percentage by which the Em22 ployment Cost Index, published quarterly by the Bu23 reau of Labor Statistics, for the base quarter of the

24 year before the preceding calendar year exceeds the
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1 Employment Cost Index for the base quarter of the

2 second year before the preceding calendar year.

3 ‘‘(B) The amount equal to 50 percent of the

4 employee’s annual rate of basic pay.

5 For purposes of this paragraph, the term ‘base quarter’

6 has the meaning given such term by section 5302(3).

7 ‘‘(2) An employee appointed under this section is not

8 eligible for any bonus, monetary award, or other monetary

9 incentive for service except for payments authorized under

10 this section.

11 ‘‘(3) Notwithstanding any other provision of this sub12 section or of section 5307, no additional payments may

13 be paid to an employee under this section in any calendar

14 year if, or to the extent that, the employee’s total annual

15 compensation will exceed the maximum amount of total

16 annual compensation payable at the salary set in accord17 ance with section 104 of title 3.

18 ‘‘(e) SAVINGS PROVISIONS.—In the event that the

19 Secretary terminates this program, in the case of an em20 ployee who, on the day before the termination of the pro21 gram, is serving in a position pursuant to an appointment

22 under this section—

23 ‘‘(1) the termination of the program does not

24 terminate the employee’s employment in that posi25 tion before the expiration of the lesser of—
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1 ‘‘(A) the period for which the employee

2 was appointed; or

3 ‘‘(B) the period to which the employee’s

4 service is limited under subsection (c), including

5 any extension made under this section before

6 the termination of the program; and

7 ‘‘(2) the rate of basic pay prescribed for the po8 sition under this section may not be reduced as long

9 as the employee continues to serve in the position

10 without a break in service.

11 ‘‘§ 9904. Employment of older Americans

12 ‘‘(a) IN GENERAL.—Notwithstanding any other pro13 vision of law, the Secretary may appoint older Americans

14 into positions in the excepted service for a period not to

15 exceed 2 years, provided that—

16 ‘‘(1) any such appointment shall not result in—

17 ‘‘(A) the displacement of individuals cur18 rently employed by the Department of Defense

19 (including partial displacement through reduc20 tion of nonovertime hours, wages, or employ21 ment benefits); or

22 ‘‘(B) the employment of any individual

23 when any other person is in a reduction-in-force

24 status from the same or substantially equivalent

25 job within the Department of Defense; and
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1 ‘‘(2) the individual to be appointed is otherwise

2 qualified for the position, as determined by the Sec3 retary.

4 ‘‘(b) EFFECT ON EXISTING RETIREMENT BENE5 FITS.—Notwithstanding any other provision of law, an in6 dividual appointed pursuant to subsection (a) who other7 wise is receiving an annuity, pension, retired pay, or other

8 similar payment shall not have the amount of said annu9 ity, pension, or other similar payment reduced as a result

10 of such employment.

11 ‘‘(c) EXTENSION OF APPOINTMENT.—Notwith12 standing subsection (a), the Secretary may extend an ap13 pointment made pursuant to this section for up to an addi14 tional 2 years if the individual employee possesses unique

15 knowledge or abilities that are not otherwise available to

16 the Department of Defense.

17 ‘‘(d) DEFINITION.—For purposes of this section, the

18 term ‘older American’ means any citizen of the United

19 States who is at least 55 years of age.

20 ‘‘§ 9905. Special pay and benefits for certain employ21 ees outside the United States

22 ‘‘The Secretary may provide to certain civilian em23 ployees of the Department of Defense assigned to activi24 ties outside the United States as determined by the Sec25 retary to be in support of Department of Defense activities
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1 abroad hazardous to life or health or so specialized be2 cause of security requirements as to be clearly distinguish3 able from normal Government employment—

4 ‘‘(1) allowances and benefits—

5 ‘‘(A) comparable to those provided by the

6 Secretary of State to members of the Foreign

7 Service under chapter 9 of title I of the Foreign

8 Service Act of 1980 (Public Law 96–465, 22

9 U.S.C. 4081 et seq.) or any other provision of

10 law; or

11 ‘‘(B) comparable to those provided by the

12 Director of Central Intelligence to personnel of

13 the Central Intelligence Agency; and

14 ‘‘(2) special retirement accrual benefits and dis15 ability in the same manner provided for by the Cen16 tral Intelligence Agency Retirement Act (50 U.S.C.

17 2001 et seq.) and in section 18 of the Central Intel18 ligence Agency Act of 1949 (50 U.S.C. 403r).’’.

19 (2) The table of chapters for part III of such title

20 is amended by adding at the end of subpart I the following

21 new item:

‘‘99. Department of Defense National Security Personnel System .......... 9901’’.

22 (b) IMPACT ON DEPARTMENT OF DEFENSE CIVILIAN

23 PERSONNEL.—(1) Any exercise of authority under chap24 ter 99 of such title (as added by subsection (a)), including

25 under any system established under such chapter, shall
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1 be in conformance with the requirements of this sub2 section.

3 (2) No other provision of this Act or of any amend4 ment made by this Act may be construed or applied in

5 a manner so as to limit, supersede, or otherwise affect the

6 provisions of this section, except to the extent that it does

7 so by specific reference to this section.

8 TITLE XII—MATTERS RELATING

9 TO OTHER NATIONS

10 SEC. 1201. EXPANSION OF AUTHORITY TO PROVIDE ADMIN11 ISTRATIVE SUPPORT AND SERVICES AND

12 TRAVEL AND SUBSISTENCE EXPENSES FOR

13 CERTAIN FOREIGN LIAISON OFFICERS.

14 (a) ADMINISTRATIVE SUPPORT AND SERVICES.—

15 Subsection (a) of section 1051a of title 10, United States

16 Code, is amended—

17 (1) by striking ‘‘involved in a coalition with the

18 United States’’;

19 (2) by striking ‘‘temporarily’’; and

20 (3) by striking ‘‘ in connection with the plan21 ning for, or conduct of, a coalition operation’’.

22 (b) TRAVEL, SUBSISTENCE, AND OTHER EX23 PENSES.—Subsection (b) of such section is amended—

24 (1) by striking ‘‘(1)’’;
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1 (2) by striking ‘‘expenses specified in paragraph

2 (2)’’ and inserting ‘‘travel, subsistence, and similar

3 personal expenses’’;

4 (3) by striking ‘‘developing country’’ and insert5 ing ‘‘developing nation’’;

6 (4) by striking ‘‘in connection with the assign7 ment of that officer to the headquarters of a com8 batant command as described in subsection (a)’’ and

9 inserting ‘‘involved in a coalition while the liaison of10 ficer is assigned temporarily to a headquarters de11 scribed in subsection (a) in connection with the plan12 ning for, or conduct of, a coalition operation’’; and

13 (5) by striking paragraph (2).

14 (c) REIMBURSEMENT.—Subsection (c) of such sec15 tion is amended by striking ‘‘by’’ before ‘‘subsection (a)’’

16 and inserting ‘‘under’’.

17 (d) CLERICAL AMENDMENTS.—(1) The heading for

18 section 1051a of such title is amended to read as follows:

19 ‘‘§ 1051a. Foreign officers: administrative services

20 and support; travel, subsistence, and

21 other personal expenses’’.

22 (2) The subsection heading for subsection (a) of such

23 section is amended by striking ‘‘AUTHORITY’’ and insert24 ing ‘‘ADMINISTRATIVE SERVICES AND SUPPORT’’.
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1 (3) The item relating to such section in the table of

2 sections at the beginning of chapter 53 of such title is

3 amended to read as follows:

‘‘1051a. Foreign officers: administrative services and support; travel, subsistence, and other personal expenses.’’.

4 SEC. 1202. RECOGNITION OF SUPERIOR NONCOMBAT

5 ACHIEVEMENTS OR PERFORMANCE BY MEM6 BERS OF FRIENDLY FOREIGN FORCES AND

7 OTHER FOREIGN NATIONALS.

8 (a) AUTHORITY.—Chapter 53 of title 10, United

9 States Code, is amended by inserting after section 1051a

10 the following new section:

11 ‘‘§ 1051b. Bilateral or regional cooperation programs:

12 awards and mementos to recognize supe13 rior noncombat achievements or perform14 ance

15 ‘‘(a) GENERAL AUTHORITY.—The Secretary of De16 fense may present awards and mementos purchased with

17 funds appropriated for operation and maintenance of the

18 armed forces to recognize superior noncombat achieve19 ments or performance by members of friendly foreign

20 forces and other foreign nationals that significantly en21 hance or support the National Security Strategy of the

22 United States.
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1 ‘‘(b) ACTIVITIES THAT MAY BE RECOGNIZED.—Ac2 tivities that may be recognized under subsection (a) in3 clude superior achievement or performance that—

4 ‘‘(1) plays a crucial role in shaping the inter5 national security environment in ways that protect

6 and promote United States interests;

7 ‘‘(2) supports or enhances United States over8 seas presence and peacetime engagement activities,

9 including defense cooperation initiatives, security as10 sistance training and programs, and training and ex11 ercises with the armed forces;

12 ‘‘(3) helps to deter aggression and coercion,

13 build coalitions, and promote regional stability; or

14 ‘‘(4) serves as a role model for appropriate con15 duct by military forces in emerging democracies.

16 ‘‘(c) LIMITATION.—Expenditures for the purchase or

17 production of mementos for award under this section may

18 not exceed the ‘minimal value’ established in accordance

19 with section 7342(a)(5) of title 5.’’.

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

21 at the beginning of such chapter is amended by inserting

22 after the item relating to section 1051a the following new

23 item:

‘‘1051b. Bilateral or regional cooperation programs: awards and mementos to

recognize superior noncombat achievements or performance.’’.
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1 SEC. 1203. EXPANSION OF AUTHORITY TO WAIVE CHARGES

2 FOR COSTS OF ATTENDANCE AT GEORGE C.

3 MARSHALL EUROPEAN CENTER FOR SECU4 RITY STUDIES.

5 Section 1306(b)(1) of the National Defense Author6 ization Act for Fiscal Year 1995 (Public Law 103-337;

7 108 Stat. 2892) is amended by striking ‘‘of cooperation

8 partner states of the North Atlantic Council or the Part9 nership for Peace’’ and inserting ‘‘from states located in

10 Europe or the territory of the former Soviet Union’’.

11 SEC. 1204. IDENTIFICATION OF GOODS AND TECH12 NOLOGIES CRITICAL FOR MILITARY SUPERI13 ORITY.

14 (a) IN GENERAL.—(1) Subchapter II of chapter 148

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

16 the end the following new section:

17 ‘‘§ 2508. Goods and technologies critical for military

18 superiority: list

19 ‘‘(a) REQUIREMENT TO MAINTAIN LIST.—(1) The

20 Secretary of Defense shall maintain a list of any goods

21 or technology that, if obtained by a potential adversary,

22 could undermine the military superiority or qualitative

23 military advantage of the United States over potential ad24 versaries.

25 ‘‘(2) In this section, the term ‘goods or technology’

26 means—
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1 ‘‘(A) any article, natural or manmade sub2 stance, material, supply, or manufactured product,

3 including inspection and test equipment; and

4 ‘‘(B) any information and know-how (whether

5 in tangible form, such as models, prototypes, draw6 ings, sketches, diagrams, blueprints, or manuals, or

7 in intangible form, such as training or technical

8 services) that can be used to design, produce, manu9 facture, utilize, or reconstruct goods, including com10 puter software and technical data.

11 ‘‘(b) MATTERS TO BE INCLUDED ON LIST.—The Sec12 retary shall include on the list the following:

13 ‘‘(1) Any technology or developing critical tech14 nology (including conventional weapons, weapons of

15 mass destruction, and delivery systems) that could

16 enhance a potential adversary’s military capabilities

17 or that is critical to the United States maintaining

18 its military superiority and qualitative military ad19 vantage.

20 ‘‘(2) Any dual-use good, material, or know-how

21 that could enhance a potential adversary’s military

22 capabilities or that is critical to the United States

23 maintaining its military superiority and qualitative

24 military advantage, including those used to manufac-
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1 ture weapons of mass destruction and their associ2 ated delivery systems.

3 ‘‘(c) REQUIREMENTS.—The Secretary shall ensure

4 that—

5 ‘‘(1) the list is subject to a systematic, ongoing

6 assessment and analysis of dual-use technologies;

7 and

8 ‘‘(2) the list is updated not less often than

9 every two months.

10 ‘‘(d) AVAILABILITY.—The list shall be made

11 available—

12 ‘‘(1) in unclassified form on the Department of

13 Defense public website, in a usable form; and

14 ‘‘(2) in classified form to the Committee on

15 Armed Services of the Senate and the Committee on

16 Armed Services of the House of Representatives.’’.

17 (2) The table of sections at the beginning of such sub18 chapter is amended by adding at the end the following

19 new item:

‘‘2508. Goods and technologies critical for military superiority: list.’’.

20 (b) DEADLINE FOR ESTABLISHMENT.—The list re21 quired by section 2508 of title 10, United States Code,

22 as added by subsection (a), shall be established not later

23 than 180 days after the enactment of this Act.
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1 SEC. 1205. REPORT ON ACQUISITION BY IRAQ OF AD2 VANCED WEAPONS.

3 (a) REPORT.—Not later than one year after the date

4 of the enactment of this Act, the Secretary of Defense

5 shall submit to the Committees on Armed Services and

6 Foreign Relations of the Senate and the Committees on

7 Armed Services and International Relations of the House

8 of Representatives a report on the acquisition by Iraq of

9 weapons of mass destruction and associated delivery sys10 tems and the acquisition by Iraq of advanced conventional

11 weapons.

12 (b) MATTERS TO BE INCLUDED.—The report shall

13 include the following:

14 (1) A description of how Iraq was able to obtain

15 any materials, technology, and know-how for its nu16 clear, chemical, biological, ballistic missile, and un17 manned aerial vehicle programs, and advanced con18 ventional weapons programs, from 1979 through

19 April 2003 from entities (including Iraqi citizens)

20 outside of Iraq.

21 (2) An assessment of the degree to which

22 United States, foreign, and multilateral export con23 trol regimes prevented acquisition by Iraq of weap24 ons of mass destruction-related technology and ma25 terials and advanced conventional weapons and de-
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1 livery systems since the commencement of inter2 national inspections in Iraq.

3 (3) An assessment of the effectiveness of

4 United Nations sanctions at halting the flow of mili5 tarily-useful contraband to Iraq from 1991 until the

6 end of Operation Iraqi Freedom.

7 (4) An assessment of how Iraq was able to

8 evade International Atomic Energy Agency and

9 United Nations inspections regarding chemical, nu10 clear, biological, and missile weapons and related ca11 pabilities.

12 (5) Identification and a catalogue of the entities

13 and countries that transferred militarily useful con14 traband to Iraq between 1991 and the end of Oper15 ation Iraqi Freedom, and the nature of that contra16 band.

17 (c) FORM OF REPORT.—The report shall be sub18 mitted in unclassified form with a classified annex, if nec19 essary.
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1 SEC. 1206. AUTHORITY FOR CHECK CASHING AND CUR2 RENCY EXCHANGE SERVICES TO BE PRO3 VIDED TO FOREIGN MILITARY MEMBERS

4 PARTICIPATING IN CERTAIN ACTIVITIES

5 WITH UNITED STATES FORCES.

6 (a) AUTHORITY.—Subsection (b) of section 3342 of

7 title 31, United States Code, is amended by adding at the

8 end the following new paragraph:

9 ‘‘(8) A member of the military forces of an al10 lied or coalition nation who is participating in a joint

11 operation, joint exercise, humanitarian mission, or

12 peacekeeping mission with the Armed Forces of the

13 United States, but—

14 ‘‘(A) only if—

15 ‘‘(i) such disbursing official action for

16 members of the military forces of that na17 tion is approved by the senior United

18 States military commander assigned to

19 that operation or mission; and

20 ‘‘(ii) that nation has guaranteed pay21 ment for any deficiency resulting from

22 such disbursing official action; and

23 ‘‘(B) in the case of negotiable instruments,

24 only for a negotiable instrument drawn on a fi25 nancial institution located in the United States

26 or on a foreign branch of such an institution.’’.
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1 (b) TECHNICAL AMENDMENTS.—That subsection is

2 further amended—

3 (1) by striking ‘‘only for—’’ in the matter pre4 ceding paragraph (1) and inserting ‘‘only for the fol5 lowing:’’;

6 (2) by striking ‘‘an’’ at the beginning of para7 graph (1) and inserting ‘‘An’’;

8 (3) by striking ‘‘personnel’’ in paragraphs (2)

9 and (6) and inserting ‘‘Personnel’’;

10 (4) by striking ‘‘a’’ at the beginning of para11 graphs (3), (4), (5), and (7) and inserting ‘‘A’’;

12 (5) by striking the semicolon at the end of

13 paragraphs (1) through (5) and inserting a period;

14 (6) by striking ‘‘; or’’ at the end of paragraph

15 (6) and inserting a period; and

16 (7) by striking ‘‘1752(1))’’ in paragraph (7)

17 and inserting ‘‘1752(1)))’’.

18 SEC. 1207. REQUIREMENTS FOR TRANSFER TO FOREIGN

19 COUNTRIES OF CERTAIN SPECIFIED TYPES

20 OF EXCESS AIRCRAFT.

21 (a) EXPANSION OF TRANSFER REQUIREMENT.—Sec22 tion 2581 of title 10, United States Code, is amended—

23 (1) in subsection (a)(1), by striking ‘‘UH–1

24 Huey helicopter or AH–1 Cobra helicopter’’ and in-
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1 serting ‘‘UH–1 Huey aircraft, AH–1 Cobra aircraft,

2 T–2 Buckeye aircraft, or T–37 Tweet aircraft’’; and

3 (2) by striking ‘‘helicopter’’ each subsequent

4 place it appears in such section and inserting ‘‘air5 craft’’.

6 (b) CLERICAL AMENDMENTS.—(1) The heading of

7 such section is amended to read as follows:

8 ‘‘§ 2581. Specified excess aircraft: requirements for

9 transfer to foreign countries’’.

10 (2) The item relating to such section in the table of

11 sections at the beginning of chapter 153 of such title is

12 amended to read as follows:

‘‘2581. Specified excess aircraft: requirements for transfer to foreign countries.’’.

13 SEC. 1208. LIMITATION ON NUMBER OF UNITED STATES

14 MILITARY PERSONNEL IN COLOMBIA.

15 (a) LIMITATION.—None of the funds available to the

16 Department of Defense for any fiscal year may be used

17 to support or maintain more than 500 members of the

18 Armed Forces on duty in the Republic of Colombia at any

19 time.

20 (b) EXCLUSION OF CERTAIN MEMBERS.—For pur21 poses of determining compliance with the limitation in

22 subsection (a), the Secretary of Defense may exclude the

23 following military personnel:
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1 (1) A member of the Armed Forces in the Re2 public of Colombia for the purpose of rescuing or re3 trieving United States military or civilian Govern4 ment personnel, except that the period for which

5 such a member may be so excluded may not exceed

6 30 days unless expressly authorized by law.

7 (2) A member of the Armed Forces assigned to

8 the United States Embassy in Colombia as an

9 attache ́, as a member of the security assistance of10 fice, or as a member of the Marine Corps security

11 contingent.

12 (3) A member of the Armed Forces in Colombia

13 to participate in relief efforts in responding to a nat14 ural disaster.

15 (4) Nonoperational transient military personnel.

16 (5) A member of the Armed Forces making a

17 port call from a military vessel in Colombia.

18 (c) NATIONAL SECURITY WAIVER.—(1) The Sec19 retary of Defense may waive the limitation in subsection

20 (a) if the Secretary determines that such waiver is in the

21 national security interest of the United States.

22 (2) The Secretary shall notify the congressional de23 fense committees not later 15 days after the date of the

24 exercise of the waiver authority under paragraph (1).
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1 SEC. 1209. ASSESSMENT AND REPORT CONCERNING THE

2 LOCATION OF NATO HEADQUARTERS.

3 (a) ASSESSMENT.—The Secretary of Defense shall

4 conduct a full and complete assessment of costs to the

5 United States associated with the location of the head6 quarters of the North Atlantic Treaty Organization

7 (NATO) in Brussels, Belgium, and the costs and benefits

8 of relocating that headquarters to a suitable location in

9 another NATO member country, including those nations

10 invited to join NATO at the Prague summit in 2002. The

11 Secretary shall conduct such assessment in consultation

12 with the Secretary of State.

13 (b) REPORT TO CONGRESS.—Not later than 180 days

14 after the date of the enactment of this Act, the Secretary

15 of Defense shall submit to Congress a report of the find16 ings of the assessment under subsection (a).

17 SEC. 1210. SENSE OF CONGRESS ON REDEPLOYMENT OF

18 UNITED STATES FORCES IN EUROPE.

19 (a) FINDINGS.—Congress makes the following find20 ings:

21 (1) In March 1999, in its initial round of ex22 pansion, the North Atlantic Treaty Organization

23 (NATO) admitted Poland, the Czech Republic, and

24 Hungary to the Alliance.

25 (2) At the Prague Summit on November 21–22,

26 2002, the NATO heads of state and government in-
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1 vited the countries of Bulgaria, Estonia, Latvia,

2 Lithuania, Romania, Slovakia, and Slovenia to join

3 the Alliance.

4 (3) The countries admitted in the initial round

5 of expansion referred to in paragraph (1) and the

6 seven new invitee nations referred to in paragraph

7 (2) will in combination significantly alter the nature

8 of the Alliance.

9 (4) During the first 50 years of the Alliance,

10 NATO materially contributed to the security and

11 stability of Western Europe, brining peace and pros12 perity to the member nations.

13 (5) The expansion of NATO is an opportunity

14 to assist the invitee nations in gaining the capabili15 ties to ensure peace, prosperity, and democracy for

16 themselves during the next 50 years of the Alliance.

17 (6) The military structure and mission of

18 NATO has changed, no longer being focused on the

19 threat of a Soviet invasion, but evolving to handle

20 new missions in the area of crisis management,

21 peacekeeping, and peace-support in the Euro-Atlan22 tic area of operations.

23 (b) SENSE OF CONGRESS.—In light of the findings

24 in subsection (a), it is the sense of Congress that—
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1 (1) the expansion of the North Atlantic Treaty

2 Organization Alliance and the evolution of the mili3 tary mission of that Alliance requires a fundamental

4 reevaluation of the current posture of United States

5 forces stationed in Europe; and

6 (2) the President should—

7 (A) initiate a reevaluation referred to in

8 paragraph (1); and

9 (B) in carrying out such a reevaluation,

10 consider a military posture that takes maximum

11 advantage of basing and training opportunities

12 in the newly admitted and invitee states re13 ferred to in paragraphs (1) and (2), respec14 tively, of subsection (a).

15 SEC. 1211. REPORT ON ACTIONS THAT COULD BE TAKEN

16 REGARDING COUNTRIES THAT INITIATE CER17 TAIN LEGAL ACTIONS AGAINST UNITED

18 STATES OFFICIALS.

19 (a) FINDING.—Congress finds that actions for or on

20 behalf of a foreign government that constitute attempts

21 to commence legal proceedings against, or attempts to

22 compel the appearance of or production of documents

23 from, any current or former official or employee of the

24 United States or member of the Armed Forces of the

25 United States relating to the performance of official duties
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1 constitutes a threat to the ability of the United States to

2 take necessary and timely military action.

3 (b) REPORT.—Not later than 60 days after the date

4 of the enactment of this Act, the Secretary of Defense

5 shall submit to Congress a report on appropriate steps

6 that could be taken by the Department of Defense (includ7 ing restrictions on military travel and limitations on mili8 tary support and exchange programs) to respond to any

9 action by a foreign government described in subsection

10 (a).

11 SEC. 1212. SENSE OF CONGRESS CONCERNING NAVY PORT

12 CALLS IN ISRAEL.

13 (a) FINDINGS.—Congress finds the following:

14 (1) The United States Sixth Fleet has not con15 ducted regular visits to the port of Haifa, Israel,

16 since the attack on the U.S.S. Cole in Aden, Yemen,

17 on October 12, 2000, but previously visited that port

18 on a regular basis, with an average of 90 United

19 States warships visiting Haifa each year.

20 (2) The United States Navy has invested mil21 lions of dollars in expanding the capacity and capa22 bility of the port of Haifa to accommodate United

23 States Navy requirements and the port of Haifa is

24 among the most secure harbors in the world and of25 fers reliable and efficient repair facilities with close
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1 proximity to capable air transport and communica2 tions.

3 (3) The forward presence of United States

4 Navy ships is a powerful deterrent to aggression and

5 a tangible expression of American national interests.

6 (4) The visits of the United States Sixth Fleet

7 to Haifa demonstrate the historic friendship of the

8 American and Israeli people and the commitment of

9 the United States to the security and survival of the

10 State of Israel.

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that—

13 (1) the Secretary of Defense and the United

14 States Navy should engage with the Government of

15 Israel and the Israel Defense Forces to establish ap16 propriate and effective arrangements to ensure the

17 safety of United States Navy vessels and personnel;

18 and

19 (2) upon such arrangements being made, the

20 Sixth Fleet should resume regular port visits to

21 Haifa, Israel.

22 SEC. 1213. ASSISTANCE TO IRAQI CHILDREN INJURED DUR23 ING OPERATION IRAQI FREEDOM.

24 (a) ASSISTANCE.—The Secretary of Defense shall, to

25 the maximum extent practicable, provide all necessary
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1 support in an expeditious manner to assist Iraqi children

2 who were injured during Operation Iraqi Freedom.

3 (b) ADDITIONAL REQUIREMENTS.—Assistance de4 scribed in subsection (a) may be provided to a child only

5 if adequate treatment from other sources in Iraq or neigh6 boring countries is not available and only after completion

7 of an evaluation by a physician or other appropriate med8 ical personnel of the United States Armed Forces. In addi9 tion, assistance described in subsection (a) may be pro10 vided only if it would not adversely affect military oper11 ations of the United States.

12 (c) DEFINITION.—In this section, the term ‘‘Oper13 ation Iraqi Freedom’’ means operations of the United

14 States Armed Forces, the armed forces of the United

15 Kingdom, and the armed forces of other coalition member

16 countries initiated on or about March 19, 2003—

17 (1) to disarm Iraq of its weapons of mass de18 struction;

19 (2) to enforce United Nations Security Council

20 Resolution 1441 (November 8, 2002) and other rel21 evant Security Council resolutions with respect to

22 Iraq; and

23 (3) to liberate the people of Iraq from the re24 gime of Saddam Hussein.
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1 TITLE XIII—COOPERATIVE

2 THREAT REDUCTION WITH

3 STATES OF THE FORMER SO4 VIET UNION

5 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS AND FUNDS.

7 (a) SPECIFICATION OF CTR PROGRAMS.—For pur8 poses of section 301 and other provisions of this Act, Co9 operative Threat Reduction programs are the programs

10 specified in section 1501(b) of the National Defense Au11 thorization Act for Fiscal Year 1997 (Public Law 104–

12 201; 110 Stat. 2731; 50 U.S.C. 2362 note).

13 (b) FISCAL YEAR 2004 COOPERATIVE THREAT RE14 DUCTION FUNDS DEFINED.—As used in this title, the

15 term ‘‘fiscal year 2004 Cooperative Threat Reduction

16 funds’’ means the funds appropriated pursuant to the au17 thorization of appropriations in section 301 for Coopera18 tive Threat Reduction programs.

19 (c) AVAILABILITY OF FUNDS.—Funds appropriated

20 pursuant to the authorization of appropriations in section

21 301 for Cooperative Threat Reduction programs shall be

22 available for obligation for three fiscal years.

23 SEC. 1302. FUNDING ALLOCATIONS.

24 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

25 $450,800,000 authorized to be appropriated to the De-
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1 partment of Defense for fiscal year 2004 in section

2 301(19) for Cooperative Threat Reduction programs, the

3 following amounts may be obligated for the purposes spec4 ified:

5 (1) For strategic offensive arms elimination in

6 Russia, $86,400,000.

7 (2) For strategic nuclear arms elimination in

8 Ukraine, $3,900,000.

9 (3) For nuclear weapons transportation security

10 in Russia, $23,200,000.

11 (4) For nuclear weapons storage security in

12 Russia, $48,000,000.

13 (5) For activities designated as Other Program

14 Support, $13,100,000.

15 (6) For defense and military contacts,

16 $11,100,000.

17 (7) For chemical weapons destruction in Rus18 sia, $171,500,000.

19 (8) For biological weapons proliferation preven20 tion in the former Soviet Union, $54,200,000.

21 (9) For weapons of mass destruction prolifera22 tion prevention in the states of the former Soviet

23 Union, $39,400,000.

24 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

25 FUNDS FOR OTHER PURPOSES.—No fiscal year 2004 Co-
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1 operative Threat Reduction funds may be obligated or ex2 pended for a purpose other than a purpose listed in para3 graphs (1) through (9) of subsection (a) until 30 days

4 after the date that the Secretary of Defense submits to

5 Congress a report on the purpose for which the funds will

6 be obligated or expended and the amount of funds to be

7 obligated or expended. Nothing in the preceding sentence

8 shall be construed as authorizing the obligation or expend9 iture of fiscal year 2004 Cooperative Threat Reduction

10 funds for a purpose for which the obligation or expendi11 ture of such funds is specifically prohibited under this title

12 or any other provision of law.

13 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

14 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any

15 case in which the Secretary of Defense determines that

16 it is necessary to do so in the national interest, the Sec17 retary may obligate amounts appropriated for fiscal year

18 2004 for a purpose listed in any of the paragraphs in sub19 section (a) in excess of the specific amount authorized for

20 that purpose.

21 (2) An obligation of funds for a purpose stated in

22 any of the paragraphs in subsection (a) in excess of the

23 specific amount authorized for such purpose may be made

24 using 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

14 to a new project or an incomplete project carried out by

15 the Department of Defense under Cooperative Threat Re16 duction programs, not more than 35 percent of the total

17 costs of the project may be obligated or expended from

18 Cooperative Threat Reduction funds for any fiscal year

19 until—

20 (1) the Secretary of Defense determines—

21 (A) in the case of a new project, the num22 ber and type of permits that may be required

23 for the lifetime of the project in the proposed

24 location or locations of the project; and
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1 (B) in the case of an incomplete project,

2 the number and type of permits that may be re3 quired for the remaining lifetime of the project;

4 and

5 (2) the government of the state of the former

6 Soviet Union in which the project is being or is pro7 posed to be carried out obtains and transmits copies

8 of all such permits to the Department of Defense.

9 (b) DEFINITIONS.—In this section, with respect to a

10 project under Cooperative Threat Reduction programs:

11 (1) NEW PROJECT.—The term ‘‘new project’’

12 means a project for which no funds have been obli13 gated or expended as of the date of the enactment

14 of this Act.

15 (2) INCOMPLETE PROJECT.—The term ‘‘incom16 plete project’’ means a project for which funds have

17 been obligated or expended before the date of the en18 actment of this Act and which is not completed as

19 of such date.

20 (3) PERMIT.—The term ‘‘permit’’ means any

21 local or national permit for development, general

22 construction, environmental, land use, or other pur23 poses that is required in the state of the former So24 viet Union in which the project is being or is pro25 posed to 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 bio4 logical weapons proliferation prevention pursuant to sec5 tion 1302, no funds may be obligated for cooperative bio6 defense research or bioattack early warning and prepared7 ness under a Cooperative Threat Reduction program at

8 a site in a state of the former Soviet Union until the Sec9 retary of Defense notifies Congress that—

10 (1) the Secretary has determined, through ac11 cess to the site, that no biological weapons research

12 prohibited by international law is being conducted at

13 the site;

14 (2) the Secretary has assessed the vulnerability

15 of the site to external or internal attempts to exploit

16 or obtain dangerous pathogens illicitly; and

17 (3) the Secretary has begun to implement ap18 propriate security measures at the site to reduce

19 that vulnerability and to prevent the diversion of

20 dangerous 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 $78,000,000 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 De7 fense shall appoint a United States Federal Government

8 employee as an on-site manager.

9 (b) PROJECTS COVERED.—Subsection (a) applies to

10 a project—

11 (1) to be located in a state of the former Soviet

12 Union;

13 (2) which involves dismantlement, destruction,

14 or 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

19 manager 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

2 steps or activities;

3 (3) meet with all participants to seek assur4 ances that those steps or activities are being com5 pleted on 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

10 United States participation.

11 (d) STEPS OR ACTIVITIES.—Steps or activities re12 ferred to in subsection (c)(1) are those activities that, if

13 not completed, will prevent a project from achieving its

14 disarmament or nonproliferation goals, including, at a

15 minimum, the following:

16 (1) Identification and acquisition of permits (as

17 defined in section 1303(b)).

18 (2) Verification that the items, substances, or

19 capabilities to be dismantled, secured, or otherwise

20 modified are available for dismantlement, securing,

21 or 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

5 six 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,

15 design, or construction of a chemical weapons destruction

16 facility in Russia if the President submits to Congress a

17 written 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 dis24 closure by Russia regarding the size, content, status,

25 and location of its chemical weapons stockpile.
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1 (2) The authority under paragraph (1) shall expire

2 on September 30, 2004.

3 (b) AVAILABILITY OF FUNDS.—(1) Except as pro4 vided in paragraph (2), of the funds that may be obligated

5 for a chemical weapons destruction facility in Russia as

6 specified in section 1302(a)(7), the Secretary of Defense

7 may not obligate an amount greater than two times the

8 amount obligated by Russia and any other state for the

9 planning, design, construction, or operation of a chemical

10 weapons destruction 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 SEC. 1308. STUDY RELATING TO EX-SOVIET URANIUM AND

16 PLUTONIUM.

17 The Secretary of Defense shall submit a study to

18 Congress not later than one year after the date of the en19 actment of this Act, examining the costs and benefits of

20 purchasing all the ex-Soviet weapons-grade uranium and

21 plutonium in fiscal year 2005, and safeguarding it from

22 smuggling or theft until it can be rendered unusable for

23 weapons.
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1 TITLE XIV—SERVICES

2 ACQUISITION REFORM

3 SEC. 1401. SHORT TITLE.

4 This title may be cited as the ‘‘Services Acquisition

5 Reform Act of 2003’’.

6 SEC. 1402. EXECUTIVE AGENCY DEFINED.

7 In this title, the term ‘‘executive agency’’ has the

8 meaning given that term in section 4(1) of the Office of

9 Federal Procurement Policy Act (41 U.S.C. 403(1)), un10 less specifically stated otherwise.

11 Subtitle A—Acquisition Workforce

12 and Training

13 SEC. 1411. DEFINITION OF ACQUISITION.

14 Section 4 of the Office of Federal Procurement Policy

15 Act (41 U.S.C. 403) is amended by adding at the end the

16 following:

17 ‘‘(16) The term ‘acquisition’—

18 ‘‘(A) means the process of acquiring, with

19 appropriated funds, by contract for purchase or

20 lease, property or services (including construc21 tion) that support the missions and goals of an

22 executive agency, from the point at which the

23 requirements of the executive agency are estab24 lished in consultation with the chief acquisition

25 officer of the executive agency; and
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1 ‘‘(B) includes—

2 ‘‘(i) the process of acquiring property

3 or services that are already in existence, or

4 that must be created, developed, dem5 onstrated, and evaluated;

6 ‘‘(ii) the description of requirements

7 to satisfy agency needs;

8 ‘‘(iii) solicitation and selection of

9 sources;

10 ‘‘(iv) award of contracts;

11 ‘‘(v) contract performance;

12 ‘‘(vi) contract financing:

13 ‘‘(vii) management and measurement

14 of contract performance through final de15 livery and payment; and

16 ‘‘(viii) technical and management

17 functions directly related to the process of

18 fulfilling agency requirements by con19 tract.’’.

20 SEC. 1412. ACQUISITION WORKFORCE TRAINING FUND.

21 (a) PURPOSES.—The purposes of this section are to

22 ensure that the Federal acquisition workforce—

23 (1) adapts to fundamental changes in the na24 ture of Federal Government acquisition of property
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1 and services associated with the changing roles of

2 the Federal Government; and

3 (2) acquires new skills and a new perspective to

4 enable it to contribute effectively in the changing en5 vironment of the 21st century.

6 (b) ESTABLISHMENT OF FUND.—Section 37 of the

7 Office of Federal Procurement Policy Act (41 U.S.C. 433)

8 is amended by adding at the end of subsection (h) the

9 following new paragraph:

10 ‘‘(3) ACQUISITION WORKFORCE TRAINING

11 FUND.—(A) The Administrator of General Services

12 shall establish an acquisition workforce training

13 fund. The Administrator shall manage the fund

14 through the Federal Acquisition Institute to support

15 the training of the acquisition workforce of the exec16 utive agencies other than the Department of De17 fense. The Administrator shall consult with the Ad18 ministrator for Federal Procurement Policy in man19 aging the fund.

20 ‘‘(B) There shall be credited to the acquisition

21 workforce training fund 5 percent of the fees col22 lected by executive agencies (other than the Depart23 ment of Defense) under the following contracts:

24 ‘‘(i) Governmentwide task and delivery25 order contracts entered into under sections
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1 303H and 303I of the Federal Property and

2 Administrative Services Act of 1949 (41 U.S.C.

3 253h and 253i).

4 ‘‘(ii) Governmentwide contracts for the ac5 quisition of information technology as defined

6 in section 11101 of title 40, United States

7 Code, and multiagency acquisition contracts for

8 such technology authorized by section 11314 of

9 such title.

10 ‘‘(iii) Multiple-award schedule contracts

11 entered into by the Administrator of General

12 Services.

13 ‘‘(C) The head of an executive agency that ad14 ministers a contract described in subparagraph (B)

15 shall remit to the General Services Administration

16 the amount required to be credited to the fund with

17 respect to such contract at the end of each quarter

18 of the fiscal year.

19 ‘‘(D) The Administrator of General Services,

20 through the Office of Federal Acquisition Policy,

21 shall ensure that funds collected for training under

22 this section are not used for any purpose other than

23 the purpose specified in subparagraph (A).
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1 ‘‘(E) Amounts credited to the fund shall be in

2 addition to funds requested and appropriated for

3 education and training referred to in paragraph (1).

4 ‘‘(F) Amounts credited to the fund shall remain

5 available until expended.’’.

6 (c) EXCEPTION.—This section and the amendments

7 made by this section shall not apply to the acquisition

8 workforce of the Department of Defense.

9 SEC. 1413. ACQUISITION WORKFORCE RECRUITMENT PRO10 GRAM.

11 (a) AUTHORITY TO CARRY OUT PROGRAM.—For

12 purposes of sections 3304, 5333, and 5753 of title 5,

13 United States Code, the head of a department or agency

14 of the United States (including the Secretary of Defense)

15 may determine that certain Federal acquisition positions

16 are ‘‘shortage category’’ positions in order to recruit and

17 appoint directly to positions of employment in the depart18 ment or agency highly qualified persons, such as any per19 son who—

20 (1) holds a bachelor’s degree from an accredited

21 institution of higher education;

22 (2) holds, from an accredited law school or an

23 accredited institution of higher education—

24 (A) a law degree; or
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1 (B) a masters or equivalent degree in busi2 ness administration, public administration, or

3 systems engineering; or

4 (3) has significant experience with commercial

5 acquisition practices, terms, and conditions.

6 (b) REQUIREMENTS.—The exercise of authority to

7 take a personnel action under this section shall be subject

8 to policies prescribed by the Office of Personnel Manage9 ment that govern direct recruitment, including policies re10 quiring appointment of a preference eligible who satisfies

11 the qualification requirements.

12 (c) TERMINATION OF AUTHORITY.—The head of a

13 department or agency may not appoint a person to a posi14 tion of employment under this section after September 30,

15 2007.

16 (d) REPORT.—Not later than March 31, 2007, the

17 Administrator for Federal Procurement Policy shall sub18 mit to Congress a report on the implementation of this

19 section. The report shall include—

20 (1) the Administrator’s assessment of the effi21 cacy of the exercise of the authority provided in this

22 section in attracting employees with unusually high

23 qualifications to the acquisition workforce; and
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1 (2) any recommendations considered appro2 priate by the Administrator on whether the author3 ity to carry out the program should be extended.

4 SEC. 1414. ARCHITECTURAL AND ENGINEERING ACQUISI5 TION WORKFORCE.

6 The Administrator for Federal Procurement Policy,

7 in consultation with the Secretary of Defense, the Admin8 istrator of General Services, and the Director of the Office

9 of Personnel Management, shall develop and implement a

10 plan to ensure that the Federal Government maintains the

11 necessary capability with respect to the acquisition of ar12 chitectural and engineering services to—

13 (1) ensure that Federal Government employees

14 have the expertise to determine agency requirements

15 for such services;

16 (2) establish priorities and programs (including

17 acquisition plans);

18 (3) establish professional standards;

19 (4) develop scopes of work; and

20 (5) award and administer contracts for such

21 services.
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1 Subtitle B—Adaptation of Business

2 Acquisition Practices

3 PART I—ADAPTATION OF BUSINESS

4 MANAGEMENT PRACTICES

5 SEC. 1421. CHIEF ACQUISITION OFFICERS.

6 (a) APPOINTMENT OF CHIEF ACQUISITION OFFI7 CERS.—(1) Section 16 of the Office of Federal Procure8 ment Policy Act (41 U.S.C. 414) is amended to read as

9 follows:

10 ‘‘SEC. 16. CHIEF ACQUISITION OFFICERS.

11 ‘‘(a) ESTABLISHMENT OF AGENCY CHIEF ACQUISI12 TION OFFICERS.—The head of each executive agency

13 (other than the Department of Defense) shall appoint or

14 designate a non-career employee as Chief Acquisition Offi15 cer for the agency, who shall—

16 ‘‘(1) have acquisition management as that offi17 cial’s primary duty; and

18 ‘‘(2) advise and assist the head of the executive

19 agency and other agency officials to ensure that the

20 mission of the executive agency is achieved through

21 the management of the agency’s acquisition activi22 ties.

23 ‘‘(b) AUTHORITY AND FUNCTIONS OF AGENCY CHIEF

24 ACQUISITION OFFICERS.—The functions of each Chief Ac25 quisition Officer shall include—
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1 ‘‘(1) monitoring the performance of acquisition

2 activities and acquisition programs of the executive

3 agency, evaluating the performance of those pro4 grams on the basis of applicable performance meas5 urements, and advising the head of the executive

6 agency regarding the appropriate business strategy

7 to achieve the mission of the executive agency;

8 ‘‘(2) increasing the use of full and open com9 petition in the acquisition of property and services

10 by the executive agency by establishing policies, pro11 cedures, and practices that ensure that the executive

12 agency receives a sufficient number of sealed bids or

13 competitive proposals from responsible sources to

14 fulfill the Government’s requirements (including per15 formance and delivery schedules) at the best value

16 considering the nature of the property or service

17 procured;

18 ‘‘(3) making acquisition decisions consistent

19 with all applicable laws and establishing clear lines

20 of authority, accountability, and responsibility for

21 acquisition decisionmaking within the executive

22 agency;

23 ‘‘(4) managing the direction of acquisition pol24 icy for the executive agency, including implementa-
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1 tion of the unique acquisition policies, regulations,

2 and 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

6 workforce; 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,

11 United States Code—

12 ‘‘(A) assessing the requirements estab13 lished for agency personnel regarding knowl14 edge and skill in acquisition resources manage15 ment and the adequacy of such requirements

16 for facilitating the achievement of the perform17 ance goals established for acquisition manage18 ment;

19 ‘‘(B) in order to rectify any deficiency in

20 meeting such requirements, developing strate21 gies and specific plans for hiring, training, and

22 professional development; and

23 ‘‘(C) reporting to the head of the executive

24 agency on the progress made in improving ac25 quisition management capability.’’.
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1 (2) The item relating to section 16 in the table of

2 contents in section 1(b) of such Act is amended to read

3 as follows:

‘‘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 sec9 tion 20 of the Office of Federal Procurement

10 Policy Act (41 U.S.C. 418(a)(2)(A), (b)) are

11 amended by striking ‘‘senior procurement exec12 utive’’ each place it appears and inserting

13 ‘‘Chief Acquisition Officer’’.

14 (B) Subsection (c)(2)(A)(ii) of section 29

15 of the Office of Federal Procurement Policy Act

16 (41 U.S.C. 425(c)(2)(A)(ii)) is amended by

17 striking ‘‘senior procurement executive’’ and in18 serting ‘‘Chief Acquisition Officer’’.

19 (C) Subsection (c) of section 37 of the Of20 fice of Federal Procurement Policy Act (41

21 U.S.C. 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 in3 serting ‘‘Chief Acquisition Officer’’.

4 (2) AMENDMENT TO TITLE III OF THE FED5 ERAL PROPERTY AND ADMINISTRATIVE SERVICES

6 ACT OF 1949.—Sections 302C(b) and

7 303(f)(1)(B)(iii) of the Federal Property and Ad8 ministrative Services Act of 1949 (41 U.S.C. 252c,

9 253) are amended by striking ‘‘senior procurement

10 executive’’ each place it appears and inserting

11 ‘‘Chief Acquisition Officer’’.

12 (3) AMENDMENT TO TITLE 10, UNITED STATES

13 CODE.—The following sections of title 10, United

14 States Code are amended by striking ‘‘senior pro15 curement executive’’ each place it appears and in16 serting ‘‘Chief Acquisition Officer’’:

17 (A) Section 133(c)(1).

18 (B) Subsections (d)(2)(B) and (f)(1) of

19 section 2225.

20 (C) Section 2302c(b).

21 (D) Section 2304(f)(1)(B)(iii).

22 (E) Section 2359a(i).

23 (4) REFERENCES.—Any reference to a senior

24 procurement executive of a department or agency of

25 the United States in any other provision of law or
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1 regulation, document, or record of the United States

2 shall be deemed to be a reference to the Chief Acqui3 sition Officer of the department or agency.

4 (c) TECHNICAL CORRECTION.—Section 1115(a) of

5 title 31, United States Code, is amended by striking ‘‘sec6 tion 1105(a)(29)’’ and inserting ‘‘section 1105(a)(28)’’.

7 SEC. 1422. CHIEF ACQUISITION OFFICERS COUNCIL.

8 (a) ESTABLISHMENT OF COUNCIL.—The Office of

9 Federal Procurement Policy Act (41 U.S.C. 403 et seq.)

10 is amended by inserting after section 16 the following new

11 section:

12 ‘‘SEC. 16A. CHIEF ACQUISITION OFFICERS COUNCIL.

13 ‘‘(a) ESTABLISHMENT.—There is established in the

14 executive branch a Chief Acquisition Officers Council.

15 ‘‘(b) MEMBERSHIP.—The members of the Council

16 shall be as follows:

17 ‘‘(1) The Deputy Director for Management of

18 the Office of Management and Budget, who shall act

19 as Chairman of the Council.

20 ‘‘(2) The Administrator for Federal Procure21 ment Policy.

22 ‘‘(3) The chief acquisition officer of each execu23 tive agency.

24 ‘‘(4) The Under Secretary of Defense for Ac25 quisition, Technology, and Logistics.
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1 ‘‘(5) Any other officer or employee of the

2 United States designated by the Chairman.

3 ‘‘(c) LEADERSHIP; SUPPORT.—(1) The Adminis4 trator for Federal Procurement Policy shall lead the ac5 tivities of the Council on behalf of the Deputy Director

6 for Management.

7 ‘‘(2)(A) The Vice Chairman of the Council shall be

8 selected by the Council from among its members.

9 ‘‘(B) The Vice Chairman shall serve a 1-year term,

10 and 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 func17 tions that include the following:

18 ‘‘(1) Develop recommendations for the Director

19 of the Office of Management and Budget on Federal

20 acquisition policies and requirements.

21 ‘‘(2) Share experiences, ideas, best practices,

22 and innovative approaches related to Federal acqui23 sition.

24 ‘‘(3) Assist the Administrator in the identifica25 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

4 ensure the timely delivery of best value products to

5 the Federal Government and achieve appropriate

6 public 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 Man11 agement to assess and address the hiring, training,

12 and professional development needs of the Federal

13 Government 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

20 in section 1(b) of such Act is amended by inserting after

21 the 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

25 for 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

4 of responsibility, and the use of Governmentwide con5 tracts.

6 (b) MEMBERSHIP.—The panel shall be composed of

7 at least nine individuals who are recognized experts in ac8 quisition law and Government acquisition policy. In mak9 ing appointments to the panel, the Administrator shall—

10 (1) consult with the Secretary of Defense, the

11 Administrator of General Services, the Committees

12 on Armed Services and Government Reform of the

13 House of Representatives, and the Committees on

14 Armed Services and Governmental Affairs of the

15 Senate, and

16 (2) ensure that the members of the panel reflect

17 the diverse experiences in the public and private sec18 tors.

19 (c) DUTIES.—The panel shall—

20 (1) review all Federal acquisition laws and reg21 ulations with a view toward ensuring effective and

22 appropriate use of commercial practices and per23 formance-based contracting; and
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1 (2) make any recommendations for the repeal

2 or amendment of such laws or regulations that are

3 considered necessary as a result of such review—

4 (A) to eliminate any provisions in such

5 laws or regulations that are unnecessary for the

6 effective, efficient, and fair award and adminis7 tration of contracts for the acquisition by the

8 Federal Government of goods and services;

9 (B) to ensure the continuing financial and

10 ethical integrity of acquisitions by the Federal

11 Government; and

12 (C) to protect the best interests of the

13 Federal Government.

14 (d) REPORT.—Not later than one year after the es15 tablishment of the panel, the panel shall submit to the Ad16 ministrator and to the Committees on Armed Services and

17 Government Reform of the House of Representatives and

18 the Committees on Armed Services and Governmental Af19 fairs of the Senate a report containing a detailed state20 ment of the findings, conclusions, and recommendations

21 of the panel.
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1 PART II—OTHER ACQUISITION IMPROVEMENTS

2 SEC. 1426. EXTENSION OF AUTHORITY TO CARRY OUT

3 FRANCHISE FUND PROGRAMS.

4 Section 403(f) of the Federal Financial Management

5 Act of 1994 (Public Law 103–356; 31 U.S.C. 501 note)

6 is amended by striking ‘‘October 1, 2003’’ and inserting

7 ‘‘October 1, 2006’’.

8 SEC. 1427. AGENCY ACQUISITION PROTESTS.

9 (a) DEFENSE CONTRACTS.—(1) Chapter 137 of title

10 10, United States Code, is amended by inserting after sec11 tion 2305a the following new section:

12 ‘‘§ 2305b. Protests

13 ‘‘(a) IN GENERAL.—An interested party may protest

14 an acquisition of supplies or services by an agency based

15 on an alleged violation of an acquisition law or regulation,

16 and a decision regarding such alleged violation shall be

17 made by the agency in accordance with this section.

18 ‘‘(b) RESTRICTION ON CONTRACT AWARD PENDING

19 DECISION.—(1) Except as provided in paragraph (2), a

20 contract may not be awarded by an agency after a protest

21 concerning the acquisition has been submitted under this

22 section and while the protest is pending.

23 ‘‘(2) The head of the acquisition activity responsible

24 for the award of the contract may authorize the award

25 of a contract, notwithstanding pending protest under this

26 section, upon making a written finding that urgent and
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1 compelling circumstances do not allow for waiting for a

2 decision on the protest.

3 ‘‘(c) RESTRICTION ON CONTRACT PERFORMANCE

4 PENDING DECISION.—(1) Except as provided in para5 graph (2), performance of a contract may not be author6 ized (and performance of the contract shall cease if per7 formance has already begun) in any case in which a pro8 test of the contract award is submitted under this section

9 before the later of—

10 ‘‘(A) the date that is 10 days after the date of

11 contract award; or

12 ‘‘(B) the date that is five days after an agency

13 debriefing date offered to an unsuccessful offeror for

14 any debriefing that is requested and, when re15 quested, is required, under section 2305(b)(5) of

16 this title.

17 ‘‘(2) The head of the acquisition activity responsible

18 for the award of a contract may authorize performance

19 of the contract notwithstanding a pending protest under

20 this section upon making a written finding that urgent

21 and compelling circumstances do not allow for waiting for

22 a decision on the protest.

23 ‘‘(d) DEADLINE FOR DECISION.—The head of an

24 agency shall issue a decision on a protest under this sec25 tion not later than the date that is 20 working days after
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1 the date on which the protest is submitted to such head

2 of an agency.

3 ‘‘(e) CONSTRUCTION.—Nothing in this section shall

4 affect the right of an interested party to file a protest with

5 the Comptroller General under subchapter V of chapter

6 35 of title 31 or in the United States Court of Federal

7 Claims.

8 ‘‘(f) DEFINITIONS.—In this section, the terms ‘pro9 test’ and ‘interested party’ have the meanings given such

10 terms in section 3551 of title 31.’’.

11 (2) The table of sections at the beginning of such

12 chapter is amended by inserting after the item relating

13 to section 2305a the following new item:

‘‘2305b. Protests.’’.

14 (b) OTHER AGENCIES.—Title III of the Federal

15 Property and Administrative Services Act of 1949 is

16 amended by inserting after section 303M (41 U.S.C.

17 253m) the following new section:

18 ‘‘SEC. 303N. PROTESTS.

19 ‘‘(a) IN GENERAL.—An interested party may protest

20 an acquisition of supplies or services by an executive agen21 cy based on an alleged violation of an acquisition law or

22 regulation, and a decision regarding such alleged violation

23 shall be made by the agency in accordance with this sec24 tion.
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1 ‘‘(b) RESTRICTION ON CONTRACT AWARD PENDING

2 DECISION.—(1) Except as provided in paragraph (2), a

3 contract may not be awarded by an agency after a protest

4 concerning the acquisition has been submitted under this

5 section and while the protest is pending.

6 ‘‘(2) The head of the acquisition activity responsible

7 for the award of a contract may authorize the award of

8 the contract, notwithstanding a pending protest under this

9 section, upon making a written finding that urgent and

10 compelling circumstances do not allow for waiting for a

11 decision on the protest.

12 ‘‘(c) RESTRICTION ON CONTRACT PERFORMANCE

13 PENDING DECISION.—(1) Except as provided in para14 graph (2), performance of a contract may not be author15 ized (and performance of the contract shall cease if per16 formance has already begun) in any case in which a pro17 test of the contract award is submitted under this section

18 before the later of—

19 ‘‘(A) the date that is 10 days after the date of

20 contract award; or

21 ‘‘(B) the date that is five days after an agency

22 debriefing date offered to an unsuccessful offeror for

23 any debriefing that is requested and, when re24 quested, is required, under section 303B(e) of this

25 title.
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1 ‘‘(2) The head of the acquisition activity responsible

2 for the award of a contract may authorize performance

3 of the contract notwithstanding a pending protest under

4 this section upon making a written finding that urgent

5 and compelling circumstances do not allow for waiting for

6 a decision on the protest.

7 ‘‘(d) DEADLINE FOR DECISION.—The head of an ex8 ecutive agency shall issue a decision on a protest under

9 this section not later than the date that is 20 working

10 days after the date on which the protest is submitted to

11 the executive agency.

12 ‘‘(e) CONSTRUCTION.—Nothing in this section shall

13 affect the right of an interested party to file a protest with

14 the Comptroller General under subchapter V of chapter

15 35 of title 31, United States Code, or in the United States

16 Court of Federal Claims.

17 ‘‘(f) DEFINITIONS.—In this section, the terms ‘pro18 test’ and ‘interested party’ have the meanings given such

19 terms in section 3551 of title 31, United States Code.’’.

20 (c) CONFORMING AMENDMENT.—Section 3553(d)(4)

21 of title 31, United States Code, is amended—

22 (1) in subparagraph (A), by striking ‘‘or’’ at

23 the end;

24 (2) by striking the period at the end of sub25 paragraph (B) and inserting ‘‘; or’’; and
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1 (3) by adding at the end the following new sub2 paragraph:

3 ‘‘(C) in the case of a protest of the same matter

4 regarding such contract that is submitted under sec5 tion 2305b of title 10 or section 303N of the Fed6 eral Property and Administrative Services Act of

7 1949, the date that is 5 days after the date on

8 which a decision on that protest is issued.’’.

9 SEC. 1428. IMPROVEMENTS IN CONTRACTING FOR ARCHI10 TECTURAL AND ENGINEERING SERVICES.

11 (a) TITLE 10.—Section 2855(b) of title 10, United

12 States Code, is amended—

13 (1) in paragraph (2), by striking ‘‘$85,000’’

14 and inserting ‘‘$300,000’’; and

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

16 paragraph:

17 ‘‘(4) The selection and competition requirements de18 scribed in subsection (a) shall apply to any contract for

19 architectural and engineering services (including surveying

20 and mapping services) that is entered into by the head

21 of an agency (as such term is defined in section 2302 of

22 this title).’’.

23 (b) ARCHITECTURAL AND ENGINEERING SERV24 ICES.—Architectural and engineering services (as defined

25 in section 1102 of title 40, United States Code) shall not
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1 be offered under multiple-award schedule contracts en2 tered into by the Administrator of General Services or

3 under Governmentwide task and delivery-order contracts

4 entered into under sections 2304a and 2304b of title 10,

5 United States Code, or sections 303H and 303I of the

6 Federal Property and Administrative Services Act of 1949

7 (41 U.S.C. 253h and 253i) unless such services—

8 (1) are performed under the direct supervision

9 of a professional engineer licensed in a State; and

10 (2) are awarded in accordance with the selec11 tion procedures set forth in chapter 11 of title 40,

12 United States Code.

13 SEC. 1429. AUTHORIZATION OF TELECOMMUTING FOR FED14 ERAL CONTRACTORS.

15 (a) AMENDMENT TO THE FEDERAL ACQUISITION

16 REGULATION.—Not later than 180 days after the date of

17 the enactment of this Act, the Federal Acquisition Regu18 latory Council shall amend the Federal Acquisition Regu19 lation issued in accordance with sections 6 and 25 of the

20 Office of Federal Procurement Policy Act (41 U.S.C. 405

21 and 421) to permit telecommuting by employees of Fed22 eral Government contractors in the performance of con23 tracts entered into with executive agencies.

24 (b) CONTENT OF AMENDMENT.—The regulation

25 issued pursuant to subsection (a) shall, at a minimum,
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1 provide that solicitations for the acquisition of property

2 or services may not set forth any requirement or evalua3 tion criteria that would—

4 (1) render an offeror ineligible to enter into a

5 contract on the basis of the inclusion of a plan of

6 the offeror to permit the offeror’s employees to tele7 commute; or

8 (2) reduce the scoring of an offer on the basis

9 of the inclusion in the offer of a plan of the offeror

10 to permit the offeror’s employees to telecommute,

11 unless the contracting officer concerned first—

12 (A) determines that the requirements of

13 the agency, including the security requirements

14 of the agency, cannot be met if the telecom15 muting is permitted; and

16 (B) documents in writing the basis for that

17 determination.

18 (c) GAO REPORT.—Not later than one year after the

19 date on which the regulation required by subsection (a)

20 is published in the Federal Register, the Comptroller Gen21 eral shall submit to Congress—

22 (1) an evaluation of—

23 (A) the conformance of the regulations

24 with law; and
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1 (B) the compliance by executive agencies

2 with the regulations; and

3 (2) any recommendations that the Comptroller

4 General considers appropriate.

5 (d) DEFINITION.—In this section, the term ‘‘execu6 tive agency’’ has the meaning given that term in section

7 4 of the Office of Federal Procurement Policy Act (41

8 U.S.C. 403).

9 Subtitle C—Contract Incentives

10 SEC. 1431. INCENTIVES FOR CONTRACT EFFICIENCY.

11 (a) INCENTIVES FOR CONTRACT EFFICIENCY.—The

12 Office of Federal Procurement Policy Act (41 U.S.C. 403

13 et seq.) is amended by adding at the end the following

14 new section:

15 ‘‘SEC. 41. INCENTIVES FOR EFFICIENT PERFORMANCE OF

16 SERVICES CONTRACTS.

17 ‘‘(a) OPTIONS FOR SERVICES CONTRACTS.—An op18 tion included in a contract for services to extend the con19 tract by one or more periods may provide that it be exer20 cised on the basis of exceptional performance by the con21 tractor. A contract that contains such an option provision

22 shall include performance standards for measuring per23 formance under the contract, and to the maximum extent

24 practicable be performance-based. Such option provision

25 shall only be exercised in accordance with applicable provi-
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1 sions of law or regulation that set forth restrictions on

2 the duration of the contract containing the option.

3 ‘‘(b) DEFINITION OF PERFORMANCE-BASED.—In

4 this section, the term ‘performance-based’, with respect to

5 a contract, task order, or contracting, means that the con6 tract, task order, or contracting, respectively, includes the

7 use of performance work statements that set forth con8 tract requirements in clear, specific, and objective terms

9 with measurable outcomes.’’.

10 (b) CLERICAL AND TECHNICAL AMENDMENTS.—(1)

11 The table of contents in section 1(b) of such Act is amend12 ed 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.’’.

13 (2) The section before section 41 of such Act (as

14 added by subsection (a)) is redesignated as section 40.

15 Subtitle D—Acquisitions of

16 Commercial Items

17 SEC. 1441. ADDITIONAL INCENTIVE FOR USE OF PERFORM18 ANCE-BASED CONTRACTING FOR SERVICES.

19 (a) OTHER CONTRACTS.—Section 41 of the Office of

20 Federal Procurement Policy Act, as added by section

21 1431, is amended—

22 (1) by redesignating subsection (b) as sub23 section (c); and
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1 (2) by inserting after subsection (a) the fol2 lowing new subsection:

3 ‘‘(b) INCENTIVE FOR USE OF PERFORMANCE-BASED

4 SERVICES CONTRACTS.—(1) A performance-based con5 tract for the procurement of services entered into by an

6 executive agency or a performance-based task order for

7 services issued by an executive agency may be treated as

8 a contract for the procurement of commercial items if—

9 ‘‘(A) the contract or task order sets forth spe10 cifically each task to be performed and, for each

11 task—

12 ‘‘(i) defines the task in measurable, mis13 sion-related terms; and

14 ‘‘(ii) identifies the specific end products or

15 output to be achieved; and

16 ‘‘(B) the source of the services provides similar

17 services to the general public under terms and condi18 tions similar to those offered to the Federal Govern19 ment.

20 ‘‘(2) The regulations implementing this subsection

21 shall require agencies to collect and maintain reliable data

22 sufficient to identify the contracts or task orders treated

23 as contracts for commercial items using the authority of

24 this subsection. The data may be collected using the Fed-
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1 eral Procurement Data System or other reporting mecha2 nism.

3 ‘‘(3) Not later than two years after the date of the

4 enactment of this subsection, the Director of the Office

5 of Management and Budget shall prepare and submit to

6 the Committees on Governmental Affairs and on Armed

7 Services of the Senate and the Committees on Government

8 Reform and on Armed Services of the House of Represent9 atives a report on the contracts or task orders treated as

10 contracts for commercial items using the authority of this

11 subsection. The report shall include data on the use of

12 such authority both government-wide and for each depart13 ment and agency.

14 ‘‘(4) The authority under this subsection shall expire

15 10 years after the date of the enactment of this sub16 section.’’.

17 (b) CENTER OF EXCELLENCE IN SERVICE CON18 TRACTING.—Not later than 180 days after the date of the

19 enactment of this Act, the Administrator for Federal Pro20 curement Policy shall establish a center of excellence in

21 contracting for services. The center of excellence shall as22 sist the acquisition community by identifying, and serving

23 as a clearinghouse for, best practices in contracting for

24 services in the public and private sectors.
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1 (c) REPEAL OF SUPERSEDED PROVISION.—Sub2 section (b) of section 821 of the Floyd D. Spence National

3 Defense Authorization Act for Fiscal Year 2001 (as en4 acted into law by Public Law 106–398; 114 Stat. 1654A–

5 218) is repealed.

6 SEC. 1442. AUTHORIZATION OF ADDITIONAL COMMERCIAL

7 CONTRACT TYPES.

8 Section 8002(d) of the Federal Acquisition Stream9 lining Act of 1994 (Public Law 103–355; 108 Stat. 3387;

10 41 U.S.C. 264 note) is amended—

11 (1) in paragraph (1), by striking ‘‘and’’;

12 (2) by striking the period at the end of para13 graph (2) and inserting ‘‘; and’’; and

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

15 paragraph:

16 ‘‘(3) authority for use of a time and materials

17 contract or a labor-hour contract for the procure18 ment of commercial services that are commonly sold

19 to the general public through such contracts.’’.

20 SEC. 1443. CLARIFICATION OF COMMERCIAL SERVICES

21 DEFINITION.

22 Subparagraph (F) of section 4(12) of the Office of

23 Federal Procurement Policy Act (41 U.S.C. 403(12)(F))

24 is amended—

25 (1) by striking ‘‘catalog or’’; and
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1 (2) by inserting ‘‘or specific outcomes to be

2 achieved’’ after ‘‘performed’’.

3 SEC. 1444. DESIGNATION OF COMMERCIAL BUSINESS ENTI4 TIES.

5 (a) IN GENERAL.—Section 4 of the Office of Federal

6 Procurement Policy Act (41 U.S.C. 403), as amended by

7 section 1411, is further amended—

8 (1) by adding at the end of paragraph (12) the

9 following new subparagraph:

10 ‘‘(I) Items or services produced or provided

11 by a commercial entity.’’; and

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

13 paragraph:

14 ‘‘(17) The term ‘commercial entity’ means any

15 enterprise whose primary customers are other than

16 the Federal Government. In order to qualify as a

17 commercial entity, at least 90 percent (in dollars) of

18 the sales of the enterprise over the past three busi19 ness years must have been made to private sector

20 entities.’’.

21 (b) COLLECTION OF DATA.—Regulations imple22 menting the amendments made by subsection (a) shall re23 quire agencies to collect and maintain reliable data suffi24 cient to identify the contracts entered into or task orders

25 awarded for items or services produced or provided by a
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1 commercial entity. The data may be collected using the

2 Federal Procurement Data System or other reporting

3 mechanism.

4 (c) OMB REPORT.—Not later than two years after

5 the date of the enactment of this subsection, the Director

6 of the Office of Management and Budget shall prepare

7 and submit to the Committees on Governmental Affairs

8 and on Armed Services of the Senate and the Committees

9 on Government Reform and on Armed Services of the

10 House of Representatives a report on the contracts en11 tered into or task orders awarded for items or services

12 produced or provided by a commercial entity. The report

13 shall include data on the use of such authority both gov14 ernment-wide and for each department and agency.

15 (d) COMPTROLLER GENERAL REVIEW.—The Comp16 troller General shall review the implementation of the

17 amendments made by subsection (a) to evaluate the effec18 tiveness of such implementation in increasing the avail19 ability of items and services to the Federal Government

20 at fair and reasonable prices.
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1 Subtitle E—Other Matters

2 SEC. 1451. AUTHORITY TO ENTER INTO CERTAIN PROCURE3 MENT-RELATED TRANSACTIONS AND TO

4 CARRY OUT CERTAIN PROTOTYPE PROJECTS.

5 Title III of the Federal Property and Administrative

6 Services Act of 1949 (41 U.S.C. 251 et seq.) is amended

7 by adding at the end the following new section:

8 ‘‘SEC. 318. AUTHORITY TO ENTER INTO CERTAIN TRANS9 ACTIONS FOR DEFENSE AGAINST OR RECOV10 ERY FROM TERRORISM OR NUCLEAR, BIO11 LOGICAL, CHEMICAL, OR RADIOLOGICAL AT12 TACK.

13 ‘‘(a) AUTHORITY.—

14 ‘‘(1) IN GENERAL.—The head of an executive

15 agency who engages in basic research, applied re16 search, advanced research, and development projects

17 that—

18 ‘‘(A) are necessary to the responsibilities of

19 such official’s executive agency in the field of

20 research and development, and

21 ‘‘(B) have the potential to facilitate de22 fense against or recovery from terrorism or nu23 clear, biological, chemical, or radiological at24 tack,
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1 may exercise the same authority (subject to the

2 same restrictions and conditions) with respect to

3 such research and projects as the Secretary of De4 fense may exercise under section 2371 of title 10,

5 United States Code, except for subsections (b) and

6 (f) of such section 2371.

7 ‘‘(2) PROTOTYPE PROJECTS.—The head of an

8 executive agency may, under the authority of para9 graph (1), carry out prototype projects that meet the

10 requirements of subparagraphs (A) and (B) of para11 graph (1) in accordance with the requirements and

12 conditions provided for carrying out prototype

13 projects under section 845 of the National Defense

14 Authorization Act for Fiscal Year 1994 (Public Law

15 103–160; 10 U.S.C. 2371 note). In applying the re16 quirements and conditions of that section 845—

17 ‘‘(A) subsection (c) of that section shall

18 apply with respect to prototype projects carried

19 out under this paragraph; and

20 ‘‘(B) the Director of the Office of Manage21 ment and Budget shall perform the functions of

22 the Secretary of Defense under subsection (d)

23 of that section.

24 ‘‘(3) APPLICABILITY TO SELECTED EXECUTIVE

25 AGENCIES.—
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1 ‘‘(A) OMB AUTHORIZATION REQUIRED.—

2 The head of an executive agency may exercise

3 authority under this subsection only if author4 ized by the Director of the Office of Manage5 ment and Budget to do so.

6 ‘‘(B) RELATIONSHIP TO AUTHORITY OF

7 DEPARTMENT OF HOMELAND SECURITY.—The

8 authority under this subsection shall not apply

9 to the Secretary of Homeland Security while

10 section 831 of the Homeland Security Act of

11 2002 (Public Law 107-296; 116 Stat. 2224) is

12 in effect.

13 ‘‘(b) ANNUAL REPORT.—The annual report of the

14 head of an executive agency that is required under sub15 section (h) of section 2371 of title 10, United States Code,

16 as applied to the head of the executive agency by sub17 section (a), shall be submitted to the Committee on Gov18 ernmental Affairs of the Senate and the Committee on

19 Government Reform of the House of Representatives.

20 ‘‘(c) REGULATIONS.—The Director of the Office of

21 Management and Budget shall prescribe regulations to

22 carry out this section.’’.
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1 SEC. 1452. AUTHORITY TO MAKE INFLATION ADJUSTMENTS

2 TO SIMPLIFIED ACQUISITION THRESHOLD.

3 Section 4(11) of the Office of Federal Procurement

4 Policy Act (41 U.S.C. 403(11)) is amended by inserting

5 before the period at the end the following: ‘‘, except that

6 such amount may be adjusted by the Administrator every

7 five years to the amount equal to $100,000 in constant

8 fiscal year 2003 dollars (rounded to the nearest

9 $10,000)’’.

10 SEC. 1453. PROHIBITION ON USE OF QUOTAS.

11 (a) IN GENERAL.—After the date of enactment of

12 this Act, the Office of Management and Budget may not

13 establish, apply, or enforce any numerical goal, target, or

14 quota for subjecting the employees of a department or

15 agency of the Government to public-private competitions

16 or converting such employees or the work performed by

17 such employees to contractor performance under Office of

18 Management and Budget Circular A-76 or any other ad19 ministrative regulation, directive, or policy unless the goal,

20 target, or quota is based on considered research and sound

21 analysis of past activities and is consistent with the stated

22 mission of the department or agency.

23 (b) LIMITATIONS.—Subsection (a) shall not—

24 (1) otherwise affect the implementation or en25 forcement of the Government Performance and Re26 sults Act of 1993 (107 Stat. 285); or
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1 (2) prevent any agency of the Executive branch

2 from subjecting work performed by Federal employ3 ees or private contractors to public-private competi4 tion or conversions.

5 SEC. 1454. APPLICABILITY OF CERTAIN PROVISIONS TO

6 SOLE SOURCE CONTRACTS FOR GOODS AND

7 SERVICES TREATED AS COMMERCIAL ITEMS.

8 (a) IN GENERAL.—No contract awarded on a sole

9 source basis for the procurement of items or services that

10 are treated as or deemed to be commercial items pursuant

11 to the amendments made by section 1441, 1444, or 1457

12 of this Act shall be exempt from—

13 (1) cost accounting standards promulgated pur14 suant to section 26 of the Office of Federal Procure15 ment Policy Act (41 U.S.C. 422); and

16 (2) cost or pricing data requirements (com17 monly referred to as truth in negotiating) under sec18 tion 2306a of title 10, United States Code, and sec19 tion 304A of title III of the Federal Property and

20 Administrative Services Act of 1949 (41 U.S.C.

21 254b).

22 (b) LIMITATION.—This section shall not apply to any

23 contract in an amount not greater than $15,000,000.
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1 SEC. 1455. PUBLIC DISCLOSURE OF NONCOMPETITIVE CON2 TRACTING FOR THE RECONSTRUCTION OF

3 INFRASTRUCTURE IN IRAQ.

4 (a) DISCLOSURE REQUIRED.—

5 (1) PUBLICATION AND PUBLIC AVAILABILITY.—

6 The head of an executive agency of the United

7 States that enters into a contract for the repair,

8 maintenance, or construction of infrastructure in

9 Iraq without full and open competition shall publish

10 in the Federal Register or Commerce Business Daily

11 and otherwise make available to the public, not later

12 than 30 days after the date on which the contract

13 is entered 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

18 agency identified, and solicited offers from, po19 tential contractors to perform the contract, to20 gether with a list of the potential contractors

21 that were 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

2 FISCAL YEAR 2013.—Paragraph (1) does not apply

3 to a contract entered into after September 30, 2013.

4 (b) CLASSIFIED INFORMATION.—

5 (1) AUTHORITY TO WITHHOLD.—The head of

6 an 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

10 with an Executive order in the interest of na11 tional defense 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 sub15 section (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 Gov-
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1 ernment Reform of the House of Representa2 tives.

3 (B) The Committees on Appropriations of

4 the Senate and House of Representatives.

5 (C) Each committee that the head of the

6 executive agency determines has legislative ju7 risdiction for the operations of such department

8 or agency to which the information relates.

9 (c) FISCAL YEAR 2003 CONTRACTS.—This section

10 shall apply to contracts entered into on or after October

11 1, 2002, except that, in the case of a contract entered into

12 before the date of the enactment of this Act, subsection

13 (a) shall be applied as if the contract had been entered

14 into on the date of the enactment of this Act.

15 (d) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—

16 Nothing in this section shall be construed as affecting obli17 gations to disclose United States Government information

18 under any other provision of law.

19 (e) DEFINITIONS.—In this section, the terms ‘‘execu20 tive agency’’ and ‘‘full and open competition’’ have the

21 meanings given such terms in section 4 of the Office of

22 Federal Procurement Policy Act (41 U.S.C. 403).
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1 SEC. 1456. AMENDMENTS RELATING TO FEDERAL EMER2 GENCY PROCUREMENT FLEXIBILITY.

3 (a) REPEAL OF SUNSET FOR AUTHORITIES APPLICA4 BLE TO PROCUREMENTS FOR DEFENSE AGAINST OR RE5 COVERY FROM TERRORISM OR NUCLEAR, BIOLOGICAL,

6 CHEMICAL, OR RADIOLOGICAL ATTACK.—Section 852 of

7 the Homeland Security Act of 2002 (Public Law 107–296;

8 116 Stat. 2235) is amended by striking ‘‘, but only if a

9 solicitation of offers for the procurement is issued during

10 the 1-year period beginning on the date of the enactment

11 of this Act’’.

12 (b) APPLICABILITY OF INCREASED SIMPLIFIED AC13 QUISITION THRESHOLD.—(1) The matter preceding para14 graph (1) of section 853(a) of the Homeland Security Act

15 of 2002 (Public Law 107–296; 116 Stat. 2235) is amend16 ed to read as follows:

17 ‘‘(a) THRESHOLD AMOUNTS.—For a procurement re18 ferred to in section 852, the simplified acquisition thresh19 old referred to in section 4(11) of the Office of Federal

20 Procurement Policy Act (41 U.S.C. 403(11)) is deemed

21 to be—’’.

22 (2) Subsections (b) and (c) of section 853 of such

23 Act are repealed.

24 (3) The heading of section 853 of such Act is amend25 ed to read as follows:
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1 ‘‘SEC. 853. INCREASED SIMPLIFIED ACQUISITION THRESH2 OLD FOR CERTAIN PROCUREMENTS.’’.

3 (4) The table of contents in section 1(b) of such Act

4 is amended by striking the item relating to section 853

5 and inserting the following:

‘‘Sec. 853. Increased simplified acquisition threshold for certain procurements.’’.

6 (5) Section 18(c)(1) of the Office of Federal Procure7 ment Policy Act (41 U.S.C. 416(c)(1)) is amended—

8 (A) by striking ‘‘or’’ at the end of subpara9 graph (G);

10 (B) by striking the period at the end of sub11 paragraph (H) and inserting ‘‘; or’’; and

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

13 ‘‘(I) the procurement is by the head of an exec14 utive agency pursuant to the special procedures pro15 vided in section 853 of the Homeland Security Act

16 of 2002 (Public Law 107–296).’’.

17 (c) APPLICABILITY OF CERTAIN COMMERCIAL ITEMS

18 AUTHORITIES.—(1) Subsection (a) of section 855 of the

19 Homeland Security Act of 2002 (Public Law 107–296;

20 116 Stat. 2236) is amended to read as follows:

21 ‘‘(a) AUTHORITY.—With respect to a procurement re22 ferred to in section 852, the head of an executive agency

23 may deem any item or service to be a commercial item

24 for the purpose of Federal procurement laws.’’.
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1 (2) Subsection (b)(1) of section 855 of such Act is

2 amended by striking ‘‘to which any of the provisions of

3 law referred to in subsection (a) are applied’’.

4 (d) EXTENSION OF DEADLINE FOR REVIEW AND RE5 PORT.—Section 857(a) of the Homeland Security Act of

6 2002 (Public Law 107–296; 116 Stat. 2237) is amended

7 by striking ‘‘2004’’ and inserting ‘‘2006’’.

8 TITLE XV—HIGHER EDUCATION

9 RELIEF OPPORTUNITIES FOR

10 STUDENTS

11 SEC. 1501. SHORT TITLE; REFERENCE.

12 (a) SHORT TITLE.—This title may be cited as the

13 ‘‘Higher Education Relief Opportunities for Students Act

14 of 2003’’.

15 (b) REFERENCE.—References in this title to ‘‘the

16 Act’’ are references to the Higher Education Act of 1965

17 (20 U.S.C. 1001 et seq.).

18 SEC. 1502. WAIVER AUTHORITY FOR RESPONSE TO MILI19 TARY CONTINGENCIES AND NATIONAL EMER20 GENCIES.

21 (a) WAIVERS AND MODIFICATIONS.—

22 (1) IN GENERAL.—Notwithstanding any other

23 provision of law, unless enacted with specific ref24 erence to this section, the Secretary of Education

25 (referred to in this title as the ‘‘Secretary’’) may
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1 waive or modify any statutory or regulatory provi2 sion applicable to the student financial assistance

3 programs under title IV of the Act as the Secretary

4 deems necessary in connection with a war or other

5 military operation or national emergency to provide

6 the waivers or modifications authorized by para7 graph (2).

8 (2) ACTIONS AUTHORIZED.—The Secretary is

9 authorized to waive or modify any provision de10 scribed in paragraph (1) as may be necessary to en11 sure that—

12 (A) recipients of student financial assist13 ance under title IV of the Act who are affected

14 individuals are not placed in a worse position fi15 nancially in relation to that financial assistance

16 because of their status as affected individuals;

17 (B) administrative requirements placed on

18 affected individuals who are recipients of stu19 dent financial assistance are minimized, to the

20 extent possible without impairing the integrity

21 of the student financial assistance programs, to

22 ease the burden on such students and avoid in23 advertent, technical violations or defaults;

24 (C) the calculation of ‘‘annual adjusted

25 family income’’ and ‘‘available income’’, as used
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1 in the determination of need for student finan2 cial assistance under title IV of the Act for any

3 such affected individual (and the determination

4 of such need for his or her spouse and depend5 ents, if applicable), may be modified to mean

6 the sums received in the first calendar year of

7 the award year for which such determination is

8 made, in order to reflect more accurately the fi9 nancial condition of such affected individual

10 and his or her family;

11 (D) the calculation under section

12 484B(b)(2) of the Act (20 U.S.C. 1091b(b)(2))

13 of the amount a student is required to return

14 in the case of an affected individual may be

15 modified so that no overpayment will be re16 quired to be returned or repaid if the institution

17 has documented (i) the student’s status as an

18 affected individual in the student’s file, and (ii)

19 the amount of any overpayment discharged; and

20 (E) institutions of higher education, eligi21 ble lenders, guaranty agencies, and other enti22 ties participating in the student assistance pro23 grams under title IV of the Act that are located

24 in areas that are declared disaster areas by any

25 Federal, State or local official in connection
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1 with a national emergency, or whose operations

2 are significantly affected by such a disaster,

3 may be granted temporary relief from require4 ments that are rendered infeasible or unreason5 able by a national emergency, including due

6 diligence requirements and reporting deadlines.

7 (b) NOTICE OF WAIVERS OR MODIFICATIONS.—

8 (1) IN GENERAL.—Notwithstanding section 437

9 of the General Education Provisions Act (20 U.S.C.

10 1232) and section 553 of title 5, United States

11 Code, the Secretary shall, by notice in the Federal

12 Register, publish the waivers or modifications of

13 statutory and regulatory provisions the Secretary

14 deems necessary to achieve the purposes of this sec15 tion.

16 (2) TERMS AND CONDITIONS.—The notice

17 under paragraph (1) shall include the terms and

18 conditions to be applied in lieu of such statutory and

19 regulatory provisions.

20 (3) CASE-BY-CASE BASIS.—The Secretary is not

21 required to exercise the waiver or modification au22 thority under this section on a case-by-case basis.

23 (c) IMPACT REPORT.—The Secretary shall, not later

24 than 15 months after first exercising any authority to

25 issue a waiver or modification under subsection (a), report
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1 to the Committee on Education and the Workforce of the

2 House of Representatives and the Committee on Health,

3 Education, Labor and Pensions of the Senate on the im4 pact of any waivers or modifications issued pursuant to

5 subsection (a) on affected individuals and the programs

6 under title IV of the Act, and the basis for such deter7 mination, and include in such report the Secretary’s rec8 ommendations for changes to the statutory or regulatory

9 provisions that were the subject of such waiver or modi10 fication.

11 (d) NO DELAY IN WAIVERS AND MODIFICATIONS.—

12 Sections 482(c) and 492 of the Higher Education Act of

13 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the

14 waivers and modifications authorized or required by this

15 title.

16 SEC. 1503. TUITION REFUNDS OR CREDITS FOR MEMBERS

17 OF ARMED FORCES.

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that—

20 (1) all institutions offering postsecondary edu21 cation should provide a full refund to students who

22 are affected individuals for that portion of a period

23 of instruction such student was unable to complete,

24 or for which such individual did not receive academic
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1 credit, because he or she was called up for active

2 duty or active service; and

3 (2) if affected individuals withdraw from a

4 course of study as a result of such active duty or ac5 tive service, such institutions should make every ef6 fort to minimize deferral of enrollment or reapplica7 tion requirements and should provide the greatest

8 flexibility possible with administrative deadlines re9 lated to those applications.

10 (b) DEFINITION OF FULL REFUND.—For purposes

11 of this section, a full refund includes a refund of required

12 tuition and fees, or a credit in a comparable amount

13 against future tuition and fees.

14 SEC. 1504. USE OF PROFESSIONAL JUDGMENT.

15 A financial aid administrator shall be considered to

16 be making a necessary adjustment in accordance with sec17 tion 479A(a) of the Act if the administrator makes adjust18 ments with respect to the calculation of the expected stu19 dent or parent contribution (or both) of an affected indi20 vidual, and adequately documents the need for the adjust21 ment.

22 SEC. 1505. DEFINITIONS.

23 In this title:

24 (1) ACTIVE DUTY.—The term ‘‘active duty’’ has

25 the meaning given such term in section 101(d)(1) of
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1 title 10, United States Code, except that such term

2 does not include active duty for training or attend3 ance at a service school.

4 (2) AFFECTED INDIVIDUAL.—The term ‘‘af5 fected individual’’ means an individual who—

6 (A) is serving on active duty during a war

7 or other military operation or national emer8 gency;

9 (B) is performing qualifying National

10 Guard duty during a war or other military op11 eration or national emergency;

12 (C) resides or is employed in an area that

13 is declared a disaster area by any Federal,

14 State, or local official in connection with a na15 tional emergency; or

16 (D) suffered direct economic hardship as a

17 direct result of a war or other military oper18 ation or national emergency, as determined by

19 the Secretary.

20 (3) MILITARY OPERATION.—The term ‘‘military

21 operation’’ means a contingency operation as such

22 term is defined in section 101(a)(13) of title 10,

23 United States Code.
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1 (4) NATIONAL EMERGENCY.—The term ‘‘na2 tional emergency’’ means a national emergency de3 clared by the President of the United States.

4 (5) SERVING ON ACTIVE DUTY.—The term

5 ‘‘serving on active duty during a war or other mili6 tary operation or national emergency’’ shall include

7 service by an individual who is—

8 (A) a Reserve of an Armed Force ordered

9 to active duty under section 12301(a),

10 12301(g), 12302, 12304, or 12306 of title 10,

11 United States Code, or any retired member of

12 an Armed Force ordered to active duty under

13 section 688 of such title, for service in connec14 tion with a war or other military operation or

15 national emergency, regardless of the location

16 at which such active duty service is performed;

17 and

18 (B) any other member of an Armed Force

19 on active duty in connection with such war, op20 eration, or emergency or subsequent actions or

21 conditions who has been assigned to a duty sta22 tion at a location other than the location at

23 which such member is normally assigned.

24 (6) QUALIFYING NATIONAL GUARD DUTY.—The

25 term ‘‘qualifying National Guard duty during a war
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1 or other military operation or national emergency’’

2 means service as a member of the National Guard

3 on full-time National Guard duty (as defined in sec4 tion 101(d)(5) of title 10, United States Code)

5 under a call to active service authorized by the

6 President or the Secretary of Defense for a period

7 of more than 30 consecutive days under section

8 502(f) of title 32, United States Code, in connection

9 with a war, another military operation, or a national

10 emergency declared by the President and supported

11 by Federal funds.

12 SEC. 1506. TERMINATION OF AUTHORITY.

13 The provisions of this title shall cease to be effective

14 at the close of September 30, 2005.

15 DIVISION B—MILITARY CON16 STRUCTION AUTHORIZA17 TIONS

18 SEC. 2001. SHORT TITLE.

19 This division may be cited as the ‘‘Military Construc20 tion Authorization Act for Fiscal Year 2004’’.

21 TITLE XXI—ARMY

22 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

23 ACQUISITION PROJECTS.

24 (a) INSIDE THE UNITED STATES.—Using amounts

25 appropriated pursuant to the authorization of appropria-
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1 tions in section 2104(a)(1), the Secretary of the Army

2 may acquire real property and carry out military construc3 tion projects for the installations and locations inside the

4 United States, and in the amounts, set forth in the fol5 lowing 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

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

6 (b) OUTSIDE THE UNITED STATES.—Subject to sub7 section (c), using amounts appropriated pursuant to the

8 authorization of appropriations in section 2104(a)(2), the

9 Secretary of the Army may acquire real property and

10 carry out military construction projects for the installa11 tions and locations outside the United States, and in the

12 amounts, set forth in the following table:
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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

1 (c) CONDITION ON PROJECTS AUTHORIZATION.—

2 The authority of the Secretary of the Army to proceed

3 with the projects at Camp Humphreys, Korea, referred to

4 in the table in subsection (b), and to obligate amounts ap5 propriated pursuant to the authorization of appropriations

6 in section 2104(a)(2) in connection with such project, is

7 subject to the condition that the Secretary submit to the

8 congressional defense committees written notice in ad9 vance that the United States and the Republic of Korea

10 have entered into an agreement to ensure the availability

11 and use of land sufficient for such projects.

12 SEC. 2102. FAMILY HOUSING.

13 (a) CONSTRUCTION AND ACQUISITION.—Using

14 amounts appropriated pursuant to the authorization of ap15 propriations in section 2104(a)(5)(A), the Secretary of the

16 Army may construct or acquire family housing units (in17 cluding land acquisition and supporting facilities) at the

18 installations, for the purposes, and in the amounts set

19 forth in the following table:
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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

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2104(a)(5)(A), the Secretary of the Army may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of family housing units in an amount not

7 to exceed $34,488,000.

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2104(a)(5)(A),

13 the Secretary of the Army may improve existing military

14 family housing units in an amount not to exceed

15 $156,030,000.

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

17 (a) IN GENERAL.—Funds are hereby authorized to

18 be appropriated for fiscal years beginning after September

19 30, 2003, for military construction, land acquisition, and
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1 military family housing functions of the Department of the

2 Army in the total amount of $3,056,697,000, as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2101(a),

5 $902,000,000.

6 (2) For military construction projects outside

7 the United States authorized by section 2101(b),

8 $359,350,000.

9 (3) For unspecified minor construction projects

10 authorized by section 2805 of title 10, United States

11 Code, $22,550,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $128,580,000.

15 (5) For military family housing functions:

16 (A) For construction and acquisition, plan17 ning and design, and improvement of military

18 family housing and facilities, $409,191,000.

19 (B) For support of military family housing

20 (including the functions described in section

21 2833 of title 10, United States Code),

22 $1,043,026,000.

23 (6) For the construction of phase 3 of a bar24 racks complex, D Street, at Fort Richardson, Alas25 ka, authorized by section 2101(a) of the Military
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1 Construction Authorization Act for Fiscal Year 2002

2 (division B of Public Law 107–107; 115 Stat.

3 1280), as amended by section 2105 of this Act,

4 $33,000,000.

5 (7) For the construction of phase 3 of a bar6 racks complex, 17th and B Streets, at Fort Lewis,

7 Washington, authorized by section 2101(a) of the

8 Military Construction Authorization Act for Fiscal

9 Year 2002 (division B of Public Law 107–107; 115

10 Stat. 1280), $48,000,000.

11 (8) For the construction of phase 2 of a bar12 racks complex, Capron Road, at Schofield Barracks,

13 Hawaii, authorized by section 2101(a) of the Mili14 tary Construction Authorization Act for Fiscal Year

15 2003 (division B of Public Law 107–314; 116 Stat.

16 2681), $49,000,000.

17 (9) For the construction of phase 2 of a bar18 racks complex, Range Road, at Fort Campbell, Ken19 tucky, authorized by section 2101(a) of the Military

20 Construction Authorization Act for Fiscal Year 2003

21 (division B of Public Law 107–314; 116 Stat.

22 2681), $49,000,000.

23 (10) For the construction of phase 2 of a con24 solidated maintenance complex at Fort Sill, Okla25 homa, authorized by section 2101(a) of the Military
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1 Construction Authorization Act for Fiscal Year 2003

2 (division B of Public Law 107–314; 116 Stat.

3 2681), $13,000,000.

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 2101 of this Act

9 may not exceed the sum of the following:

10 (1) The total amount authorized to be appro11 priated under paragraphs (1) and (2) of subsection

12 (a).

13 (2) $32,000,000 (the balance of the amount au14 thorized under section 2101(a) for construction of a

15 barracks, Fort Stewart/Hunter Army Airfield, Geor16 gia).

17 (3) $87,000,000 (the balance of the amount au18 thorized under section 2101(a) for construction of

19 the Lewis and Clark Instructional Facility, Fort

20 Leavenworth, Kansas).

21 (4) $43,000,000 (the balance of the amount au22 thorized under section 2101(a) for construction of a

23 barracks complex, Wheeler Army Airfield, Fort

24 Drum, New York).
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1 (5) $50,000,000 (the balance of the amount au2 thorized under section 2101(a) for construction of a

3 barracks complex, Bastogne Drive, Fort Bragg,

4 North Carolina).

5 (6) $18,900,000 (the balance of the amount au6 thorized under section 2101(b) for construction of a

7 barracks complex, Vilseck, Germany).

8 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

9 CERTAIN FISCAL YEAR 2002 PROJECTS.

10 (a) MODIFICATION.—The table in section 2101(a) of

11 the Military Construction Authorization Act for Fiscal

12 Year 2002 (division B of Public Law 107–107; 115 Stat.

13 1281), as amended by section 2105 of the Military Con14 struction Authorization Act for Fiscal Year 2003 (division

15 B of Public Law 107–314; 116 Stat. 2689), is further

16 amended—

17 (1) in the item relating to Fort Richardson,

18 Alaska, by striking ‘‘$115,000,000’’ in the amount

19 column and inserting ‘‘$117,000,000’’; and

20 (2) by striking the amount identified as the

21 total in the amount column and inserting

22 ‘‘$1,364,750,000’’.

23 (b) CONFORMING AMENDMENT.—Section 2104(b)(2)

24 of that Act (115 Stat. 1284) is amended by striking

25 ‘‘$52,000,000’’ and inserting ‘‘$54,000,000’’.
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1 TITLE XXII—NAVY

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

3 ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts

5 appropriated pursuant to the authorization of appropria6 tions in section 2204(a)(1), the Secretary of the Navy may

7 acquire real property and carry out military construction

8 projects for the installations and locations inside the

9 United States, and in the amounts, set forth in the fol10 lowing 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

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
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Navy: Inside the United States—Continued

State Installation or location Amount

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

6 in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain .......................... Naval Support Activity, Bahrain ............ $18,030,000

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

7 SEC. 2202. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap-
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1 propriations in section 2204(a)(5)(A), the Secretary of the

2 Navy may construct or acquire family housing units (in3 cluding land acquisition and supporting facilities) at the

4 installations, for the purposes, and in the amounts set

5 forth in the following table:

Navy: Family Housing

State or Country Installation or location Purpose Amount

California ...................... Naval Air Station,

Lemoore ......................... 187 Units .... $41,585,000

Florida .......................... Naval Air Station, Pensacola ................................ 25 Units ...... $4,447,000

North Carolina ............. Marine Corps Air Station,

Cherry Point .................. 339 Units .... 42,803,000

Marine Corps Base, Camp

Lejeune .......................... 519 Units .... $68,531,000

Total .... $157,366,000

6 (b) PLANNING AND DESIGN.—Using amounts appro7 priated pursuant to the authorization of appropriation in

8 section 2204(a)(5)(A), the Secretary of the Navy may

9 carry out architectural and engineering services and con10 struction design activities with respect to the construction

11 or improvement of military family housing units in an

12 amount not to exceed $8,381,000.

13 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

14 UNITS.

15 Subject to section 2825 of title 10, United States

16 Code, and using amounts appropriated pursuant to the

17 authorization of appropriations in section 2204(a)(5)(A),

18 the Secretary of the Navy may improve existing military

19 family housing units in an amount not to exceed

20 $20,446,000.
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1 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

2 (a) IN GENERAL.—Funds are hereby authorized to

3 be appropriated for fiscal years beginning after September

4 30, 2003, for military construction, land acquisition, and

5 military family housing functions of the Department of the

6 Navy in the total amount of $2,288,917,000, as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2201(a),

9 $1,005,882,000.

10 (2) For military construction projects outside

11 the United States authorized by section 2201(b),

12 $114,569,000.

13 (3) For unspecified minor construction projects

14 authorized by section 2805 of title 10, United States

15 Code, $13,624,000.

16 (4) For architectural and engineering services

17 and construction design under section 2807 of title

18 10, United States Code, $71,141,000.

19 (5) For military family housing functions:

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military

22 family housing and facilities, $184,193,000.

23 (B) For support of military family housing

24 (including functions described in section 2833

25 of title 10, United States Code), $852,778,000.
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1 (6) For construction of a bachelors enlisted

2 quarters shipboard ashore at Naval Shipyard Nor3 folk, Virginia, authorized by section 2201(a) of the

4 Military Construction Authorization Act for Fiscal

5 Year 2003 (division B of Public Law 107-314; 116

6 Stat. 2687), $46,730,000.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variation authorized by law, the total cost

11 of all projects carried out under section 2201 of this Act

12 may not exceed the sum of the following:

13 (1) The total amount authorized to be appro14 priated under paragraphs (1) and (2) of subsection

15 (a).

16 (2) $25,690,000 (the balance of the amount au17 thorized under section 2101(a) for construction of a

18 tertiary sewage treatment facility, Marine Corp

19 Base, Camp Pendleton, California).

20 (3) $58,190,000 (the balance of the amount au21 thorized under section 2101(a) for construction of a

22 battle station training facility, Naval Training Cen23 ter, Great Lakes, Illinois).

24 (4) $96,980,000 (the balance of the amount au25 thorized under section 2101(a) for construction of a
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1 general purpose berthing pier, Naval Weapons Sta2 tion Earle, New Jersey).

3 (5) $118,170,000 (the balance of the amount

4 authorized under section 2101(a) for construction of

5 the Pier 11 replacement, Naval Station, Norfolk,

6 Virginia).

7 (6) $28,750,000 (the balance of the amount au8 thorized under section 2101(a) for construction of

9 outlying landing field facilities, various locations in

10 the continental United States).

11 TITLE XXIII—AIR FORCE

12 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

13 LAND ACQUISITION PROJECTS.

14 (a) INSIDE THE UNITED STATES.—Using amounts

15 appropriated pursuant to the authorization of appropria16 tions in section 2304(a)(1), the Secretary of the Air Force

17 may acquire real property and carry out military construc18 tion projects for the installations and locations inside the

19 United States, and in the amounts, set forth in the fol20 lowing table:

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
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Air Force: Inside the United States—Continued

State Installation or location Amount

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 fol7 lowing table:

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
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Air Force: Outside the United States—Continued

Country Installation or location Amount

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 the

13 installations, for the purposes, and in the amounts set

14 forth in the following table:

Air Force: Family Housing

State or Country Installation or location Purpose Amount

Arizona ......................... Davis-Monthan Air Force

Base ............................... 93 Units ...... $19,357,000

California ...................... Travis Air Force Base ...... 56 Units ...... $12,723,000

Delaware ....................... Dover Air Force Base ....... 112 Units .... $19,601,000

Florida .......................... Eglin Air Force Base ........ 279 Units .... $32,166,000

Idaho ............................. Mountain Home Air Force

Base ............................... 186 Units .... $37,126,000

Maryland ...................... Andrews Air Force Base ... 50 Units ...... $20,233,000

Missouri ........................ Whiteman Air Force Base 100 Units .... $18,221,000

Montana ........................ Malmstrom Air Force Base 94 Units ...... $19,368,000
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Air Force: Family Housing—Continued

State or Country Installation or location Purpose Amount

North Carolina ............. Seymour Johnson Air

Force Base .................... 138 Units .... $18,336,000

North Dakota ............... Grand Forks Air Force

Base ............................... 144 Units .... $29,550,000

Minot Air Force Base ....... 200 Units .... $41,117,000

South Dakota ............... Ellsworth Air Force Base 75 Units ...... $16,240,000

Texas ............................ Dyess Air Force Base ....... 116 Units .... $19,973,000

Randolph Air Force Base 96 Units ...... $13,754,000

Korea ............................ Osan Air Base ................... 111 Units .... $44,765,000

Portugal ........................ Lajes Field, Azores ........... 42 Units ...... $13,428,000

United Kingdom ........... Royal Air Force,

Lakenheath .................... 89 Units ...... $23,640,000

Total .... $399,598,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $33,488,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2304(a)(6)(A),

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed

15 $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

4 be appropriated for fiscal years beginning after September

5 30, 2003, for military construction, land acquisition, and

6 military family housing functions of the Department of the

7 Air Force in the total amount of $2,477,609,000, as fol8 lows:

9 (1) For military construction projects inside the

10 United States authorized by section 2301(a),

11 $660,282,000.

12 (2) For military construction projects outside

13 the United States authorized by section 2301(b),

14 $169,392,000.

15 (3) For military construction projects at un16 specified worldwide locations authorized by section

17 2301(c), $28,981,000.

18 (4) For unspecified minor construction projects

19 authorized by section 2805 of title 10, United States

20 Code, $12,000,000.

21 (5) For architectural and engineering services

22 and construction design under section 2807 of title

23 10, United States Code, $115,421,000.

24 (6) For military 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, $657,065,000.

4 (B) For support of military family housing

5 (including functions described in section 2833

6 of title 10, United States Code), $834,468,000.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variation authorized by law, the total cost

11 of all projects carried out under section 2301 of this Act

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1), (2), and (3) of subsection

14 (a).

15 TITLE XXIV—DEFENSE

16 AGENCIES

17 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC18 TION AND LAND ACQUISITION PROJECTS.

19 (a) INSIDE THE UNITED STATES.—Using amounts

20 appropriated pursuant to the authorization of appropria21 tions in section 2405(a)(1), the Secretary of Defense may

22 acquire real property and carry out military construction

23 projects for the installations and locations inside the

24 United States, and in the amounts, set forth in the fol25 lowing table:
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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

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 fol7 lowing table:
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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

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

4 Secretary of Defense may carry out architectural and en5 gineering services and construction design activities with

6 respect to the construction or improvement of military

7 family housing units in an amount not to exceed

8 $300,000.

9 SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING

10 UNITS.

11 Subject to section 2825 of title 10, United States

12 Code, and using amounts appropriated pursuant to the

13 authorization of appropriations in section 2405(a)(8)(A),

14 the Secretary of Defense may improve existing military

15 family housing units in an amount not to exceed $50,000.

16 SEC. 2404. ENERGY CONSERVATION PROJECTS.

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2405(a)(6), the Sec19 retary of Defense may carry out energy conservation
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1 projects under section 2865 of title 10, United States

2 Code, in the amount of $69,500,000.

3 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE4 FENSE AGENCIES.

5 (a) IN GENERAL.—Funds are hereby authorized to

6 be appropriated for fiscal years beginning after September

7 30, 2003, for military construction, land acquisition, and

8 military family housing functions of the Department of

9 Defense (other than the military departments) in the total

10 amount of $1,223,066,000, as follows:

11 (1) For military construction projects inside the

12 United States authorized by section 2401(a),

13 $343,570,000.

14 (2) For military construction projects outside

15 the United States authorized by section 2401(b),

16 $152,017,000.

17 (3) For unspecified minor construction projects

18 under section 2805 of title 10, United States Code,

19 $16,153,000.

20 (4) For contingency construction projects of the

21 Secretary of Defense under section 2804 of title 10,

22 United States Code, $8,960,000.

23 (5) For architectural and engineering services

24 and construction design under section 2807 of title

25 10, United States Code, $66,834,000.
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1 (6) For energy conservation projects authorized

2 by section 2404, $69,500,000.

3 (7) For base closure and realignment activities

4 as authorized by the Defense Base Closure and Re5 alignment Act of 1990 (part A of title XXIX of

6 Public Law 101–510; 10 U.S.C. 2687 note),

7 $370,427,000.

8 (8) For military family housing functions:

9 (A) For planning, design, and improve10 ment of military family housing and facilities,

11 $350,000.

12 (B) For support of military family housing

13 (including functions described in section 2833

14 of title 10, United States Code), $49,440,000.

15 (C) For credit to the Department of De16 fense Family Housing Improvement Fund es17 tablished by section 2883(a)(1) of title 10,

18 United States Code, $300,000.

19 (9) For construction of the Defense Threat Re20 duction Center at Fort Belvoir, Virginia, authorized

21 by section 2401(a) of the Military Construction Au22 thorization Act for Fiscal Year 2003 (division B of

23 Public Law 107–314; 116 Stat. 2695), $25,700,000.

24 (10) For the construction of phase 5 of an am25 munition demilitarization facility at Pueblo Depot
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1 Activity, Colorado, authorized by section 2401(a) of

2 the Military Construction Authorization Act for Fis3 cal Year 1997 (division B of Public Law 104–201;

4 110 Stat. 2775), as amended by section 2406 of the

5 Military Construction Authorization Act for Fiscal

6 Year 2000 (division B of Public Law 106–65; 113

7 Stat. 839) and section 2407 of the Military Con8 struction Authorization Act for Fiscal Year 2003

9 (division B of Public Law 107–314; 116 Stat.

10 2698), $88,388,000.

11 (11) For the construction of phase 6 of an am12 munition demilitarization facility at Newport Army

13 Ammunition Plant, Indiana, authorized by section

14 2401(a) of the Military Construction Authorization

15 Act for Fiscal Year 1999 (division B of Public Law

16 105–261; 112 Stat. 2193), as amended by section

17 2406 of the Military Construction Authorization Act

18 for Fiscal Year 2003 (division B of Public Law 107–

19 314; 116 Stat. 2698), $15,207,000.

20 (12) For the construction of phase 4 of an am21 munition demilitarization facility at Blue Grass

22 Army Depot, Kentucky, authorized by section

23 2401(a) of the Military Construction Authorization

24 Act for Fiscal Year 2000 (division B of Public Law

25 106–65; 113 Stat. 835), as amended by section
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1 2405 of the Military Construction Authorization Act

2 for Fiscal Year 2002 (division B of Public Law 107–

3 107; 115 Stat. 1298) and section 2405 of the Mili4 tary Construction Authorization Act for Fiscal Year

5 2003 (division B of Public Law 107–314; 116 Stat.

6 2698), $16,220,000.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variation authorized by law, the total cost

11 of all projects carried out under section 2401 of this Act

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1) and (2) of subsection (a).

14 TITLE XXV—NORTH ATLANTIC

15 TREATY ORGANIZATION SE16 CURITY INVESTMENT PRO17 GRAM

18 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

19 ACQUISITION PROJECTS.

20 The Secretary of Defense may make contributions for

21 the North Atlantic Treaty Organization Security Invest22 ment program as provided in section 2806 of title 10,

23 United States Code, in an amount not to exceed the sum

24 of the amount authorized to be appropriated for this pur25 pose in section 2502 and the amount collected from the
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1 North Atlantic Treaty Organization as a result of con2 struction previously financed by the United States.

3 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

4 Funds are hereby authorized to be appropriated for

5 fiscal years beginning after September 30, 2003, for con6 tributions by the Secretary of Defense under section 2806

7 of title 10, United States Code, for the share of the United

8 States of the cost of projects for the North Atlantic Treaty

9 Organization Security Investment program authorized by

10 section 2501, in the amount of $169,300,000.

11 TITLE XXVI—GUARD AND

12 RESERVE FORCES FACILITIES

13 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC14 TION AND LAND ACQUISITION PROJECTS.

15 There are authorized to be appropriated for fiscal

16 years beginning after September 30, 2003, for the costs

17 of acquisition, architectural and engineering services, and

18 construction of facilities for the Guard and Reserve

19 Forces, and for contributions therefor, under chapter

20 1803 of title 10, United States Code (including the cost

21 of acquisition of land for those facilities), the following

22 amounts:

23 (1) For the Department of the Army—

24 (A) for the Army National Guard of the

25 United States, $253,788,000; and
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1 (B) for the Army Reserve, $89,840,000.

2 (2) For the Department of the Navy, for the

3 Naval and Marine Corps Reserve, $45,762,000.

4 (3) For the Department of the Air Force—

5 (A) for the Air National Guard of the

6 United States, $123,408,000; and

7 (B) for the Air Force Reserve,

8 $61,143,000.

9 TITLE XXVII—EXPIRATION AND

10 EXTENSION OF AUTHORIZA11 TIONS

12 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

13 AMOUNTS REQUIRED TO BE SPECIFIED BY

14 LAW.

15 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

16 YEARS.—Except as provided in subsection (b), all author17 izations contained in titles XXI through XXVI for military

18 construction projects, land acquisition, family housing

19 projects and facilities, and contributions to the North At20 lantic Treaty Organization Security Investment program

21 (and authorizations of appropriations therefor) shall ex22 pire on the later of—

23 (1) October 1, 2006; or
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1 (2) the date of the enactment of an Act author2 izing funds for military construction for fiscal year

3 2007.

4 (b) EXCEPTION.—Subsection (a) shall not apply to

5 authorizations for military construction projects, land ac6 quisition, family housing projects, and facilities, and con7 tributions to the North Atlantic Treaty Organization Se8 curity Investment program (and authorizations of appro9 priations therefor) for which appropriated funds have been

10 obligated before the later of—

11 (1) October 1, 2006; or

12 (2) the date of the enactment of an Act author13 izing funds for fiscal year 2007 for military con14 struction projects, land acquisition, family housing

15 projects and facilities, and contributions to the

16 North Atlantic Treaty Organization Security Invest17 ment program.

18 SEC. 2702. EXTENSION OF AUTHORIZATION OF CERTAIN

19 FISCAL YEAR 2001 PROJECT.

20 (a) EXTENSION OF CERTAIN PROJECT.—Notwith21 standing section 2701 of the Floyd D. Spence National

22 Defense Authorization Act for Fiscal Year 2001 (as en23 acted into law by Public Law 106–398; 114 Stat. 1654A–

24 407), the authorization set forth in the table in subsection

25 (b), as provided in section 2102 of that Act, shall remain
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1 in effect until October 1, 2004, or the date of the enact2 ment of an Act authorizing funds for military construction

3 for fiscal year 2005, whichever is later.

4 (b) TABLE.—The table referred to in subsection (a)

5 is as follows:

Army: Extension of 2001 Project Authorization

State Installation or location Project Amount

South Carolina ............. Fort Jackson ............... New Construction—GFOQ $250,000

6 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

7 FISCAL YEAR 2000 PROJECTS.

8 (a) EXTENSION.—Notwithstanding section 2701 of

9 the Military Construction Authorization Act for Fiscal

10 Year 2000 (division B of Public Law 106–65; 113 Stat.

11 841), the authorizations set forth in the tables in sub12 section (b), as provided in section 2302 or 2601 of that

13 Act and extended by section 2702 of the Military Con14 struction Authorization Act for Fiscal Year 2003 (division

15 B of Public Law 107–314; 116 Stat. 2700), shall remain

16 in effect until October 1, 2004, or the date of the enact17 ment of an Act authorizing funds for military construction

18 for fiscal year 2005, whichever is later.

19 (b) TABLES.—The tables referred to in subsection (a)

20 is as follows:
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Air Force: Extension of 2000 Project Authorization

State Installation or location Project Amount

Oklahoma ..................... Tinker Air Force Base Replace Family

Housing (41

Units) .......... $6,000,000

Army National Guard: Extension of 2000 Project Authorization

State Installation or location Project Amount

Virginia ......................... Fort Pickett ................ Multi-purpose

Range-Heavy$13,500,000

1 SEC. 2704. EFFECTIVE DATE.

2 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

3 of 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,

14 is amended by striking ‘‘$30,000,000’’ and inserting

15 ‘‘$45,000,000’’.
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1 SEC. 2802. AUTHORITY TO LEASE MILITARY FAMILY HOUS2 ING UNITS IN ITALY.

3 Section 2828(e)(2) of title 10, United States Code,

4 is amended by striking ‘‘2,000 units‘‘ and inserting

5 ‘‘2,800 units’’.

6 SEC. 2803. CHANGES TO ALTERNATIVE AUTHORITY FOR AC7 QUISITION AND IMPROVEMENT OF MILITARY

8 HOUSING.

9 (a) SPACE LIMITATIONS BY PAY GRADE.—Section

10 2880(b)(2) of title 10, United States Code, is amended

11 by striking ‘‘unless the unit is located on a military instal12 lation’’.

13 (b) DEPARTMENT OF DEFENSE HOUSING FUND.—

14 (1) Section 2883 of such title is amended by striking sub15 sections (a), (b), and (c) and inserting the following new

16 subsections (a) and (b):

17 ‘‘(a) ESTABLISHMENT.—There is hereby established

18 on the books of the Treasury an account to be known as

19 the Department of Defense Housing Improvement Fund

20 (in this section referred to as the ‘Fund’).

21 ‘‘(b) CREDITS TO FUND.—There shall be credited to

22 the Fund the following:

23 ‘‘(1) Amounts authorized for and appropriated

24 to the Fund.

25 ‘‘(2) Subject to subsection (e), any amounts

26 that the Secretary of Defense transfers, in such
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1 amounts as are provided for in appropriation Acts,

2 to the Fund from amounts authorized and appro3 priated to the Department of Defense for the acqui4 sition or construction of military family housing or

5 military unaccompanied housing.

6 ‘‘(3) Proceeds from the conveyance or lease of

7 property or facilities under section 2878 of this title

8 for the purpose of carrying out activities under this

9 subchapter with respect to military family housing

10 or military unaccompanied housing.

11 ‘‘(4) Income derived from any activities under

12 this subchapter with respect to military family hous13 ing or military unaccompanied housing, income and

14 gains realized from investments under section 2875

15 of this title, and any return of capital invested as

16 part of such investments.

17 ‘‘(5) Any amounts that the Secretary of the

18 Navy transfers to the Fund pursuant to section

19 2814(i)(3) of this title, subject to the restrictions on

20 the use of the transferred amounts specified in that

21 section.’’.

22 (2) Such section is further amended—

23 (A) by redesignating subsections (d) through

24 (g) as subsections (c) through (f), respectively;

25 (B) in subsection (c), as so redesignated—
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1 (i) in the subsection heading, by striking

2 ‘‘FUNDS’’ and inserting ‘‘FUND’’;

3 (ii) in paragraph (1)—

4 (I) by striking ‘‘subsection (e)’’ and

5 inserting ‘‘subsection (d)’’; and

6 (II) by striking ‘‘Department of De7 fense Family Housing Improvement Fund’’

8 and inserting ‘‘Fund’’;

9 (iii) by striking paragraph (2); and

10 (iv) by redesignating paragraph (3) as

11 paragraph (2);

12 (C) in subsection (e), as so redesignated, by

13 striking ‘‘a Fund under paragraph (1)(B) or (2)(B)

14 of subsection (c)’’ and inserting ‘‘the Fund under

15 subsection (b)(2)’’; and

16 (D) in subsection (f), as so redesignated, by

17 striking ‘‘$850,000,000’’ in paragraph (1) and in18 serting ‘‘$900,000,000’’.

19 (c) TRANSFER OF UNOBLIGATED AMOUNTS.—(1)

20 The Secretary of Defense shall transfer to the Department

21 of Defense Housing Improvement Fund established under

22 section 2883(a) of title 10, United States Code (as amend23 ed by subsection (b)), any amounts in the Department of

24 Defense Family Housing Improvement Fund and the De25 partment of Defense Military Unaccompanied Housing
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1 Improvement that remain available for obligation as of the

2 date of the enactment of this Act.

3 (2) Amounts transferred to the Department of De4 fense Housing Improvement Fund under paragraph (1)

5 shall be merged with amounts in that Fund, and shall be

6 available for the same purposes, and subject to the same

7 conditions and limitations, as other amounts in that Fund.

8 (d) CONFORMING AMENDMENTS.—(1) Paragraph (3)

9 of section 2814(i) of such title is amended—

10 (A) by striking subparagraph (A) and inserting

11 the following new subparagraph (A):

12 ‘‘(A) The Secretary may transfer funds from the

13 Ford Island Improvement Account to the Department of

14 Defense Housing Improvement Fund established by sec15 tion 2883(a) of this title.’’; and

16 (B) in subparagraph (B), by striking ‘‘a fund’’

17 and inserting ‘‘the Fund’’.

18 (2) Section 2871(6) of such title is amended by strik19 ing ‘‘Department of Defense Family Housing Improve20 ment Fund or the Department of Defense Military Unac21 companied Housing Improvement Fund’’ and inserting

22 ‘‘Department of Defense Housing Improvement Fund’’.

23 (3) Section 2875(e) of such title is amended by strik24 ing ‘‘Department of Defense Family Housing Improve25 ment Fund or the Department of Defense Military Unac-
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1 companied Housing Improvement Fund’’ and inserting

2 ‘‘Department of Defense Housing Improvement Fund’’.

3 (e) CLERICAL AMENDMENTS.—(1) The section head4 ing for section 2883 of such title is amended to read as

5 follows:

6 ‘‘§ 2883. Department of Defense Housing Improve7 ment Fund’’.

8 (2) The table of sections at the beginning subchapter

9 IV of chapter 169 of such title is amended by striking

10 the item relating to section 2883 and inserting the fol11 lowing new item:

‘‘2883. Department of Defense Housing Improvement Fund.’’.

12 SEC. 2804. ADDITIONAL MATERIAL FOR ANNUAL REPORT

13 ON HOUSING PRIVATIZATION PROGRAM.

14 Section 2884(b) of title 10, United States Code, is

15 amended—

16 (1) in paragraph (2), by inserting before the pe17 riod at the end the following: ‘‘, and such rec18 ommendations as the Secretary considers necessary

19 for improving the extent and effectiveness of the use

20 of such authorities in the future’’; and

21 (2) by striking paragraph (3) and inserting the

22 following new paragraphs:

23 ‘‘(3) A review of activities of the Secretary

24 under this subchapter during such preceding fiscal

25 year, shown for military family housing, military un-
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1 accompanied housing, dual military family housing

2 and military unaccompanied housing, and ancillary

3 supporting facilities.

4 ‘‘(4) If a contract for the acquisition or con5 struction of military family housing, military unac6 companied housing, or dual military family housing

7 and military unaccompanied housing entered into

8 during the preceding fiscal year did not include the

9 acquisition or construction of the types of ancillary

10 supporting facilities specifically referred to in section

11 2871(1) of this title, a explanation of the reasons

12 why such ancillary supporting facilities were not in13 cluded.

14 ‘‘(5) A description of the Secretary’s plans for

15 housing privatization activities under this subchapter

16 (A) during the fiscal year for which the budget is

17 submitted, and (B) during the period covered by the

18 then-current future-years defense plan under section

19 221 of this title.’’.
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1 SEC. 2805. AUTHORITY TO CONVEY PROPERTY AT MILITARY

2 INSTALLATIONS CLOSED OR TO BE CLOSED

3 IN EXCHANGE FOR MILITARY CONSTRUCTION

4 ACTIVITIES.

5 (a) IN GENERAL.—(1) Subchapter III of chapter 169

6 of title 10, United States Code, is amended by adding at

7 the end the following new section:

8 ‘‘§ 2869. Conveyance of property at military installa9 tions closed or to be closed in exchange

10 for military construction activities

11 ‘‘(a) CONVEYANCE AUTHORIZED; CONSIDERATION.—

12 The Secretary of Defense may enter into an agreement

13 to convey real property, including any improvements

14 thereon, located on a military installation that is closed

15 or realigned under a base closure law to any person who

16 agrees, in exchange for the real property—

17 ‘‘(1) to carry out, or provide services in connec18 tion with, an authorized military construction

19 project; or

20 ‘‘(2) to transfer to the Secretary of Defense

21 housing that is constructed or provided by the per22 son and located at or near a military installation at

23 which there is a shortage of suitable military family

24 housing or military unaccompanied housing (or

25 both).
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1 ‘‘(b) CONDITIONS ON CONVEYANCE AUTHORITY.—A

2 conveyance of real property may be made under subsection

3 (a) only if—

4 ‘‘(1) the fair market value of the consideration

5 to be received in exchange for the real property con6 veyed under subsection (a) is equal to or greater

7 than the fair market value of the property, including

8 any improvements thereon, as determined by the

9 Secretary concerned; and

10 ‘‘(2) in the event the fair market value of the

11 consideration to be received is equal to at least 90

12 percent, but less than 100 percent, of the fair mar13 ket value of the real property to be conveyed, includ14 ing any improvements thereon, the recipient of the

15 property agrees to pay to the Secretary of Defense

16 an amount equal to the difference in the fair market

17 values.

18 ‘‘(c) USE OF AUTHORITY.—(1) To the maximum ex19 tent practicable, the Secretary of Defense shall use the

20 authority provided by subsection (a) to convey at least 20

21 percent of the total acreage conveyed each fiscal year at

22 military installations closed or realigned under the base

23 closure laws. Notice of the proposed use of this authority

24 shall be provided in such manner as the Secretary may

25 prescribe, including publication in the Federal Register
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1 and otherwise. In determining such total acreage for a fis2 cal year, the Secretary shall exclude real property identi3 fied in a redevelopment plan as property essential to the

4 reuse or redevlopment of a military installation closed or

5 to be closed under a base closure law.

6 ‘‘(2) To the maximum extent practicable, the Sec7 retary of Defense shall endeavor to use the authority pro8 vided by subsection (a) to obtain military construction and

9 military housing services having a total value of at least

10 $200,000,000 each fiscal year for each of the military de11 partments.

12 ‘‘(3) The Secretary concerned shall utilize the author13 ity provided in subsection (a) in lieu of obligating and ex14 pending funds appropriated for military construction and

15 military housing projects that are authorized by law.

16 ‘‘(d) DEPOSIT OF FUNDS.—The Secretary of Defense

17 may deposit funds received under subsection (b)(2) in the

18 Department of Defense Housing Improvement Fund es19 tablished under section 2883(a) of this title.

20 ‘‘(e) ANNUAL REPORT.—The Secretary of Defense

21 shall include each year in the materials that the Secretary

22 submits to Congress in support of the budget submitted

23 by the President pursuant to section 1105 of title 31 a

24 report detailing the extent to which the Secretary used the

25 authority provided by subsection (a) to convey real prop-
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1 erty in exchange for military construction and military

2 housing and plans for the use of such authority for the

3 future. The report shall include the following:

4 ‘‘(1) The total value of the real property that

5 was actually conveyed during the preceding fiscal

6 year using the authority provided by subsection (a).

7 ‘‘(2) The total value of the military construction

8 and military housing services obtained in exchange,

9 and, if the dollar goal specified in subsection (c)(2)

10 was not achieved for a military department, an ex11 planation regarding the reasons why the goal was

12 not achieved.

13 ‘‘(3) The current inventory of unconveyed lands

14 at military installations closed or realigned under a

15 base closure law.

16 ‘‘(4) A description of the results of conveyances

17 under subsection (a) during the preceding fiscal year

18 and plans for such conveyances for the current fiscal

19 year, the fiscal year covered by the budget, and the

20 period covered by the current future-years defense

21 program under section 221 of this title.

22 ‘‘(f) DESCRIPTION OF PROPERTY.—The exact acre23 age and legal description of real property conveyed under

24 subsection (a) shall be determined by surveys satisfactory

25 to the Secretary of Defense.
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1 ‘‘(g) ADDITIONAL TERMS AND CONDITIONS.—The

2 Secretary of Defense may require such additional terms

3 and conditions in connection with a conveyance under sub4 section (a) as the Secretary considers appropriate to pro5 tect the interests of the United States.’’.

6 (2) The table of sections at the beginning of such sub7 chapter is amended by adding at the end the following

8 new item:

‘‘2869. Conveyance of property at military installations closed or to be closed

in exchange for military construction activities.’’.

9 (b) EXCEPTION TO REQUIREMENT FOR AUTHORIZA10 TION OF NUMBER OF HOUSING UNITS.—Section 2822(b)

11 of such title is amended by adding at the end the following

12 new paragraph:

13 ‘‘(6) Housing units constructed or provided

14 under section 2869 of this title.’’.

15 (c) CONFORMING AMENDMENT TO DEPARTMENT OF

16 DEFENSE HOUSING IMPROVEMENT FUND.—Section

17 2883(b) of such title, as amended by section 2803, is fur18 ther amended by adding at the end the following new para19 graph:

20 ‘‘(6) Any amounts that the Secretary concerned

21 transfers to the Fund pursuant to section 2869 of

22 this title.’’.

23 (d) CONFORMING REPEALS TO BASE CLOSURE

24 LAWS.—(1) Section 204(e) of the Defense Authorization
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1 Amendments and Base Closure and Realignment Act

2 (Public Law 100–526; 10 U.S.C. 2687 note) is repealed.

3 (2) Section 2905(f) of the Defense Base Closure and

4 Realignment Act of 1990 (part A of title XXIX of Public

5 Law 101–510; 10 U.S.C. 2687 note) is repealed.

6 SEC. 2806. CONGRESSIONAL NOTIFICATION AND REPORT7 ING REQUIREMENTS AND LIMITATIONS RE8 GARDING USE OF OPERATION AND MAINTE9 NANCE FUNDS FOR CONSTRUCTION.

10 (a) IN GENERAL.—Subchapter I of chapter 169 of

11 title 10, United States Code, is amended by inserting after

12 section 2809 the following new section:

13 ‘‘§ 2810. Use of operation and maintenance funds for

14 construction: notification and reporting

15 requirements and limitations

16 ‘‘(a) ADVANCE NOTIFICATION OF OBLIGATION OF

17 FUNDS.—(1) The Secretary concerned shall submit to the

18 appropriate committees of Congress advance written no19 tice before appropriations available for operation and

20 maintenance are obligated for construction described in

21 paragraph (2). The notice shall be submitted not later

22 than 14 days before the date on which appropriations

23 available for operation and maintenance are first obligated

24 for that construction and shall contain the information re25 quired by subsection (c).
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1 ‘‘(2) Paragraph (1) applies with respect to any con2 struction having an estimated total cost of more than

3 $1,500,000, but not more than $5,000,000, which is paid

4 for in whole or in part using appropriations available for

5 operation and maintenance, if—

6 ‘‘(A) the construction is necessary to meet ur7 gent military operational requirements of a tem8 porary nature;

9 ‘‘(B) the construction was not carried out at a

10 military installation where the United States is rea11 sonably expected to have a long-term interest or

12 presence;

13 ‘‘(C) the United States has no intention of

14 using the construction after the operational require15 ment has been satisfied; and

16 ‘‘(D) the level of construction is the minimum

17 necessary to meet the temporary operational need.

18 ‘‘(b) WAIVER AUTHORITY; CONGRESSIONAL NOTIFI19 CATION.—(1) The Secretary concerned may waive the ad20 vance notice requirement under subsection (a) on a case21 by-case basis if the Secretary determines that—

22 ‘‘(A) the project is vital to the national security

23 or to the protection of health, safety, or the quality

24 of the environment; and
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1 ‘‘(B) the requirement for the construction is so

2 urgent that deferral of the construction during the

3 period specified in subsection (a)(1) would be incon4 sistent with national security or the protection of

5 health, safety, or environmental quality, as the case

6 may be.

7 ‘‘(2) Not later than five days after the date on which

8 a waiver is granted under paragraph (1), the Secretary

9 concerned shall provide to the appropriate committees of

10 Congress written notice containing the reasons for the

11 waiver and the information required by subsection (c) with

12 regard to the construction for which the waiver was grant13 ed.

14 ‘‘(c) CONTENT OF NOTICE.—The notice provided

15 under subsection (a) or (b) with regard to construction

16 funded using appropriations available for operation and

17 maintenance shall include the following:

18 ‘‘(1) A description of the purpose for which the

19 funds are being obligated.

20 ‘‘(2) An estimate of the total amount to be obli21 gated for the construction.

22 ‘‘(3) The reasons appropriations available for

23 operation and maintenance are being used.

24 ‘‘(d) LIMITATIONS ON USE OF OPERATION AND

25 MAINTENANCE FUNDS.—(1) The Secretary concerned
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1 shall not use appropriations available for operation and

2 maintenance to carry out any construction having an esti3 mated total cost of more than $5,000,000.

4 ‘‘(2) The total cost of construction carried out by the

5 Secretaries concerned in whole or in part using appropria6 tions available for operation and maintenance shall not ex7 ceed $200,000,000 in any fiscal year.

8 ‘‘(e) QUARTERLY REPORT.—The Secretary con9 cerned shall submit to the appropriate committees of Con10 gress a quarterly report on the worldwide obligation and

11 expenditure of appropriations available for operation and

12 maintenance by the Secretary concerned for construction

13 during the preceding quarter.’’.

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

15 at the beginning of such subchapter is amended by insert16 ing after the item relating to section 2809 the following

17 new item:

‘‘2810. Use of operation and maintenance funds for construction: notification

and reporting requirements and limitations.’’.

18 SEC. 2807. INCREASE IN AUTHORIZED MAXIMUM LEASE

19 TERM FOR FAMILY HOUSING AND OTHER FA20 CILITIES IN CERTAIN FOREIGN COUNTRIES.

21 (a) LEASE OF MILITARY FAMILY HOUSING.—Section

22 2828(d)(1) of title 10, United States Code, is amended

23 by striking ‘‘ten years,’’ and inserting ‘‘10 years, or 15

24 years in the case of leases in Korea,’’.
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1 (b) LEASES OF OTHER FACILITIES.—Section 2675

2 of such title is amended by inserting after ‘‘five years,’’

3 the following: ‘‘or 15 years in the case of a lease in

4 Korea,’’.

5 SEC. 2808. ANNUAL REPORT ON MILITARY CONSTRUCTION

6 REQUIREMENTS TO SUPPORT HOMELAND DE7 FENSE MISSIONS OF THE ARMED FORCES.

8 As part of the annual defense authorization request

9 required by section 113a(b) of title 10, United States

10 Code, the Secretary of Defense shall include an assess11 ment of the military construction requirements anticipated

12 to be necessary to support the homeland defense missions

13 of the Armed Forces for the fiscal year for which the de14 fense authorization request is submitted, for the fiscal

15 years covered by the then-current future-years defense

16 plan under section 221 of such title, and for subsequent

17 fiscal years.

18 Subtitle B—Real Property and

19 Facilities Administration

20 SEC. 2811. REAL PROPERTY TRANSACTIONS.

21 (a) INCREASE IN LAND ACQUISITION AUTHORITY

22 COST THRESHOLD.—Section 2672 of title 10, United

23 States Code, is amended by striking ‘‘$500,000’’ both

24 places it appears and inserting ‘‘$1,500,000’’.
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1 (b) PROMPT NOTIFICATION OF CERTAIN LAND AC2 QUISITIONS.—Section 2672a of such title is amended—

3 (1) in subsection (a)(1), by striking ‘‘he or his

4 designee’’ and inserting ‘‘the Secretary’’;

5 (2) in subsection (b), by striking the last sen6 tence; and

7 (3) by adding at the end the following new sub8 section:

9 ‘‘(c) Not later than 10 days after the determination

10 is made under subsection (a)(1) that acquisition of an in11 terest in land is needed in the interest of the national de12 fense, the Secretary of the military department making

13 that determination shall provide to the Committee on

14 Armed Services of the Senate and the Committee on

15 Armed Services of the House of Representatives written

16 notice containing a description of the property and interest

17 to be acquired and the reasons for the acquisition.’’.

18 (c) MODIFICATION OF RELATED NOTIFICATION RE19 QUIREMENTS.—Section 2662 of such title is amended—

20 (1) in subsection (a)—

21 (A) by striking ‘‘30 days’’ and all that fol22 lows through ‘‘is submitted’’ and inserting ‘‘14

23 days after the beginning of the month with re24 spect to which a single report containing the

25 facts concerning such transaction and all other
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1 such proposed transactions for that month is

2 submitted, not later than the first day of that

3 month,’’; and

4 (B) by striking ‘‘$500,000’’ each place it

5 appears and inserting ‘‘$1,500,000’’;

6 (2) in subsection (b), by striking ‘‘more than’’

7 and all that follows through ‘‘$500,000’’ and insert8 ing ‘‘more than $250,000 but not more than

9 $1,500,000’’;

10 (3) in subsection (e)—

11 (A) by striking ‘‘$500,000’’ and inserting

12 ‘‘$1,000,000’’; and

13 (B) by striking ‘‘thirty days’’ and inserting

14 ‘‘14 days’’; and

15 (4) in subsection (g)(3), by striking ‘‘30 days’’

16 and inserting ‘‘14 days’’.

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

18 section 2672 of such title is amended to read as follows:

19 ‘‘§ 2672. Authority to acquire low-cost interests in

20 land’’.

21 (2) The item relating to section 2672 in the table of

22 sections at the beginning of chapter 159 of such title is

23 amended to read as follows:

‘‘2672. Authority to acquire low-cost interests in land.’’.
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1 SEC. 2812. SENSE OF CONGRESS ON DEMOLITION OF ARMY

2 TACONY WAREHOUSE DEPOT SITE, PHILA3 DELPHIA, PENNSYLVANIA.

4 (a) FINDINGS.—Congress finds the following:

5 (1) The Department of Defense Appropriations

6 Act, 2001 (Public Law 106–259; 114 Stat. 656),

7 appropriated $5,000,000 for the demolition of the

8 Army Tacony Warehouse depot site in Philadelphia,

9 Pennsylvania, operated by Fort Dix.

10 (2) The Secretary of the Army has yet to imple11 ment plans to demolish the Tacony warehouse.

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Secretary of the Army should take swift

14 action to finally demolish the Tacony warehouse, as pre15 viously required by Act of Congress.

16 Subtitle C—Land Conveyances

17 SEC. 2821. TERMINATION OF LEASE AND CONVEYANCE OF

18 ARMY RESERVE FACILITY, CONWAY, ARKAN19 SAS.

20 (a) TERMINATION OF LEASE.—Upon the completion

21 of the replacement facility authorized for the Army Re22 serve facility located in Conway, Arkansas, the Secretary

23 of the Army may terminate the 99-year lease between the

24 Secretary and the University of Central Arkansas for the

25 property on which the old facility is located.
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1 (b) CONVEYANCE OF FACILITY.—As part of the ter2 mination of the lease under subsection (a), the Secretary

3 may convey, without consideration, to the University of

4 Central Arkansas all right, title, and interest of the United

5 States in and to the Army Reserve facility located on the

6 leased 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.—(1) Notwith16 standing the restoration provisions under the heading

17 ‘‘QUARTERMASTER CORPS’’ in the Second Deficiency Ap18 propriation Act, 1940 (Act of June 27, 1940; chapter 437;

19 54 Stat. 655), the Secretary of the Air Force may take

20 appropriate action to quiet title to tracts of land referred

21 to in paragraph (2) on, at, adjacent, adjoining, or near

22 Eglin Air Force Base, Florida. The Secretary may take

23 such action in order to resolve encroachments upon private

24 property by the United States and upon property of the
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1 United States by private parties, which resulted from reli2 ance on inaccurate surveys.

3 (2) The tracts of land referred to in paragraph (1)

4 are generally described as south of United States Highway

5 98 and bisecting the north/south section line of sections

6 13 and 14, township 2 south, range 25 west, located in

7 the platted subdivision of Fallin Waters, Okaloosa County,

8 Florida. The exact acreage and legal description of such

9 tracts of land shall be determined by a survey satisfactory

10 to the Secretary.

11 (b) AUTHORIZED ACTIONS.—In carrying out sub12 section (a), appropriate action by the Secretary may in13 clude any of the following:

14 (1) Disclaiming, on behalf of the United States,

15 any intent by the United States to acquire by pre16 scription any property at or in the vicinity of Eglin

17 Air Force Base.

18 (2) Disposing of tracts of land owned by the

19 United States.

20 (3) Acquiring tracts of land by purchase, by do21 nation, or by exchange for tracts of land owned by

22 the United States at or adjacent to Eglin Air Force

23 Base.

24 (c) ACREAGE LIMITATIONS.—Individual tracts of

25 land acquired or conveyed by the Secretary under para-
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1 graph (2) or (3) of subsection (a) may not exceed .10

2 acres. The total acreage so acquired may not exceed two

3 acres.

4 (d) CONSIDERATION.—Any conveyance by the Sec5 retary under this section may be made, at the discretion

6 of the Secretary, without consideration, or by exchange for

7 tracts of land adjoining Eglin Air Force Base in posses8 sion of private parties who mistakenly believed that they

9 had acquired title to such tracts.

10 SEC. 2823. MODIFICATION OF LAND CONVEYANCE, EGLIN

11 AIR FORCE BASE, FLORIDA.

12 (a) MODIFICATION.—Public Law 91–347 (84 Stat.

13 447) is amended—

14 (1) in the first section, by inserting ‘‘or for

15 other public purposes’’ before the period at the end;

16 and

17 (2) in section 3(1)—

18 (A) by inserting ‘‘or for other public pur19 poses’’ after ‘‘schools’’; and

20 (B) by striking ‘‘such purpose’’ and insert21 ing ‘‘such a purpose’’.

22 (b) ALTERATION OF LEGAL INSTRUMENT.—The Sec23 retary of the Air Force shall execute and file in the appro24 priate office an amended deed or other appropriate instru25 ment effectuating the modification of the reversionary in-
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1 terest retained by the United States in connection with

2 the conveyance made pursuant to Public Law 91–347.

3 SEC. 2824. LAND CONVEYANCE, FORT CAMPBELL, KEN4 TUCKY AND TENNESSEE.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of

6 the Army may convey to the department of transportation

7 of the State of Tennessee (in this section referred to as

8 the ‘‘department’’) all right, title, and interest of the

9 United States in and to a parcel of real property (right10 of-way), including any improvements thereon, located at

11 Fort Campbell, Kentucky and Tennessee, for the purpose

12 of realigning and upgrading United States Highway 79

13 from a two-lane highway to a four-lane highway.

14 (b) CONSIDERATION.—(1) As consideration for the

15 conveyance under subsection (a), the department shall pay

16 from any source (including Federal funds made available

17 to the State from the Highway Trust Fund) all of the

18 costs of the Secretary incurred—

19 (A) to convey the property, including costs re20 lated to the preparation of documents under the Na21 tional Environmental Policy Act of 1969 (42 U.S.C.

22 4321 et seq.), surveys (including all surveys required

23 under subsection (c)), cultural reviews, and adminis24 trative oversight;
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1 (B) to relocate a cemetery to permit the high2 way realignment and upgrading;

3 (C) to acquire approximately 200 acres of mis4 sion-essential replacement property required to sup5 port the training mission at Fort Campbell; and

6 (D) to dispose of residual Federal property lo7 cated south of the realigned highway.

8 (2) The Secretary may accept funds under this sub9 section from the Federal Highway Administration or the

10 State of Tennessee to pay costs described in paragraph

11 (1) and credit them to the appropriate Department of the

12 Army accounts for the purpose of paying such costs.

13 (3) All funds accepted by the Secretary under this

14 subsection shall remain available until expended.

15 (c) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the property to be conveyed under

17 subsection (a) or acquired and disposed of under section

18 (b) shall be determined by surveys satisfactory to the Sec19 retary.

20 (d) ADDITIONAL TERMS AND CONDITIONS.—The

21 Secretary may require such additional terms and condi22 tions in connection with the conveyance under subsection

23 (a) as the Secretary considers appropriate to protect the

24 interests of the United States.
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1 SEC. 2825. LAND CONVEYANCE, ARMY AND AIR FORCE EX2 CHANGE SERVICE PROPERTY, DALLAS,

3 TEXAS.

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of

5 Defense may authorize the Army and Air Force Exchange

6 Service, a nonappropriated fund instrumentality of the

7 United States, to convey, by sale, all right, title, and inter8 est of the United States in and to a parcel of real property,

9 including any improvements thereon, located at 1515

10 Roundtable Drive in Dallas, Texas.

11 (b) CONSIDERATION.—As consideration for convey12 ance under subsection (a), the purchaser shall pay to the

13 Secretary, in a single lump sum payment, an amount

14 equal to the fair market value of the real property con15 veyed, as determined by the Secretary. Section 574(a) of

16 title 40, United States Code, shall apply with respect to

17 the amounts received by the Secretary under this sub18 section.

19 (c) DESCRIPTION OF PROPERTY.—The exact acreage

20 and legal description of the real property to be conveyed

21 under subsection (a) shall be determined by a survey satis22 factory to the Secretary. The cost of the survey shall be

23 borne by the purchaser.

24 (d) ADDITIONAL TERMS AND CONDITIONS.—The

25 Secretary may require such additional terms and condi26 tions in connection with the conveyance under subsection
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1 (a) as the Secretary considers appropriate to protect the

2 interests of the United States.

3 SEC. 2826. LAND CONVEYANCE, NAVAL RESERVE CENTER,

4 ORANGE, TEXAS.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of

6 the Navy may convey to the City of Orange, Texas (in

7 this section referred to as the ‘‘City’’), all right, title, and

8 interest of the United States in and to a parcel of unim9 proved real property consisting of approximately 2.5 acres

10 at Naval Reserve Center, Orange, Texas for the purpose

11 of permitting the City to use the property for road con12 struction, economic development, and other public pur13 poses.

14 (b) CONSIDERATION.—As consideration for the con15 veyance under subsection (a), the City shall provide the

16 United States, whether by cash payment, in-kind contribu17 tion, or a combination thereof, an amount that is not less

18 than the fair market value, as determined by the Sec19 retary, of the property conveyed under such subsection.

20 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

21 Secretary may require the City to cover costs to be in22 curred by the Secretary, or to reimburse the Secretary for

23 costs incurred by the Secretary, to carry out the convey24 ance under subsection (a), including survey costs, costs re25 lated to environmental documentation, and other adminis-
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1 trative costs related to the conveyance. If amounts are col2 lected from the City in advance of the Secretary incurring

3 the actual costs, and the amount collected exceeds the

4 costs actually incurred by the Secretary to carry out the

5 conveyance, the Secretary shall refund the excess amount

6 to the City.

7 (2) Amounts received as reimbursement under para8 graph (1) shall be credited to the fund or account that

9 was used to cover the costs incurred by the Secretary in

10 carrying out the conveyance. Amounts so credited shall be

11 merged with amounts in such fund or account, and shall

12 be available for the same purposes, and subject to the

13 same conditions and limitations, as amounts in such fund

14 or account.

15 (d) EXEMPTION FROM FEDERAL SCREENING.—The

16 conveyance authorized by subsection (a) is exempt from

17 the requirement to screen the property for other Federal

18 use pursuant to sections 2693 and 2696 of title 10, United

19 States Code.

20 (e) DESCRIPTION OF PROPERTY.—The exact acreage

21 and legal description of the real property to be conveyed

22 under subsection (a) shall be determined by a survey satis23 factory to the Secretary.

24 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary may require such additional terms and conditions
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1 in connection with the conveyance under subsection (a) as

2 the Secretary considers appropriate to protect the inter3 ests of the United States.

4 SEC. 2827. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA.

5 (a) CONVEYANCE REQUIRED.—The Secretary of the

6 Army shall convey, without consideration, to Fairfax

7 County, Virginia (in this section referred to as the ‘‘Coun8 ty’’), all right, title, and interest of the United States in

9 and to a parcel of real property, including any improve10 ments thereon, consisting of approximately 10 acres at

11 Fort Belvoir and known as the John McNaughton Memo12 rial baseball fields for the purpose of permitting the Coun13 ty to use the property for recreational purposes.

14 (b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

15 Secretary may require the County to cover costs to be in16 curred by the Secretary, or to reimburse the Secretary for

17 costs incurred by the Secretary, to carry out the convey18 ance under subsection (a), including survey costs, costs re19 lated to environmental documentation, and other adminis20 trative costs related to the conveyance. If amounts are col21 lected from the County in advance of the Secretary incur22 ring the actual costs, and the amount collected exceeds

23 the costs actually incurred by the Secretary to carry out

24 the conveyance, the Secretary shall refund the excess

25 amount to the County.
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1 (2) Amounts received as reimbursement under para2 graph (1) shall be credited to the fund or account that

3 was used to cover the costs incurred by the Secretary in

4 carrying out the conveyance. Amounts so credited shall be

5 merged with amounts in such fund or account, and shall

6 be available for the same purposes, and subject to the

7 same conditions and limitations, as amounts in such fund

8 or account.

9 (c) DESCRIPTION OF PROPERTY.—The exact acreage

10 and legal description of the real property to be conveyed

11 under subsection (a) shall be determined by a survey satis12 factory to the Secretary.

13 (d) ADDITIONAL TERMS AND CONDITIONS.—The

14 Secretary may require such additional terms and condi15 tions in connection with the conveyance under subsection

16 (a) as the Secretary considers appropriate to protect the

17 interests of the United States.

18 SEC. 2828. LAND CONVEYANCE, PUGET SOUND NAVAL SHIP19 YARD, BREMERTON, WASHINGTON.

20 (a) CONVEYANCE AUTHORIZED.—The Secretary of

21 the Navy may convey to the City of Bremerton, Wash22 ington (in this section referred to as the ‘‘City’’), all right,

23 title, and interest of the United States in and to a parcel

24 of real property, including any improvements thereon, con25 sisting of approximately 2.8 acres at the eastern end of
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1 the Puget Sound Naval Shipyard, Bremerton, Wash2 ington, immediately adjacent to the Bremerton Transpor3 tation Center.

4 (b) CONSIDERATION.—As consideration for the con5 veyance under subsection (a), the City, directly or through

6 an agreement with another entity, shall replace adminis7 trative space on the parcel to be conveyed by renovating

8 for new occupancy approximately 7,500 square feet of ex9 isting space in Building 433 at Naval Station, Bremerton,

10 Washington, at no cost to the United States, in accord11 ance with plans and specifications acceptable to the Sec12 retary. In lieu of any portion of such renovation, the Sec13 retary may accept other facility alteration or repair of not

14 less than equal value.

15 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

16 Secretary shall require the City to cover costs to be in17 curred by the Secretary, or to reimburse the Secretary for

18 costs incurred by the Secretary, to carry out the convey19 ance under subsection (a), including survey costs, costs re20 lated to environmental documentation, and other adminis21 trative costs related to the conveyance. If amounts are col22 lected from the City in advance of the Secretary incurring

23 the actual costs, and the amount collected exceeds the

24 costs actually incurred by the Secretary to carry out the
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1 conveyance, the Secretary shall refund the excess amount

2 to the City.

3 (2) Amounts received as reimbursement under para4 graph (1) shall be credited to the fund or account that

5 was used to cover the costs incurred by the Secretary in

6 carrying out the conveyance. Amounts so credited shall be

7 merged with amounts in such fund or account, and shall

8 be available for the same purposes, and subject to the

9 same conditions and limitations, as amounts in such fund

10 or account.

11 (d) ENVIRONMENTAL CONDITIONS.—The Secretary

12 may use funds available in the Environmental Restoration

13 Account, Navy to carry out the environmental remediation

14 of the real property to be conveyed under subsection (a).

15 Such environmental remediation shall be conducted in a

16 manner consistent with section 120 of the Comprehensive

17 Environmental Response, Compensation, and Liability Act

18 of 1980 (42 U.S.C. 9620), including the requirement to

19 consider the anticipated future land use of the parcel.

20 (e) EXEMPTION FROM FEDERAL SCREENING.—The

21 conveyance authorized by subsection (a) is exempt from

22 the requirement to screen the property for other Federal

23 use pursuant to sections 2693 and 2696 of title 10, United

24 States Code.
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1 (f) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property to be conveyed

3 under subsection (a) shall be determined by a survey satis4 factory to the Secretary.

5 (g) ADDITIONAL TERMS AND CONDITIONS.—The

6 Secretary may require such additional terms and condi7 tions in connection with the conveyance under subsection

8 (a) as the Secretary considers appropriate to protect the

9 interests of the United States.

10 Subtitle D—Other Matters

11 SEC. 2841. REDESIGNATION OF YUMA TRAINING RANGE

12 COMPLEX AS BOB STUMP TRAINING RANGE

13 COMPLEX.

14 The military aviation training facility located in

15 southwestern Arizona and southeastern California and

16 known as the Yuma Training Range Complex shall be

17 known and designated as the ‘‘Bob Stump Training Range

18 Complex’’. Any reference to such training range complex

19 in any law, regulation, map, document, record, or other

20 paper of the United States shall be considered to be a ref21 erence to the Bob Stump Training Range Complex.
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1 SEC. 2842. MODIFICATION OF AUTHORITY TO CONDUCT A

2 ROUND OF REALIGNMENTS AND CLOSURES

3 OF MILITARY INSTALLATIONS IN 2005.

4 (a) REVISION TO FORCE STRUCTURE PLAN FOR

5 2005 ROUND.—Section 2912(a) of the Defense Base Clo6 sure and Realignment Act of 1990 (part A of title XXIX

7 of Public Law 101–510; 10 U.S.C. 2687 note), as added

8 by section 3001 of the National Defense Authorization Act

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

10 1342), is amended—

11 (1) by striking subparagraph (A) of paragraph

12 (1) and inserting the following:

13 ‘‘(A) A force-structure plan for the Armed

14 Forces that—

15 ‘‘(i) at a minimum, assumes the force

16 structure under the 1991 Base Force force

17 structure (as defined in paragraph (5))

18 that is also known as the ‘Cheney-Powell

19 force structure’; and

20 ‘‘(ii) includes such consideration as

21 the Secretary considers appropriate of an

22 assessment by the Secretary of—

23 ‘‘(I) the probable threats to the

24 national security during the 20-year

25 period beginning with fiscal year

26 2005;
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1 ‘‘(II) the probable end-strength

2 levels and major military force units

3 (including land force divisions, carrier

4 and other major combatant vessels,

5 air wings, and other comparable

6 units) needed to meet those threats;

7 and

8 ‘‘(III) the anticipated levels of

9 funding that will be available for na10 tional defense purposes during such

11 period.’’;

12 (2) in paragraph (2)(A), by inserting before the

13 period at the end the following: ‘‘, based upon an as14 sumption that there are no installations available

15 outside the United States for the permanent basing

16 of elements of the Armed Forces’’;

17 (3) in paragraph (4), by inserting after the first

18 sentence the following new sentence: ‘‘Any such revi19 sion shall be consistent with this subsection.’’; and

20 (4) by adding at the end the following new

21 paragraph:

22 ‘‘(5) BASE FORCE.—In this subsection, the

23 term ‘1991 Base Force force structure’ means the

24 force structure plan for the Armed Forces, known as

25 the ‘Base Force’, that was adopted by the Secretary
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1 of Defense in November 1990 based upon rec2 ommendations of the Chairman of the Joint Chiefs

3 of Staff and as incorporated in the President’s budg4 et for fiscal year 1992, as submitted to Congress in

5 February 1991 and that assumed the following force

6 structure:

7 ‘‘(A) For the Department of Defense,

8 1,600,000 members of the Armed Forces on ac9 tive duty and 900,000 members in an active

10 status in the reserve components.

11 ‘‘(B) For the Army, 12 active divisions, six

12 National Guard divisions, and two cadre divi13 sions or their equivalents.

14 ‘‘(C) For the Navy, 12 aircraft carrier bat15 tle groups or their equivalents and 451 naval

16 vessels, including 85 attack submarines.

17 ‘‘(D) For the Marine Corps, three active

18 and one Reserve divisions and three active and

19 one Reserve air wings.

20 ‘‘(E) For the Air Force, 15 active fighter

21 wings and 11 National Guard fighter wings or

22 their equivalents.’’.

23 (b) PREPARATION OF LIST OF MILITARY INSTALLA24 TIONS EXCLUDED FROM CONSIDERATION IN 2005

25 ROUND.—Section 2913 of the Defense Base Closure and
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1 Realignment Act of 1990 (part A of title XXIX of Public

2 Law 101–510; 10 U.S.C. 2687 note), as added by section

3 3002 of the National Defense Authorization Act for Fiscal

4 Year 2002 (Public Law 107–107; 115 Stat. 1344), is

5 amended by adding at the end the following new sub6 sections:

7 ‘‘(g) BASE EXCLUSION CRITERIA.—In preparing the

8 selection criteria required by this section that will be used

9 in making recommendations for the closure or realignment

10 of military installations inside the United States, the Sec11 retary shall ensure that the final criteria reflect the re12 quirement to develop a list of those military installations

13 to be excluded from the base closure and realignment

14 process, as provided in subsection (h).

15 ‘‘(h) LIST OF INSTALLATIONS EXCLUDED FROM

16 CONSIDERATION FOR CLOSURE OR REALIGNMENT.—(1)

17 Before preparing the list required by section 2914(a) of

18 the military installations inside the United States that the

19 Secretary recommends for closure or realignment, the Sec20 retary shall prepare a list of core military installations

21 that the Secretary considers absolutely essential to the na22 tional defense and that should not be considered for clo23 sure.

24 ‘‘(2) Not later than April 1, 2005, the Secretary shall

25 submit to the congressional defense committees, publish
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1 in the Federal Register, and send to the Commission the

2 list required by paragraph (1). The list shall contain at

3 least 50 percent of the total number of military installa4 tions located inside the United States as of the date of

5 the enactment of the National Defense Authorization Act

6 for Fiscal Year 2004.

7 ‘‘(3) The Commission shall consider the list based on

8 the final criteria developed under subsection (e). The Com9 mission may modify this list, in the manner provided in

10 section 2903(d) and section 2914(d), if the Commission

11 finds that the inclusion of a military installation on the

12 list substantially violates the criteria. The Commission

13 shall forward to the President, not later than April 30,

14 2005, a report containing its recommendations regarding

15 the list, which must comply with the percentages specified

16 in paragraph (2). The Comptroller General shall also com17 ply with section 2903(d)(5) by that date.

18 ‘‘(4) If the Commission submits a report to the Presi19 dent under paragraph (3), the President shall notify Con20 gress, not later than May 10, 2005, regarding whether the

21 President approves or disapproves the report. If the Presi22 dent disapproves the report, the Commission shall be dis23 solved, and the process by which military installations may

24 be selected for closure or realignment under this part in

25 2005 shall be terminated.
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1 ‘‘(5) A military installation included on the exclusion

2 list approved under this subsection may not be included

3 on the closure and realignment list prepared under section

4 2914(a) or otherwise considered for closure or realignment

5 as part of the base closure process in 2005.’’.

6 SEC. 2843. USE OF FORCE-STRUCTURE PLAN FOR THE

7 ARMED FORCES IN PREPARATION OF SELEC8 TION CRITERIA FOR BASE CLOSURE ROUND.

9 Section 2913(a) of the Defense Base Closure and Re10 alignment Act of 1990 (part A of title XXIX of Public

11 Law 101–510; 10 U.S.C. 2687 note), as added by section

12 3002 of the National Defense Authorization Act for Fiscal

13 Year 2002 (Public Law 107–107; 115 Stat. 1344), is

14 amended by adding at the end the following new para15 graph:

16 ‘‘(3) USE OF FORCE-STRUCTURE PLAN.—In

17 preparing the proposed and final criteria to be used

18 by the Secretary in making recommendations under

19 section 2914 for the closure or realignment of mili20 tary installations inside the United States, the Sec21 retary shall use the force-structure plan for the

22 Armed Forces prepared under section 2912(a).’’.
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1 SEC. 2844. REQUIREMENT FOR UNANIMOUS VOTE OF DE2 FENSE BASE CLOSURE AND REALIGNMENT

3 COMMISSION TO RECOMMEND CLOSURE OF

4 MILITARY INSTALLATION NOT REC5 OMMENDED FOR CLOSURE BY SECRETARY

6 OF DEFENSE.

7 Section 2914(d) of the Defense Base Closure and Re8 alignment Act of 1990 (part A of title XXIX of Public

9 Law 101–510; 10 U.S.C. 2687 note), as added by section

10 3003 of the Military Construction Authorization Act for

11 Fiscal Year 2002 (division B of Public Law 107–107; 155

12 Stat, 1346) and amended by section 2854 of the Bob

13 Stump National Defense Authorization Act for Fiscal

14 Year 2003 (Public Law 107–314; 116 Stat. 2728), is

15 amended—

16 (1) in paragraph (3), by striking ‘‘TO ADD’’ and

17 inserting ‘‘TO CONSIDER ADDITIONS’’; and

18 (2) in paragraph (5)—

19 (A) by inserting ‘‘AND UNANIMOUS VOTE’’

20 after ‘‘SITE VISIT’’; and

21 (B) by inserting before the period at the

22 end the following: ‘‘and the decision of the

23 Commission to recommend the closure of the

24 installation is unanimous’’.
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1 SEC. 2845. CONSIDERATION OF PUBLIC-ACCESS-ROAD

2 ISSUES RELATED TO DISPOSAL OF PROP3 ERTY AT MILITARY INSTALLATIONS UNDER

4 BASE CLOSURE PROCESS.

5 (a) 1988 LAW.—Section 204(b)(2)(E) of the Defense

6 Authorization Amendments and Base Closure and Re7 alignment Act (Public Law 100–526; 10 U.S.C. 2687

8 note) is amended by adding at the end the following new

9 sentence: ‘‘If a military installation to be closed or placed

10 in an inactive status under this title includes a road used

11 for public access through, into, or around the installation,

12 the consultation required by this subparagraph shall in13 clude a discussion of measures to ensure the continued

14 availability of the road for public use after the installation

15 is closed or placed in an inactive status.’’.

16 (b) 1990 LAW.—Section 2905(b)(2)(D) of the De17 fense Base Closure and Realignment Act of 1990 (part

18 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

19 note) is amended by adding at the end the following new

20 sentence: ‘‘If a military installation to be closed or placed

21 in an inactive status under this part includes a road used

22 for public access through, into, or around the installation,

23 the consultation required by this subparagraph shall in24 clude a discussion of measures to ensure the continued

25 availability of the road for public use after the installation

26 is closed or placed in an inactive status.’’.
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1 DIVISION C—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 AUTHORIZATIONS AND

4 OTHER AUTHORIZATIONS

5 TITLE XXXI—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 PROGRAMS

8 Subtitle A—National Security

9 Programs Authorizations

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

13 are hereby authorized to be appropriated to the Depart14 ment of Energy for fiscal year 2004 for the activities of

15 the National Nuclear Security Administration in carrying

16 out programs necessary for national security in the

17 amount of $8,822,075,000, to be allocated as follows:

18 (1) For weapons activities, $6,393,000,000.

19 (2) For defense nuclear nonproliferation activi20 ties, $1,312,695,000.

21 (3) For naval reactors, $768,400,000.

22 (4) For the Office of the Administrator for Nu23 clear Security, $347,980,000.

24 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

25 From funds referred to in subsection (a) that are available
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1 for carrying out plant projects, the Secretary of Energy

2 may carry out, for weapons activities, the following new

3 plant projects:

4 Project 04–D–101, test capabilities revitaliza5 tion, Sandia National Laboratories, Albuquerque,

6 New Mexico, $36,450,000.

7 Project 04–D–102, exterior communications in8 frastructure modernization, Sandia National Labora9 tories, Albuquerque, New Mexico, $20,000,000.

10 Project 04–D–103, project engineering and de11 sign, various locations, $2,000,000.

12 Project 04–D–104, national security sciences

13 building, Los Alamos National Laboratory, Los Ala14 mos, New Mexico, $38,000,000.

15 Project 04–D–125, chemistry and metallurgy

16 facility replacement project, Los Alamos National

17 Laboratory, Los Alamos, New Mexico, $20,500,000.

18 Project 04–D–126, Building 12-44 production

19 cells upgrade, Pantex plant, Amarillo, Texas,

20 $8,780,000.

21 Project 04–D–127, cleaning and loading modi22 fications, Savannah River Site, Aiken, South Caro23 lina, $2,750,000.
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1 Project 04–D–128, TA–18 Mission relocation

2 project, Los Alamos National Laboratory, Los Ala3 mos, New Mexico, $8,820,000.

4 Project 04–D–203, facilities and infrastructure

5 recapitalization program, project engineering and de6 sign, various locations, $3,719,000.

7 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

9 are hereby authorized to be appropriated to the Depart10 ment of Energy for fiscal year 2004 for environmental

11 management activities in carrying out programs necessary

12 for national security in the amount of $6,819,314,000, to

13 be allocated as follows:

14 (1) For defense site acceleration completion,

15 $5,824,135,000.

16 (2) For defense environmental services,

17 $995,179,000.

18 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

19 From funds referred to in subsection (a) that are available

20 for carrying out plant projects, the Secretary of Energy

21 may carry out, for defense site acceleration completion,

22 the following new plant projects:

23 Project 04–D–408, glass waste storage building

24 #2, Savannah River Site, Aiken, South Carolina,

25 $20,259,000.
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1 Project 04–D–414, project engineering and de2 sign, various locations, $23,500,000.

3 Project 04–D–423, 3013 container surveillance

4 capability in 235-F, Savannah River Site, Aiken,

5 South Carolina, $1,134,000.

6 SEC. 3103. OTHER DEFENSE ACTIVITIES.

7 Funds are hereby authorized to be appropriated to

8 the Department of Energy for fiscal year 2004 for other

9 defense activities in carrying out programs necessary for

10 national security in the amount of $497,331,000.

11 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

12 Funds are hereby authorized to be appropriated to

13 the Department of Energy for fiscal year 2004 for defense

14 nuclear waste disposal for payment to the Nuclear Waste

15 Fund established in section 302(c) of the Nuclear Waste

16 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount

17 of $430,000,000.

18 SEC. 3105. ENERGY SUPPLY.

19 Funds are hereby authorized to be appropriated to

20 the Department of Energy for fiscal year 2004 for energy

21 supply activities in carrying out programs necessary for

22 national security in the amount of $110,473,000.
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1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions

4 SEC. 3111. MODIFICATION OF PROHIBITION RELATING TO

5 LOW-YIELD NUCLEAR WEAPONS.

6 Section 3136 of the National Defense Authorization

7 Act for Fiscal Year 1994 (42 U.S.C. 2121 note) is

8 amended—

9 (1) in the section heading, by striking ‘‘RE10 SEARCH AND DEVELOPMENT’’ and inserting

11 ‘‘DEVELOPMENT AND PRODUCTION’’;

12 (2) in subsection (a), by striking ‘‘conduct re13 search and development which could lead to the pro14 duction by the United States of’’ and insert ‘‘develop

15 or produce’’;

16 (3) in subsection (b)—

17 (A) by striking ‘‘conduct, or provide for

18 the conduct of, research and development which

19 could lead to the production by the United

20 States of’’ and insert ‘‘develop, produce, or pro21 vide for the development or production of,’’; and

22 (B) by striking ‘‘the date of the enactment

23 of this Act,’’ and inserting ‘‘November 30,

24 1993,’’;

25 (4) in subsection (c)—
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1 (A) by striking ‘‘RESEARCH AND’’ in the

2 subsection heading;

3 (B) by striking ‘‘research and’’ in the mat4 ter preceding paragraph (1); and

5 (C) by inserting ‘‘, including assessment of

6 low-yield nuclear weapons development by other

7 nations that may pose a national security risk

8 to the United States’’ before the period at the

9 end of paragraph (3);

10 (5) by redesignating subsection (d) as sub11 section (e); and

12 (6) by inserting after subsection (c) the fol13 lowing new subsection (d):

14 ‘‘(d) EFFECT ON STUDIES AND DESIGN WORK.—

15 Nothing in this section shall prohibit the Secretary of En16 ergy from conducting, or providing for the conduct of, con17 cept definition studies, feasibility studies, or detailed engi18 neering design work.’’.

19 SEC. 3112. TERMINATION OF REQUIREMENT FOR ANNUAL

20 UPDATES OF LONG-TERM PLAN FOR NU21 CLEAR WEAPONS STOCKPILE LIFE EXTEN22 SION PROGRAM.

23 Section 3133 of the National Defense Authorization

24 Act for Fiscal Year 2000 (42 U.S.C. 2121 note) is amend25 ed by adding at the end the following new subsection:
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1 ‘‘(g) TERMINATION OF ANNUAL UPDATES.—Effec2 tive December 31, 2004, the requirements of subsections

3 (c), (d), (e), and (f) shall terminate.’’.

4 SEC. 3113. EXTENSION TO ALL DOE FACILITIES OF AU5 THORITY TO PROHIBIT DISSEMINATION OF

6 CERTAIN UNCLASSIFIED INFORMATION.

7 Subsection a. of section 148 of the Atomic Energy

8 Act of 1954 (42 U.S.C. 2168) is amended in paragraph

9 (1)—

10 (1) in the matter preceding subparagraph (A),

11 by striking ‘‘, with respect to atomic energy defense

12 programs,’’;

13 (2) in subparagraph (A), by striking ‘‘produc14 tion facilities or utilization facilities’’ and inserting

15 ‘‘production facilities, utilization facilities, nuclear

16 waste storage facilities, or uranium enrichment fa17 cilities, or any other facilities at which activities re18 lating to nuclear weapons or nuclear materials are

19 carried out, that are under the control or jurisdic20 tion of the Secretary of Energy’’; and

21 (3) in subparagraph (B), by striking ‘‘produc22 tion or utilization facilities’’ and inserting ‘‘such fa23 cilities’’.
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1 SEC. 3114. DEPARTMENT OF ENERGY PROJECT REVIEW

2 GROUPS NOT SUBJECT TO FEDERAL ADVI3 SORY COMMITTEE ACT BY REASON OF INCLU4 SION OF EMPLOYEES OF DEPARTMENT OF

5 ENERGY MANAGEMENT AND OPERATING

6 CONTRACTORS.

7 An officer or employee of a management and oper8 ating contractor of the Department of Energy, when serv9 ing as a member of a group reviewing or advising on mat10 ters related to any one or more management and operating

11 contracts of the Department, shall be treated as an officer

12 or employee of the Department for purposes of deter13 mining whether the group is an advisory committee within

14 the meaning of section 3 of the Federal Advisory Com15 mittee Act (5 U.S.C. App.).

16 SEC. 3115. AVAILABILITY OF FUNDS.

17 Section 3628 of the Bob Stump National Defense

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

19 314; 116 Stat. 2760; 42 U.S.C. 7386h) is amended to

20 read as follows:

21 ‘‘SEC. 3628. AVAILABILITY OF FUNDS.

22 ‘‘(a) IN GENERAL.—Except as provided in subsection

23 (b), amounts appropriated pursuant to a DOE national

24 security authorization for a fiscal year—

25 ‘‘(1) shall remain available to be expended only

26 in that fiscal year and the two succeeding fiscal
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1 years, in the case of amounts for the National Nu2 clear Security Administration; and

3 ‘‘(2) may, when so specified in an appropria4 tions Act, remain available until expended, in all

5 other cases.

6 ‘‘(b) PROGRAM DIRECTION.—Amounts appropriated

7 pursuant to a DOE national security authorization for a

8 fiscal year for program direction shall remain available to

9 be obligated only until the end of that fiscal year.’’.

10 SEC. 3116. LIMITATION ON OBLIGATION OF FUNDS FOR NU11 CLEAR TEST READINESS PROGRAM.

12 Not more than 40 percent of the funds made avail13 able to the Secretary of Energy for fiscal year 2004 for

14 the Nuclear Test Readiness program of the Department

15 of Energy may be obligated until—

16 (1) the Secretary of Energy submits to the

17 Committees on Armed Services of the Senate and

18 the House of Representatives the report required by

19 section 3142(c) of the Bob Stump National Defense

20 Authorization Act for Fiscal Year 2003 (Public Law

21 107–314; 116 Stat. 2733), relating to plans for

22 achieving enhanced readiness postures for resump23 tion by the United States of underground nuclear

24 weapons tests; and
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1 (2) a period of 30 days has passed after the

2 date on which such report is received by those com3 mittees.

4 SEC. 3117. REQUIREMENT FOR ON-SITE MANAGERS.

5 (a) ON-SITE MANAGER REQUIREMENT.—Before obli6 gating any defense nuclear nonproliferation funds for a

7 project described in subsection (b), the Secretary of En8 ergy shall appoint a United States Federal Government

9 employee as an on-site manager.

10 (b) PROJECTS COVERED.—Subsection (a) applies to

11 a project—

12 (1) to be located in a state of the former Soviet

13 Union;

14 (2) which involves dismantlement, destruction,

15 or storage facilities, or construction of a facility; and

16 (3) with respect to which the total contribution

17 by the Department of Energy is expected to exceed

18 $25,000,000.

19 (c) DUTIES OF ON-SITE MANAGER.—The on-site

20 manager appointed under subsection (a) shall—

21 (1) develop, in cooperation with representatives

22 from governments of countries participating in the

23 project, a list of those steps or activities critical to

24 achieving the project’s disarmament or nonprolifera25 tion goals;
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1 (2) establish a schedule for completing those

2 steps or activities;

3 (3) meet with all participants to seek assur4 ances that those steps or activities are being com5 pleted on 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 Energy to resume

10 United States participation.

11 (d) STEPS OR ACTIVITIES.—Steps or activities re12 ferred to in subsection (c)(1) are those activities that, if

13 not completed, will prevent a project from achieving its

14 disarmament or nonproliferation goals, including, at a

15 minimum, the following:

16 (1) Identification and acquisition of permits (as

17 defined in subsection (f)).

18 (2) Verification that the items, substances, or

19 capabilities to be dismantled, secured, or otherwise

20 modified are available for dismantlement, securing,

21 or 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 Energy 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) PERMIT DEFINED.—In this section, the term

5 ‘‘permit’’ means any local or national permit for develop6 ment, general construction, environmental, land use, or

7 other purposes that is required in the state of the former

8 Soviet Union in which the project is being or is proposed

9 to be carried out.

10 (g) EFFECTIVE DATE.—This section shall take effect

11 six months after the date of the enactment of this Act.

12 Subtitle C—Consolidation of

13 National Security Provisions

14 SEC. 3121. TRANSFER AND CONSOLIDATION OF RECURRING

15 AND GENERAL PROVISIONS ON DEPARTMENT

16 OF ENERGY NATIONAL SECURITY PROGRAMS.

17 (a) PURPOSE.—

18 (1) IN GENERAL.—The purpose of this section

19 is to assemble together, without substantive amend20 ment but with technical and conforming amend21 ments of a non-substantive nature, recurring and

22 general provisions of law on Department of Energy

23 national security programs that remain in force in

24 order to consolidate and organize such provisions of
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1 law into a single Act intended to comprise general

2 provisions of law on such programs.

3 (2) CONSTRUCTION OF TRANSFERS.—The

4 transfer of a provision of law by this section shall

5 not be construed as amending, altering, or otherwise

6 modifying the substantive effect of such provision.

7 (3) COORDINATION WITH OTHER AMEND8 MENTS.—For purposes of applying amendments

9 made by provisions of this Act other than provisions

10 of this section, this section shall be treated as having

11 been enacted immediately after the other provisions

12 of this Act.

13 (4) TREATMENT OF SATISFIED REQUIRE14 MENTS.—Any requirement in a provision of law

15 transferred under this section (including a require16 ment that an amendment to law be executed) that

17 has been fully satisfied in accordance with the terms

18 of such provision of law as of the date of transfer

19 under this section shall be treated as so fully satis20 fied, and shall not be treated as being revived solely

21 by reason of transfer under this section.

22 (5) CLASSIFICATION.—The provisions of the

23 Atomic Energy Defense Act, as amended by this sec24 tion, shall be classified to the United States Code as

25 a new chapter of title 50, United States Code.
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1 (b) DIVISION HEADING.—The Bob Stump National

2 Defense Authorization Act for Fiscal Year 2003 (Public

3 Law 107–314) is amended by adding at the end the fol4 lowing new division heading:

5 ‘‘DIVISION D—ATOMIC ENERGY

6 DEFENSE PROVISIONS’’.

7 (c) SHORT TITLE; DEFINITION.—

8 (1) SHORT TITLE.—Section 3601 of the Atomic

9 Energy Defense Act (title XXXVI of Public Law

10 107–314; 116 Stat. 2756) is—

11 (A) transferred to the end of the Bob

12 Stump National Defense Authorization Act for

13 Fiscal Year 2003;

14 (B) redesignated as section 4001;

15 (C) inserted after the heading for division

16 D of the Bob Stump National Defense Author17 ization Act for Fiscal Year 2003, as added by

18 subsection (b); and

19 (D) amended by striking ‘‘title’’ and in20 serting ‘‘division’’.

21 (2) DEFINITION.—Division D of the Bob

22 Stump National Defense Authorization Act for Fis23 cal Year 2003, as amended by this section, is fur24 ther amended by adding at the end the following

25 new section:
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1 ‘‘SEC. 4002. DEFINITION.

2 ‘‘In this division, the term ‘congressional defense

3 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 (d) ORGANIZATIONAL MATTERS.—

10 (1) TITLE HEADING.—Division D of the Bob

11 Stump National Defense Authorization Act for Fis12 cal Year 2003, as amended by this section, is fur13 ther amended by adding at the end the following:

14 ‘‘TITLE XLI—ORGANIZATIONAL

15 MATTERS’’.

16 (2) NAVAL NUCLEAR PROPULSION PROGRAM.—

17 Section 1634 of the Department of Defense Author18 ization Act, 1985 (Public Law 98–525; 98 Stat.

19 2649) is—

20 (A) transferred to title XLI of division D

21 of the Bob Stump National Defense Authoriza22 tion Act for Fiscal Year 2003, as added by

23 paragraph (1);

24 (B) inserted after the title heading for

25 such title, as so added; and

26 (C) amended—
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1 (i) by striking the section heading and

2 inserting the following new section head3 ing:

4 ‘‘SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.’’;

5 and

6 (ii) by striking ‘‘SEC. 1634.’’.

7 (3) MANAGEMENT STRUCTURE FOR FACILITIES

8 AND LABORATORIES.—Section 3140 of the National

9 Defense Authorization Act for Fiscal Year 1997

10 (Public Law 104–201; 110 Stat. 2833) is—

11 (A) transferred to title XLI 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 4102;

16 (C) inserted after section 4101, as added

17 by paragraph (2); and

18 (D) amended in subsection (d)(2), by strik19 ing ‘‘120 days after the date of the enactment

20 of this Act,’’ and inserting ‘‘January 21,

21 1997,’’.

22 (4) RESTRICTION ON LICENSING REQUIRE23 MENTS FOR CERTAIN ACTIVITIES AND FACILITIES.—

24 Section 210 of the Department of Energy National

25 Security and Military Applications of Nuclear En-
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1 ergy Authorization Act of 1981 (Public Law 96–

2 540; 94 Stat. 3202) is—

3 (A) transferred to title XLI 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 4102, as added

8 by paragraph (3); and

9 (C) amended—

10 (i) by striking the section heading and

11 inserting the following new section head12 ing:

13 ‘‘SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT

14 FOR CERTAIN DEFENSE ACTIVITIES AND FA15 CILITIES.’’;

16 (ii) by striking ‘‘SEC. 210.’’; and

17 (iii) by striking ‘‘this or any other

18 Act’’ and inserting ‘‘the Department of

19 Energy National Security and Military Ap20 plications of Nuclear Energy Authorization

21 Act of 1981 (Public Law 96–540) or any

22 other Act’’.

23 (e) NUCLEAR WEAPONS STOCKPILE MATTERS.—

24 (1) HEADINGS.—Division D of the Bob Stump

25 National Defense Authorization Act for Fiscal Year
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1 2003, as amended by this section, is further amend2 ed by adding at the end the following new headings:

3 ‘‘TITLE XLII—NUCLEAR

4 WEAPONS STOCKPILE MATTERS

5 ‘‘Subtitle A—Stockpile Stewardship

6 and Weapons Production’’.

7 (2) STOCKPILE STEWARDSHIP PROGRAM.—Sec8 tion 3138 of the National Defense Authorization Act

9 for Fiscal Year 1994 (Public Law 103–160; 107

10 Stat. 1946), as amended by section 3152(e) of the

11 National Defense Authorization Act for Fiscal Year

12 1998 (Public Law 105–85; 111 Stat. 2042), 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 added by

16 paragraph (1);

17 (B) redesignated as section 4201; and

18 (C) inserted after the heading for subtitle

19 A of such title, as so added.

20 (3) STOCKPILE STEWARDSHIP CRITERIA.—Sec21 tion 3158 of the Strom Thurmond National Defense

22 Authorization Act for Fiscal Year 1999 (Public Law

23 105–261; 112 Stat. 2257), as amended, 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 4202; and

4 (C) inserted after section 4201, as added

5 by paragraph (2).

6 (4) PLAN FOR STEWARDSHIP, MANAGEMENT,

7 AND CERTIFICATION OF WARHEADS IN STOCK8 PILE.—Section 3151 of the National Defense Au9 thorization Act for Fiscal Year 1998 (Public Law

10 105–85; 111 Stat. 2041) is—

11 (A) transferred to title XLII 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 4203; and

16 (C) inserted after section 4202, as added

17 by paragraph (3).

18 (5) STOCKPILE LIFE EXTENSION PROGRAM.—

19 Section 3133 of the National Defense Authorization

20 Act for Fiscal Year 2000 (Public Law 106–65; 113

21 Stat. 926), as amended by section 3112, 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 4204;

2 (C) inserted after section 4203, as added

3 by paragraph (4); and

4 (D) amended in subsection (c)(1) by strik5 ing ‘‘the date of the enactment of this Act’’ and

6 inserting ‘‘October 5, 1999’’.

7 (6) ANNUAL ASSESSMENTS AND REPORTS ON

8 CONDITION OF STOCKPILE.—Section 3141 of the

9 Bob Stump National Defense Authorization Act for

10 Fiscal Year 2003 (Public Law 107–314; 116 Stat.

11 2730) is—

12 (A) transferred to title XLII of division D

13 of such Act, as amended by this subsection;

14 (B) redesignated as section 4205;

15 (C) inserted after section 4204, as added

16 by paragraph (5); and

17 (D) amended in subsection (d)(3)(B) by

18 striking ‘‘section 3137 of the National Defense

19 Authorization Act for Fiscal Year 1996 (42

20 U.S.C. 2121 note)’’ and inserting ‘‘section

21 4212’’.

22 (7) FORM OF CERTAIN CERTIFICATIONS RE23 GARDING STOCKPILE.—Section 3194 of the Floyd D.

24 Spence National Defense Authorization Act for Fis-
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1 cal Year 2001 (as enacted into law by Public Law

2 106–398; 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

9 by paragraph (6).

10 (8) NUCLEAR TEST BAN READINESS PRO11 GRAM.—Section 1436 of the National Defense Au12 thorization Act, Fiscal Year 1989 (Public Law 100–

13 456; 102 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

20 by paragraph (7); and

21 (D) amended in the section heading by

22 adding 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

2 3192 of the Floyd D. Spence National Defense Au3 thorization Act for Fiscal Year 2001 (as enacted

4 into law by Public Law 106–398; 114 Stat. 1654A–

5 480), is—

6 (A) transferred to title XLII of division D

7 of the Bob Stump National Defense Authoriza8 tion Act for Fiscal Year 2003, as amended by

9 this subsection;

10 (B) redesignated as section 4208; and

11 (C) inserted after section 4207, as added

12 by paragraph (8).

13 (10) REQUIREMENTS FOR REQUESTS FOR NEW

14 OR MODIFIED NUCLEAR WEAPONS.—Section 3143 of

15 the Bob Stump National Defense Authorization Act

16 for Fiscal Year 2003 (Public Law 107–314; 116

17 Stat. 2733) is—

18 (A) transferred to title XLII of division D

19 of such Act, as amended by this subsection;

20 (B) redesignated as section 4209; and

21 (C) inserted after section 4208, as added

22 by paragraph (9).

23 (11) LIMITATION ON UNDERGROUND NUCLEAR

24 WEAPONS TESTS.—Subsection (f) of section 507 of

25 the Energy and Water Development Appropriations
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1 Act, 1993 (Public Law 102–337; 106 Stat. 1345)

2 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) inserted after section 4209, as added

8 by paragraph (10); and

9 (C) amended—

10 (i) by inserting before the text the fol11 lowing new section heading:

12 ‘‘SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR

13 WEAPONS TESTS.’’;

14 and

15 (ii) by striking ‘‘(f)’’.

16 (12) TESTING OF NUCLEAR WEAPONS.—Section

17 3137 of the National Defense Authorization Act for

18 Fiscal Year 1994 (Public Law 103–160; 107 Stat.

19 1946) is—

20 (A) transferred to title XLII of division D

21 of the Bob Stump National Defense Authoriza22 tion Act for Fiscal Year 2003, as amended by

23 this subsection;

24 (B) redesignated as section 4211;
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1 (C) inserted after section 4210, as added

2 by paragraph (11); and

3 (D) amended—

4 (i) in subsection (a), by inserting ‘‘of

5 the National Defense Authorization Act for

6 Fiscal Year 1994 (Public Law 103–160)’’

7 after ‘‘section 3101(a)(2)’’; and

8 (ii) in subsection (b), by striking ‘‘this

9 Act’’ and inserting ‘‘the National Defense

10 Authorization Act for Fiscal Year 1994’’.

11 (13) MANUFACTURING INFRASTRUCTURE FOR

12 STOCKPILE.—Section 3137 of the National Defense

13 Authorization Act for Fiscal Year 1996 (Public Law

14 104–106; 110 Stat. 620), as amended by section

15 3132 of the National Defense Authorization Act for

16 Fiscal Year 1997 (Public Law 104–201; 110 Stat.

17 2829), 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 4212;

23 (C) inserted after section 4211, as added

24 by paragraph (12); and
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1 (D) amended in subsection (d) by inserting

2 ‘‘of the National Defense Authorization Act for

3 Fiscal Year 1996 (Public Law 104–106)’’ after

4 ‘‘section 3101(b)’’.

5 (14) REPORTS ON CRITICAL DIFFICULTIES AT

6 LABORATORIES AND PLANTS.—Section 3159 of the

7 National Defense Authorization Act for Fiscal Year

8 1997 (Public Law 104–201; 110 Stat. 2842), as

9 amended by section 1305 of the National Defense

10 Authorization Act for Fiscal Year 1998 (Public Law

11 105–85; 111 Stat. 1954) and section 3163 of the

12 National Defense Authorization Act for Fiscal Year

13 2000 (Public Law 106–65; 113 Stat. 944), is—

14 (A) transferred to title XLII of division D

15 of the Bob Stump National Defense Authoriza16 tion Act for Fiscal Year 2003, as amended by

17 this subsection;

18 (B) redesignated as section 4213; and

19 (C) inserted after section 4212, as added

20 by paragraph (13).

21 (15) SUBTITLE HEADING ON TRITIUM.—Title

22 XLII of division D of the Bob Stump National De23 fense Authorization Act for Fiscal Year 2003, as

24 amended by this subsection, is further amended by

25 adding at the end the following new subtitle heading:
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1 ‘‘Subtitle B—Tritium’’.

2 (16) TRITIUM PRODUCTION PROGRAM.—Section

3 3133 of the National Defense Authorization Act for

4 Fiscal Year 1996 (Public Law 104–106; 110 Stat.

5 618) is—

6 (A) transferred to title XLII of division D

7 of the Bob Stump National Defense Authoriza8 tion Act for Fiscal Year 2003, as amended by

9 this subsection;

10 (B) redesignated as section 4231;

11 (C) inserted after the heading for subtitle

12 B of such title XLII, as added by paragraph

13 (15); and

14 (D) amended—

15 (i) by striking ‘‘the date of the enact16 ment of this Act’’ each place it appears

17 and inserting ‘‘February 10, 1996’’; and

18 (ii) in subsection (b), by inserting ‘‘of

19 the National Defense Authorization Act for

20 Fiscal Year 1996 (Public Law 104–106)’’

21 after ‘‘section 3101’’.

22 (17) TRITIUM RECYCLING.—Section 3136 of

23 the National Defense Authorization Act for Fiscal

24 Year 1996 (Public Law 104–106; 110 Stat. 620)

25 is—
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1 (A) transferred to title XLII of division D

2 of the Bob Stump National Defense Authoriza3 tion Act for Fiscal Year 2003, as amended by

4 this subsection;

5 (B) redesignated as section 4232; and

6 (C) inserted after section 4231, as added

7 by paragraph (16).

8 (18) TRITIUM PRODUCTION.—Subsections (c)

9 and (d) of section 3133 of the National Defense Au10 thorization Act for Fiscal Year 1997 (Public Law

11 104–201; 110 Stat. 2830) are—

12 (A) transferred to title XLII of division D

13 of the Bob Stump National Defense Authoriza14 tion Act for Fiscal Year 2003, as amended by

15 this subsection;

16 (B) inserted after section 4232, as added

17 by paragraph (17); and

18 (C) amended—

19 (i) by inserting before the text the fol20 lowing new section heading:

21 ‘‘SEC. 4233. TRITIUM PRODUCTION.’’;

22 (ii) by redesignating such subsections

23 as subsections (a) and (b), respectively;

24 and
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1 (iii) in subsection (a), as so redesig2 nated, by inserting ‘‘of Energy’’ after ‘‘The

3 Secretary’’.

4 (19) MODERNIZATION AND CONSOLIDATION OF

5 TRITIUM RECYCLING FACILITIES.—Section 3134 of

6 the National Defense Authorization Act for Fiscal

7 Year 1997 (Public Law 104–201; 110 Stat. 2830)

8 is—

9 (A) transferred to title XLII of division D

10 of the Bob Stump National Defense Authoriza11 tion Act for Fiscal Year 2003, as amended by

12 this subsection;

13 (B) redesignated as section 4234;

14 (C) inserted after section 4233, as added

15 by paragraph (18); and

16 (D) amended in subsection (b) by inserting

17 ‘‘of the National Defense Authorization Act for

18 Fiscal Year 1997 (Public Law 104–201)’’ after

19 ‘‘section 3101’’.

20 (20) PROCEDURES FOR MEETING TRITIUM PRO21 DUCTION REQUIREMENTS.—Section 3134 of the Na22 tional Defense Authorization Act for Fiscal Year

23 2000 (Public Law 106–65; 113 Stat. 927) 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 4235; and

4 (C) inserted after section 4234, as added

5 by paragraph (19).

6 (f) PROLIFERATION MATTERS.—

7 (1) TITLE HEADING.—Division D of the Bob

8 Stump National Defense Authorization Act for Fis9 cal Year 2003, as amended by this section, is fur10 ther amended by adding at the end the following

11 new title heading:

12 ‘‘TITLE XLIII—PROLIFERATION

13 MATTERS’’.

14 (2) INTERNATIONAL COOPERATIVE STOCKPILE

15 STEWARDSHIP.—Section 3133 of the National De16 fense Authorization Act for Fiscal Year 1998 (Pub17 lic Law 105–85; 111 Stat. 2036), as amended by

18 sections 1069 and 3131 of the Strom Thurmond

19 National Defense Authorization Act for Fiscal Year

20 1999 (Public Law 105–261; 112 Stat. 2136, 2246),

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 added by

25 paragraph (1);
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1 (B) redesignated as section 4301;

2 (C) inserted after the heading for such

3 title, as so added; and

4 (D) amended in subsection (b)(3) by strik5 ing ‘‘of this Act’’ and inserting ‘‘of the National

6 Defense Authorization Act for Fiscal Year 1998

7 (Public Law 105–85)’’.

8 (3) NONPROLIFERATION INITIATIVES AND AC9 TIVITIES.—Section 3136 of the National Defense

10 Authorization Act for Fiscal Year 2000 (Public Law

11 106–65; 113 Stat. 927) is—

12 (A) transferred to title XLIII 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 4302;

17 (C) inserted after section 4301, as added

18 by paragraph (2); and

19 (D) amended in subsection (b)(1) by strik20 ing ‘‘this title’’ and inserting ‘‘title XXXI of the

21 National Defense Authorization Act for Fiscal

22 Year 2000 (Public Law 106–65)’’.

23 (4) ANNUAL REPORT ON MATERIALS PROTEC24 TION, CONTROL, AND ACCOUNTING PROGRAM.—Sec25 tion 3171 of the Floyd D. Spence National Defense
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1 Authorization Act for Fiscal Year 2001 (as enacted

2 into law by Public Law 106–398; 114 Stat. 1645A–

3 475) is—

4 (A) transferred to title XLIII 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 4303;

9 (C) inserted after section 4302, as added

10 by paragraph (3); and

11 (D) amended in subsection (c)(1) by strik12 ing ‘‘this Act’’ and inserting ‘‘the Floyd D.

13 Spence National Defense Authorization Act for

14 Fiscal Year 2001 (as enacted into law by Public

15 Law 106–398)’’.

16 (5) NUCLEAR CITIES INITIATIVE.—Section

17 3172 of the Floyd D. Spence National Defense Au18 thorization Act for Fiscal Year 2001 (as enacted

19 into law by Public Law 106–398; 114 Stat. 1645A–

20 476) is—

21 (A) transferred to title XLIII of division D

22 of the Bob Stump National Defense Authoriza23 tion Act for Fiscal Year 2003, as amended by

24 this subsection;

25 (B) redesignated as section 4304; and
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1 (C) inserted after section 4303, as added

2 by paragraph (4).

3 (6) PROGRAMS ON FISSILE MATERIALS.—Sec4 tion 3131 of the National Defense Authorization Act

5 for Fiscal Year 1996 (Public Law 104–106; 110

6 Stat. 617), as amended by section 3152 of the Bob

7 Stump National Defense Authorization Act for Fis8 cal Year 2003 (Public Law 107–314; 116 Stat.

9 2738), is—

10 (A) transferred to title XLIII 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 4305; and

15 (C) inserted after section 4304, as added

16 by paragraph (5).

17 (g) ENVIRONMENTAL RESTORATION AND WASTE

18 MANAGEMENT MATTERS.—

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 amend22 ed by adding at the end the following new headings:
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1 ‘‘TITLE XLIV—ENVIRONMENTAL

2 RESTORATION AND WASTE

3 MANAGEMENT MATTERS

4 ‘‘Subtitle A—Environmental Res5 toration and Waste Manage6 ment’’.

7 (2) DEFENSE ENVIRONMENTAL RESTORATION

8 AND WASTE MANAGEMENT ACCOUNT.—Section 3134

9 of the National Defense Authorization Act for Fiscal

10 Years 1992 and 1993 (Public Law 102–190; 105

11 Stat. 1575) 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 added by

15 paragraph (1);

16 (B) redesignated as section 4401; and

17 (C) inserted after the heading for subtitle

18 A of such title, as so added.

19 (3) FUTURE USE PLANS FOR ENVIRONMENTAL

20 MANAGEMENT PROGRAM.—Section 3153 of the Na21 tional Defense Authorization Act for Fiscal Year

22 1997 (Public Law 104–201; 110 Stat. 2839) 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 4402;

4 (C) inserted after section 4401, as added

5 by paragraph (2); and

6 (D) amended—

7 (i) in subsection (d), by striking ‘‘the

8 date of the enactment of this Act’’ and in9 serting ‘‘September 23, 1996,’’; and

10 (ii) in subsection (h)(1), by striking

11 ‘‘the date of the enactment of this Act’’

12 and inserting ‘‘September 23, 1996’’.

13 (4) INTEGRATED FISSILE MATERIALS MANAGE14 MENT PLAN.—Section 3172 of the National Defense

15 Authorization Act for Fiscal Year 2000 (Public Law

16 106–65; 113 Stat. 948) is—

17 (A) transferred to title XLIV 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 4403; and

22 (C) inserted after section 4402, as added

23 by paragraph (3).

24 (5) BASELINE ENVIRONMENTAL MANAGEMENT

25 REPORTS.—Section 3153 of the National Defense
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1 Authorization Act for Fiscal Year 1994 (Public Law

2 103–160; 107 Stat. 1950), as amended by section

3 3160 of the National Defense Authorization Act for

4 Fiscal Year 1995 (Public Law 103–337; 108 Stat.

5 3094), section 3152 of the National Defense Author6 ization Act for Fiscal Year 1997 (Public Law 104–

7 201; 110 Stat. 2839), and section 3160 of the Na8 tional Defense Authorization Act for Fiscal Year

9 1998 (Public Law 105–85; 111 Stat. 2048), is—

10 (A) transferred to title XLIV 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 4404; and

15 (C) inserted after section 4403, as added

16 by paragraph (4).

17 (6) ACCELERATED SCHEDULE OF ENVIRON18 MENTAL RESTORATION AND WASTE MANAGEMENT.—

19 Section 3156 of the National Defense Authorization

20 Act for Fiscal Year 1996 (Public Law 104–106; 110

21 Stat. 625) is—

22 (A) transferred to title XLIV 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 4405;

2 (C) inserted after section 4404, as added

3 by paragraph (5); and

4 (D) amended in subsection (b)(2) by in5 serting before the period the following: ‘‘, the

6 predecessor provision to section 4404 of this

7 Act’’.

8 (7) DEFENSE WASTE CLEANUP TECHNOLOGY

9 PROGRAM.—Section 3141 of the National Defense

10 Authorization Act for Fiscal Years 1990 and 1991

11 (Public Law 101–189; 103 Stat. 1679) 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 4406;

17 (C) inserted after section 4405, as added

18 by paragraph (6); and

19 (D) amended in the section heading by

20 adding a period at the end.

21 (8) REPORT ON ENVIRONMENTAL RESTORATION

22 EXPENDITURES.—Section 3134 of the National De23 fense Authorization Act for Fiscal Year 1991 (Pub24 lic Law 101–510; 104 Stat. 1833) 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 4407;

6 (C) inserted after section 4406, as added

7 by paragraph (7); and

8 (D) amended in the section heading by

9 adding a period at the end.

10 (9) PUBLIC PARTICIPATION IN PLANNING FOR

11 ENVIRONMENTAL RESTORATION AND WASTE MAN12 AGEMENT.—Subsection (e) of section 3160 of the

13 National Defense Authorization Act for Fiscal Year

14 1995 (Public Law 103–337; 108 Stat. 3095) is—

15 (A) transferred to title XLIV 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) inserted after section 4407, as added

20 by paragraph (8); and

21 (C) amended—

22 (i) by inserting before the text the fol23 lowing new section heading:
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1 ‘‘SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR EN2 VIRONMENTAL RESTORATION AND WASTE

3 MANAGEMENT AT DEFENSE NUCLEAR FA4 CILITIES.’’;

5 and

6 (ii) by striking ‘‘(e) PUBLIC PARTICI7 PATION IN PLANNING.—’’.

8 (10) SUBTITLE HEADING ON CLOSURE OF FA9 CILITIES.—Title XLIV of division D of the Bob

10 Stump National Defense Authorization Act for Fis11 cal Year 2003, as amended by this subsection, is

12 further amended by adding at the end the following

13 new subtitle heading:

14 ‘‘Subtitle B—Closure of Facilities’’.

15 (11) PROJECTS TO ACCELERATE CLOSURE AC16 TIVITIES AT DEFENSE NUCLEAR FACILITIES.—Sec17 tion 3143 of the National Defense Authorization Act

18 for Fiscal Year 1997 (Public Law 104–201; 110

19 Stat. 2836) is—

20 (A) transferred to title XLIV of division D

21 of the Bob Stump National Defense Authoriza22 tion Act for Fiscal Year 2003, as amended by

23 this subsection;

24 (B) redesignated as section 4421;
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1 (C) inserted after the heading for subtitle

2 B of such title, as added by paragraph (10);

3 and

4 (D) amended in subsection (i), by striking

5 ‘‘the expiration of the 15-year period beginning

6 on the date of the enactment of this Act’’ and

7 inserting ‘‘September 23, 2011’’.

8 (12) REPORTS IN CONNECTION WITH PERMA9 NENT CLOSURE OF DEFENSE NUCLEAR FACILI10 TIES.—Section 3156 of the National Defense Au11 thorization Act for Fiscal Years 1990 and 1991

12 (Public Law 101–189; 103 Stat. 1683) is—

13 (A) transferred to title XLIV of division D

14 of the Bob Stump National Defense Authoriza15 tion Act for Fiscal Year 2003, as amended by

16 this subsection;

17 (B) redesignated as section 4422;

18 (C) inserted after section 4421, as added

19 by paragraph (11); and

20 (D) amended in the section heading by

21 adding a period at the end.

22 (13) SUBTITLE HEADING ON PRIVATIZATION.—

23 Title XLIV of division D of the Bob Stump National

24 Defense Authorization Act for Fiscal Year 2003, as
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1 amended by this subsection, is further amended by

2 adding at the end the following new subtitle heading:

3 ‘‘Subtitle C—Privatization’’.

4 (14) DEFENSE ENVIRONMENTAL MANAGEMENT

5 PRIVATIZATION PROJECTS.—Section 3132 of the Na6 tional Defense Authorization Act for Fiscal Year

7 1998 (Public Law 105–85; 111 Stat. 2034) is—

8 (A) transferred to title XLIV of division D

9 of the Bob Stump National Defense Authoriza10 tion Act for Fiscal Year 2003, as amended by

11 this subsection;

12 (B) redesignated as section 4431;

13 (C) inserted after the heading for subtitle

14 C of such title, as added by paragraph (13);

15 and

16 (D) amended—

17 (i) in subsections (a), (c)(1)(B)(i),

18 and (d), by inserting ‘‘of the National De19 fense Authorization Act for Fiscal Year

20 1998 (Public Law 105–85)’’ after ‘‘section

21 3102(i)’’; and

22 (ii) in subsections (c)(1)(B)(ii) and

23 (f), by striking ‘‘the date of enactment of

24 this Act’’ and inserting ‘‘November 18,

25 1997’’.
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1 (h) SAFEGUARDS AND SECURITY MATTERS.—

2 (1) HEADINGS.—Division D of the Bob Stump

3 National Defense Authorization Act for Fiscal Year

4 2003, as amended by this section, is further amend5 ed by adding at the end the following new headings:

6 ‘‘TITLE XLV—SAFEGUARDS AND

7 SECURITY MATTERS

8 ‘‘Subtitle A—Safeguards and

9 Security’’.

10 (2) PROHIBITION ON INTERNATIONAL INSPEC11 TIONS OF FACILITIES WITHOUT PROTECTION OF RE12 STRICTED DATA.—Section 3154 of the National De13 fense Authorization Act for Fiscal Year 1996 (Pub14 lic Law 104–106; 110 Stat. 624) is—

15 (A) transferred to title XLV of division D

16 of the Bob Stump National Defense Authoriza17 tion Act for Fiscal Year 2003, as added by

18 paragraph (1);

19 (B) redesignated as section 4501;

20 (C) inserted after the heading for subtitle

21 A of such title, as so added; and

22 (D) amended—

23 (i) by striking ‘‘(1) The’’ and insert24 ing ‘‘The’’; and
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1 (ii) by striking ‘‘(2) For purposes of

2 paragraph (1),’’ and inserting ‘‘(c) RE3 STRICTED DATA DEFINED.—In this sec4 tion,’’.

5 (3) RESTRICTIONS ON ACCESS TO LABORA6 TORIES BY FOREIGN VISITORS FROM SENSITIVE

7 COUNTRIES.—Section 3146 of the National Defense

8 Authorization Act for Fiscal Year 2000 (Public Law

9 106–65; 113 Stat. 935) is—

10 (A) transferred to title XLV 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 4502;

15 (C) inserted after section 4501, as added

16 by paragraph (2); and

17 (D) amended—

18 (i) in subsection (b)(2)—

19 (I) in the matter preceding sub20 paragraph (A), by striking ‘‘30 days

21 after the date of the enactment of this

22 Act’’ and inserting ‘‘on November 4,

23 1999,’’; and

24 (II) in subparagraph (A), by

25 striking ‘‘The date that is 90 days
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1 after the date of the enactment of this

2 Act’’ and inserting ‘‘January 3,

3 2000’’;

4 (ii) in subsection (d)(1), by striking

5 ‘‘the date of the enactment of this Act,’’

6 and inserting ‘‘October 5, 1999,’’; and

7 (iii) in subsection (g), by adding at

8 the end the following new paragraphs:

9 ‘‘(3) The term ‘national laboratory’ means any

10 of the following:

11 ‘‘(A) Lawrence Livermore National Lab12 oratory, Livermore, California.

13 ‘‘(B) Los Alamos National Laboratory,

14 Los Alamos, New Mexico.

15 ‘‘(C) Sandia National Laboratories, Albu16 querque, New Mexico and Livermore, Cali17 fornia.

18 ‘‘(4) The term ‘Restricted Data’ has the mean19 ing given that term in section 11 y. of the Atomic

20 Energy Act of 1954 (42 U.S.C. 2014(y)).’’.

21 (4) BACKGROUND INVESTIGATIONS ON CERTAIN

22 PERSONNEL.—Section 3143 of the National Defense

23 Authorization Act for Fiscal Year 2000 (Public Law

24 106–65; 113 Stat. 934) is—
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1 (A) transferred to title XLV 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 4503;

6 (C) inserted after section 4502, as added

7 by paragraph (3); and

8 (D) amended—

9 (i) in subsection (b), by striking ‘‘the

10 date of the enactment of this Act’’ and in11 serting ‘‘October 5, 1999,’’; and

12 (ii) by adding at the end the following

13 new subsection:

14 ‘‘(c) DEFINITIONS.—In this section, the terms ‘na15 tional laboratory’ and ‘Restricted Data’ have the meanings

16 given such terms in section 4502(g).’’.

17 (5) COUNTERINTELLIGENCE POLYGRAPH PRO18 GRAM.—

19 (A) DEPARTMENT OF ENERGY COUNTER20 INTELLIGENCE POLYGRAPH PROGRAM.—Section

21 3152 of the National Defense Authorization Act

22 for Fiscal Year 2002 (Public Law 107–107;

23 115 Stat. 1376) is—

24 (i) transferred to title XLV 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 4504;

4 (iii) inserted after section 4503, as

5 added by paragraph (4); and

6 (iv) amended in subsection (c) by

7 striking ‘‘section 3154 of the Department

8 of Energy Facilities Safeguards, Security,

9 and Counterintelligence Enhancement Act

10 of 1999 (subtitle D of title XXXI of Public

11 Law 106–65; 42 U.S.C. 7383h)’’ and in12 serting ‘‘section 4504A’’.

13 (B) COUNTERINTELLIGENCE POLYGRAPH

14 PROGRAM.—Section 3154 of the National De15 fense Authorization Act for Fiscal Year 2000

16 (Public Law 106–65; 113 Stat. 941), as

17 amended by section 3135 of the Floyd D.

18 Spence National Defense Authorization Act for

19 Fiscal Year 2001 (as enacted into law by Public

20 Law 106–398; 114 Stat. 1654A–456), is—

21 (i) transferred to title XLV of division

22 D of the Bob Stump National Defense Au23 thorization Act for Fiscal Year 2003, as

24 amended by this subsection;

25 (ii) redesignated as section 4504A;
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1 (iii) inserted after section 4504, as

2 added by subparagraph (A); and

3 (iv) amended in subsection (h) by

4 striking ‘‘180 days after the date of the

5 enactment of this Act,’’ and inserting

6 ‘‘April 5, 2000,’’.

7 (6) NOTICE OF SECURITY AND COUNTERINTEL8 LIGENCE FAILURES.—Section 3150 of the National

9 Defense Authorization Act for Fiscal Year 2000

10 (Public Law 106–65; 113 Stat. 939) is—

11 (A) transferred to title XLV 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 4505; and

16 (C) inserted after section 4504A, as added

17 by paragraph (5)(B).

18 (7) ANNUAL REPORT ON SECURITY FUNCTIONS

19 AT NUCLEAR WEAPONS FACILITIES.—Section 3162

20 of the National Defense Authorization Act for Fiscal

21 Year 1998 (Public Law 105–85; 111 Stat. 2049)

22 is—

23 (A) transferred to title XLV 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 4506;

4 (C) inserted after section 4505, as added

5 by paragraph (6); and

6 (D) amended in subsection (b) by inserting

7 ‘‘of the National Defense Authorization Act for

8 Fiscal Year 1998 (Public Law 105–85; 111

9 Stat. 2048; 42 U.S.C. 7251 note)’’ after ‘‘sec10 tion 3161’’.

11 (8) REPORT ON COUNTERINTELLIGENCE AND

12 SECURITY PRACTICES AT LABORATORIES.—Section

13 3152 of the National Defense Authorization Act for

14 Fiscal Year 2000 (Public Law 106–65; 113 Stat.

15 940) is—

16 (A) transferred to title XLV of division D

17 of the Bob Stump National Defense Authoriza18 tion Act for Fiscal Year 2003, as amended by

19 this subsection;

20 (B) redesignated as section 4507;

21 (C) inserted after section 4506, as added

22 by paragraph (7); and

23 (D) amended by adding at the end the fol24 lowing new subsection:
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1 ‘‘(c) NATIONAL LABORATORY DEFINED.—In this

2 section, the term ‘national laboratory’ has the meaning

3 given that term in section 4502(g)(3).’’.

4 (9) REPORT ON SECURITY VULNERABILITIES

5 OF NATIONAL LABORATORY COMPUTERS.—Section

6 3153 of the National Defense Authorization Act for

7 Fiscal Year 2000 (Public Law 106–65; 113 Stat.

8 940) is—

9 (A) transferred to title XLV of division D

10 of the Bob Stump National Defense Authoriza11 tion Act for Fiscal Year 2003, as amended by

12 this subsection;

13 (B) redesignated as section 4508;

14 (C) inserted after section 4507, as added

15 by paragraph (8); and

16 (D) amended by adding at the end the fol17 lowing new subsection:

18 ‘‘(f) NATIONAL LABORATORY DEFINED.—In this sec19 tion, the term ‘national laboratory’ has the meaning given

20 that term in section 4502(g)(3).’’.

21 (10) SUBTITLE HEADING ON CLASSIFIED IN22 FORMATION.—Title XLV of division D of the Bob

23 Stump National Defense Authorization Act for Fis24 cal Year 2003, as amended by this subsection, is
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1 further amended by adding at the end the following

2 new subtitle heading:

3 ‘‘Subtitle B—Classified

4 Information’’.

5 (11) REVIEW OF CERTAIN DOCUMENTS BEFORE

6 DECLASSIFICATION AND RELEASE.—Section 3155 of

7 the National Defense Authorization Act for Fiscal

8 Year 1996 (Public Law 104–106; 110 Stat. 625)

9 is—

10 (A) transferred to title XLV 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 4521; and

15 (C) inserted after the heading for subtitle

16 B of such title, as added by paragraph (10).

17 (12) PROTECTION AGAINST INADVERTENT RE18 LEASE OF RESTRICTED DATA AND FORMERLY RE19 STRICTED DATA.—Section 3161 of the Strom Thur20 mond National Defense Authorization Act for Fiscal

21 Year 1999 (Public Law 105–261; 112 Stat. 2259),

22 as amended by section 1067(3) of the National De23 fense Authorization Act for Fiscal Year 2000 (Pub24 lic Law 106–65; 113 Stat. 774) and section 3193 of

25 the Floyd D. Spence National Defense Authorization
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1 Act for Fiscal Year 2001 (as enacted into law by

2 Public Law 106–398; 114 Stat. 1654A–480), is—

3 (A) transferred to title XLV 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 4522;

8 (C) inserted after section 4521, as added

9 by paragraph (11); and

10 (D) amended—

11 (i) in subsection (c)(1), by striking

12 ‘‘the date of the enactment of this Act’’

13 and inserting ‘‘October 17, 1998,’’;

14 (ii) in subsection (f)(1), by striking

15 ‘‘the date of the enactment of this Act’’

16 and inserting ‘‘October 17, 1998’’; and

17 (iii) in subsection (f)(2), by striking

18 ‘‘The Secretary’’ and inserting ‘‘Com19 mencing with inadvertent releases discov20 ered on or after October 30, 2000, the

21 Secretary’’.

22 (13) SUPPLEMENT TO PLAN FOR DECLAS23 SIFICATION OF RESTRICTED DATA AND FORMERLY

24 RESTRICTED DATA.—Section 3149 of the National
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1 Defense Authorization Act for Fiscal Year 2000

2 (Public Law 106–65; 113 Stat. 938) is—

3 (A) transferred to title XLV 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 4523;

8 (C) inserted after section 4522, as added

9 by 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 Authorization

14 Act for Fiscal Year 1999 (Public Law

15 105–261; 112 Stat. 2260; 50 U.S.C. 435

16 note)’’ and inserting ‘‘subsection (a) of sec17 tion 4522’’;

18 (ii) in subsection (b)—

19 (I) by striking ‘‘section

20 3161(b)(1) of that Act’’ and inserting

21 ‘‘subsection (b)(1) of section 4522’’;

22 and

23 (II) by striking ‘‘the date of the

24 enactment of that Act’’ and inserting

25 ‘‘October 17, 1998,’’;
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1 (iii) in subsection (c)—

2 (I) by striking ‘‘section 3161(c)

3 of that Act’’ and inserting ‘‘subsection

4 (c) of section 4522’’; and

5 (II) by striking ‘‘section 3161(a)

6 of that Act’’ and inserting ‘‘subsection

7 (a) of such section’’; and

8 (iv) in subsection (d), by striking

9 ‘‘section 3161(d) of that Act’’ and insert10 ing ‘‘subsection (d) of section 4522’’.

11 (14) PROTECTION OF CLASSIFIED INFORMA12 TION DURING LABORATORY-TO-LABORATORY EX13 CHANGES.—Section 3145 of the National Defense

14 Authorization Act for Fiscal Year 2000 (Public Law

15 106–65; 113 Stat. 935) is—

16 (A) transferred to title XLV of division D

17 of the Bob Stump National Defense Authoriza18 tion Act for Fiscal Year 2003, as amended by

19 this subsection;

20 (B) redesignated as section 4524; and

21 (C) inserted after section 4523, as added

22 by paragraph (13).

23 (15) IDENTIFICATION IN BUDGETS OF AMOUNT

24 FOR DECLASSIFICATION ACTIVITIES.—Section 3173
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1 of the National Defense Authorization Act for Fiscal

2 Year 2000 (Public Law 106–65; 113 Stat. 949) is—

3 (A) transferred to title XLV 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 4525;

8 (C) inserted after section 4524, as added

9 by paragraph (14); and

10 (D) amended in subsection (b) by striking

11 ‘‘the date of the enactment of this Act’’ and in12 serting ‘‘October 5, 1999,’’.

13 (16) SUBTITLE HEADING ON EMERGENCY RE14 SPONSE.—Title XLV of division D of the Bob

15 Stump National Defense Authorization Act for Fis16 cal Year 2003, as amended by this subsection, is

17 further amended by adding at the end the following

18 new subtitle heading:

19 ‘‘Subtitle C—Emergency Response’’.

20 (17) RESPONSIBILITY FOR DEFENSE PROGRAMS

21 EMERGENCY RESPONSE PROGRAM.—Section 3158 of

22 the National Defense Authorization Act for Fiscal

23 Year 1996 (Public Law 104–106; 110 Stat. 626)

24 is—
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1 (A) transferred to title XLV 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 4541; and

6 (C) inserted after the heading for subtitle

7 C of such title, as added by paragraph (16).

8 (i) PERSONNEL MATTERS.—

9 (1) HEADINGS.—Division D of the Bob Stump

10 National Defense Authorization Act for Fiscal Year

11 2003, as amended by this section, is further amend12 ed by adding at the end the following new headings:

13 ‘‘TITLE XLVI—PERSONNEL

14 MATTERS

15 ‘‘Subtitle A—Personnel

16 Management’’.

17 (2) AUTHORITY FOR APPOINTMENT OF CERTAIN

18 SCIENTIFIC, ENGINEERING, AND TECHNICAL PER19 SONNEL.—Section 3161 of the National Defense Au20 thorization Act for Fiscal Year 1995 (Public Law

21 103–337; 108 Stat. 3095), as amended by section

22 3139 of the National Defense Authorization Act for

23 Fiscal Year 1998 (Public Law 105–85; 111 Stat.

24 2040), sections 3152 and 3155 of the Strom Thur25 mond National Defense Authorization Act for Fiscal
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1 Year 1999 (Public Law 105–261; 112 Stat. 2253,

2 2257), and section 3191 of the Floyd D. Spence Na3 tional Defense Authorization Act for Fiscal Year

4 2001 (as enacted into law by Public Law 106–398;

5 114 Stat. 1654A–480), is—

6 (A) transferred to title XLVI of division D

7 of the Bob Stump National Defense Authoriza8 tion Act for Fiscal Year 2003, as added by

9 paragraph (1);

10 (B) redesignated as section 4601; and

11 (C) inserted after the heading for subtitle

12 A of such title, as so added.

13 (3) WHISTLEBLOWER PROTECTION PROGRAM.—

14 Section 3164 of the National Defense Authorization

15 Act for Fiscal Year 2000 (Public Law 106–65; 113

16 Stat. 946) is—

17 (A) transferred to title XLVI of division D

18 of the Bob Stump National Defense Authoriza19 tion Act for Fiscal Year 2003, as amended by

20 this subsection;

21 (B) redesignated as section 4602;

22 (C) inserted after section 4601, as added

23 by paragraph (2); and
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1 (D) amended in subsection (n) by striking

2 ‘‘60 days after the date of the enactment of this

3 Act,’’ and inserting ‘‘December 5, 1999,’’.

4 (4) EMPLOYEE INCENTIVES FOR WORKERS AT

5 CLOSURE PROJECT FACILITIES.—Section 3136 of

6 the Floyd D. Spence National Defense Authorization

7 Act for Fiscal Year 2001 (as enacted into law by

8 Public Law 106–398; 114 Stat. 1654A–458) is—

9 (A) transferred to title XLVI of division D

10 of the Bob Stump National Defense Authoriza11 tion Act for Fiscal Year 2003, as amended by

12 this subsection;

13 (B) redesignated as section 4603;

14 (C) inserted after section 4602, as added

15 by paragraph (3); and

16 (D) amended—

17 (i) in subsections (c) and (i)(1)(A), by

18 striking ‘‘section 3143 of the National De19 fense Authorization Act for Fiscal Year

20 1997 (42 U.S.C. 7274n)’’ and inserting

21 ‘‘section 4421’’; and

22 (ii) in subsection (g), by striking ‘‘sec23 tion 3143(h) of the National Defense Au24 thorization Act for Fiscal Year 1997’’ and

25 inserting ‘‘section 4421(h)’’.
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1 (5) DEFENSE NUCLEAR FACILITY WORKFORCE

2 RESTRUCTURING PLAN.—Section 3161 of the Na3 tional Defense Authorization Act for Fiscal Year

4 1993 (Public Law 102–484; 106 Stat. 2644), as

5 amended by section 1070(c)(2) of the National De6 fense Authorization Act for Fiscal Year 1995 (Pub7 lic Law 103–337; 108 Stat. 2857), Public Law 105–

8 277 (112 Stat. 2681–419, 2681–430), and section

9 1048(h)(1) of the National Defense Authorization

10 Act for Fiscal Year 2002 (Public Law 107–107; 115

11 Stat. 1229), 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 4604;

17 (C) inserted after section 4603, as added

18 by paragraph (4); and

19 (D) amended—

20 (i) in subsection (a), by striking

21 ‘‘(hereinafter in this subtitle referred to as

22 the ‘Secretary’)’’; and

23 (ii) by adding at the end the following

24 new subsection:
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1 ‘‘(g) DEPARTMENT OF ENERGY DEFENSE NUCLEAR

2 FACILITY DEFINED.—In this section, the term ‘Depart3 ment of Energy defense nuclear facility’ means—

4 ‘‘(1) a production facility or utilization facility

5 (as those terms are defined in section 11 of the

6 Atomic Energy Act of 1954 (42 U.S.C. 2014)) that

7 is under the control or jurisdiction of the Secretary

8 and that is operated for national security purposes

9 (including the tritium loading facility at Savannah

10 River, South Carolina, the 236 H facility at Savan11 nah River, South Carolina; and the Mound Labora12 tory, Ohio), but the term does not include any facil13 ity that does not conduct atomic energy defense ac14 tivities and does not include any facility or activity

15 covered by Executive Order Number 12344, dated

16 February 1, 1982, pertaining to the naval nuclear

17 propulsion program;

18 ‘‘(2) a nuclear waste storage or disposal facility

19 that is under the control or jurisdiction of the Sec20 retary;

21 ‘‘(3) a testing and assembly facility that is

22 under the control or jurisdiction of the Secretary

23 and that is operated for national security purposes

24 (including the Nevada Test Site, Nevada; the
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1 Pinnellas Plant, Florida; and the Pantex facility,

2 Texas);

3 ‘‘(4) an atomic weapons research facility that is

4 under the control or jurisdiction of the Secretary

5 (including Lawrence Livermore, Los Alamos, and

6 Sandia National Laboratories); or

7 ‘‘(5) any facility described in paragraphs (1)

8 through (4) that—

9 ‘‘(A) is no longer in operation;

10 ‘‘(B) was under the control or jurisdiction

11 of the Department of Defense, the Atomic En12 ergy Commission, or the Energy Research and

13 Development Administration; and

14 ‘‘(C) was operated for national security

15 purposes.’’.

16 (6) AUTHORITY TO PROVIDE CERTIFICATE OF

17 COMMENDATION TO EMPLOYEES.—Section 3195 of

18 the Floyd D. Spence National Defense Authorization

19 Act for Fiscal Year 2001 (as enacted into law by

20 Public Law 106–398; 114 Stat. 1654A–481) 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 4605; and
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1 (C) inserted after section 4604, as added

2 by paragraph (5).

3 (7) SUBTITLE HEADING ON TRAINING AND

4 EDUCATION.—Title XLVI of division D of the Bob

5 Stump National Defense Authorization Act for Fis6 cal Year 2003, as amended by this subsection, is

7 further amended by adding at the end the following

8 new subtitle heading:

9 ‘‘Subtitle B—Education and

10 Training’’.

11 (8) EXECUTIVE MANAGEMENT TRAINING.—Sec12 tion 3142 of the National Defense Authorization Act

13 for Fiscal Years 1990 and 1991 (Public Law 101–

14 189; 103 Stat. 1680) is—

15 (A) transferred to title XLVI 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 4621;

20 (C) inserted after the heading for subtitle

21 B of such title, as added by paragraph (7); and

22 (D) amended in the section heading by

23 adding a period at the end.

24 (9) STOCKPILE STEWARDSHIP RECRUITMENT

25 AND TRAINING PROGRAM.—Section 3131 of the Na-
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1 tional Defense Authorization Act for Fiscal Year

2 1995 (Public Law 103–337; 108 Stat. 3085) 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 4622;

8 (C) inserted after section 4621, as added

9 by paragraph (8); and

10 (D) amended—

11 (i) in subsection (a)(1), by striking

12 ‘‘section 3138 of the National Defense Au13 thorization Act for Fiscal Year 1994 (Pub14 lic Law 103–160; 107 Stat. 1946; 42

15 U.S.C. 2121 note)’’ and inserting ‘‘section

16 4201’’; and

17 (ii) in subsection (b)(2), by inserting

18 ‘‘of the National Defense Authorization

19 Act for Fiscal Year 1995 (Public Law

20 103–337)’’ after ‘‘section 3101(a)(1)’’.

21 (10) FELLOWSHIP PROGRAM FOR DEVELOP22 MENT OF SKILLS CRITICAL TO NUCLEAR WEAPONS

23 COMPLEX.—Section 3140 of the National Defense

24 Authorization Act for Fiscal Year 1996 (Public Law

25 104–106; 110 Stat 621), as amended by section
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1 3162 of the National Defense Authorization Act for

2 Fiscal Year 2000 (Public Law 106–65; 113 Stat.

3 943), 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 4623; and

9 (C) inserted after section 4622, as added

10 by paragraph (9).

11 (11) SUBTITLE HEADING ON WORKER SAFE12 TY.—Title XLVI 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

16 subtitle heading:

17 ‘‘Subtitle C—Worker Safety’’.

18 (12) WORKER PROTECTION AT NUCLEAR WEAP19 ONS FACILITIES.—Section 3131 of the National De20 fense Authorization Act for Fiscal Years 1992 and

21 1993 (Public Law 102–190; 105 Stat. 1571) is—

22 (A) transferred to title XLVI 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 4641;

2 (C) inserted after the heading for subtitle

3 C of such title, as added by paragraph (11);

4 and

5 (D) amended in subsection (e) by inserting

6 ‘‘of the National Defense Authorization Act for

7 Fiscal Years 1992 and 1993 (Public Law 102–

8 190)’’ after ‘‘section 3101(9)(A)’’.

9 (13) SAFETY OVERSIGHT AND ENFORCEMENT

10 AT DEFENSE NUCLEAR FACILITIES.—Section 3163

11 of the National Defense Authorization Act for Fiscal

12 Year 1995 (Public Law 103–337; 108 Stat. 3097)

13 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 4642;

19 (C) inserted after section 4641, as added

20 by paragraph (12); and

21 (D) amended in subsection (b) by striking

22 ‘‘90 days after the date of the enactment of this

23 Act,’’ and inserting ‘‘January 5, 1995,’’.

24 (14) PROGRAM TO MONITOR WORKERS AT DE25 FENSE NUCLEAR FACILITIES EXPOSED TO HAZ-
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1 ARDOUS OR RADIOACTIVE SUBSTANCES.—Section

2 3162 of the National Defense Authorization Act for

3 Fiscal Year 1993 (Public Law 102–484; 106 Stat.

4 2646) is—

5 (A) transferred to title XLVI 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 4643;

10 (C) inserted after section 4642, as added

11 by paragraph (13); and

12 (D) amended—

13 (i) in subsection (b)(6), by striking ‘‘1

14 year after the date of the enactment of this

15 Act’’ and inserting ‘‘October 23, 1993’’;

16 (ii) in subsection (c), by striking ‘‘180

17 days after the date of the enactment of

18 this Act,’’ and inserting ‘‘April 23, 1993,’’;

19 and

20 (iii) by adding at the end the fol21 lowing new subsection:

22 ‘‘(d) DEFINITIONS.—In this section:

23 ‘‘(1) The term ‘Department of Energy defense

24 nuclear facility’ has the meaning given that term in

25 section 4604(g).
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1 ‘‘(2) The term ‘Department of Energy em2 ployee’ means any employee of the Department of

3 Energy employed at a Department of Energy de4 fense nuclear facility, including any employee of a

5 contractor of subcontractor of the Department of

6 Energy employed at such a facility.’’.

7 (j) BUDGET AND FINANCIAL MANAGEMENT MAT8 TERS.—

9 (1) HEADINGS.—Division D of the Bob Stump

10 National Defense Authorization Act for Fiscal Year

11 2003, as amended by this section, is further amend12 ed by adding at the end the following new headings:

13 ‘‘TITLE XLVII—BUDGET AND FI14 NANCIAL MANAGEMENT MAT15 TERS

16 ‘‘Subtitle A—Recurring National

17 Security Authorization Provisions’’.

18 (2) RECURRING NATIONAL SECURITY AUTHOR19 IZATION PROVISIONS.—Sections 3620 through 3631

20 of the Bob Stump National Defense Authorization

21 Act for Fiscal Year 2003 (Public Law 107–314; 116

22 Stat. 2756) are—

23 (A) transferred to title XLVII of division

24 D of such Act, as added by paragraph (1);
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1 (B) redesignated as sections 4701 through

2 4712, respectively;

3 (C) inserted after the heading for subtitle

4 A of such title, as so added; and

5 (D) amended—

6 (i) in section 4702, as so redesig7 nated, by striking ‘‘sections 3629 and

8 3630’’ and inserting ‘‘sections 4710 and

9 4711’’;

10 (ii) in section 4706(a)(3)(B), as so re11 designated, by striking ‘‘section 3626’’ and

12 inserting ‘‘section 4707’’;

13 (iii) in section 4707(c), as so redesig14 nated, by striking ‘‘section 3625(b)(2)’’

15 and inserting ‘‘section 4706(b)(2)’’;

16 (iv) in section 4710(c), as so redesig17 nated, by striking ‘‘section 3621’’ and in18 serting ‘‘section 4702’’;

19 (v) in section 4711(c), as so redesig20 nated, by striking ‘‘section 3621’’ and in21 serting ‘‘section 4702’’; and

22 (vi) in section 4712, as so redesig23 nated, by striking ‘‘section 3621’’ and in24 serting ‘‘section 4702’’.
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1 (3) SUBTITLE HEADING ON PENALTIES.—Title

2 XLVII of division D of the Bob Stump National De3 fense Authorization Act for Fiscal Year 2003, as

4 amended by this subsection, is further amended by

5 adding at the end the following new subtitle heading:

6 ‘‘Subtitle B—Penalties’’.

7 (4) RESTRICTION ON USE OF FUNDS TO PAY

8 PENALTIES UNDER ENVIRONMENTAL LAWS.—Sec9 tion 3132 of the National Defense Authorization Act

10 for Fiscal Year 1987 (Public Law 99–661; 100 Stat.

11 4063) is—

12 (A) transferred to title XLVII of division

13 D of the Bob Stump National Defense Author14 ization Act for Fiscal Year 2003, as amended

15 by this subsection;

16 (B) redesignated as section 4721;

17 (C) inserted after the heading for subtitle

18 B of such title, as added by paragraph (3); and

19 (D) amended in the section heading by

20 adding a period at the end.

21 (5) RESTRICTION ON USE OF FUNDS TO PAY

22 PENALTIES UNDER CLEAN AIR ACT.—Section 211 of

23 the Department of Energy National Security and

24 Military Applications of Nuclear Energy Authoriza-
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1 tion Act of 1981 (Public Law 96–540; 94 Stat.

2 3203) is—

3 (A) transferred to title XLVII of division

4 D of the Bob Stump National Defense Author5 ization Act for Fiscal Year 2003, as amended

6 by this subsection;

7 (B) inserted after section 4721, as added

8 by paragraph (4); and

9 (C) amended—

10 (i) by striking the section heading and

11 inserting the following new section head12 ing:

13 ‘‘SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PEN14 ALTIES UNDER CLEAN AIR ACT.’’;

15 (ii) by striking ‘‘SEC. 211.’’; and

16 (iii) by striking ‘‘this or any other

17 Act’’ and inserting ‘‘the Department of

18 Energy National Security and Military Ap19 plications of Nuclear Energy Authorization

20 Act of 1981 (Public Law 96–540) or any

21 other Act’’.

22 (6) SUBTITLE HEADING ON OTHER MATTERS.—

23 Title XLVII of division D of the Bob Stump Na24 tional Defense Authorization Act for Fiscal Year

25 2003, as amended by this subsection, is further
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1 amended by adding at the end the following new

2 subtitle heading:

3 ‘‘Subtitle C—Other Matters’’.

4 (7) SINGLE REQUEST FOR AUTHORIZATION OF

5 APPROPRIATIONS FOR COMMON DEFENSE AND SECU6 RITY PROGRAMS.—Section 208 of the Department of

7 Energy National Security and Military Applications

8 of Nuclear Energy Authorization Act of 1979 (Pub9 lic Law 95–509; 92 Stat. 1779) is—

10 (A) transferred to title XLVII of division

11 D of the Bob Stump National Defense Author12 ization Act for Fiscal Year 2003, as amended

13 by this subsection;

14 (B) inserted after the heading for subtitle

15 C of such title, as added by paragraph (6); and

16 (C) amended—

17 (i) by striking the section heading and

18 inserting the following new section head19 ing:

20 ‘‘SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF AP21 PROPRIATIONS FOR COMMON DEFENSE AND

22 SECURITY PROGRAMS.’’;

23 and

24 (ii) by striking ‘‘SEC. 208.’’.

25 (k) ADMINISTRATIVE 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 amend4 ed by adding at the end the following new headings:

5 ‘‘TITLE XLVIII—ADMINISTRATIVE

6 MATTERS

7 ‘‘Subtitle A—Contracts’’.

8 (2) COSTS NOT ALLOWED UNDER CERTAIN

9 CONTRACTS.—Section 1534 of the Department of

10 Defense Authorization Act, 1986 (Public Law 99–

11 145; 99 Stat. 774), as amended by section 3131 of

12 the National Defense Authorization Act for Fiscal

13 Years 1988 and 1989 (Public Law 100–180; 101

14 Stat. 1238), is—

15 (A) transferred to title XLVIII of division

16 D of the Bob Stump National Defense Author17 ization Act for Fiscal Year 2003, as added by

18 paragraph (1);

19 (B) redesignated as section 4801;

20 (C) inserted after the heading for subtitle

21 A of such title, as so added; and

22 (D) amended—

23 (i) in the section heading, by adding a

24 period at the end; and
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1 (ii) in subsection (b)(1), by striking

2 ‘‘the date of the enactment of this Act,’’

3 and inserting ‘‘November 8, 1985,’’.

4 (3) PROHIBITION ON BONUSES TO CONTRAC5 TORS OPERATING DEFENSE NUCLEAR FACILITIES.—

6 Section 3151 of the National Defense Authorization

7 Act for Fiscal Years 1990 and 1991 (Public Law

8 101–189; 103 Stat. 1682) is—

9 (A) transferred to title XLVIII of division

10 D of the Bob Stump National Defense Author11 ization Act for Fiscal Year 2003, as amended

12 by this subsection;

13 (B) redesignated as section 4802;

14 (C) inserted after section 4801, as added

15 by paragraph (2); and

16 (D) amended—

17 (i) in the section heading, by adding a

18 period at the end;

19 (ii) in subsection (a), by striking ‘‘the

20 date of the enactment of this Act’’ and in21 serting ‘‘November 29, 1989’’;

22 (iii) in subsection (b), by striking ‘‘6

23 months after the date of the enactment of

24 this Act,’’ and inserting ‘‘May 29, 1990,’’;

25 and
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1 (iv) in subsection (d), by striking ‘‘90

2 days after the date of the enactment of

3 this Act’’ and inserting ‘‘March 1, 1990’’.

4 (4) CONTRACTOR LIABILITY FOR INJURY OR

5 LOSS OF PROPERTY ARISING FROM ATOMIC WEAP6 ONS TESTING PROGRAMS.—Section 3141 of the Na7 tional Defense Authorization Act for Fiscal Year

8 1991 (Public Law 101–510; 104 Stat. 1837) is—

9 (A) transferred to title XLVIII of division

10 D of the Bob Stump National Defense Author11 ization Act for Fiscal Year 2003, as amended

12 by this subsection;

13 (B) redesignated as section 4803;

14 (C) inserted after section 4802, as added

15 by paragraph (3); and

16 (D) amended—

17 (i) in the section heading, by adding a

18 period at the end; and

19 (ii) in subsection (d), by striking ‘‘the

20 date of the enactment of this Act’’ each

21 place it appears and inserting ‘‘November

22 5, 1990,’’.

23 (5) SUBTITLE HEADING ON RESEARCH AND DE24 VELOPMENT.—Title XLVIII of division D of the

25 Bob Stump National Defense Authorization Act for
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1 Fiscal Year 2003, as amended by this subsection, is

2 further amended by adding at the end the following

3 new subtitle heading:

4 ‘‘Subtitle B—Research and

5 Development’’.

6 (6) LABORATORY-DIRECTED RESEARCH AND

7 DEVELOPMENT.—Section 3132 of the National De8 fense Authorization Act for Fiscal Year 1991 (Pub9 lic Law 101–510; 104 Stat. 1832) is—

10 (A) transferred to title XLVIII of division

11 D of the Bob Stump National Defense Author12 ization Act for Fiscal Year 2003, as amended

13 by this subsection;

14 (B) redesignated as section 4811;

15 (C) inserted after the heading for subtitle

16 B of such title, as added by paragraph (5); and

17 (D) amended in the section heading by

18 adding a period at the end.

19 (7) LIMITATIONS ON USE OF FUNDS FOR LAB20 ORATORY DIRECTED RESEARCH AND DEVELOP21 MENT.—

22 (A) LIMITATIONS ON USE OF FUNDS FOR

23 LABORATORY DIRECTED RESEARCH AND DE24 VELOPMENT.—Section 3137 of the National
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1 Defense Authorization Act for Fiscal Year 1998

2 (Public Law 105–85; 111 Stat. 2038) is—

3 (i) transferred to title XLVIII of divi4 sion D of the Bob Stump National Defense

5 Authorization Act for Fiscal Year 2003, as

6 amended by this subsection;

7 (ii) redesignated as section 4812;

8 (iii) inserted after section 4811, as

9 added by paragraph (6); and

10 (iv) amended—

11 (I) in subsection (b), by striking

12 ‘‘section 3136(b) of the National De13 fense Authorization Act for Fiscal

14 Year 1997 (Public Law 104–201; 110

15 Stat. 2831; 42 U.S.C. 7257b)’’ and

16 inserting ‘‘section 4812A(b)’’;

17 (II) in subsection (d)—

18 (aa) by striking ‘‘section

19 3136(b)(1)’’ and inserting ‘‘sec20 tion 4812A(b)(1)’’; and

21 (bb) by striking ‘‘section

22 3132(c) of the National Defense

23 Authorization Act for Fiscal Year

24 1991 (42 U.S.C. 7257a(c))’’ and

25 inserting ‘‘section 4811(c)’’; and
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1 (III) in subsection (e), by strik2 ing ‘‘section 3132(d) of the National

3 Defense Authorization Act for Fiscal

4 Year 1991 (42 U.S.C. 7257a(d))’’ and

5 inserting ‘‘section 4811(d)’’.

6 (B) LIMITATION ON USE OF FUNDS FOR

7 CERTAIN RESEARCH AND DEVELOPMENT PUR8 POSES.—Section 3136 of the National Defense

9 Authorization Act for Fiscal Year 1997 (Public

10 Law 104–201; 110 Stat. 2830), as amended by

11 section 3137 of the National Defense Author12 ization Act for Fiscal Year 1998 (Public Law

13 105–85; 111 Stat. 2038), is—

14 (i) transferred to title XLVIII of divi15 sion D of the Bob Stump National Defense

16 Authorization Act for Fiscal Year 2003, as

17 amended by this subsection;

18 (ii) redesignated as section 4812A;

19 (iii) inserted after section 4812, as

20 added by paragraph (7); and

21 (iv) amended in subsection (a) by in22 serting ‘‘of the National Defense Author23 ization Act for Fiscal Year 1997 (Public

24 Law 104–201)’’ after ‘‘section 3101’’.
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1 (8) CRITICAL TECHNOLOGY PARTNERSHIPS.—

2 Section 3136 of the National Defense Authorization

3 Act for Fiscal Years 1992 and 1993 (Public Law

4 102–190; 105 Stat. 1577), as amended by section

5 203(b)(3) of Public Law 103–35 (107 Stat. 102),

6 is—

7 (A) transferred to title XLVIII of division

8 D of the Bob Stump National Defense Author9 ization Act for Fiscal Year 2003, as amended

10 by this subsection;

11 (B) redesignated as section 4813; and

12 (C) inserted after section 4812A, as added

13 by paragraph (7)(B).

14 (9) UNIVERSITY-BASED RESEARCH COLLABORA15 TION PROGRAM.—Section 3155 of the National De16 fense Authorization Act for Fiscal Year 1998 (Pub17 lic Law 105–85; 111 Stat. 2044) is—

18 (A) transferred to title XLVIII of division

19 D of the Bob Stump National Defense Author20 ization Act for Fiscal Year 2003, as amended

21 by this subsection;

22 (B) redesignated as section 4814;

23 (C) inserted after section 4813, as added

24 by paragraph (8); and
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1 (D) amended in subsection (c) by striking

2 ‘‘this title’’ and inserting ‘‘title XXXI of the

3 National Defense Authorization Act for Fiscal

4 Year 1998 (Public Law 105–85)’’.

5 (10) SUBTITLE HEADING ON FACILITIES MAN6 AGEMENT.—Title XLVIII of division D of the Bob

7 Stump National Defense Authorization Act for Fis8 cal Year 2003, as amended by this subsection, is

9 further amended by adding at the end the following

10 new subtitle heading:

11 ‘‘Subtitle C—Facilities

12 Management’’.

13 (11) TRANSFERS OF REAL PROPERTY AT CER14 TAIN FACILITIES.—Section 3158 of the National De15 fense Authorization Act for Fiscal Year 1998 (Pub16 lic Law 105–85; 111 Stat. 2046) is—

17 (A) transferred to title XLVIII of division

18 D of the Bob Stump National Defense Author19 ization Act for Fiscal Year 2003, as amended

20 by this subsection;

21 (B) redesignated as section 4831; and

22 (C) inserted after the heading for subtitle

23 C of such title, as added by paragraph (10).

24 (12) ENGINEERING AND MANUFACTURING RE25 SEARCH, DEVELOPMENT, AND DEMONSTRATION AT
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1 CERTAIN NUCLEAR WEAPONS PRODUCTION

2 PLANTS.—Section 3156 of the Floyd D. Spence Na3 tional Defense Authorization Act for Fiscal Year

4 2001 (as enacted into law by Public Law 106–398;

5 114 Stat. 1654A–467) is—

6 (A) transferred to title XLVIII of division

7 D of the Bob Stump National Defense Author8 ization Act for Fiscal Year 2003, as amended

9 by this subsection;

10 (B) redesignated as section 4832; and

11 (C) inserted after section 4831, as added

12 by paragraph (11).

13 (13) PILOT PROGRAM ON USE OF PROCEEDS OF

14 DISPOSAL OR UTILIZATION OF CERTAIN ASSETS.—

15 Section 3138 of the National Defense Authorization

16 Act for Fiscal Year 1998 (Public Law 105–85; 111

17 Stat. 2039) is—

18 (A) transferred to title XLVIII of division

19 D of the Bob Stump National Defense Author20 ization Act for Fiscal Year 2003, as amended

21 by this subsection;

22 (B) redesignated as section 4833;

23 (C) inserted after section 4832, as added

24 by paragraph (12); and
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1 (D) amended in subsection (d) by striking

2 ‘‘sections 202 and 203(j) of the Federal Prop3 erty and Administrative Services Act of 1949

4 (40 U.S.C. 483 and 484(j))’’ and inserting

5 ‘‘subchapter II of chapter 5 and section 549 of

6 title 40, United States Code,’’.

7 (14) SUBTITLE HEADING ON OTHER MAT8 TERS.—Title XLVIII of division D of the Bob

9 Stump National Defense Authorization Act for Fis10 cal Year 2003, as amended by this subsection, is

11 further amended by adding at the end the following

12 new subtitle heading:

13 ‘‘Subtitle D—Other Matters’’.

14 (15) SEMIANNUAL REPORTS ON LOCAL IMPACT

15 ASSISTANCE.—Subsection (f) of section 3153 of the

16 National Defense Authorization Act for Fiscal Year

17 1998 (Public Law 105–85; 111 Stat. 2044) is—

18 (A) transferred to title XLVIII of division

19 D of the Bob Stump National Defense Author20 ization Act for Fiscal Year 2003, as amended

21 by this subsection;

22 (B) inserted after the heading for subtitle

23 D of such title, as added by paragraph (14);

24 and

25 (C) amended—
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1 (i) by inserting before the text the fol2 lowing new section heading:

3 ‘‘SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT AS4 SISTANCE.’’;

5 (ii) by striking ‘‘(f) SEMIANNUAL RE6 PORTS TO CONGRESS OF LOCAL IMPACT

7 ASSISTANCE.—’’; and

8 (iii) by striking ‘‘section 3161(c)(6) of

9 the National Defense Authorization Act of

10 1993 (42 U.S.C. 7274h(c)(6))’’ and insert11 ing ‘‘section 4604(c)(6)’’.

12 (l) MATTERS RELATING TO PARTICULAR FACILI13 TIES.—

14 (1) HEADINGS.—Division D of the Bob Stump

15 National Defense Authorization Act for Fiscal Year

16 2003, as amended by this section, is further amend17 ed by adding at the end the following new headings:

18 ‘‘TITLE XLIX—MATTERS RELAT19 ING TO PARTICULAR FACILI20 TIES

21 ‘‘Subtitle A—Hanford Reservation,

22 Washington’’.

23 (2) SAFETY MEASURES FOR WASTE TANKS.—

24 Section 3137 of the National Defense Authorization
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1 Act for Fiscal Year 1991 (Public Law 101–510; 104

2 Stat. 1833) 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 added by

6 paragraph (1);

7 (B) redesignated as section 4901;

8 (C) inserted after the heading for subtitle

9 A of such title, as so added; and

10 (D) amended—

11 (i) in the section heading, by adding a

12 period at the end;

13 (ii) in subsection (a), by striking

14 ‘‘Within 90 days after the date of the en15 actment of this Act,’’ and inserting ‘‘Not

16 later than February 3, 1991,’’;

17 (iii) in subsection (b), by striking

18 ‘‘Within 120 days after the date of the en19 actment of this Act,’’ and inserting ‘‘Not

20 later than March 5, 1991,’’;

21 (iv) in subsection (c), by striking ‘‘Be22 ginning 120 days after the date of the en23 actment of this Act,’’ and inserting ‘‘Be24 ginning March 5, 1991,’’; and
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1 (v) in subsection (d), by striking

2 ‘‘Within six months after the date of the

3 enactment of this Act,’’ and inserting ‘‘Not

4 later than May 5, 1991,’’.

5 (3) PROGRAMS FOR PERSONS WHO MAY HAVE

6 BEEN EXPOSED TO RADIATION RELEASED FROM

7 HANFORD RESERVATION.—Section 3138 of the Na8 tional Defense Authorization Act for Fiscal Year

9 1991 (Public Law 101–510; 104 Stat. 1834), as

10 amended by section 3138 of the National Defense

11 Authorization Act for Fiscal Year 1995 (Public Law

12 103–337; 108 Stat. 3087), is—

13 (A) transferred to title XLIX 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 4902;

18 (C) inserted after section 4901, as added

19 by paragraph (2); and

20 (D) amended—

21 (i) in the section heading, by adding a

22 period at the end;

23 (ii) in subsection (a), by striking ‘‘this

24 title’’ and inserting ‘‘title XXXI of the Na-
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1 tional Defense Authorization Act for Fiscal

2 Year 1991 (Public Law 101–510)’’; and

3 (iii) in subsection (c)—

4 (I) in paragraph (2), by striking

5 ‘‘six months after the date of the en6 actment of this Act,’’ and inserting

7 ‘‘May 5, 1991,’’; and

8 (II) in paragraph (3), by striking

9 ‘‘18 months after the date of the en10 actment of this Act,’’ and inserting

11 ‘‘May 5, 1992,’’.

12 (4) WASTE TANK CLEANUP PROGRAM.—Section

13 3139 of the Strom Thurmond National Defense Au14 thorization Act for Fiscal Year 1999 (Public Law

15 105–261; 112 Stat. 2250), as amended by section

16 3141 of the Floyd D. Spence National Defense Au17 thorization Act for Fiscal Year 2001 (as enacted

18 into law by Public Law 106–398; 114 Stat. 1654A–

19 463) and section 3135 of the National Defense Au20 thorization Act for Fiscal Year 2002 (Public Law

21 107–107; 115 Stat. 1368), is—

22 (A) transferred to title XLIX 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 4903;

2 (C) inserted after section 4902, as added

3 by paragraph (3); and

4 (D) amended in subsection (d) by striking

5 ‘‘30 days after the date of the enactment of the

6 Floyd D. Spence National Defense Authoriza7 tion Act for Fiscal Year 2001,’’ and inserting

8 ‘‘November 29, 2000,’’.

9 (5) RIVER PROTECTION PROJECT.—Subsection

10 (a) of section 3141 of the Floyd D. Spence National

11 Defense Authorization Act for Fiscal Year 2001 (as

12 enacted into law by Public Law 106–398; 114 Stat.

13 1654A–462) 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) inserted after section 4903, as added

19 by paragraph (4); and

20 (C) amended—

21 (i) by inserting before the text the fol22 lowing new section heading:

23 ‘‘SEC. 4904. RIVER PROTECTION PROJECT.’’;

24 and
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1 (ii) by striking ‘‘(a) REDESIGNATION

2 OF PROJECT.—’’.

3 (6) FUNDING FOR TERMINATION COSTS OF

4 RIVER PROTECTION PROJECT.—Section 3131 of the

5 Floyd D. Spence National Defense Authorization

6 Act for Fiscal Year 2001 (as enacted into law by

7 Public Law 106–398; 114 Stat. 1654A–454) is—

8 (A) transferred to title XLIX of division D

9 of the Bob Stump National Defense Authoriza10 tion Act for Fiscal Year 2003, as amended by

11 this subsection;

12 (B) redesignated as section 4905;

13 (C) inserted after section 4904, as added

14 by paragraph (5); and

15 (D) amended—

16 (i) by striking ‘‘section 3141’’ and in17 serting ‘‘section 4904’’; and

18 (ii) by striking ‘‘the date of the enact19 ment of this Act’’ and inserting ‘‘October

20 30, 2000’’.

21 (7) SUBTITLE HEADING ON SAVANNAH RIVER

22 SITE, SOUTH CAROLINA.—Title XLIX of division D

23 of the Bob Stump National Defense Authorization

24 Act for Fiscal Year 2003, as amended by this sub-
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1 section, is further amended by adding at the end the

2 following new subtitle heading:

3 ‘‘Subtitle B—Savannah River Site,

4 South Carolina’’.

5 (8) ACCELERATED SCHEDULE FOR ISOLATING

6 HIGH-LEVEL NUCLEAR WASTE AT DEFENSE WASTE

7 PROCESSING FACILITY.—Section 3141 of the Na8 tional Defense Authorization Act for Fiscal Year

9 1997 (Public Law 104–201; 110 Stat. 2834) 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 amended by

13 this subsection;

14 (B) redesignated as 4911; and

15 (C) inserted after the heading for subtitle

16 B of such title, as added by paragraph (7).

17 (9) MULTI-YEAR PLAN FOR CLEAN-UP.—Sub18 section (e) of section 3142 of the National Defense

19 Authorization Act for Fiscal Year 1997 (Public Law

20 104–201; 110 Stat. 2834) is—

21 (A) transferred to title XLIX of division D

22 of the Bob Stump National Defense Authoriza23 tion Act for Fiscal Year 2003, as amended by

24 this subsection;
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1 (B) inserted after section 4911, as added

2 by paragraph (8); and

3 (C) amended—

4 (i) by inserting before the text the fol5 lowing new section heading:

6 ‘‘SEC. 4912. MULTI-YEAR PLAN FOR CLEAN-UP.’’;

7 and

8 (ii) by striking ‘‘(e) MULTI-YEAR

9 PLAN FOR CLEAN-UP AT SAVANNAH

10 RIVER SITE.—The Secretary’’ and insert11 ing ‘‘The Secretary of Energy’’.

12 (10) CONTINUATION OF PROCESSING, TREAT13 MENT, AND DISPOSAL OF LEGACY NUCLEAR MATE14 RIALS.—

15 (A) FISCAL YEAR 2001.—Subsection (a) of

16 section 3137 of the Floyd D. Spence National

17 Defense Authorization Act for Fiscal Year 2001

18 (as enacted into law by Public Law 106–398;

19 114 Stat 1654A–460) is—

20 (i) transferred to title XLIX of divi21 sion D of the Bob Stump National Defense

22 Authorization Act for Fiscal Year 2003, as

23 amended by this subsection;

24 (ii) inserted after section 4912, as

25 added by paragraph (9); and
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1 (iii) amended—

2 (I) by inserting before the text

3 the following new section heading:

4 ‘‘SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT,

5 AND DISPOSAL OF LEGACY NUCLEAR MATE6 RIALS.’’;

7 and

8 (II) by striking ‘‘(a) CONTINU9 ATION.—’’.

10 (B) FISCAL YEAR 2000.—Section 3132 of

11 the National Defense Authorization Act for Fis12 cal Year 2000 (Public Law 106–65; 113 Stat.

13 924) is—

14 (i) transferred to title XLIX of divi15 sion D of the Bob Stump National Defense

16 Authorization Act for Fiscal Year 2003, as

17 amended by this subsection;

18 (ii) redesignated as section 4913A;

19 and

20 (iii) inserted after section 4913, as

21 added by subparagraph (A).

22 (C) FISCAL YEAR 1999.—Section 3135 of

23 the Strom Thurmond National Defense Author24 ization Act for Fiscal Year 1999 (Public Law

25 105–261; 112 Stat. 2248) is—
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1 (i) transferred to title XLIX of divi2 sion D of the Bob Stump National Defense

3 Authorization Act for Fiscal Year 2003, as

4 amended by this subsection;

5 (ii) redesignated as section 4913B;

6 and

7 (iii) inserted after section 4913A, as

8 added by subparagraph (B).

9 (D) FISCAL YEAR 1998.—Subsection (b)

10 of section 3136 of the National Defense Au11 thorization Act for Fiscal Year 1998 (Public

12 Law 105–85; 111 Stat. 2038) is—

13 (i) transferred to title XLIX of divi14 sion D of the Bob Stump National Defense

15 Authorization Act for Fiscal Year 2003, as

16 amended by this subsection;

17 (ii) inserted after section 4913B, as

18 added by subparagraph (C); and

19 (iii) amended—

20 (I) by inserting before the text

21 the following new section heading:

22 ‘‘SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT,

23 AND DISPOSAL OF LEGACY NUCLEAR MATE24 RIALS.’’;

25 and
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1 (II) by striking ‘‘(b) REQUIRE2 MENT FOR CONTINUING OPERATIONS

3 AT SAVANNAH RIVER SITE.—’’.

4 (E) FISCAL YEAR 1997.—Subsection (f) of

5 section 3142 of the National Defense Author6 ization Act for Fiscal Year 1997 (Public Law

7 104–201; 110 Stat. 2836) is—

8 (i) transferred to title XLIX of divi9 sion D of the Bob Stump National Defense

10 Authorization Act for Fiscal Year 2003, as

11 amended by this subsection;

12 (ii) inserted after section 4913C, as

13 added by subparagraph (D); and

14 (iii) amended—

15 (I) by inserting before the text

16 the following new section heading:

17 ‘‘SEC. 4913D. CONTINUATION OF PROCESSING, TREATMENT,

18 AND DISPOSAL OF LEGACY NUCLEAR MATE19 RIALS.’’;

20 (II) by striking ‘‘(f) REQUIRE21 MENT FOR CONTINUING OPERATIONS

22 AT SAVANNAH RIVER SITE.—The

23 Secretary’’ and inserting ‘‘The Sec24 retary of Energy’’; and
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1 (III) by striking ‘‘subsection (e)’’

2 and inserting ‘‘section 4912’’.

3 (11) LIMITATION ON USE OF FUNDS FOR DE4 COMMISSIONING F–CANYON FACILITY.—Subsection

5 (b) of section 3137 of the Floyd D. Spence National

6 Defense Authorization Act for Fiscal Year 2001 (as

7 enacted into law by Public Law 106–398; 114 Stat.

8 1654A–460) is—

9 (A) transferred to title XLIX of division D

10 of the Bob Stump National Defense Authoriza11 tion Act for Fiscal Year 2003, as amended by

12 this subsection;

13 (B) inserted after section 4913D, as added

14 by paragraph (10)(E); and

15 (C) amended—

16 (i) by inserting before the text the fol17 lowing new section heading:

18 ‘‘SEC. 4914. LIMITATION ON USE OF FUNDS FOR DECOMMIS19 SIONING F–CANYON FACILITY.’’;

20 (ii) by striking ‘‘(b) LIMITATION ON

21 USE OF FUNDS FOR DECOMMISSIONING

22 F–CANYON FACILITY.—’’;

23 (iii) by striking ‘‘this or any other

24 Act’’ and inserting ‘‘the Floyd D. Spence

25 National Defense Authorization Act for
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1 Fiscal Year 2001 (as enacted into law by

2 Public Law 106–398) or any other Act’’;

3 and

4 (iv) by striking ‘‘the Secretary’’ in the

5 matter preceding paragraph (1) and insert6 ing ‘‘the Secretary of Energy’’.

7 (12) DISPOSITION OF PLUTONIUM.—

8 (A) DISPOSITION OF WEAPONS USABLE

9 PLUTONIUM.—Section 3182 of the Bob Stump

10 National Defense Authorization Act for Fiscal

11 Year 2003 (Public Law 107–314; 116 Stat.

12 2747) is—

13 (i) transferred to title XLIX of divi14 sion D of such Act, as amended by this

15 subsection;

16 (ii) redesignated as section 4915; and

17 (iii) inserted after section 4914, as

18 added by paragraph (11).

19 (B) DISPOSITION OF SURPLUS DEFENSE

20 PLUTONIUM.—Section 3155 of the National De21 fense Authorization Act for Fiscal Year 2002

22 (Public Law 107–107; 115 Stat. 1378) is—

23 (i) transferred to title XLIX of divi24 sion D of the Bob Stump National Defense
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1 Authorization Act for Fiscal Year 2003, as

2 amended by this subsection;

3 (ii) redesignated as section 4915A;

4 and

5 (iii) inserted after section 4915, as

6 added by subparagraph (A).

7 (13) SUBTITLE HEADING ON OTHER FACILI8 TIES.—Title XLIX of division D of the Bob Stump

9 National Defense Authorization Act for Fiscal Year

10 2003, as amended by this subsection, is further

11 amended by adding at the end the following new

12 subtitle heading:

13 ‘‘Subtitle C—Other Facilities’’.

14 (14) PAYMENT OF COSTS OF OPERATION AND

15 MAINTENANCE OF INFRASTRUCTURE AT NEVADA

16 TEST SITE.—Section 3144 of the National Defense

17 Authorization Act for Fiscal Year 1997 (Public Law

18 104–201; 110 Stat. 2838) is—

19 (A) transferred to title XLIX of division D

20 of such Act, as amended by this subsection;

21 (B) redesignated as section 4921; and

22 (C) inserted after the heading for subtitle

23 C of such title, as added by paragraph (13).

24 (m) CONFORMING AMENDMENTS.—(1) Title XXXVI

25 of the Bob Stump National Defense Authorization Act for
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1 Fiscal Year 2003 (Public Law 107–314; 116 Stat. 1756)

2 is 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 Na8 tional Defense Authorization Act for Fiscal Year 1997 (42

9 U.S.C. 7274n)’’ and inserting ‘‘section 4421 of the Atomic

10 Energy 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

16 year 2004, $19,559,000 for the operation of the Defense

17 Nuclear Facilities Safety Board under chapter 21 of the

18 Atomic Energy 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

25 may obligate up to $69,701,000 of the funds in the Na-
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1 tional Defense Stockpile Transaction Fund established

2 under subsection (a) of section 9 of the Strategic and Crit3 ical Materials Stock Piling Act (50 U.S.C. 98h) for the

4 authorized uses of such funds under subsection (b)(2) of

5 such section, including the disposal of hazardous materials

6 that are environmentally sensitive.

7 (b) ADDITIONAL OBLIGATIONS.—The National De8 fense Stockpile Manager may obligate amounts in excess

9 of the amount specified in subsection (a) if the National

10 Defense Stockpile Manager notifies Congress that extraor11 dinary or emergency conditions necessitate the additional

12 obligations. The National Defense Stockpile Manager may

13 make the additional obligations described in the notifica14 tion after the end of the 45-day period beginning on the

15 date on which 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

22 Defense Authorization Act for Fiscal Year 2000 (Public

23 Law 106–65; 113 Stat. 972; 50 U.S.C. 98d note) is

24 amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (2); and

3 (2) by striking paragraph (3) and inserting the

4 following new paragraphs:

5 ‘‘(3) $310,000,000 before the end of fiscal year

6 2008; and

7 ‘‘(4) $320,000,000 before the end of fiscal year

8 2009.’’.

9 (b) EFFECTIVE DATE.—The amendments made by

10 subsection (a) shall take effect on October 1, 2003, or the

11 date of the enactment of this Act, whichever is later.

12 TITLE XXXIV—NAVAL

13 PETROLEUM RESERVES

14 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

15 (a) AMOUNT.—There are hereby authorized to be ap16 propriated to the Secretary of Energy $16,500,000 for fis17 cal year 2004 for the purpose of carrying out activities

18 under chapter 641 of title 10, United States Code, relating

19 to the naval petroleum reserves.

20 (b) PERIOD OF AVAILABILITY.—Funds appropriated

21 pursuant to the authorization of appropriations in sub22 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’’

10 means cargo that is loaded and carried in bulk with11 out mark or count.

12 (2) CONTRACTOR.—The term ‘‘contractor’’

13 means an owner or operator of a vessel that enters

14 into an operating agreement for the vessel with the

15 Secretary under section 3512.

16 (3) FLEET.—The term ‘‘Fleet’’ means the Mar17 itime Security Fleet established under section

18 3511(a).

19 (4) FOREIGN COMMERCE.—The term ‘‘foreign

20 commerce’’—

21 (A) subject to subparagraph (B), means

22 commerce or trade between the United States,

23 its territories or possessions, or the District of

24 Columbia, and a foreign country; and
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1 (B) includes, in the case of liquid and dry

2 bulk cargo carrying services, trading between

3 foreign ports in accordance with normal com4 mercial bulk shipping practices in such manner

5 as will permit United States-documented vessels

6 freely to compete with foreign-flag bulk car7 rying vessels in their operation or in competing

8 for charters, subject to rules and regulations

9 promulgated by the Secretary of Transportation

10 pursuant to subtitle B or C.

11 (5) FORMER PARTICIPATING FLEET VESSEL.—

12 The term ‘‘former participating fleet vessel’’

13 means—

14 (A) any vessel that—

15 (i) on October 1, 2005—

16 (I) will meet the requirements of

17 paragraph (1), (2), (3), or (4) of sec18 tion 3511(c); and

19 (II) will be less than 25 years of

20 age, or less than 30 years of age in

21 the case of a LASH vessel; and

22 (ii) on December 31, 2003, is covered

23 by an operating agreement under subtitle

24 B of title VI of the Merchant Marine Act,

25 1936 (46 App. U.S.C. 1187 et seq.); and
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1 (B) any vessel that—

2 (i) is a replacement for a vessel de3 scribed in subparagraph (A);

4 (ii) is controlled by the person that

5 controls such replaced vessel;

6 (iii) is eligible to be included in the

7 Fleet under section 3511(b);

8 (iv) is approved by the Secretary and

9 the Secretary of Defense; and

10 (v) begins operation under an oper11 ating agreement under subtitle B by not

12 later than the end of the 30-month period

13 beginning on the date the operating agree14 ment is entered into by the Secretary.

15 (6) LASH VESSEL.—The term ‘‘LASH vessel’’

16 means a lighter aboard ship vessel.

17 (7) PERSON.—The term ‘‘person’’ includes cor18 porations, partnerships, and associations existing

19 under or authorized by the laws of the United

20 States, or any State, Territory, District, or posses21 sion thereof, or of any foreign country.

22 (8) PRODUCT TANK VESSEL.—The term ‘‘prod23 uct tank vessel’’ means a double hulled tank vessel

24 capable of carrying simultaneously more than 2 sep25 arated grades of refined petroleum products.
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1 (9) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Transportation.

3 (10) UNITED STATES.—The term ‘‘United

4 States’’ includes the District of Columbia, the Com5 monwealth of Puerto Rico, the Northern Mariana Is6 lands, Guam, American Samoa, the Virgin Islands.

7 (11) UNITED STATES-DOCUMENTED VESSEL.—

8 The term ‘‘United States-documented vessel’’ means

9 a vessel documented under chapter 121 of title 46,

10 United States Code.

11 Subtitle B—Maritime Security

12 Fleet

13 SEC. 3511. ESTABLISHMENT OF MARITIME SECURITY

14 FLEET.

15 (a) IN GENERAL.—The Secretary of Transportation

16 shall establish a fleet of active, militarily useful, privately

17 owned vessels to meet national defense and other security

18 requirements and maintain a United States presence in

19 international commercial shipping. The Fleet shall consist

20 of privately owned, United States-documented vessels for

21 which there are in effect operating agreements under this

22 subtitle, and shall be known as the Maritime Security

23 Fleet.

24 (b) VESSEL ELIGIBILITY.—A vessel is eligible to be

25 included in the Fleet if—
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1 (1) the vessel meets the requirements of para2 graph (1), (2), (3), or (4) of subsection (c);

3 (2) the vessel is operated (or in the case of a

4 vessel to be constructed, will be operated) in pro5 viding transportation in foreign commerce;

6 (3) the vessel is self-propelled and is—

7 (A) a roll-on/roll-off vessel with a carrying

8 capacity of at least 80,000 square feet or 500

9 twenty-foot equivalent units and that is 15

10 years of age or less on the date the vessel is in11 cluded in the Fleet;

12 (B) a tank vessel that is constructed in the

13 United States after the date of the enactment

14 of this subtitle;

15 (C) a tank vessel that is 10 years of age

16 or less on the date the vessel is included in the

17 Fleet;

18 (D) a LASH vessel that is 25 years of age

19 or less on the date the vessel is included in the

20 Fleet; or

21 (E) any other type of vessel that is 15

22 years of age or less on the date the vessel is in23 cluded in the Fleet;

24 except that the Secretary of Transportation shall

25 waive the application of an age restriction under this
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1 paragraph if the waiver is requested by the Sec2 retary of Defense;

3 (4) the vessel is determined by the Secretary of

4 Defense to be suitable for use by the United States

5 for national defense or military purposes in time of

6 war or national emergency; and

7 (5) the vessel—

8 (A) is a United States-documented vessel;

9 or

10 (B) is not a United States-documented ves11 sel, but—

12 (i) the owner of the vessel has dem13 onstrated an intent to have the vessel doc14 umented under chapter 121 of title 46,

15 United States Code, if it is included in the

16 Fleet; and

17 (ii) at the time an operating agree18 ment for the vessel is entered into under

19 this subtitle, the vessel is eligible for docu20 mentation under chapter 121 of title 46,

21 United States Code.

22 (c) REQUIREMENTS REGARDING CITIZENSHIP OF

23 OWNERS AND CHARTERERS.—

24 (1) VESSEL OWNED AND OPERATED BY SEC25 TION 2 CITIZENS.—A vessel meets the requirements
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1 of this paragraph if, during the period of an oper2 ating agreement under this subtitle that applies to

3 the vessel, the vessel will be owned and operated by

4 persons one or more persons that are citizens of the

5 United States under section 2 of the Shipping Act,

6 1916 (46 App. U.S.C. 802).

7 (2) VESSEL OWNED BY SECTION 2 CITIZEN AND

8 CHARTERED TO DOCUMENTATION CITIZEN.—A ves9 sel meets the requirements of this paragraph if—

10 (A) during the period of an operating

11 agreement under this subtitle that applies to

12 the vessel, the vessel will be—

13 (i) owned by a person that is a citizen

14 of the United States under section 2 of the

15 Shipping Act, 1916 (46 App. U.S.C. 802);

16 and

17 (ii) demise chartered to a person—

18 (I) that is eligible to document

19 the vessel under chapter 121 of title

20 46, United States Code;

21 (II) the chairman of the board of

22 directors, chief executive officer, and a

23 majority of the members of the board

24 of directors of which are citizens of

25 the United States under section 2 of
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1 the Shipping Act, 1916 (46 App.

2 U.S.C. 802), and are appointed and

3 subjected to removal only upon ap4 proval by the Secretary; and

5 (III) that certifies that there are

6 no treaties, statutes, regulations, or

7 other laws that would prohibit the

8 contractor for the vessel from per9 forming its obligations under an oper10 ating agreement under this subtitle;

11 and

12 (B) in the case of a vessel that will be

13 chartered to a person that is owned or con14 trolled by another person that is not a citizen

15 of the United States under section 2 of the

16 Shipping Act, 1916 (46 App. U.S.C. 802), the

17 other person enters into an agreement with the

18 Secretary not to influence the operation of the

19 vessel in a manner that will adversely affect the

20 interests of the United States.

21 (3) VESSEL OWNED AND OPERATED BY DE22 FENSE CONTRACTOR.—A vessel meets the require23 ments of this paragraph if, during the period of an

24 operating agreement under this subtitle that applies
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1 to the vessel, the vessel will be owned and operated

2 by one or more persons that—

3 (A) are eligible to document a vessel under

4 chapter 121 of title 46, United States Code;

5 (B) operates or manages other United

6 States-documented vessels for the Secretary of

7 Defense, or charters other vessels to the Sec8 retary of Defense;

9 (C) has entered into a Special Security

10 Agreement for purposes of this paragraph with

11 the Secretary of Defense;

12 (D) makes the certification described in

13 paragraph (2)(A)(ii)(III); and

14 (E) in the case of a vessel described in

15 paragraph (2)(B), enters into an agreement re16 ferred to in that paragraph.

17 (4) VESSEL OWNED BY DOCUMENTATION CIT18 IZEN AND CHARTERED TO SECTION 2 CITIZEN.—A

19 vessel meets the requirements of this paragraph if,

20 during the period of an operating agreement under

21 this subtitle that applies to the vessel, the vessel will

22 be—

23 (A) owned by a person that is eligible to

24 document a vessel under chapter 121 of title

25 46, United States Code; and
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1 (B) demise chartered to a person that is a

2 citizen of the United States under section 2 of

3 the Shipping Act, 1916 (46 App. U.S.C. 802).

4 (d) REQUEST BY SECRETARY OF DEFENSE.—The

5 Secretary of Defense shall request the Secretary of Home6 land Security to issue any waiver under the first section

7 of Public Law 81–891 (64 Stat. 1120; 46 App. U.S.C.

8 note prec. 3) that is necessary for purposes of this subtitle.

9 SEC. 3512. AWARD OF OPERATING AGREEMENTS.

10 (a) IN GENERAL.—The Secretary shall require, as a

11 condition of including any vessel in the Fleet, that the per12 son that is the owner or charterer of the vessel for pur13 poses of section 3511(c) enter into an operating agreement

14 with the Secretary under this section.

15 (b) PROCEDURE FOR APPLICATIONS.—

16 (1) ACCEPTANCE OF APPLICATIONS.—Begin17 ning no later than 30 days after the effective date

18 of this subtitle, the Secretary shall accept applica19 tions for enrollment of vessels in the Fleet.

20 (2) ACTION ON APPLICATIONS.—Within 90

21 days after receipt of an application for enrollment of

22 a vessel in the Fleet, the Secretary shall enter into

23 an operating agreement with the applicant or pro24 vide in writing the reason for denial of that applica25 tion.
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1 (c) PRIORITY FOR AWARDING AGREEMENTS.—

2 (1) IN GENERAL.—Subject to the availability of

3 appropriations, the Secretary shall enter into oper4 ating agreements according to the following priority:

5 (A) NEW TANK VESSELS.—First, for any

6 tank vessel that—

7 (i) is constructed in the United States

8 after the effective date of this subtitle;

9 (ii) is eligible to be included in the

10 Fleet under section 3511(b); and

11 (iii) during the period of an operating

12 agreement under this subtitle that applies

13 to the vessel, will be owned and operated

14 by one or more persons that are citizens of

15 the United States under section 2 of the

16 Shipping Act, 1916 (46 App. U.S.C. 802),

17 except that the Secretary shall not enter into

18 operating agreements under this subparagraph

19 for more than 5 such vessels.

20 (B) FORMER PARTICIPATING VESSELS.—

21 Second, to the extent amounts are available

22 after applying subparagraphs (A), for any

23 former participating fleet vessel, except that the

24 Secretary shall not enter into operating agree-
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1 ments under this subparagraph for more than

2 47 vessels.

3 (C) CERTAIN VESSELS OPERATED BY SEC4 TION 2 CITIZENS.—Third, to the extent

5 amounts are available after applying subpara6 graphs (A) and (B), for any other vessel that

7 is eligible to be included in the Fleet under sec8 tion 3511(b), and that, during the period of an

9 operating agreement under this subtitle that

10 applies to the vessel, will be—

11 (i) owned and operated by one or

12 more persons that are citizens of the

13 United States under section 2 of the Ship14 ping Act, 1916 (46 App. U.S.C. 802); or

15 (ii) owned by a person that is eligible

16 to document the vessel under chapter 121

17 of title 46, United States Code, and oper18 ated by a person that is a citizen of the

19 United States under section 2 of the Ship20 ping Act, 1916 (46 App. U.S.C. 802).

21 (D) OTHER ELIGIBLE VESSELS.—Fourth,

22 to the extent amounts are available after apply23 ing subparagraphs (A), (B), and (C), for any

24 other vessel that is eligible to be included in the

25 Fleet under section 3511(b).
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1 (2) REDUCTION IN NUMBER OF SLOTS FOR

2 FORMER PARTICIPATING FLEET VESSELS.—The

3 number in paragraph (1)(B) shall be reduced by 1—

4 (A) for each former participating fleet ves5 sel for which an application for enrollment in

6 the Fleet is not received by the Secretary within

7 the 90-day period beginning on the effective

8 date of this subtitle; and

9 (B) for each former participating fleet ves10 sel for which an application for enrollment in

11 the Fleet received by the Secretary is not ap12 proved by the Secretary of Defense within the

13 90-day period beginning on the date of such re14 ceipt.

15 (3) DISCRETION WITHIN PRIORITY.—The

16 Secretary—

17 (A) subject to subparagraph (B), may

18 award operating agreements within each pri19 ority under paragraph (1) as the Secretary con20 siders appropriate; and

21 (B) shall award operating agreement with22 in a priority—

23 (i) in accordance with operational re24 quirements specified by the Secretary of

25 Defense; and
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1 (ii) subject to the approval of the Sec2 retary of Defense.

3 (4) TREATMENT OF TANK VESSEL TO BE RE4 PLACED.—(A) For purposes of the application of

5 paragraph (1)(A) with respect to the award of an

6 operating agreement, the Secretary may treat an ex7 isting tank vessel that is eligible to be included in

8 the Fleet under section 3511(b) as a vessel that is

9 constructed in the United States after the effective

10 date of this subtitle, if—

11 (i) a binding contract for construction in

12 the United States of a replacement vessel to be

13 operated under the operating agreement is exe14 cuted by not later than 9 months after the first

15 date amounts are available to carry out this

16 subtitle; and

17 (ii) the replacement vessel is eligible to be

18 included in the Fleet under section 3511(b).

19 (B) No payment under this subtitle may be

20 made for an existing tank vessel for which an oper21 ating agreement is awarded under this paragraph

22 after the earlier of—

23 (i) 4 years after the first date amounts are

24 available to carry out this subtitle; or
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1 (ii) the date of delivery of the replacement

2 tank vessel.

3 (d) LIMITATION.—The Secretary may not award op4 erating agreements under this subtitle that require pay5 ments under section 3515 for a fiscal year for more than

6 60 vessels.

7 SEC. 3513. EFFECTIVENESS OF OPERATING AGREEMENTS.

8 (a) EFFECTIVENESS, GENERALLY.—The Secretary

9 may enter into an operating agreement under this subtitle

10 for fiscal year 2006. Except as provided in subsection (b),

11 the agreement shall be effective only for 1 fiscal year, but

12 shall be renewable, subject to the availability of appropria13 tions, for each subsequent fiscal year through the end of

14 fiscal year 2015.

15 (b) VESSELS UNDER CHARTER TO U.S.—Unless an

16 earlier date is requested by the applicant, the effective

17 date for an operating agreement with respect to a vessel

18 that is, on the date of entry into an operating agreement,

19 on charter to the United States Government, other than

20 a charter pursuant to an Emergency Preparedness Agree21 ment under section 3516, shall be the expiration or termi22 nation date of the Government charter covering the vessel,

23 or any earlier date the vessel is withdrawn from that char24 ter.

25 (c) TERMINATION.—
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1 (1) IN GENERAL.—If the contractor with re2 spect to an operating agreement fails to comply with

3 the terms of the agreement—

4 (A) the Secretary shall terminate the oper5 ating agreement; and

6 (B) any budget authority obligated by the

7 agreement shall be available to the Secretary to

8 carry out this subtitle.

9 (2) EARLY TERMINATION.—An operating agree10 ment under this subtitle shall terminate on a date

11 specified by the contractor if the contractor notifies

12 the Secretary, by not later than 60 days before the

13 effective date of the termination, that the contractor

14 intends to terminate the agreement.

15 (d) NONRENEWAL FOR LACK OF FUNDS.—

16 (1) NOTIFICATION OF CONGRESS.—If, by the

17 first day of a fiscal year, sufficient funds have not

18 been appropriated under the authority provided by

19 this subtitle for that fiscal year, then the Secretary

20 shall notify the Congress that operating agreements

21 authorized under this subtitle for which sufficient

22 funds are not available will not be renewed for that

23 fiscal year if sufficient funds are not appropriated by

24 the 60th day of that fiscal year.
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1 (2) RELEASE OF VESSELS FROM OBLIGA2 TIONS.—If funds are not appropriated under the au3 thority provided by this subtitle for any fiscal year

4 by the 60th day of that fiscal year, then each vessel

5 covered by an operating agreement under this sub6 title for which funds are not available—

7 (A) is thereby released from any further

8 obligation under the operating agreement;

9 (B) the owner or operator of the vessel

10 may transfer and register such vessel under a

11 foreign registry that is acceptable to the Sec12 retary of Transportation and the Secretary of

13 Defense, notwithstanding section 9 of the Ship14 ping Act, 1916 (46 App. U.S.C. 808); and

15 (C) if section 902 of the Merchant Marine

16 Act, 1936 (46 App. U.S.C. 1242) is applicable

17 to such vessel after registration of the vessel

18 under such a registry, then the vessel is avail19 able to be requisitioned by the Secretary of

20 Transportation pursuant to section 902 of such

21 Act.
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1 SEC. 3514. OBLIGATIONS AND RIGHTS UNDER OPERATING

2 AGREEMENTS.

3 (a) OPERATION OF VESSEL.—An operating agree4 ment under this subtitle shall require that, during the pe5 riod a vessel is operating under the agreement—

6 (1) the vessel—

7 (A) shall be operated exclusively in the for8 eign commerce or in mixed foreign commerce

9 and domestic trade allowed under a registry en10 dorsement issued under section 12105 of title

11 46, United States Code; and

12 (B) shall not otherwise be operated in the

13 coastwise trade; and

14 (2) the vessel shall be documented under chap15 ter 121 of title 46, United States Code.

16 (b) ANNUAL PAYMENTS BY SECRETARY.—

17 (1) IN GENERAL.—An operating agreement

18 under this subtitle shall require, subject to the avail19 ability of appropriations, that the Secretary make a

20 payment each fiscal year to the contractor in accord21 ance with section 3515.

22 (2) OPERATING AGREEMENT IS OBLIGATION OF

23 UNITED STATES GOVERNMENT.—An operating

24 agreement under this subtitle constitutes a contrac25 tual obligation of the United States Government to
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1 pay the amounts provided for in the agreement to

2 the extent of actual appropriations.

3 (c) DOCUMENTATION REQUIREMENT.—Each vessel

4 covered by an operating agreement (including an agree5 ment terminated under section 3513(c)(2)) shall remain

6 documented under chapter 121 of title 46, United States

7 Code, until the date the operating agreement would termi8 nate according to its terms.

9 (d) NATIONAL SECURITY REQUIREMENTS.—

10 (1) IN GENERAL.—A contractor with respect to

11 an operating agreement (including an agreement ter12 minated under section 3513(c)(2)) shall continue to

13 be bound by the provisions of section 3516 until the

14 date the operating agreement would terminate ac15 cording to its terms.

16 (2) EMERGENCY PREPAREDNESS AGREE17 MENT.—All terms and conditions of an Emergency

18 Preparedness Agreement entered into under section

19 3516 shall remain in effect until the date the oper20 ating agreement would terminate according to its

21 terms, except that the terms of such Emergency

22 Preparedness Agreement may be modified by the

23 mutual consent of the contractor and the Secretary

24 of Transportation and the Secretary of Defense.
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1 (e) TRANSFER OF OPERATING AGREEMENTS.—A

2 contractor under an operating agreement may transfer the

3 agreement (including all rights and obligations under the

4 agreement) to any person that is eligible to enter into that

5 operating agreement under this subtitle, if the transfer is

6 approved by the Secretary and the Secretary of Defense.

7 SEC. 3515. PAYMENTS.

8 (a) ANNUAL PAYMENT.—

9 (1) IN GENERAL.—The Secretary, subject to

10 the availability of appropriations and the other pro11 visions of this section, shall pay to the contractor for

12 an operating agreement, for each vessel that is cov13 ered by the operating agreement, an amount equal

14 to—

15 (A) $2,600,000 for each of fiscal years

16 2006 and 2007, and

17 (B) such amount, not less than

18 $2,600,000, for each fiscal year thereafter for

19 which the agreement is in effect as the Sec20 retary, with the concurrence of the Secretary of

21 Defense, considers to be necessary to meet the

22 operational requirements of the Secretary of

23 Defense.

24 (2) TIMING.—The amount shall be paid in

25 equal monthly installments at the end of each
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1 month. The amount shall not be reduced except as

2 provided by this section.

3 (b) CERTIFICATION REQUIRED FOR PAYMENT.—As

4 a condition of receiving payment under this section for a

5 fiscal year for a vessel, the contractor for the vessel shall

6 certify, in accordance with regulations issued by the Sec7 retary, that the vessel has been and will be operated in

8 accordance with section 3514(a)(1) for at least 320 days

9 in the fiscal year. Days during which the vessel is

10 drydocked, surveyed, inspected, or repaired shall be con11 sidered days of operation for purposes of this subsection.

12 (c) LIMITATIONS.—The Secretary of Transportation

13 shall not make any payment under this subtitle for a ves14 sel with respect to any days for which the vessel is—

15 (1) under a charter to the United States Gov16 ernment, other than a charter pursuant to an Emer17 gency Preparedness Agreement under section 3516;

18 (2) not operated or maintained in accordance

19 with an operating agreement under this subtitle; or

20 (3) more than—

21 (A) 25 years of age, except as provided in

22 subparagraph (B) or (C);

23 (B) 20 years of age, in the case of a tank

24 vessel; or
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1 (C) 30 years of age, in the case of a LASH

2 vessel.

3 (d) REDUCTIONS IN PAYMENTS.—With respect to

4 payments under this subtitle for a vessel covered by an

5 operating agreement, the Secretary—

6 (1) except as provided in paragraph (2), shall

7 not reduce any payment for the operation of the ves8 sel to carry military or other preference cargoes

9 under section 2631 of title 10, United States Code,

10 the Act of March 26, 1934 (46 App. U.S.C. 1241–

11 1), section 901(a), 901(b), or 901b of the Merchant

12 Marine Act, 1936 (46 App. U.S.C. 1241(a),

13 1241(b), or 1241f), or any other cargo preference

14 law of the United States;

15 (2) shall not make any payment for any day

16 that the vessel is engaged in transporting more than

17 7,500 tons of civilian bulk preference cargoes pursu18 ant to section 901(a), 901(b), or 901b of the Mer19 chant Marine Act, 1936 (46 App. U.S.C. 1241(a),

20 1241(b), or 1241f), that is cargo; and

21 (3) shall make a pro rata reduction in payment

22 for each day less than 320 in a fiscal year that the

23 vessel is not operated in accordance with section

24 3514(a)(1), with days during which the vessel is

25 drydocked or undergoing survey, inspection, or re-
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1 pair considered to be days on which the vessel is op2 erated.

3 SEC. 3516. NATIONAL SECURITY REQUIREMENTS.

4 (a) EMERGENCY PREPAREDNESS AGREEMENT RE5 QUIRED.—The Secretary shall establish an Emergency

6 Preparedness Program under this section that is approved

7 by the Secretary of Defense. Under the program, the Sec8 retary shall include in each operating agreement under

9 this subtitle a requirement that the contractor enter into

10 an Emergency Preparedness Agreement under this section

11 with the Secretary. The Secretary shall negotiate and

12 enter into an Emergency Preparedness Agreement with

13 each contractor as promptly as practicable after the con14 tractor has entered into an operating agreement under

15 this subtitle.

16 (b) TERMS OF AGREEMENT.—

17 (1) IN GENERAL.—An Emergency Preparedness

18 Agreement under this section shall require that upon

19 a request by the Secretary of Defense during time

20 of war or national emergency, or whenever deter21 mined by the Secretary of Defense to be necessary

22 for national security or contingency operation (as

23 that term is defined in section 101 of title 10,

24 United States Code), a contractor for a vessel cov25 ered by an operating agreement under this subtitle
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1 shall make available commercial transportation re2 sources (including services).

3 (2) BASIC TERMS.—(A) The basic terms of the

4 Emergency Preparedness Agreement shall be estab5 lished (subject to subparagraph (B)) pursuant to

6 consultations among the Secretary and the Secretary

7 of Defense.

8 (B) In any Emergency Preparedness Agree9 ment, the Secretary and a contractor may agree to

10 additional or modifying terms appropriate to the

11 contractor’s circumstances if those terms have been

12 approved by the Secretary of Defense.

13 (c) PARTICIPATION AFTER EXPIRATION OF OPER14 ATING AGREEMENT.—Except as provided by section

15 3514(c), the Secretary may not require, through an Emer16 gency Preparedness Agreement or operating agreement,

17 that a contractor continue to participate in an Emergency

18 Preparedness Agreement after the operating agreement

19 with the contractor has expired according to its terms or

20 is otherwise no longer in effect. After expiration of an

21 Emergency Preparedness Agreement, a contractor may

22 volunteer to continue to participate in such an agreement.

23 (d) RESOURCES MADE AVAILABLE.—The commercial

24 transportation resources to be made available under an

25 Emergency Preparedness Agreement shall include vessels
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1 or capacity in vessels, intermodal systems and equipment,

2 terminal facilities, intermodal and management services,

3 and other related services, or any agreed portion of such

4 nonvessel resources for activation as the Secretary of De5 fense may determine to be necessary, seeking to minimize

6 disruption of the contractor’s service to commercial ship7 pers.

8 (e) COMPENSATION.—

9 (1) IN GENERAL.—The Secretary shall include

10 in each Emergency Preparedness Agreement provi11 sions approved by the Secretary of Defense under

12 which the Secretary of Defense shall pay fair and

13 reasonable compensation for all commercial trans14 portation resources provided pursuant to this sec15 tion.

16 (2) SPECIFIC REQUIREMENTS.—Compensation

17 under this subsection—

18 (A) shall not be less than the contractor’s

19 commercial market charges for like transpor20 tation resources;

21 (B) shall be fair and reasonable consid22 ering all circumstances;

23 (C) shall be provided from the time that a

24 vessel or resource is required by the Secretary

25 of Defense until the time that it is redelivered
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1 to the contractor and is available to reenter

2 commercial service; and

3 (D) shall be in addition to and shall not in

4 any way reflect amounts payable under section

5 3515.

6 (f) TEMPORARY REPLACEMENT VESSELS.—Notwith7 standing section 2631 of title 10, United States Code, the

8 Act of March 26, 1934 (46 App. U.S.C. 1241–1), section

9 901(a), 901(b), or 901b of the Merchant Marine Act,

10 1936 (46 App. U.S.C. 1241(a), 1241(b), or 1241f), or any

11 other cargo preference law of the United States—

12 (1) a contractor may operate or employ in for13 eign commerce a foreign-flag vessel or foreign-flag

14 vessel capacity as a temporary replacement for a

15 United States-documented vessel or United States16 documented vessel capacity that is activated by the

17 Secretary of Defense under an Emergency Prepared18 ness Agreement or under a primary Department of

19 Defense-approved sealift readiness program; and

20 (2) such replacement vessel or vessel capacity

21 shall be eligible during the replacement period to

22 transport preference cargoes subject to section 2631

23 of title 10, United States Code, the Act of March

24 26, 1934 (46 App. U.S.C. 1241–1), and sections

25 901(a), 901(b), and 901b of the Merchant Marine
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1 Act, 1936 (46 App. U.S.C. 1241(a), 1241(b), and

2 1241b) to the same extent as the eligibility of the

3 vessel or vessel capacity replaced.

4 (g) REDELIVERY AND LIABILITY OF UNITED STATES

5 FOR DAMAGES.—

6 (1) IN GENERAL.—All commercial transpor7 tation resources activated under an Emergency Pre8 paredness Agreement shall, upon termination of the

9 period of activation, be redelivered to the contractor

10 in the same good order and condition as when re11 ceived, less ordinary wear and tear, or the Secretary

12 of Defense shall fully compensate the contractor for

13 any necessary repair or replacement.

14 (2) LIMITATION ON LIABILITY OF U.S.—Except

15 as may be expressly agreed to in an Emergency Pre16 paredness Agreement, or as otherwise provided by

17 law, the Government shall not be liable for disrup18 tion of a contractor’s commercial business or other

19 consequential damages to a contractor arising from

20 activation of commercial transportation resources

21 under an Emergency Preparedness Agreement.

22 SEC. 3517. REGULATORY RELIEF.

23 (a) OPERATION IN FOREIGN COMMERCE.—A con24 tractor for a vessel included in an operating agreement
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1 under this subtitle may operate the vessel in the foreign

2 commerce of the United States without restriction.

3 (b) OTHER RESTRICTIONS.—The restrictions of sec4 tion 901(b)(1) of the Merchant Marine Act, 1936 (46

5 App. U.S.C. 1241(b)(1)) concerning the building, rebuild6 ing, or documentation of a vessel in a foreign country shall

7 not apply to a vessel for any day the operator of that ves8 sel is receiving payments for operation of that vessel under

9 an operating agreement under this subtitle.

10 (c) TELECOMMUNICATIONS EQUIPMENT.—The tele11 communications and other electronic equipment on an ex12 isting vessel that is redocumented under the laws of the

13 United States for operation under an operating agreement

14 under this subtitle shall be deemed to satisfy all Federal

15 Communications Commission equipment certification re16 quirements, if—

17 (1) such equipment complies with all applicable

18 international agreements and associated guidelines

19 as determined by the country in which the vessel

20 was documented immediately before becoming docu21 mented under the laws of the United States;

22 (2) that country has not been identified by the

23 Secretary as inadequately enforcing international

24 regulations as to that vessel; and
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1 (3) at the end of its useful life, such equipment

2 will be replaced with equipment that meets Federal

3 Communications Commission equipment certification

4 standards.

5 SEC. 3518. SPECIAL RULE REGARDING AGE OF FORMER

6 PARTICIPATING FLEET VESSEL.

7 Sections 3511(b)(3) and 3515(c)(3) shall not apply

8 to a former participating fleet vessel described in section

9 3502(5)(A), during the 30-month period referred to in

10 section 3502(5)(B)(v) with respect to the vessel, if the

11 Secretary determines that the contractor for the vessel has

12 entered into an arrangement to obtain and operate under

13 the operating agreement for the former participating fleet

14 vessel a replacement vessel that, upon commencement of

15 such operation, will be eligible to be included in the Fleet

16 under section 3511(b).

17 SEC. 3519. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated for payments

19 under section 3515, to remain available until expended,

20 $156,000,000 for each of fiscal years 2006 and 2007, and

21 such sums as may be necessary for each fiscal year there22 after through fiscal year 2015.

23 SEC. 3520. AMENDMENT TO SHIPPING ACT, 1916.

24 Section 9 of the Shipping Act, 1916 (46 App. U.S.C.

25 808) is amended by redesignating the second subsection
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1 (e) as subsection (f), and by adding at the end the fol2 lowing:

3 ‘‘(g) Notwithstanding subsection (c)(2), the Merchant

4 Marine Act, 1936, or any contract entered into with the

5 Secretary of Transportation under that Act, a vessel may

6 be placed under a foreign registry, without approval of the

7 Secretary, if—

8 ‘‘(1)(A) the Secretary, with the concurrence of

9 the Secretary of Defense, determines that at least

10 one replacement vessel of like capability and of a ca11 pacity that is equivalent or greater, as measured by

12 deadweight tons, gross tons, or container equivalent

13 units, as appropriate, is documented under chapter

14 121 of title 46, United States Code, by the owner

15 of the vessel placed under the foreign registry; and

16 ‘‘(B) the replacement vessel is not more than

17 10 years of age on the date of that documentation;

18 and

19 ‘‘(2) an operating agreement covering the vessel

20 under the Maritime Security Act of 2003 has ex21 pired.’’.

22 SEC. 3521. REGULATIONS.

23 (a) IN GENERAL.—The Secretary of Transportation

24 and the Secretary of Defense may each prescribe rules as
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1 necessary to carry out this subtitle and the amendments

2 made by this subtitle.

3 (b) INTERIM RULES.—The Secretary of Transpor4 tation and the Secretary of Defense may each prescribe

5 interim rules necessary to carry out this subtitle and the

6 amendments made by this subtitle. For this purpose, the

7 Secretaries are excepted from compliance with the notice

8 and comment requirements of section 553 of title 5,

9 United States Code. All interim rules prescribed under the

10 authority of this subsection that are not earlier superseded

11 by final rules shall expire no later than 270 days after

12 the effective date of this subtitle.

13 SEC. 3522. REPEALS AND CONFORMING AMENDMENTS.

14 (a) REPEALS.—The following provisions are repealed:

15 (1) Subtitle B of title VI of the Merchant Ma16 rine Act, 1936 (46 App. U.S.C. 1187 et seq.).

17 (2) Section 804 of the Merchant Marine Act,

18 1936 (46 App. U.S.C. 1222).

19 (b) CONFORMING AMENDMENT.—Section

20 12102(d)(4) of title 46, United States Code, is amended

21 by inserting ‘‘or section 3511(b) of the Maritime Security

22 Act of 2003’’ after ‘‘Merchant Marine Act, 1936’’.

23 SEC. 3523. EFFECTIVE DATES.

24 (a) IN GENERAL.—Except as provided in subsections

25 (b) and (c), this subtitle shall take effect October 1, 2004.
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1 (b) REPEALS AND CONFORMING AMENDMENTS.—

2 Section 3522 shall take effect October 1, 2005.

3 (c) REGULATIONS.—Section 3521 and this section

4 shall take effect on the date of the enactment of this Act.

5 Subtitle C—National Defense Tank

6 Vessel Construction Assistance

7 SEC. 3531. NATIONAL DEFENSE TANK VESSEL CONSTRUC8 TION PROGRAM.

9 The Secretary of Transportation shall establish a

10 program for the provision of financial assistance for the

11 construction in the United States of a fleet of up to 5

12 privately owned product tank vessels—

13 (1) to be operated in commercial service in for14 eign commerce; and

15 (2) to be available for national defense purposes

16 in time of war or national emergency pursuant to an

17 Emergency Preparedness Plan approved by the Sec18 retary of Defense pursuant to section 3533(e) of this

19 subtitle.

20 SEC. 3532. APPLICATION PROCEDURE. –

21 (a) REQUEST FOR PROPOSALS.—Within 90 days

22 after the date of the enactment of this subtitle, and on

23 an as-needed basis thereafter, the Secretary, in consulta24 tion with the Secretary of Defense, shall publish in the

25 Federal Register a request for competitive proposals for
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1 the construction of new product tank vessels necessary to

2 meet the commercial and national security needs of the

3 United States and to be built with assistance under this

4 subtitle.

5 (b) QUALIFICATION.—Any citizen of the United

6 States or any shipyard in the United States may submit

7 a proposal to the Secretary of Transportation for purposes

8 of constructing a product tank vessel with assistance

9 under this subtitle.

10 (c) REQUIREMENT.—The Secretary, with the concur11 rence of the Secretary of Defense, may enter into an

12 agreement with the submitter of a proposal for assistance

13 under this subtitle if the Secretary determines that—

14 (1) the plans and specifications call for con15 struction of a new product tank vessel of not less

16 than 35,000 deadweight tons and not greater than

17 60,000 deadweight tons, that—

18 (A) will meet the requirements of foreign

19 commerce;

20 (B) is capable of carrying militarily useful

21 petroleum products, and will be suitable for na22 tional defense or military purposes in time of

23 war, national emergency, or other military con24 tingency; and
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1 (C) will meet the construction standards

2 necessary to be documented under the laws of

3 the United States;

4 (2) the shipyard in which the vessel will be con5 structed has the necessary capacity and expertise to

6 successfully construct the proposed number and type

7 of product tank vessels in a reasonable period of

8 time as determined by the Secretary of Transpor9 tation, taking into consideration the recent prior

10 commercial shipbuilding history of the proposed

11 shipyard in delivering a vessel or series of vessels on

12 time and in accordance with the contract price and

13 specifications; and

14 (3) the person proposed to be the operator of

15 the proposed vessel possesses the ability, experience,

16 financial resources, and any other qualifications de17 termined to be necessary by the Secretary for the

18 operation and maintenance of the vessel.

19 (d) PRIORITY.—The Secretary—

20 (1) subject to paragraph (2), shall give priority

21 consideration to a proposal submitted by a person

22 that is a citizen of the United States under section

23 2 of the Shipping Act, 1916 (46 App. U.S.C. 802);

24 and
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1 (2) may give priority to consideration of pro2 posals that provide the best value to the Govern3 ment, taking into consideration—

4 (A) the costs of vessel construction; and

5 (B) the commercial and national security

6 needs of the United States.

7 SEC. 3533. AWARD OF ASSISTANCE.

8 (a) IN GENERAL.—If after review of a proposal, the

9 Secretary determines that the proposal fulfills the require10 ments under this subtitle, the Secretary may enter into

11 a contract with the proposed purchaser and the proposed

12 shipyard for the construction of a product tank vessel with

13 assistance under this subtitle.

14 (b) AMOUNT OF ASSISTANCE.—The contract shall

15 provide that the Secretary shall pay, subject to the avail16 ability of appropriations, up to 75 percent of the actual

17 construction cost of the vessel, but in no case more than

18 $50,000,000 per vessel.

19 (c) CONSTRUCTION IN UNITED STATES.—A contract

20 under this section shall require that construction of a ves21 sel with assistance under this subtitle shall be performed

22 in a shipyard in the United States.

23 (d) DOCUMENTATION OF VESSEL.—

24 (1) CONTRACT REQUIREMENT.—A contract

25 under this section shall require that, upon delivery
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1 of a vessel constructed with assistance under the

2 contract, the vessel shall be documented under chap3 ter 121 of title 46, United States Code with a reg4 istry endorsement only.

5 (2) RESTRICTION ON COASTWISE ENDORSE6 MENT.—A vessel constructed with assistance under

7 this subtitle shall not be eligible for a certificate of

8 documentation with a coastwise endorsement.

9 (3) AUTHORITY TO REFLAG NOT APPLICA10 BLE.—Section 9(g) of the Shipping Act, 1916, (46

11 App. U.S.C. 808(g)) shall not apply to a vessel con12 structed with assistance under this subtitle.

13 (e) EMERGENCY PREPAREDNESS AGREEMENT.—

14 (1) IN GENERAL.—A contract under this sec15 tion shall require that the person who will be the op16 erator of a vessel constructed with assistance under

17 the contract shall enter into an Emergency Pre18 paredness Agreement for the vessel under section

19 3516.

20 (2) TREATMENT AS CONTRACTOR.—For pur21 poses of the application, under paragraph (1), of

22 section 3516 to a vessel constructed with assistance

23 under this subtitle, the term ‘‘contractor’’ as used in

24 section 3516 means the person who will be the oper-
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1 ator of a vessel constructed with assistance under

2 this subtitle.

3 (f) ADDITIONAL TERMS.—The Secretary shall incor4 porate in the contract the requirements set forth in this

5 subtitle, and may incorporate in the contract any addi6 tional terms the Secretary considers necessary.

7 SEC. 3534. PRIORITY FOR TITLE XI ASSISTANCE.

8 Section 1103 of the Merchant Marine Act, 1936 (46

9 App. U.S.C. 1273) is amended by adding at the end the

10 following:

11 ‘‘(i) PRIORITY.—In guaranteeing and entering com12 mitments to guarantee under this section, the Secretary

13 shall give priority to guarantees and commitments for ves14 sels that are otherwise eligible for a guarantee under this

15 section and that are constructed with assistance under

16 subtitle C of the Maritime Security Act of 2003.’’.

17 SEC. 3535. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated to the Sec19 retary to carry out this subtitle a total of $250,000,000

20 for 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

7 fiscal year 2004, to be available without fiscal year limita8 tion if so provided in appropriations Acts, for the use of

9 the Department of Transportation for the Maritime Ad10 ministration 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.),

18 $39,498,000, 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 guar22 antees 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

2 in 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,

6 the Secretary of Transportation may convey the right,

7 title, and interest of the United States Government in and

8 to the vessel USS HOIST (ARS–40), to the Last Patrol

9 Museum, located in Toledo, Ohio (a not-for-profit corpora10 tion, in this section referred to as the ‘‘recipient’’), for

11 use as a military 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

17 available to the Government when the Secretary re18 quires 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

21 museum—

22 (A) the recipient will, at the discretion of

23 the Secretary, reconvey the vessel to the Gov24 ernment in good condition except for ordinary

25 wear and tear; or
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1 (B) if the Board of Trustees of the recipi2 ent has decided to dissolve the recipient accord3 ing to the laws of the State of New York,

4 then—

5 (i) the recipient shall distribute the

6 vessel, as an asset of the recipient, to a

7 person that has been determined exempt

8 from taxation under the provisions of sec9 tion 501(c)(3) of the Internal Revenue

10 Code, or to the Federal Government or a

11 State or local government for a public pur12 pose; and

13 (ii) the vessel shall be disposed of by

14 a court of competent jurisdiction of the

15 county in which the principal office of the

16 recipient is located, for such purposes as

17 the court shall determine, or to such orga18 nizations as the court shall determine are

19 organized exclusively for public purposes;

20 (5) the recipient agrees to hold the Government

21 harmless for any claims arising from exposure to as22 bestos, polychlorinated biphenyls, or lead paint after

23 conveyance of the vessel, except for claims arising

24 from use by the Government under paragraph (3) or

25 (4); and
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1 (6) the recipient has available, for use to re2 store the vessel, in the form of cash, liquid assets,

3 or a written loan commitment, financial resources of

4 at least $100,000.

5 (b) DELIVERY OF VESSEL.—If a conveyance is made

6 under this section, the Secretary shall deliver the vessel

7 at the place where the vessel is located on the date of en8 actment of this Act, in its present condition, and without

9 cost to the Government.

10 (c) OTHER UNNEEDED EQUIPMENT.—The Secretary

11 may also convey any unneeded equipment from other ves12 sels in the National Defense Reserve Fleet in order to re13 store the USS HOIST (ARS–40) to museum quality.

14 (d) RETENTION OF VESSEL IN NDRF.—

15 (1) IN GENERAL.—The Secretary shall retain in

16 the National Defense Reserve Fleet the vessel au17 thorized to be conveyed under subsection (a), until

18 the earlier of—

19 (A) 2 years after the date of the enactment

20 of this Act; or

21 (B) the date of conveyance of the vessel

22 under subsection (a).

23 (2) LIMITATION.—Paragraph (1) does not re24 quire the Secretary to retain the vessel in the Na25 tional Defense Reserve Fleet if the Secretary deter-
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1 mines that retention of the vessel in the fleet will

2 pose an unacceptable risk to the marine environ3 ment.

4 SEC. 3543. AUTHORITY TO CONVEY NDRF VESSELS AND

5 VESSEL CONTENTS.

6 (a) IN GENERAL.—Notwithstanding any other law,

7 the Secretary of Transportation may convey the right,

8 title, and interest of the United States Government in and

9 to any or all of the vessels USS ORION (AS–18), USS

10 HOWARD W. GILMORE (AS–16), USS SPERRY (AS–

11 12), USS NEREUS (AS–17), USS PROTEUS (XAS–

12 19), and S.S. HATTIESBURG VICTORY (number

13 248651), a barge and its inventoried contents (YFNB 4,

14 also known as SSE–512), and the contents (Victory class

15 spares) that have been removed from the S.S. CATAWBA

16 VICTORY, to Beauchamp Tower Corporation (a not-for17 profit corporation, in this section referred to as the ‘‘re18 cipient’’) for use as moored support ships for the corpora19 tion and as memorials to the Fulton class ships and the

20 Victory class ships, if—

21 (1) the vessel is not used for commercial trans22 portation purposes;

23 (2) the recipient agrees to make the vessel

24 available to the Government when the Secretary re25 quires use of the vessel by the Government;
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1 (3) the recipient agrees that when the recipient

2 no longer requires the vessel for use as a moored

3 support ship for the corporation and as a memorial

4 to the Fulton class ships and the Victory class

5 ships—

6 (A) the recipient shall, at the discretion of

7 the Secretary, reconvey the vessel to the Gov8 ernment in good condition except for ordinary

9 wear and tear; or

10 (B) if the Board of Trustees of the recipi11 ent has decided to dissolve the recipient accord12 ing to the laws of the State of Florida, then—

13 (i) the recipient shall distribute the

14 vessel, as an asset of the recipient, to a

15 person that has been determined exempt

16 from taxation under section 501(c)(3) of

17 the Internal Revenue Code, or to the Fed18 eral Government or a State or local gov19 ernment for a public purpose; and

20 (ii) the vessel shall be disposed of by

21 a court of competent jurisdiction of the

22 county in which the principal office of the

23 recipient is located, for such purposes as

24 the court shall determine, or to such orga-
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1 nizations as the court shall determine are

2 organized exclusively for public purposes;

3 (4) the recipient agrees to hold the Government

4 harmless for any claims arising from exposure to as5 bestos after conveyance of the vessel, except for

6 claims arising from use by the Government under

7 paragraph (2) or (3); and

8 (5) the recipient has available, for use to re9 store the vessel, in the form of cash, liquid assets,

10 a written loan commitment, or financial resources—

11 (A) except as provided in subparagraph

12 (B), of at least $1,500,000 for each vessel con13 veyed; and

14 (B) at least $50,000 for each barge with

15 contents conveyed.

16 (b) DELIVERY OF VESSEL.—If a conveyance of a ves17 sel is made under this section, the Secretary shall deliver

18 the vessel at the place where the vessel is located on the

19 date of the enactment of this Act, in its present condition,

20 without cost to the Government.

21 (c) MANAGEMENT OF VESSELS PENDING CONVEY22 ANCE.—

23 (1) 2-YEAR HOLDING PERIOD.—The Secretary

24 shall remove all vessels authorized to be conveyed
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1 under this section from the scrapping disposal list

2 for a period of 2 years.

3 (2) DISPOSAL AT END OF HOLDING PERIOD.—

4 If a vessel has not been received and transported

5 from its conveyance location by the recipient before

6 the end of such 2-year period, the Secretary may

7 dispose of the vessel as the Secretary determines to

8 be appropriate.

9 (3) DISPOSAL DURING HOLDING PERIOD.—Not10 withstanding paragraph (1), the Secretary may dis11 pose of a vessel authorized to be conveyed under this

12 section during the 2-year period provided for in

13 paragraph (1), if it is determined that the vessel is

14 in danger of sinking or presents an immediate crit15 ical hazard to the National Defense Reserve Fleet or

16 environmental safety.

17 (d) OTHER UNNEEDED EQUIPMENT.—The Secretary

18 may convey to the recipient any unneeded equipment, ma19 terials, and spares from other vessels or in storage with

20 the Maritime Administration and the National Defense

21 Reserve Fleet, for the recipient’s use, including the res22 toration and refit of the vessels conveyed under this sec23 tion and to assist other vessel museums.

24 (e) RETENTION OF VESSEL IN NDRF.—The Sec25 retary shall retain in the National Defense Reserve Fleet
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1 each vessel authorized to be conveyed under subsection

2 (a), until the earlier of—

3 (1) 2 years after the date of the enactment of

4 this Act; or

5 (2) the date of conveyance of the vessel under

6 subsection (a).

7 TITLE XXXVI—NUCLEAR

8 SECURITY INITIATIVE

9 SEC. 3601. SHORT TITLE.

10 This title may be cited as the ‘‘Nuclear Security Ini11 tiative Act of 2003’’.

12 Subtitle A—Nonproliferation

13 Program Enhancements

14 SEC. 3611. ESTABLISHMENT OF INTERNATIONAL NUCLEAR

15 MATERIALS PROTECTION AND COOPERATION

16 PROGRAM IN DEPARTMENT OF STATE.

17 (a) POLICY WITH RESPECT TO FORMER SOVIET

18 UNION.—It is the policy of the United States to seek to

19 cooperate with the Russian Federation and each other

20 independent state of the former Soviet Union to effect as

21 quickly as is reasonably practical basic security measures

22 (such as the replacement of doors, the bricking of or place23 ment of bars in windows, the clearing of underbrush from

24 facility perimeters, and the erection of fences) at each fa25 cility in the Russian Federation and each such state that
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1 is used for storing nuclear weapons or nuclear materials

2 and is not yet protected by such measures.

3 (b) POLICY WORLDWIDE.—It is the policy of the

4 United States to seek to cooperate with all appropriate

5 nations—

6 (1) to attempt to ensure that all nuclear weap7 ons and nuclear materials worldwide are secure and

8 accounted for according to stringent standards; and

9 (2) to minimize the number of facilities world10 wide at which separated plutonium and highly en11 riched uranium are present, so as to achieve the

12 highest and most sustainable levels of security for

13 such facilities in the most cost-effective manner.

14 (c) EXPANSION OF PROGRAM TO ADDITIONAL COUN15 TRIES AUTHORIZED.—(1) The Secretary of State may es16 tablish an international nuclear materials protection and

17 cooperation program with respect to countries other than

18 the Russian Federation and the other independent states

19 of the former Soviet Union.

20 (2) In carrying out such program, the Secretary of

21 State may provide such funds as are needed to remove

22 nuclear materials from potentially vulnerable facilities, in23 cluding funds to cover the costs of—

24 (A) transporting such materials from those fa25 cilities to secure facilities;
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1 (B) purchasing such materials;

2 (C) converting those facilities to a use that no

3 longer requires nuclear materials; and

4 (D) providing incentives to facilitate the re5 moval of such materials from such facilities.

6 (3)(A) The Secretary of Energy may provide tech7 nical assistance to the Secretary of State in the efforts

8 of the Secretary of State, in carrying out the program,

9 to assist such countries to review and improve their secu10 rity programs with respect to nuclear weapons and nuclear

11 materials.

12 (B) The technical assistance provided under subpara13 graph (A) may, where consistent with the treaty obliga14 tions of the United States, include the sharing of tech15 nology or methodologies to the countries referred to in

16 that subparagraph. Any such sharing shall take into ac17 count the sovereignty of the country concerned and the

18 nuclear weapons programs of such country, as well as the

19 sensitivity of any information involved regarding United

20 States nuclear weapons or nuclear weapons systems.

21 (C) The Secretary of State may include the Russian

22 Federation in activities under this paragraph if the Sec23 retary determines that the experience of the Russian Fed24 eration under the International Nuclear Materials Protec25 tion and Cooperation program of the Department of En-
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1 ergy would make the participation of the Russian Federa2 tion in those activities useful in providing technical assist3 ance under subparagraph (A).

4 Subtitle B—Administration and

5 Oversight of Threat Reduction

6 and Nonproliferation Programs

7 SEC. 3621. ANALYSIS OF EFFECT ON THREAT REDUCTION

8 AND NONPROLIFERATION PROGRAMS OF

9 CONGRESSIONAL OVERSIGHT MEASURES

10 WITH RESPECT TO SUCH PROGRAMS.

11 (a) ANALYSIS OF AND REPORT ON CONGRESSIONAL

12 OVERSIGHT MEASURES.—(1) The National Academy of

13 Sciences shall carry out an analysis of the effect on threat

14 reduction and nonproliferation programs of applicable con15 gressional oversight measures. The analysis shall take into

16 account—

17 (A) the national security interests of the United

18 States;

19 (B) the need for accountability in the expendi20 ture of funds by the United States;

21 (C) the effect of such congressional oversight

22 measures on the continuity and effectiveness of such

23 programs; and

24 (D) the oversight responsibilities of Congress

25 with respect to such programs.
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1 (2) In carrying out the analysis, the National Acad2 emy of Sciences shall consult with the chairs and ranking

3 minority members of the Committees on Armed Services

4 of the Senate and the House of Representatives.

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

6 National Academy of Sciences shall submit to Congress

7 a report on the analysis required by subsection (a). The

8 report shall—

9 (1) identify, and describe the purpose of, each

10 congressional oversight measure; and

11 (2) set forth such recommendations as the Na12 tional Academy of Sciences considers appropriate as

13 to whether the measure should be retained, amend14 ed, or repealed, together with the reasoning under15 lying that determination.

16 (c) DEFINITIONS.—In this section:

17 (1) the term ‘‘congressional oversight measure’’

18 means—

19 (A) the restrictions in subsection (d) of

20 section 1203 of the Cooperative Threat Reduc21 tion Act of 1993 (22 U.S.C. 5952);

22 (B) the eligibility requirements in para23 graphs (1) through (4) of section 502 of the

24 FREEDOM Support Act (22 U.S.C. 5852);
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1 (C) the prohibition in section 1305 of the

2 National Defense Authorization Act for Fiscal

3 Year 2000 (Public Law 106–65; 113 Stat. 512;

4 22 U.S.C. 5952 note); and

5 (D) any restriction or prohibition on the

6 use of funds otherwise available for threat re7 duction and nonproliferation programs that ap8 plies absent the submission to Congress (or any

9 one or more officers or committees of Congress)

10 of a report, certification, or other matter.

11 (2) The term ‘‘threat reduction and non12 proliferation programs’’ means—

13 (A) the programs specified in section

14 1501(b) of the National Defense Authorization

15 Act for Fiscal Year 1997 (Public Law 104–201;

16 110 Stat. 2731; 50 U.S.C. 2362 note); and

17 (B) any programs for which funds are

18 made available under the defense nuclear non19 proliferation account of the Department of En20 ergy.
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1 SEC. 3622. ANNUAL REPORT ON THE USE OF FUNDS APPRO2 PRIATED FOR THREAT REDUCTION AND NON3 PROLIFERATION IN STATES OF THE FORMER

4 SOVIET UNION.

5 (a) REPORT.—Not later than December 31 of each

6 year, the Secretary of Energy shall submit to Congress

7 a report on the use, during the fiscal year ending Sep8 tember 30 of that year, of funds appropriated for threat

9 reduction and nonproliferation programs in the Russian

10 Federation and the other independent states of the former

11 Soviet Union. The report shall be prepared in consultation

12 with the Secretary of Defense and shall include the fol13 lowing:

14 (1) A description of the use of such funds and

15 the manner in which such funds are being monitored

16 and accounted for, including—

17 (A) the amounts obligated, and the

18 amounts expended, for such activities;

19 (B) the purposes for which such amounts

20 were obligated and expended;

21 (C) the forms of assistance provided, and

22 the justification for each form of assistance pro23 vided;

24 (D) the success of each such activity, in25 cluding the purposes achieved for each such ac26 tivity;
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1 (E) a description of the participation in

2 such activities by private sector entities in the

3 United States and by Federal agencies; and

4 (F) any other information that the Sec5 retary of Energy considers appropriate to pro6 vide a complete description of the operation and

7 success of such activities.

8 (2) An accounting of the financial commitment

9 made by the Russian Federation, as of the date of

10 the end of the fiscal year covered by the report, to

11 the destruction of its weapons of mass destruction

12 and to threat reduction and nonproliferation pro13 grams.

14 (3) A description of the efforts made by the

15 United States to encourage the Russian Federation

16 to continue to maintain its current level of financial

17 commitment at a level not less than the level of its

18 commitment for fiscal year 2003, and the response

19 of the Russian Federation to such efforts.

20 (4) A description of the access provided by the

21 Russian Federation to the United States during the

22 fiscal year covered by the report to the facilities with

23 respect to which the United States is providing as24 sistance under threat reduction and nonproliferation

25 programs.
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1 (b) CONSULTATION REQUIRED.—In preparing the re2 port, the Secretary of Energy shall consult with the chairs

3 and ranking minority members of the following congres4 sional committees:

5 (1) The Committee on Armed Services, Com6 mittee on Appropriations, and Committee on Inter7 national Relations of the House of Representatives.

8 (2) The Committee on Armed Services, Com9 mittee on Appropriations, and Committee on For10 eign Relations of the Senate.

11 (c) INFORMATION FROM RUSSIAN FEDERATION.—In

12 the case of activities covered by the report that are carried

13 out in the Russian Federation, the Secretary of Energy

14 shall, in preparing the report, include information pro15 vided by the Russian Federation with respect to those ac16 tivities.

17 (d) DEFINITION.—In this section, the term ‘‘threat

18 reduction and nonproliferation programs’’ has the mean19 ing given such term in section 3621.

20 SEC. 3623. PLAN FOR AND COORDINATION OF CHEMICAL

21 AND BIOLOGICAL WEAPONS NONPROLIFERA22 TION PROGRAMS WITH STATES OF THE

23 FORMER SOVIET UNION.

24 (a) CHEMICAL AND BIOLOGICAL WEAPONS PLAN.—

25 Section 1205 of the National Defense Authorization Act
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1 for Fiscal Year 2002 (Public Law 107–107; 115 Stat.

2 1247), as amended by section 1205 of the Bob Stump Na3 tional Defense Authorization Act for Fiscal Year 2003

4 (Public Law 107–314; 116 Stat. 2664) is amended—

5 (1) by redesignating subsection (d) as sub6 section (e); and

7 (2) by inserting after subsection (c) the fol8 lowing new subsection (d):

9 ‘‘(d) CHEMICAL AND BIOLOGICAL WEAPONS.—(1)

10 Not later than June 1, 2004, the President shall develop

11 with the President of the Russian Federation and submit

12 to Congress a comprehensive, detailed plan—

13 ‘‘(A) to account for, secure, and destroy all

14 chemical and biological weapons, and the chemical

15 and biological materials designed for use in such

16 weapons, that are located in Russia and the inde17 pendent states of the former Soviet Union; and

18 ‘‘(B) to prevent the outflow from those states of

19 the technology and scientific expertise that could be

20 used for developing those weapons, including delivery

21 systems.

22 ‘‘(2) The plan required by paragraph (1) shall include

23 the following:

24 ‘‘(A) Specific goals and measurable objectives

25 for the programs that are designed to carry out the
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1 objectives specified in subparagraphs (A) and (B) of

2 paragraph (1).

3 ‘‘(B) Identification of all significant obstacles to

4 achieving those objectives and the means for over5 coming those obstacles.

6 ‘‘(C) Criteria for success for those programs

7 and a strategy for eventual termination of United

8 States contributions to those programs and assump9 tion of the ongoing support of those programs by the

10 Russian Federation.

11 ‘‘(D) Specification of the fiscal and other re12 sources necessary in each of the eight fiscal years

13 after fiscal year 2003 to achieve those objectives, in14 cluding contributions from the international commu15 nity.

16 ‘‘(E) Arrangements for United States oversight

17 and access to sites.

18 ‘‘(F) Recommendations for any changes—

19 ‘‘(i) in the structure or organization of the

20 programs for carrying out those objectives; and

21 ‘‘(ii) in regulations or legislation that

22 would increase the efficiency and coordination

23 of those programs or would otherwise con24 tribute to the achievement of those objectives.
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1 ‘‘(3) In developing the plan required by paragraph

2 (1), the President shall consult with—

3 ‘‘(A) the majority and minority leadership of

4 the appropriate committees of Congress; and

5 ‘‘(B) appropriate officials of the states of the

6 former Soviet Union.

7 ‘‘(4)(A) The President, after consultation with the

8 majority and minority leadership of the appropriate com9 mittees of Congress, shall designate a senior official of the

10 Executive Branch, and provide that official with sufficient

11 authority and staffing and other resources, to coordinate

12 the programs referred to in paragraph (2)(A).

13 ‘‘(B) The President shall designate that official not

14 later than 12 months after the date of the enactment of

15 this subsection.’’.

16 (b) REPORT REQUIRED TO COVER BOTH PLANS.—

17 Subsection (e) of section 1205 of the National Defense

18 Authorization Act for Fiscal Year 2002 (Public Law 107–

19 107; 115 Stat. 1247), as redesignated by subsection (a),

20 is amended—

21 (1) in the subsection heading, by striking

22 ‘‘PLAN.—’’ and inserting ‘‘PLANS.—’’;

23 (2) in paragraph (1)—

24 (A) by striking ‘‘January 31, 2003,’’ and

25 inserting ‘‘January 31, 2005,’’; and
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1 (B) by striking ‘‘plan required by sub2 section (a)’’ and inserting ‘‘plans required by

3 subsections (a) and (d)(1)’’; and

4 (3) in paragraph (2)—

5 (A) in subparagraph (A), by striking ‘‘plan

6 required by subsection (a)’’ and inserting

7 ‘‘plans required by subsections (a) and (d)(1)’’;

8 and

9 (B) in subparagraphs (B), (C), and (D) by

10 striking ‘‘plan’’ each place it appears and in11 serting ‘‘plans’’.

12 (c) CONFORMING AMENDMENT.—The heading of sec13 tion 1205 of the National Defense Authorization Act for

14 Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1247)

15 is amended to read as follows:

16 ‘‘SEC. 1205. PLANS FOR SECURING NUCLEAR WEAPONS, MA17 TERIAL, AND EXPERTISE OF, AND FOR CO18 ORDINATING CHEMICAL AND BIOLOGICAL

19 WEAPONS NONPROLIFERATION PROGRAMS

20 WITH, STATES OF THE FORMER SOVIET

21 UNION.’’.

22 (d) EFFECTIVE DATE FOR FIRST REPORT COVERING

23 BOTH PLANS.—The amendments made by subsection (b)

24 shall apply with respect to the first report due after Janu25 ary 31, 2004.
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1 Subtitle C—United States—Russia

2 Relations

3 SEC. 3631. COMPREHENSIVE INVENTORIES AND DATA EX4 CHANGES ON NUCLEAR WEAPONS-GRADE MA5 TERIAL AND NUCLEAR WEAPONS.

6 (a) FINDINGS.—Congress finds that inventories of

7 nuclear weapons-grade material and nuclear weapons

8 should be tracked in order, among other things—

9 (1) to make it more likely that the Russian

10 Federation can fully account for its entire inventory

11 of nuclear weapons-grade material and nuclear

12 weapons; and

13 (2) to make it more likely that the sources of

14 any such material or weapons possessed or used by

15 any foreign state or terrorist organization can be

16 identified.

17 (b) STATEMENT OF POLICY.—To the extent that the

18 President considers prudent, it is the policy of the United

19 States to seek to establish jointly with the Russian Fed20 eration comprehensive inventories and data exchanges of

21 Russian Federation and United States nuclear weapons22 grade material and nuclear weapons, with particular at23 tention to tactical warheads and warheads that are no

24 longer operationally deployed.
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1 (c) ASSISTANCE IN DEVELOPING COMPREHENSIVE

2 INVENTORIES.—Notwithstanding any other provision of

3 law, the United States should seek to work with the Rus4 sian Federation to develop comprehensive inventories of

5 Russian highly enriched uranium, weapons-grade pluto6 nium, and assembled warheads, with special attention to

7 be focused on tactical warheads and warheads that are

8 no longer operationally deployed.

9 (d) DATA EXCHANGES.—As part of the development

10 of inventories under subsection (c), to the maximum ex11 tent practicable and without jeopardizing United States

12 national security interests, the United States may ex13 change data with the Russian Federation on categories of

14 material and weapons described in subsection (c).

15 (e) REPORT.—Not later than 12 months after the

16 date of the enactment of this Act, and annually thereafter

17 until a comprehensive inventory is created and the infor18 mation collected from the inventory is exchanged between

19 the United States and the Russian Federation, the Presi20 dent shall submit to Congress a report, in both classified

21 and unclassified form as necessary, describing the

22 progress that has been made toward creating an inventory

23 and exchanging the information.
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1 SEC. 3632. ESTABLISHMENT OF DUMA-CONGRESS NUCLEAR

2 THREAT REDUCTION WORKING GROUP.

3 (a) ESTABLISHMENT OF WORKING GROUP.—There

4 is hereby established a working group to be known as the

5 ‘‘Nuclear Threat Reduction Working Group’’ as an inter6 parliamentary group of the United States and the Russian

7 Federation.

8 (b) PURPOSE OF WORKING GROUP.—The purpose of

9 the Working Group established by subsection (a) shall be

10 to explore means to enhance cooperation between the

11 United States and the Russian Federation with respect

12 to nuclear nonproliferation and security, and such other

13 issues related to reducing nuclear weapons dangers as the

14 delegations from the two legislative bodies may consider

15 appropriate.

16 (c) MEMBERSHIP.—(1) The majority leader of the

17 Senate, after consultation with the minority leader of the

18 Senate, shall appoint 10 Senators to the Working Group

19 established by subsection (a).

20 (2) The Speaker of the House of Representatives,

21 after consultation with the minority leader of the House

22 of Representatives, shall appoint 30 Representatives to the

23 Working Group.
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1 SEC. 3633. JOINT UNITED STATES/NORTH ATLANTIC TREA2 TY ORGANIZATION COOPERATION WITH RUS3 SIA ON THEATER-LEVEL BALLISTIC MISSILE

4 DEFENSES.

5 (a) POLICY.—It is the policy of the United States

6 that the President should seek to ensure that the United

7 States takes the lead in arranging for the United States,

8 in conjunction with the North Atlantic Treaty Organiza9 tion, to enter into appropriate cooperative relationships

10 with the Russian Federation with respect to the develop11 ment and deployment of theater-level ballistic missile de12 fenses.

13 (b) PURPOSE OF COOPERATIVE RELATIONSHIPS.—It

14 is the policy of the United States—

15 (1) that the purpose of the cooperative relation16 ships described in subsection (a) is to increase trans17 parency and confidence with the Russian Federation;

18 (2) that United States defense and security co19 operation with the Russian Federation should con20 tribute to defining a new bilateral strategic frame21 work that is not rooted in the concept of ‘‘mutual

22 assured destruction’’; and

23 (3) that that new bilateral strategic framework

24 should be based upon improving the security of the

25 United States and the Russian Federation by pro-
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1 moting transparency and confidence between the two

2 countries.

3 (c) REPORT TO CONGRESS.—Not later than one year

4 after the date of the enactment of this Act, the President

5 shall transmit to Congress a report (in unclassified or clas6 sified form as necessary) on the feasibility of increasing

7 cooperation with the Russian Federation on the subject

8 of theater-level ballistic missile defenses and on the pur9 poses and objectives set forth in subsection (b). The report

10 shall include—

11 (1) recommendations from the Department of

12 Defense and Missile Defense Agency;

13 (2) a threat assessment; and

14 (3) an assessment of possible benefits to missile

15 defense programs of the United States.

16 SEC. 3634. ENCOURAGEMENT OF ENHANCED COLLABORA17 TION TO ACHIEVE MORE RELIABLE RUSSIAN

18 EARLY WARNING SYSTEMS.

19 (a) FINDINGS.—Congress finds that—

20 (1) the innovative United States-Russian space21 based remote sensor research and development pro22 gram known as the Russian-American Observation

23 Satellite (RAMOS) program addresses a variety of

24 defense concerns while promoting enhanced trans-
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1 parency and confidence between the United States

2 and the Russian Federation; and

3 (2) an initial concept of co-orbiting United

4 States and Russian satellites for simultaneous stereo

5 observations is complete and should be continued.

6 (b) POLICY.—To the exent that the President con7 siders prudent, it is the policy of the United States—

8 (1) to encourage joint efforts by the United

9 States and the Russian Federation to reduce the

10 chances of a Russian nuclear attack anywhere in the

11 world as the result of misinformation or miscalcula12 tion by developing the capabilities and increasing the

13 reliability of Russian ballistic missile early-warning

14 systems, including the Russian-American Observa15 tion Satellite (RAMOS) program; and

16 (2) to encourage other United States-Russian

17 programs to ensure that the Russia Federation has

18 reliable information, including real-time data, re19 garding launches of ballistic missiles anywhere in the

20 world.

21 (c) INTERIM RAMOS FUNDING.—To the extent that

22 the Secretary of Defense considers prudent, the Secretary

23 of Defense shall ensure that, pending the execution of a

24 new agreement between the United States and the Rus25 sian Federation providing for the conduct of the RAMOS
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1 program, sufficient amounts of funds appropriated for

2 that program are used in order to ensure the satisfactory

3 continuation of that program during fiscal years 2004 and

4 2005.

5 SEC. 3635. TELLER-KURCHATOV ALLIANCE FOR PEACE.

6 (a) FINDINGS.—Congress finds that—

7 (1) Edward Teller of the United States and

8 Igor Kurchatov of the former Soviet Union were ar9 chitects of the nuclear weapons programs in their re10 spective countries;

11 (2) these outstanding individuals both expressed

12 a longing for peace and opposition to war; and

13 (3) as the United States and the Russian Fed14 eration work together to redirect the nations of the

15 world towards the peaceful use of nuclear energy,

16 seeking to improve the quality of life for all human

17 beings, it is appropriate to establish an alliance for

18 peace in the names of Edward Teller and Igor

19 Kurchatov.

20 (b) TELLER-KURCHATOV ALLIANCE FOR PEACE.—

21 (1) To the extent that the Secretary of Energy considers

22 prudent, the Secretary shall seek to enter into an agree23 ment with the Minister of Atomic Energy of the Russian

24 Federation to carry out a cooperative venture, to be known

25 as the Teller-Kurchatov Alliance for Peace, to develop and
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1 promote peaceful, safe, and environmentally sensitive uses

2 of nuclear energy.

3 (2) The cooperative venture referred to in paragraph

4 (1) shall involve the national security laboratories of the

5 National Nuclear Security Administration and the labora6 tories of the Ministry of Atomic Energy and the

7 Kurchatov Institute of the Russian Federation.

8 (3) The cooperative venture shall be directed by two

9 co-chairs, one each from the United States and the Rus10 sian Federation. The co-chair from the United States shall

11 serve for a term of two years and shall be designated by

12 the Administrator for Nuclear Security from among offi13 cials of the three national security laboratories, with each

14 laboratory represented on a rotating basis.

15 SEC. 3636. NONPROLIFERATION FELLOWSHIPS.

16 (a) IN GENERAL.—(1) From amounts made available

17 to carry out this section, the Administrator for Nuclear

18 Security may carry out a program under which the Ad19 ministrator awards, to scientists employed at the

20 Kurchatov Institute of the Russian Federation and Law21 rence Livermore National Laboratory, international ex22 change fellowships, to be known as Teller-Kurchatov Fel23 lowships, in the nuclear nonproliferation sciences.

24 (2) The purpose of the program shall be to provide

25 opportunities for advancement in the field of nuclear non-
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1 proliferation to scientists who, as demonstrated by their

2 academic or professional achievements, show particular

3 promise of making significant contributions in that field.

4 (3) A fellowship awarded to a scientist under the pro5 gram shall be for study and training at (and, where appro6 priate, at an institution of higher education in the vicinity

7 of)—

8 (A) the Kurchatov Institute, in the case of a

9 scientist employed at Lawrence Livermore National

10 Laboratory; and

11 (B) Lawrence Livermore National Laboratory,

12 in the case of a scientist employed at the Kurchatov

13 Institute.

14 (4) The duration of a fellowship under the program

15 may not exceed two years. The Administrator may provide

16 for a longer duration in an individual case to the extent

17 warranted by extraordinary circumstances, as determined

18 by the Administrator.

19 (5) In a calendar year, the Administrator may not

20 award more than—

21 (A) one fellowship to a scientist employed at the

22 Kurchatov Institute; and

23 (B) one fellowship to a scientist employed at

24 Lawrence Livermore National Laboratory.

25 (6) A fellowship under the program shall include—
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1 (A) travel expenses;

2 (B) any tuition and fees at an institution of

3 higher education for study or training under the fel4 lowship; and

5 (C) any other expenses that the Administrator

6 considers appropriate, such as room and board.

7 (b) FUNDING.—Amounts available to the Depart8 ment of Energy for defense nuclear nonproliferation ac9 tivities shall be available for the fellowships authorized by

10 subsection (a).

11 (c) DEFINITIONS.—In this section—

12 (1) the term ‘‘institution of higher education’’

13 means a college, university, or other educational in14 stitution that is empowered by an appropriate au15 thority, as determined by the Administrator, to

16 award degrees higher than the baccalaureate level;

17 (2) the term ‘‘nuclear nonproliferation sciences’’

18 means bodies of scientific knowledge relevant to de19 veloping or advancing the means to prevent or im20 pede the proliferation of nuclear weaponry; and

21 (3) the term ‘‘scientist’’ means an individual

22 who has a degree from an institution of higher edu23 cation in a science that has practical application in

24 the field of nuclear nonproliferation.
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1 Subtitle D—Other Matters

2 SEC. 3641. PROMOTION OF DISCUSSIONS ON NUCLEAR AND

3 RADIOLOGICAL SECURITY AND SAFETY BE4 TWEEN THE INTERNATIONAL ATOMIC EN5 ERGY AGENCY AND THE ORGANIZATION FOR

6 ECONOMIC COOPERATION AND DEVELOP7 MENT.

8 (a) FINDINGS.—Congress finds that—

9 (1) cooperative programs to control potential

10 threats from any fissile and radiological materials,

11 whatever and wherever their sources, should be ex12 panded to include additional states and international

13 organizations; and

14 (2) addressing issues of nuclear weapons and

15 materials, as well as the issue of radiological dis16 persal bombs, in new forums around the world is

17 crucial to the generation of innovative mechanisms

18 directed at addressing the threats.

19 (b) SENSE OF CONGRESS REGARDING INITIATION OF

20 DIALOGUE BETWEEN THE IAEA AND THE OECD.—It is

21 the sense of Congress that—

22 (1) the United States should seek to initiate

23 discussions between the International Atomic Energy

24 Agency and the Organization for Economic Coopera25 tion and Development for the purpose of exploring
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1 issues of nuclear and radiological security and safe2 ty, including the creation of new sources of revenue

3 (including debt reduction) for states to provide nu4 clear security; and

5 (2) the discussions referred to in paragraph (1)

6 should also provide a forum to explore possible

7 sources of funds in support of the G-8 Global Part8 nership Against the Spread of Weapons and Mate9 rials of Mass Destruction.

10 (c) REPORT.—Not later than 12 months after the

11 date of the enactment of this Act, the President shall sub12 mit to Congress a report on—

13 (1) the efforts made by the United States to

14 initiate the discussions described in subsection (b);

15 (2) the results of those efforts; and

16 (3) any plans for further discussions and the

17 purposes of such discussions.

Passed the House of Representatives May 22, 2003.

Attest:

Clerk.