IB 
Union Calendar No. 53
108TH CONGRESS 
1ST SESSION H. R. 1588
[Report No. 108–106] 
To authorize appropriations for fiscal year 2004 for military activities of 
the Department of Defense, to prescribe military personnel strengths 
for fiscal year 2004, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2003
Mr. HUNTER (for himself and Mr. SKELTON) (both by request) introduced the 
following bill; which was referred to the Committee on Armed Services 
MAY 16, 2003
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 3, 2003] 
A BILL 
To authorize appropriations for fiscal year 2004 for military 
activities of the Department of Defense, to prescribe 
military personnel strengths for fiscal year 2004, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2004’’. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
CONTENTS. 
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows: 
(1) Division A—Department of Defense Author-
izations. 
(2) Division B—Military Construction Author-
izations. 
(3) Division C—Department of Energy National 
Security Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; findings. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees defined. 
DIVISION A—DEPARTMENT OF DEFENSE 
AUTHORIZATIONS
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Subtitle B—Army Programs 
Sec. 111. Stryker vehicle program. 
Subtitle C—Navy Programs 
Sec. 121. Multiyear procurement authority for F/A–18 aircraft program. 
Sec. 122. Multiyear procurement authority for Tactical Tomahawk cruise missile 
program.
Sec. 123. Multiyear procurement authority for Virginia class submarine program. 
Sec. 124. Multiyear procurement authority for E–2C aircraft program. 
Sec. 125. LPD–17 class vessel. 
Subtitle D—Air Force Programs 
Sec. 131. Air Force air refueling transfer account. 
Sec. 132. Increase in number of aircraft authorized to be procured under 
multiyear procurement authority for Air Force C–130J aircraft 
program. 
Sec. 133. Limitation on retiring C–5 aircraft. 
Sec. 134. Limitation on obligation of funds for procurement of F/A–22 aircraft. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and 
Limitations 
Sec. 211. Collaborative program for development of electromagnetic gun tech-
nology. 
Sec. 212. Authority to select civilian employee of Department of Defense as direc-
tor 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 produc-
tion of titanium by the United States. 
Sec. 216. Extension of reporting requirement for RAH–66 Comanche aircraft pro-
gram. 
Sec. 217. Studies of fleet platform architectures for the Navy. 
Subtitle C—Ballistic Missile Defense 
Sec. 221. Enhanced flexibility for ballistic missile defense systems. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Other Department of Defense programs. 
Subtitle B—Environmental Provisions 
Sec. 311. Reauthorization and modification of title I of Sikes Act. 
Sec. 312. Authorization for defense participation in wetland mitigation banks. 
Sec. 313. Inclusion of environmental response equipment and services in Navy 
definitions of salvage facilities and salvage services. 
Sec. 314. Clarification of Department of Defense response to environmental emer-
gencies. 
Sec. 315. Requirements for restoration advisory boards and exemption from Fed-
eral Advisory Committee Act.
Sec. 316. Report regarding impact of civilian community encroachment and cer-
tain 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 Ma-
neuver Area, Camp Shelby, Mississippi. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Exclusion of certain expenditures from percentage limitation on con-
tracting for performance of depot-level maintenance and repair 
workloads. 
Sec. 322. High-performing organization business process reengineering pilot pro-
gram. 
Sec. 323. Delayed implementation of revised Office of Management and Budget 
Circular A-76 by Department of Defense pending report. 
Sec. 324. Naval Aviation Depots multi-trades demonstration project. 
Subtitle D—Information Technology 
Sec. 331. Performance-based and results-based management requirements for 
Chief Information Officers of Department of Defense. 
Subtitle E—Other Matters 
Sec. 341. Cataloging and standardization for defense supply management. 
Sec. 342. Space-available transportation for dependents of members assigned to 
overseas duty locations for continuous period in excess of one 
year. 
Sec. 343. Preservation of Air Force Reserve weather reconnaissance mission. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2004 limitation on non-dual status technicians. 
Sec. 415. Permanent limitations on number of non-dual status technicians. 
Subtitle C—Authorizations of Appropriations 
Sec. 421. Military personnel. 
Sec. 422. Armed Forces Retirement Home. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—General and Flag Officer Matters 
Sec. 501. Standardization of qualifications for appointment as service chief.
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 com-
mitments following promotion nonselection. 
Sec. 513. Increased flexibility for voluntary retirement for military officers. 
Subtitle C—Reserve Component Matters 
Sec. 521. Streamlined process for continuation of officers on the reserve active-sta-
tus 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 place-
ment of certain retired members in Ready Reserve. 
Sec. 525. Authority to provide expenses of Army and Air Staff personnel and Na-
tional 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 mas-
ter 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 schol-
arship program to students at military junior colleges. 
Sec. 534. Inclusion of accrued interest in amounts that may be repaid under Se-
lected Reserve critical specialties education loan repayment pro-
gram. 
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 mid-
shipmen. 
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 retire-
ment of members of the Navy and Marine Corps with Army and 
Air Force requirements. 
Sec. 544. Standardization of statutory authorities for exemptions from require-
ment 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 re-
lating to drunken or reckless operation of a vehicle, aircraft, or 
vessel. 
Sec. 548. Public identification of casualties no sooner than 24 hours after notifi-
cation 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 over-
seas 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 mem-
bers of the Armed Forces and Department of Defense civilian 
employees. 
Sec. 564. Permanent authority for support for certain chaplain-led military fam-
ily support programs. 
Sec. 565. Department of Defense-Department of Veterans Affairs Joint Executive 
Committee. 
Sec. 566. Limitation on aviation force structure changes in the Department of the 
Navy. 
Sec. 567. Impact-aid eligibility for heavily impacted local educational agencies 
affected by privitization of military housing. 
Sec. 568. Investigation into the 1991 death of Marine Corps Colonel James E. 
Sabow. 
Subtitle H—Domestic Violence 
Sec. 571. Travel and transportation for dependents relocating for reasons of per-
sonal 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 en-
listed or warrant officer service.
Sec. 603. Special subsistence allowance authorities for members assigned to high-
cost duty location or under other unique and unusual cir-
cumstances. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
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 compo-
nent 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 of-
ficers 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 occu-
pational specialty. 
Sec. 622. Increase in rate for imminent danger pay and family separation allow-
ance related to service in Operation Iraqi Freedom or Operation 
Enduring Freedom. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Shipment of privately owned motor vehicle within continental United 
States. 
Sec. 632. Payment or reimbursement of student baggage storage costs for depend-
ent 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 re-
tirees 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 crit-
ical 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 com-
mittee to Uniform Formulary Beneficiary Advisory Panel under 
the pharmacy benefits program. 
Sec. 703. Permanent extension of authority to enter into personal services con-
tracts for the performance of health care responsibilities at loca-
tions 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 alert-
ed for mobilization. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION 
MANAGEMENT, AND RELATED MATTERS 
Subtitle A—Amendments to General Contracting Authorities, 
Procedures, and Limitations 
Sec. 801. Extension of authority to carry out certain prototype projects. 
Sec. 802. Elimination of certain subcontract notification requirements. 
Sec. 803. Elimination of requirement to furnish written assurances of technical 
data conformity. 
Sec. 804. Limitation period for task and delivery order contracts. 
Sec. 805. Additional authorities relating to obtaining personal services. 
Sec. 806. Evaluation of prompt payment provisions. 
Subtitle B—United States Defense Industrial Base Provisions 
PART I—CRITICAL ITEMS IDENTIFICATION AND DOMESTIC PRODUCTION 
CAPABILITIES IMPROVEMENT PROGRAM 
Sec. 811. Assessment of United States defense industrial base capabilities. 
Sec. 812. Identification of critical items: military system breakout list. 
Sec. 813. Procurement of certain critical items from American sources. 
Sec. 814. Production capabilities improvement for certain critical items using 
Defense Industrial Base Capabilities Fund. 
PART II—REQUIREMENTS RELATING TO SPECIFIC ITEMS 
Sec. 821. Domestic source limitation for certain additional items. 
Sec. 822. Requirements relating to buying commercial items containing specialty 
metals from American sources. 
Sec. 823. Elimination of unreliable sources of defense items and components. 
Sec. 824. Congressional notification required before exercising exception to re-
quirement 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. 
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 com-
batant commands. 
Sec. 905. Biennial review of national military strategy by Chairman of the Joint 
Chiefs of Staff. 
Sec. 906. Authority for acceptance by Asia-Pacific Center for Security Studies of 
gifts and donations from nonforeign sources. 
Sec. 907. Repeal of rotating chairmanship of Economic Adjustment Committee. 
Sec. 908. Pilot program for improved civilian personnel management. 
Sec. 909. Extension of certain authorities applicable to the Pentagon Reservation 
to include designated Pentagon continuity-of-government loca-
tions. 
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 acquisi-
tion 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 tele-
phones 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 
Sec. 1041. Codification and revision of defense counterintelligence polygraph pro-
gram 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 an-
nual 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 Agen-
cy. 
Sec. 1047. Use of drug interdiction and counter-drug funds to support activities 
of the Government of Colombia. 
Sec. 1048. Authority for joint task forces to provide support to law enforcement 
agencies conducting counter-terrorism activities. 
Sec. 1049. Use of National Driver Register for personnel security investigations 
and determinations. 
Sec. 1050. Protection of operational files of the National Security Agency. 
Sec. 1051. Assistance for study of feasibility of biennial international air trade 
show in the United States and for initial implementation. 
Sec. 1052. Continuation of reasonable access to military installations for personal 
commercial solicitation. 
Sec. 1053. Commission on Nuclear Strategy of the United States. 
Sec. 1054. Extension of Counterproliferation Program Review Committee. 
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN 
PERSONNEL 
Subtitle A—Department of Defense Civilian Personnel 
Generally 
Sec. 1101. Modification of the overtime pay cap. 
Sec. 1102. Military leave for mobilized Federal civilian employees. 
Sec. 1103. Common occupational and health standards for differential payments 
as a consequence of exposure to asbestos. 
Sec. 1104. Increase in annual student loan repayment authority.
Sec. 1105. Authorization for cabinet secretaries, secretaries of military depart-
ments, and heads of executive agencies to be paid on a biweekly 
basis. 
Sec. 1106. Senior executive service and performance. 
Sec. 1107. Design elements of pay-for-performance systems in demonstration 
projects. 
Sec. 1108. Federal flexible benefits plan administrative costs. 
Sec. 1109. Clarification to Hatch Act; limitation on disclosure of certain records. 
Sec. 1110. Employee surveys. 
Subtitle B—Department of Defense National Security 
Personnel System 
Sec. 1111. Department of Defense national security personnel system. 
TITLE XII—MATTERS RELATING TO OTHER NATIONS 
Sec. 1201. Expansion of authority to provide administrative support and services 
and travel and subsistence expenses for certain foreign liaison of-
ficers. 
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 superi-
ority. 
Sec. 1205. Report on acquisition by Iraq of advanced weapons.
Sec. 1206. Authority for check cashing and currency exchange services to be pro-
vided to foreign military members participating in certain ac-
tivities 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 Colom-
bia. 
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 facil-
ity in Russia. 
TITLE XIV—SERVICES ACQUISITION REFORM 
Sec. 1401. Short title. 
Sec. 1402. Executive agency defined. 
Subtitle A—Acquisition Workforce and Training 
Sec. 1411. Definition of acquisition. 
Sec. 1412. Acquisition workforce training fund. 
Sec. 1413. Acquisition workforce recruitment program.
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 serv-
ices. 
Sec. 1429. Authorization of telecommuting for Federal contractors. 
Subtitle C—Contract Incentives 
Sec. 1431. Incentives for contract efficiency. 
Subtitle D—Acquisitions of Commercial Items 
Sec. 1441. Preference for performance-based contracting. 
Sec. 1442. Authorization of additional commercial contract types. 
Sec. 1443. Clarification of commercial services definition. 
Sec. 1444. Designation of commercial business entities. 
Subtitle E—Other Matters 
Sec. 1451. Authority to enter into certain procurement-related transactions and 
to carry out certain prototype projects. 
Sec. 1452. Authority to make inflation adjustments to simplified acquisition 
threshold. 
Sec. 1453. Technical corrections related to duplicative amendments. 
Sec. 1454. Prohibition on use of quotas. 
Sec. 1455. Applicability of certain provisions to sole source contracts for goods 
and services treated as commercial items. 
Sec. 1456. Public disclosure of noncompetitive contracting for the reconstruction 
of infrastructure in Iraq. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2002 
projects. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition 
projects. 
Sec. 2402. Family housing. 
Sec. 2403. Improvements to military family housing units. 
Sec. 2404. Energy conservation projects. 
Sec. 2405. Authorization of appropriations, Defense Agencies. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
TITLE XXVII—EXPIRATION AND EXTENSION OF 
AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Extension of authorization of certain fiscal year 2001 project. 
Sec. 2703. Extension of authorizations of certain fiscal year 2000 projects. 
Sec. 2704. Effective date. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military 
Family Housing Changes 
Sec. 2801. Increase in maximum amount of authorized annual emergency con-
struction. 
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 pro-
gram. 
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 construc-
tion. 
Sec. 2807. Increase in authorized maximum lease term for family housing and 
other facilities in certain foreign countries.
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Real property transactions. 
Subtitle C—Land Conveyances 
Sec. 2821. Termination of lease and conveyance of Army Reserve facility, 
Conway, Arkansas. 
Sec. 2822. Actions to quiet title, Fallin Waters Subdivision, Eglin Air Force 
Base, Florida. 
Sec. 2823. Modification of land conveyance, Eglin Air Force Base, Florida. 
Sec. 2824. Land conveyance, Fort Campbell, Kentucky and Tennessee. 
Sec. 2825. Land conveyance, Army and Air Force Exchange Service Property, 
Dallas, Texas. 
Sec. 2826. Land conveyance, Naval Reserve Center, Orange, Texas. 
Subtitle D—Other Matters 
Sec. 2841. Redesignation of Yuma Training Range Complex as Bob Stump 
Training Range Complex. 
Sec. 2842. Modification of authority to conduct a round of realignments and clo-
sures of military installations in 2005. 
Sec. 2843. Use of force-structure plan for the Armed Forces in preparation of se-
lection criteria for base closure round. 
Sec. 2844. Requirement for unanimous vote of Defense Base Closure and Realign-
ment Commission to recommend closure of military installations 
not recommended for closure by Secretary of Defense. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 
SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy supply. 
Subtitle B—Program Authorizations, Restrictions, and 
Limitations 
Sec. 3111. Modification of prohibition relating to low-yield nuclear weapons. 
Sec. 3112. Termination of requirement for annual updates of long-term plan for 
nuclear weapons stockpile life extension program. 
Sec. 3113. Extension to all DOE facilities of authority to prohibit dissemination 
of certain unclassified information. 
Sec. 3114. Department of Energy project review groups not subject to Federal Ad-
visory Committee Act by reason of inclusion of employees of De-
partment 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 De-
partment of Energy national security programs. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 
BOARD 
Sec. 3201. Authorization. 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
Sec. 3301. Authorized uses of National Defense Stockpile funds. 
Sec. 3302. Revisions to objectives for receipts for fiscal year 2000 disposals. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Subtitle A—General Provisions 
Sec. 3501. Short title. 
Sec. 3502. Definitions. 
Subtitle B—Maritime Security Fleet 
Sec. 3511. Establishment of Maritime Security Fleet. 
Sec. 3512. Award of operating agreements. 
Sec. 3513. Effectiveness of operating agreements. 
Sec. 3514. Obligations and rights under operating agreements. 
Sec. 3515. Payments. 
Sec. 3516. National security requirements. 
Sec. 3517. Regulatory relief. 
Sec. 3518. Special rule regarding age of former participating fleet vessel. 
Sec. 3519. Authorization of appropriations. 
Sec. 3520. Amendment to Shipping Act, 1916. 
Sec. 3521. Regulations. 
Sec. 3522. Repeals and conforming amendments. 
Sec. 3523. Effective dates. 
Subtitle C—National Defense Tank Vessel Construction 
Assistance 
Sec. 3531. National defense tank vessel construction program. 
Sec. 3532. Application procedure. 
Sec. 3533. Award of assistance. 
Sec. 3534. Priority for title XI assistance. 
Sec. 3535. Authorization of appropriations. 
Subtitle D—Maritime Administration Authorization 
Sec. 3541. Authorization of appropriations for Maritime Administration for fis-
cal year 2004. 
Sec. 3542. Authority to convey vessel USS HOIST (ARS–40).
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the 
Committee on Appropriations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Appropriations of the House of Rep-
resentatives.
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fis-
cal year 2004 for procurement for the Army as follows: 
(1) For aircraft, $2,194,585,000. 
(2) For missiles, $1,594,662,000. 
(3) For weapons and tracked combat vehicles, 
$2,197,404,000. 
(4) For ammunition, $1,428,966,000. 
(5) For other procurement, $4,321,496,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2004 for procurement for the Navy 
as follows:
(1) For aircraft, $9,050,048,000. 
(2) For weapons, including missiles and tor-
pedoes, $2,529,821,000. 
(3) For ammunition, $963,355,000. 
(4) 
For 
shipbuilding 
and 
conversion, 
$11,472,384,000. 
(5) For other procurement, $4,614,892,000. 
(b) MARINE CORPS.—Funds are hereby authorized to 
be appropriated for fiscal year 2004 for procurement for 
the Marine Corps in the amount of $1,154,299,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fis-
cal year 2004 for procurement for the Air Force as follows: 
(1) For aircraft, $12,604,451,000. 
(2) For ammunition, $1,324,725,000. 
(3) For missiles, $4,348,039,000. 
(4) For other procurement, $11,376,059,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fis-
cal year 2004 for Defense-wide procurement in the amount 
of $3,734,821,000.
Subtitle B—Army Programs
SEC. 111. STRYKER VEHICLE PROGRAM. 
(a) LIMITATION.—Of the funds authorized to be appro-
priated under section 101 for procurement for the Army
for fiscal year 2004 that are available for the Stryker vehi-
cle program, not more than $655,000,000 may be obligated 
until—
(1) the Secretary of the Army has submitted to 
the Deputy Secretary of Defense the report specified 
in subsection (b); 
(2) the Secretary of Defense has submitted to the 
congressional defense committees the report and cer-
tification referred to in subsection (c); and 
(3) a period of 30 days has elapsed after the date 
of the receipt by those committees of the report and 
certification under paragraph (2). 
(b) SECRETARY OF THE ARMY REPORT.—The report 
referred to in subsection (a)(1) is the report required to be 
submitted by the Secretary of the Army to the Deputy Sec-
retary of Defense not later than July 8, 2003, that identifies 
options for modifications to the equipment and configura-
tion of the Army brigade designated as ‘‘Stryker brigades’’ 
to assure that those brigades, after incorporating such modi-
fications, provide— 
(1) a higher level of combat capability and sus-
tainability; 
(2) a capability across a broader spectrum of 
combat operations; and
(3) a capability to be employed independently of 
higher-level command formations and support. 
(c) SECRETARY OF DEFENSE REPORT AND CERTIFI-
CATION.—The Secretary of Defense shall transmit to the 
congressional defense committees not later than 30 days 
after the date of the receipt by the Deputy Secretary of De-
fense of the report of the Secretary of the Army referred 
to in subsection (b), the modification options identified by 
the Secretary of the Army for purposes of that report. The 
Secretary of Defense shall include any comments that may 
be applicable to the analysis of the Secretary of the Army’s 
report and shall certify to the committees whether in the 
Secretary’s judgment fielding the fourth Stryker brigade as 
planned by the Army in a different configuration from the 
first three such brigades will fulfill the three objectives set 
forth in subsection (b). 
(d) AUTHORIZED USE OF REMAINDER OF FUNDS.—
The funds authorized to be appropriated for procurement 
for the Army for fiscal year 2004 that are available for the 
Stryker vehicle program and that become available for obli-
gation upon the conditions of subsection (a) being met shall 
be obligated either—
(1) to develop, procure, and field equipment and 
capabilities for the fourth Stryker brigade combat 
team that would accelerate the options for modifica-
tions to enhance Stryker brigades identified in sub-
section (b); or 
(2) for the equipment identified in the fiscal year 
2004 budget request to be procured for the fourth 
Stryker brigade, if the Secretary of Defense, after re-
viewing the Secretary of Army’s report under sub-
section (b), determines that the current configuration 
of the fourth Stryker brigade meets the criteria in 
paragraphs (1) through (3) of subsection (b) and cer-
tifies to the congressional defense committees that the 
equipment identified in the fiscal year 2004 budget 
request to be procured for the fourth Stryker brigade 
provides those capabilities. 
(e) LIMITATIONS.—(1) In obligating funds in accord-
ance with either paragraph (1) or paragraph (2) of sub-
section (d), no action may be taken that would delay, 
hinder, or otherwise disrupt the current production and 
fielding schedule for the fourth Stryker brigade. 
(2) Notwithstanding any other provision of this sec-
tion, all funds authorized to be appropriated under section 
101 for procurement for the Army for fiscal year 2004 that 
are available for the Stryker vehicle program shall be used 
exclusively to develop, procure, and field Stryker combat ve-
hicles.
Subtitle C—Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A–
18 AIRCRAFT PROGRAM. 
The Secretary of the Navy may, in accordance with 
section 2306b of title 10, United States Code, enter into a 
multiyear contract, beginning with the fiscal year 2005 pro-
gram year, for procurement of aircraft in the F/A–18E, F/
A–18F, and EA–18G configurations. The total number of 
aircraft procured through a multiyear contract under this 
section may not exceed 234.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR TAC-
TICAL 
TOMAHAWK 
CRUISE 
MISSILE 
PRO-
GRAM. 
The Secretary of the Navy may, in accordance with 
section 2306b of title 10, United States Code, enter into a 
multiyear contract, beginning with the fiscal year 2004 pro-
gram year, for procurement of Tactical Tomahawk cruise 
missiles. The total number of missiles procured through a 
multiyear contract under this section shall be determined 
by the Secretary of the Navy, based upon the funds avail-
able, but not to exceed 900 in any year.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR-
GINIA CLASS SUBMARINE PROGRAM. 
(a) AUTHORITY.—The Secretary of the Navy may, in 
accordance with section 2306b of title 10, United States
Code, enter into a multiyear contract, beginning with the 
fiscal year 2004 program year, for procurement of seven 
Virginia-class submarines. 
(b) LIMITATION.—The Secretary of the Navy may not 
enter into a contract authorized by subsection (a) until—
(1) the Secretary submits to the congressional de-
fense committees a certification that the Secretary has 
made each of the findings with respect to such con-
tract specified in subsection (a) of section 2306b of 
title 10, United States Code; and 
(2) a period of 30 days has elapsed after the date 
of the transmission of such certification. 
SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR E–2C 
AIRCRAFT PROGRAM. 
(a) AIRCRAFT.—The Secretary of the Navy may, in 
accordance with section 2306b of title 10, United States 
Code, enter into a multiyear contract, beginning with the 
fiscal year 2004 program year, for procurement of four E-
2C and four TE–2C aircraft. 
(b) ENGINES.—The Secretary of the Navy may, in ac-
cordance with section 2306b of title 10, United States Code, 
enter into a multiyear contract, beginning with the fiscal 
year 2004 program year, for procurement of 16 engines for 
aircraft in the E-2C or TE–2C configuration.
(c) LIMITATION ON TERM OF CONTRACTS.—Notwith-
standing subsection (k) of section 2306b of title 10, United 
States Code, a contract under this section may not be for 
a period in excess of four program years.
SEC. 125. LPD–17 CLASS VESSEL. 
If after May 7, 2003, there is enacted an Act making 
supplemental appropriations for the Department of Defense 
for fiscal year 2003 that includes appropriation of an 
amount for procurement of Tomahawk cruise missiles for 
the Navy, then—
(1) the amount provided in section 102 for pro-
curement of weapons for the Navy is reduced by the 
amount so appropriated or by $200,000,000, which-
ever is less, with such reduction to be derived from 
amounts authorized for procurement of Tomahawk 
cruise missiles; and 
(2) the amount provided in section 102 for ship-
building and conversion is increased by the amount 
of the reduction under paragraph (1), with the 
amount of such increase to be available for advance 
procurement of long-lead items, including the advance 
fabrication of components, for one LPD–17 class ves-
sel.
(4) Maintenance of equipment for KC–135 air-
craft that was purchased through a depot. 
(d) AUTHORIZED TRANSFERS.—Subject to subsections 
(e) and (f), the Secretary of the Air Force may transfer 
funds in the Air Force Air Refueling Transfer Account to 
appropriations of the Air Force available for purposes set 
forth in subsection (c), including appropriations available 
for procurement, for research, development, test, and eval-
uation, for operation and maintenance, and for military 
personnel (in the case of retaining KC–135E aircraft in 
active service), in such amounts as the Secretary determines 
necessary for such purpose. 
(e) LIMITATION.—Amounts appropriated to the Air 
Force Air Refueling Transfer Account pursuant to the au-
thorization of appropriations in subsection (b) may not be 
used to enter into a lease for tanker aircraft or to enter 
into a contract for procurement of tanker aircraft. 
(f) NOTICE TO CONGRESS.—A transfer of funds under 
subsection (d) may not be made until—
(1) the Secretary of the Air Force notifies the 
congressional defense committees in writing of the 
amount and purpose of the proposed transfer, includ-
ing each account to which the transfer is to be made; 
and
(2) a period of 30 days has elapsed after the date 
on which the notice is received by those committees.
SEC. 132. INCREASE IN NUMBER OF AIRCRAFT AUTHORIZED 
TO BE PROCURED UNDER MULTIYEAR PRO-
CUREMENT AUTHORITY FOR AIR FORCE C–
130J AIRCRAFT PROGRAM. 
Section 131(a) of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003 (Public Law 107–314; 
116 Stat. 2475) is amended by striking ‘‘40 C–130J air-
craft’’ and inserting ‘‘42 C–130J aircraft’’.
SEC. 133. LIMITATION ON RETIRING C–5 AIRCRAFT. 
(a) LIMITATION.—The Secretary of the Air Force may 
not proceed with a decision to retire C–5A aircraft from 
the active inventory of the Air Force in any number that 
which would reduce the total number of such aircraft in 
the active inventory below 112 until—
(1) the Air Force has modified a C–5A aircraft 
to the configuration referred to as the Reliability En-
hancement and Reengining Program (RERP) con-
figuration, as planned under the C–5 System Devel-
opment and Demonstration program as of May 1, 
2003; and 
(2) the Director of Operational Test and Evalua-
tion of the Department of Defense—
(A) conducts an operational evaluation of 
that aircraft, as so modified; and 
(B) provides to the Secretary of Defense and 
the congressional defense committees an oper-
ational assessment. 
(b) OPERATIONAL EVALUATION.—An operational eval-
uation for purposes of paragraph (2)(A) of subsection (a) 
is an evaluation, conducted during operational testing and 
evaluation of the aircraft, as so modified, of the performance 
of the aircraft with respect to reliability, maintainability, 
and availability and with respect to critical operational 
issues 
(c) OPERATIONAL ASSESSMENT.—An operational as-
sessment for purposes of paragraph (2)(B) of subsection (a) 
is an operational assessment of the program to modify C–
5A aircraft to the configuration referred to in subsection 
(a)(1) regarding both overall suitability and deficiencies of 
the program to improve performance of the C–5A aircraft 
relative to requirements and specifications for reliability, 
maintainability, and availability of that aircraft as in ef-
fect on May 1, 2003.
SEC. 134. LIMITATION ON OBLIGATION OF FUNDS FOR PRO-
CUREMENT OF F/A–22 AIRCRAFT. 
(a) LIMITATION.—Of the amount appropriated for fis-
cal year 2004 for procurement of F/A–22 aircraft,
$136,000,000 may not be obligated until the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics 
submits to the congressional defense committees the Under 
Secretary’s certification that—
(1) the four primary aircraft designated to par-
ticipate in the dedicated initial operational test and 
evaluation program for the F/A–22 aircraft have each 
been equipped with the version of the avionics soft-
ware operational flight program that is designated as 
version 3.1.2 or a later version; and 
(2) before the commencement of that dedicated 
initial operational test and evaluation program, those 
four aircraft (as so equipped) demonstrate, on aver-
age, an avionics software mean time between insta-
bility events of at least 20 hours. 
(b) CONTINGENCY WAIVER AUTHORITY.—If the Under 
Secretary notifies the Secretary of Defense that the Under 
Secretary is unable to make the certification described in 
subsection (a), the Secretary may waive the limitation 
under that subsection. Upon making such a waiver—
(1) the Secretary of Defense shall notify the con-
gressional defense committees of the waiver and of the 
reasons therefor; and 
(2) the funds described in subsection (a) may 
then be obligated, by reason of such waiver, after the
end of the 30-day period beginning on the date on 
which the Secretary’s notification is received by those 
committees.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of 
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2004 for the use of the Department of Defense for 
research, development, test, and evaluation as follows: 
(1) For the Army, $9,332,382,000. 
(2) For the Navy, $14,343,360,000. 
(3) For the Air Force, $20,548,867,000. 
(4) For Defense-wide activities, $18,461,046,000, 
of which $286,661,000 is authorized for the Director 
of Operational Test and Evaluation. 
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH-
NOLOGY. 
(a) FISCAL YEAR 2004.—Of the amounts authorized 
to be appropriated by section 201, $10,893,077,000 shall be 
available for the Defense Science and Technology Program, 
including basic research, applied research, and advanced 
technology development projects.
(b) BASIC RESEARCH, APPLIED RESEARCH, AND AD-
VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For pur-
poses of this section, the term ‘‘basic research, applied re-
search, and advanced technology development’’ means work 
funded in program elements for defense research and devel-
opment under Department of Defense category 6.1, 6.2, or 
6.3. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations
SEC. 211. COLLABORATIVE PROGRAM FOR DEVELOPMENT 
OF ELECTROMAGNETIC GUN TECHNOLOGY. 
(a) PROGRAM REQUIRED.—The Secretary of Defense 
shall establish and carry out a collaborative program for 
evaluation and demonstration of advanced technologies and 
concepts for advanced gun systems that use electromagnetic 
propulsion for direct and indirect fire applications. 
(b) DESCRIPTION OF PROGRAM.—The program under 
subsection (a) shall be carried out collaboratively pursuant 
to a memorandum of agreement to be entered into among 
the Secretary of the Army, the Secretary of the Navy, and 
the Director of the Defense Advanced Research Projects 
Agency. The program shall include the following activities: 
(1) Identification of technical objectives, quan-
tified technical barriers, and enabling technologies as-
sociated with development of the objective electro-
magnetic gun systems envisioned to meet the needs of 
each of the Armed Forces and, in so doing, identifica-
tion of opportunities for development of components 
or subsystems common to those envisioned gun sys-
tems. 
(2) Preparation of a time-based plan for develop-
ment of electromagnetic gun systems for direct fire 
applications, indirect fire applications, or both direct 
and indirect fire applications (in the case of the 
Army and Marine Corps) and for indirect fire appli-
cations (in the case of the Navy), which—
(A) 
includes 
the 
programs 
currently 
planned by the Army and by the Navy and dem-
onstrates how the enabling technologies common 
to such Army and Navy programs are used; and 
(B) provides estimated dates for decision 
points, prototype demonstrations, and transi-
tions of successful cases from the collaborative 
program under this section to an acquisition 
program. 
(3) For each of the enabling technologies common 
to the Army and Navy programs, identification of 
whether lead responsibility for developing that tech-
nology should be assigned to the Secretary of the 
Army, the Secretary of the Navy, or the Director,
with the Director favored in cases in which the tech-
nology is highly challenging or high risk, high re-
ward, and with each such Secretary favored in cases 
in which that Secretary’s military department pos-
sesses superior expertise or experience with the tech-
nology. 
(4) Identification of a strategy for the participa-
tion of industry in the program. 
(c) MATTERS INCLUDED.—The advanced technologies 
and concepts included under the program may include, but 
are not limited to, the following: 
(1) Advanced electrical power, energy storage, 
and switching systems. 
(2) Electromagnetic launcher materials and con-
struction techniques for long barrel life. 
(3) Guidance and control systems for electro-
magnetically launched projectiles. 
(4) Advanced projectiles and other munitions for 
electromagnetic gun systems. 
(5) Hypervelocity terminal effects. 
(d) RELATIONSHIP TO SEPARATE PROGRAMS OF MILI-
TARY DEPARTMENTS.—The Secretary of the Army and the 
Secretary of the Navy shall carry out separate programs 
for the evaluation and demonstration of advanced tech-
nologies and concepts for, and for the further development
and acquisition of, advanced gun systems referred to in sub-
section (a). Each such Secretary shall incorporate in that 
Secretary’s program the most promising of the technology 
products matured under the program under subsection (a). 
(e) REPORT.—Not later than March 31, 2004, the Sec-
retary of the Army, the Secretary of the Navy, and the Di-
rector of the Defense Advanced Research Projects Agency 
shall jointly submit a report to the congressional defense 
committees on the implementation of the program under 
subsection (a). The report shall include the following: 
(1) A description of the memorandum of agree-
ment entered into under subsection (b). 
(2) The time-based plan required by subsection 
(b)(2). 
(3) A description of the goals and objectives of 
the program. 
(4) Identification of funding required for fiscal 
year 2004 and for the future years defense program 
to carry out the program. 
(5) A description of a plan for industry partici-
pation in the program.
SEC. 212. AUTHORITY TO SELECT CIVILIAN EMPLOYEE OF 
DEPARTMENT OF DEFENSE AS DIRECTOR OF 
DEPARTMENT OF DEFENSE TEST RESOURCE 
MANAGEMENT CENTER. 
Section 196(b)(1) of title 10, United States Code, is 
amended—
(1) in the first sentence, by inserting before the 
period at the end the following: ‘‘or from among sen-
ior civilian officials or employees of the Department 
of Defense who have substantial experience in the field 
of test and evaluation’’; and 
(2) in the second sentence, by striking ‘‘vice ad-
miral’’ and inserting ‘‘the grade of vice admiral, or, 
in the case of a civilian official or employee, an 
equivalent level.’’.
SEC. 213. DEVELOPMENT OF THE JOINT TACTICAL RADIO 
SYSTEM. 
(a) JOINT PROGRAM OFFICE.—The Secretary of De-
fense shall designate a single joint program office within 
the Department of Defense for management of the Joint 
Tactical Radio System development program. The Sec-
retary shall provide for the head of that office to be selected 
on a rotating basis from among officers of different Armed 
Forces. 
(b) CONSOLIDATED PROGRAM ELEMENTS.—The Sec-
retary shall provide that all funds for development and pro-
curement of the Joint Tactical Radio System program shall 
be consolidated under and managed by the head of the joint 
program office designated under subsection (a). 
(c) PROGRAM DEVELOPMENT.—The Secretary shall 
provide that, subject to the authority, direction, and control 
of the Secretary, the head of the joint program office des-
ignated under subsection (a) shall—
(1) establish and control the performance speci-
fications for the Joint Tactical Radio System; 
(2) establish and control the standards for devel-
opment of the software and equipment for that sys-
tem; 
(3) establish and control the standards for oper-
ation of that system; and 
(4) develop a single, unified concept of oper-
ations for all users of that system.
SEC. 214. FUTURE COMBAT SYSTEMS. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated under section 201(1) for development and 
demonstration of systems for the Future Combat Systems 
program may be obligated or expended until 30 days after 
the Secretary of the Army submits to the congressional de-
fense committees a report on such program. The report shall 
include the following: 
(1) The findings and conclusions of—
(A) the review of the Future Combat Sys-
tems program carried out by the independent 
panel at the direction of the Secretary of Defense; 
and 
(B) the milestone B review of the Future 
Combat Systems program carried out by the de-
fense acquisition board. 
(2) For each of the key performance parameters 
relating to the Future Combat Systems program, the 
threshold value at which the utility of the individual 
systems comprising the Future Combat Systems pro-
gram become questionable. 
(3) For each of the three projects requested under 
program element 64645A, Armored Systems Mod-
ernization, a completed analysis of alternatives. 
(b) SEPARATE PROGRAM ELEMENTS.—For fiscal years 
beginning with 2004, the Secretary of Defense shall ensure 
that—
(1) each project under the Army’s Future Com-
bat Systems program (whether in existence before, on, 
or after the date of the enactment of this Act) is as-
signed a separate, dedicated program element; and 
(2) before such a program element is assigned to 
such a project, an analysis of alternatives for such 
project is completed.
SEC. 215. ARMY PROGRAM TO PURSUE TECHNOLOGIES 
LEADING TO THE ENHANCED PRODUCTION 
OF TITANIUM BY THE UNITED STATES. 
(a) EFFORTS REQUIRED.—The Secretary of Defense 
shall—
(1) assess promising technologies leading to the 
enhanced production of titanium by the United 
States; and 
(2) select, on a competitive basis, the most viable 
such technologies for research, development, and pro-
duction. 
(b) EXECUTIVE AGENT.—The Secretary of the Army 
shall serve as executive agent in carrying out subsection (a). 
(c) FUNDING.—Of the funds authorized to be appro-
priated by section 201(1) for research, development, test, 
and evaluation, Army, for fiscal year 2004, $8,000,000 
shall be available in program element 62624A to carry out 
this section.
SEC. 216. EXTENSION OF REPORTING REQUIREMENT FOR 
RAH–66 COMANCHE AIRCRAFT PROGRAM. 
Section 211 of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003 (Public Law 107–314; 
116 Stat. 2479) is amended in subsection (a) by inserting 
‘‘and fiscal year 2004’’ after ‘‘fiscal year 2003’’.
SEC. 217. STUDIES OF FLEET PLATFORM ARCHITECTURES 
FOR THE NAVY. 
(a) INDEPENDENT STUDIES.—(1) The Secretary of De-
fense shall provide for the performance of eight independent 
studies on alternative future fleet platform architectures for 
the Navy. 
(2) The Secretary shall forward the results of each 
study to the congressional defense committees not later than 
March 1, 2004. 
(3) Each such study shall be submitted both in unclas-
sified, and to the extent necessary, in classified versions. 
(b) ENTITIES TO PERFORM STUDIES.—The Secretary 
of Defense shall provide for the studies under subsection (a) 
to be performed as follows: 
(1) One shall be performed by the Secretary of 
the Navy, using Department of the Navy personnel. 
(2) Four shall be performed by qualified analyt-
ical organizations external to Department of Defense. 
(3) Three shall be performed by defense firms, or 
teams of defense firms, in the private sector.
(c) PERFORMANCE OF STUDIES.—(1) The Secretary of 
Defense shall require each entity undertaking one of the 
studies under this section to commit to performing the study 
independently from the other studies and, in the case of the 
entities selected under paragraphs (2) and (3) of subsection
(1) The numbers, kinds, and sizes of vessels, the 
numbers and types of associated manned and un-
manned vehicles, and the basic capabilities of each of 
those platforms. 
(2) Other information needed to understand that 
architecture in basic form and the supporting anal-
ysis. 
(e) COSTS.—Within the amount provided in section 
201(2), the amount of $1,600,000 is authorized, within Pro-
gram Element 65154N, for the purposes of this section.
Subtitle C—Ballistic Missile 
Defense
SEC. 221. ENHANCED FLEXIBILITY FOR BALLISTIC MISSILE 
DEFENSE SYSTEMS. 
(a) FLEXIBILITY FOR SPECIFICATION OF PROGRAM 
ELEMENTS.—Subsection (a) of section 223 of title 10, 
United States Code, is amended—
(1) by inserting ‘‘BY PRESIDENT’’ in the sub-
section heading after ‘‘SPECIFIED’’; 
(2) by striking ‘‘program elements governing 
functional areas as follows:’’ and inserting ‘‘such pro-
gram elements as the President may specify.’’; and 
(3) by striking paragraphs (1) through (6). 
(b) CONFORMING AMENDMENTS.—(1) Subsection (c) of 
such section is amended by striking ‘‘for each program ele-
ment specified in subsection (a)’’ and inserting ‘‘for a fiscal 
year for any program element specified for that fiscal year 
pursuant to subsection (a)’’. 
(2) Subsection (c)(3) of section 232 of the National De-
fense Authorization Act for Fiscal Year 2002 (Public Law 
107–107; 115 Stat. 1037; 10 U.S.C. 2431 note) is amended 
by striking ‘‘each functional area’’ and all that follows 
through ‘‘subsection (b),’’ and inserting ‘‘each then-current 
program element for ballistic missile defense systems in ef-
fect pursuant to subsection (a) or (b)’’. 
(c) AMENDMENTS RELATING TO CHANGES IN ACQUISI-
TION TERMINOLOGY.—(1) Section 223(b)(2) of title 10, 
United States Code, is amended by striking ‘‘means the de-
velopment phase whose’’ and inserting ‘‘means the period 
in the course of an acquisition program during which the’’. 
(2) Subsection (d)(1) of section 232 of the National De-
fense Authorization Act for Fiscal Year 2002 (Public Law 
107–107; 115 Stat. 1037; 10 U.S.C. 2431 note) is amended 
by striking ‘‘, as added by subsection (b)’’.
TITLE III—OPERATION AND 
MAINTENANCE
Subtitle A—Authorization of 
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fis-
cal year 2004 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, in amounts as follows: 
(1) For the Army, $25,050,587,000. 
(2) For the Navy, $27,901,790,000. 
(3) For the Marine Corps, $3,517,756,000. 
(4) For the Air Force, $25,434,460,000. 
(5) For Defense-wide activities, $16,134,047,000. 
(6) For the Army Reserve, $1,954,009,000. 
(7) For the Naval Reserve, $1,171,921,000. 
(8) For the Marine Corps Reserve, $199,452,000. 
(9) For the Air Force Reserve, $2,170,188,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$4,194,331,000. 
(11) 
For 
the 
Air 
National 
Guard, 
$4,404,646,000. 
(12) For the United States Court of Appeals for 
the Armed Forces, $10,333,000.
(13) For Environmental Restoration, Army, 
$396,018,000. 
(14) For Environmental Restoration, Navy, 
$256,153,000. 
(15) For Environmental Restoration, Air Force, 
$384,307,000. 
(16) For Environmental Restoration, Defense-
wide, $24,081,000. 
(17) For Environmental Restoration, Formerly 
Used Defense Sites, $212,619,000. 
(18) For Overseas Humanitarian, Disaster, and 
Civic Aid programs, $59,000,000. 
(19) For Cooperative Threat Reduction pro-
grams, $450,800,000. 
(20) United States Industrial Base Capabilities 
Fund, $100,000,000. 
SEC. 302. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2004 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
providing capital for working capital and revolving funds 
in amounts as follows: 
(1) For the Defense Working Capital Funds, 
$632,261,000.
(2) For the National Defense Sealift Fund, 
$1,102,762,000. 
(3) For the Defense Commissary Agency Working 
Capital Fund, $1,089,246,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 
(a) DEFENSE HEALTH PROGRAM.—Funds are hereby 
authorized to be appropriated for the Department of Defense 
for fiscal year 2004 for expenses, not otherwise provided for, 
for the Defense Health Program, $15,317,063,000, of 
which—
(1) $14,923,441,000 is for Operation and Main-
tenance; 
(2) $65,796,000 is for Research, Development, 
Test, and Evaluation; and 
(3) $327,826,000 is for Procurement. 
(b) CHEMICAL AGENTS AND MUNITIONS DESTRUC-
TION, DEFENSE.—(1) Funds are hereby authorized to be ap-
propriated for the Department of Defense for fiscal year 
2004 for expenses, not otherwise provided for, for Chemical 
Agents 
and 
Munitions 
Destruction, 
Defense, 
$1,580,261,000, of which—
(A) $1,249,168,000 is for Operation and Mainte-
nance; 
(B) $251,881,000 is for Research, Development, 
Test, and Evaluation; and
(C) $79,212,000 is for Procurement. 
(2) Amounts authorized to be appropriated under 
paragraph (1) are authorized for—
(A) the destruction of lethal chemical agents and 
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50 
U.S.C. 1521); and 
(B) the destruction of chemical warfare materiel 
of the United States that is not covered by section 
1412 of such Act. 
(c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-
TIES, DEFENSE-WIDE.—Funds are hereby authorized to be 
appropriated for the Department of Defense for fiscal year 
2004 for expenses, not otherwise provided for, for Drug 
Interdiction and Counter-Drug Activities, Defense-wide, 
$817,371,000. 
(d) DEFENSE INSPECTOR GENERAL.—Funds are here-
by authorized to be appropriated for the Department of De-
fense for fiscal year 2004 for expenses, not otherwise pro-
vided for, for the Office of the Inspector General of the De-
partment of Defense, $162,449,000.
Subtitle B—Environmental 
Provisions
SEC. 311. REAUTHORIZATION AND MODIFICATION OF TITLE 
I OF SIKES ACT. 
(a) REAUTHORIZATION.—Section 108 of the Sikes Act 
(16 U.S.C. 670f) is amended by striking ‘‘fiscal years 1998 
through 2003’’ each place it appears and inserting ‘‘fiscal 
years 2004 through 2008’’. 
(b) SENSE OF CONGRESS REGARDING SECTION 107.—
(1) Congress finds the following: 
(A) The Department of Defense maintains over 
25,000,000 acres of valuable fish and wildlife habitat 
on approximately 400 military installations nation-
wide. 
(B) These lands contain a wealth of plant and 
animal life, vital wetlands for migratory birds, and 
nearly 300 federally listed threatened species and en-
dangered species. 
(C) Increasingly, land surrounding military 
bases are being developed with residential and com-
mercial infrastructure that fragments fish and wild-
life habitat and decreases its ability to support a di-
versity of species. 
(D) Comprehensive conservation plans, such as 
integrated natural resource management plans under
the Sikes Act (16 U.S.C. 670 et seq.), can ensure that 
these ecosystem values can be protected and enhanced 
while allowing these lands to meet the needs of mili-
tary operations. 
(E) Section 107 of the Sikes Act (16 U.S.C. 
670e–2) requires sufficient numbers of professionally 
trained natural resources management personnel and 
natural resources law enforcement personnel to be 
available and assigned responsibility to perform tasks 
necessary to carry out title I of the Sikes Act, includ-
ing the preparation and implementation of integrated 
natural resource management plans. 
(F) Managerial and policymaking functions per-
formed by Department of Defense on-site profes-
sionally trained natural resource management per-
sonnel on military installations are appropriate gov-
ernmental functions. 
(G) Professionally trained civilian biologists in 
permanent Federal Government career managerial 
positions are essential to oversee fish and wildlife and 
natural resource conservation programs are essential 
to the conservation of wildlife species on military 
land. 
(2) It is the sense of Congress that the Secretary of 
Defense should take whatever steps are necessary to ensure
that section 107 of the Sikes Act (16 U.S.C. 670e–2) is fully 
implemented consistent with the findings made in para-
graph (1). 
(c) PILOT PROGRAM FOR INVASIVE SPECIES MANAGE-
MENT
FOR
MILITARY
INSTALLATIONS.—(1) 
Section 
101(b)(1) of the Sikes Act (16 U.S.C. 670a(b)(1)) is amend-
ed by redesignating subparagraphs (D) through (J) in order 
as subparagraphs (E) through (K), and by inserting after 
subparagraph (C) the following: 
‘‘(D) during fiscal years 2004 through 2008, 
in the case of a plan for a military installation 
in Guam, management, control, and eradication 
of invasive species that are not native to the eco-
system of the military installation and the intro-
duction of which cause or may cause harm to 
military readiness, the environment, the econ-
omy, or human health and safety;’’. 
(2) The amendment made by paragraph (1) shall 
apply—
(A) to any integrated natural resources manage-
ment plan prepared for a military installation in 
Guam under section 101(a)(1) of the Sikes Act (16 
U.S.C. 670a(a)(1)) on or after the date of the enact-
ment of this Act; and
(B) to any integrated natural resources manage-
ment plan prepared for a military installation in 
Guam under section 101(a)(1) of the Sikes Act (16 
U.S.C. 670a(a)(1)) before the date of the enactment of 
this Act, effective March 1, 2004.
SEC. 312. AUTHORIZATION FOR DEFENSE PARTICIPATION 
IN WETLAND MITIGATION BANKS. 
(a) IN GENERAL.—Chapter 159 of title 10, United 
States Code, is amended by inserting after section 2694a 
the following new section: 
‘‘§ 2694b. Participation in wetland mitigation banks 
‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary of 
a military department, and the Secretary of Defense with 
respect to matters concerning a Defense Agency, when en-
gaged in an authorized activity that may or will result in 
the destruction of, or an adverse impact to, a wetland, may 
make payments to a wetland mitigation banking program 
or ‘in-lieu-fee’ mitigation sponsor approved in accordance 
with the Federal Guidance for the Establishment, Use and 
Operation of Mitigation Banks (60 Fed. Reg. 58605; No-
vember 28, 1995) or the Federal Guidance on the Use of 
In-Lieu-Fee Arrangements for Compensatory Mitigation 
Under Section 404 of the Clean Water Act and Section 10 
of the Rivers and Harbors Act (65 Fed. Reg. 66913; Novem-
ber 7, 2000), or any successor administrative guidance.
‘‘(b) ALTERNATIVE TO CREATION OF WETLAND.—Par-
ticipation in a wetland mitigation banking program or 
consolidated user site under subsection (a) shall be in lieu 
of mitigating wetland impacts through the creation of a 
wetland on Federal property. 
‘‘(c) TREATMENT
OF PAYMENTS.—Payments made 
under subsection (a) to a wetland mitigation banking pro-
gram or consolidated user site may be treated as eligible 
project costs for military construction.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 2694a the following new item:
‘‘2694b. Participation in wetland mitigation banks.’’.
SEC. 313. INCLUSION OF ENVIRONMENTAL RESPONSE 
EQUIPMENT AND SERVICES IN NAVY DEFINI-
TIONS OF SALVAGE FACILITIES AND SALVAGE 
SERVICES. 
(a) SALVAGE FACILITIES.—Section 7361 of title 10, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(e) SALVAGE FACILITIES DEFINED.—In this section, 
the term ‘salvage facilities’ includes equipment and gear 
utilized to prevent, abate, or minimize damage to the envi-
ronment in connection with a marine salvage operation.’’. 
(b) SETTLEMENT OF CLAIMS FOR SALVAGE SERV-
ICES.—Section 7363 of such title is amended—
(1) by inserting ‘‘(a) AUTHORITY TO SETTLE 
CLAIM.—’’ before ‘‘The Secretary’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) SALVAGE SERVICES DEFINED.—In this section, 
the term ‘salvage services’ includes services performed in 
connection with a marine salvage operation that are in-
tended to prevent, abate, or minimize damage to the envi-
ronment.’’.
SEC. 314. CLARIFICATION OF DEPARTMENT OF DEFENSE 
RESPONSE 
TO 
ENVIRONMENTAL 
EMER-
GENCIES. 
(a) TRANSPORTATION
OF
HUMANITARIAN
RELIEF 
SUPPLIES
TO
RESPOND
TO
ENVIRONMENTAL
EMER-
GENCIES.—Section 402 of title 10, United States Code, is 
amended—
(1) by redesignating subsection (d) as subsection 
(e); and 
(2) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) RESPONSE TO ENVIRONMENTAL EMERGENCIES.—
The authority of the Secretary of Defense to transport hu-
manitarian relief supplies under this section includes the 
authority to transport supplies intended for use to respond 
to, or mitigate the effects of, an event or condition, such
as an oil spill, that threatens serious harm to the environ-
ment.’’. 
(b) CONDITIONS
ON
PROVISION
OF
TRANSPOR-
TATION.—Subsection (b) of such section is amended—
(1) in paragraph (1)(C), by inserting ‘‘or entity’’ 
after ‘‘people’’; 
(2) in paragraph (1)(E), by inserting ‘‘or use’’ 
after ‘‘distribution’’; and 
(3) in paragraph (3), by striking ‘‘donor to en-
sure that supplies to be transported under this sec-
tion’’ and inserting ‘‘entity requesting the transport 
of supplies under this section to ensure that the sup-
plies’’. 
(c) PROVISION OF DISASTER ASSISTANCE.—Section 
404 of such title is amended—
(1) in subsection (a), by inserting ‘‘or serious 
harm to the environment’’ after ‘‘loss of lives’’; and 
(2) in subsection (c)(2), by inserting ‘‘or the en-
vironment’’ after ‘‘human lives’’. 
(d) PROVISION OF HUMANITARIAN ASSISTANCE.—Sec-
tion 2561(a) of such title is amended—
(1) by inserting ‘‘(1)’’ before ‘‘To the extent’’; 
and 
(2) by adding at the end the following new para-
graph
‘‘(2) The authority of the Department of Defense to 
provide humanitarian assistance under this section in-
cludes the authority to transport supplies or provide assist-
ance intended for use to respond to, or mitigate the effects 
of, an event or condition, such as an oil spill, that threatens 
serious harm to the environment.’’.
SEC. 315. REQUIREMENTS FOR RESTORATION ADVISORY 
BOARDS AND EXEMPTION FROM FEDERAL AD-
VISORY COMMITTEE ACT. 
(a) MEMBERSHIP AND MEETING REQUIREMENTS FOR 
RESTORATION ADVISORY BOARDS.—The Secretary of De-
fense shall amend the regulations required by section 
2705(d)(2) of title 10, United States Code, relating to the 
establishment, characteristics, composition, and funding of 
restoration advisory boards to ensure that each restoration 
advisory board complies with the following requirements: 
(1) Each restoration advisory board shall be 
fairly balanced in its membership in terms of the 
points of view represented and the functions to be per-
formed. 
(2) Unless a closed or partially closed meeting is 
determined to be proper in accordance with one or 
more of the exceptions listed in the section 552b(c) of 
title 5, United States Code, each meeting of a restora-
tion advisory board shall be—
(A) held at a reasonable time and in a 
manner or place reasonably accessible to the pub-
lic, including individuals with disabilities; and 
(B) open to the public. 
(3) Timely notice of each meeting of a restora-
tion advisory board shall be published in a local 
newspaper of general circulation. 
(4) Interested persons may appear before or file 
statements with a restoration advisory board, subject 
to such reasonable restrictions as the Secretary may 
prescribe. 
(5) Subject to section 552 of title 5, United 
States Code, the records, reports, minutes, appendixes, 
working papers, drafts, studies, agenda, or other doc-
uments that were made available to, prepared for, or 
prepared by each restoration advisory board shall be 
available for public inspection and copying at a sin-
gle, publicly accessible location, such as a public li-
brary or an appropriate office of the military instal-
lation for which the restoration advisory board is es-
tablished, at least until the restoration advisory board 
is terminated. 
(6) Detailed minutes of each meeting of each res-
toration advisory board shall be kept and shall con-
tain a record of the persons present, a complete and
accurate description of matters discussed and conclu-
sions reached, and copies of all reports received, 
issued, or approved by the restoration advisory board. 
The accuracy of the minutes of a restoration advisory 
board shall be certified by the chairperson of the 
board. 
(b) FACA EXEMPTION.—Section 2705(d)(2) of title 10, 
United States Code, is amended by adding at the end the 
following new subparagraph: 
‘‘(C) The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to a restoration advisory board estab-
lished under this subsection.’’.
SEC. 316. REPORT REGARDING IMPACT OF CIVILIAN COM-
MUNITY 
ENCROACHMENT 
AND 
CERTAIN 
LEGAL REQUIREMENTS ON MILITARY INSTAL-
LATIONS AND RANGES. 
(a) STUDY REQUIRED.—The Secretary of Defense shall 
conduct a study on the impact, if any, of the following types 
of activities at military installations and operational 
ranges: 
(1) Civilian community encroachment on those 
military installations and ranges whose operational 
training activities, research, development, test, and 
evaluation activities, or other operational, test and 
evaluation, maintenance, storage, disposal, or other
support functions require, or in the future reasonably 
may require, safety or operational buffer areas. The 
requirement for such a buffer area may be due to a 
variety of factors, including air operations, ordnance 
operations and storage, or other activities that gen-
erate or might generate noise, electro-magnetic inter-
ference, ordnance arcs, or environmental impacts that 
require or may require safety or operational buffer 
areas. 
(2) Compliance by the Department of Defense 
with State Implementation Plans for Air Quality 
under section 110 of the Clean Air Act (42 U.S.C. 
7410). 
(3) Compliance by the Department of Defense 
with the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.) and the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.). 
(b) MATTERS TO BE INCLUDED WITH RESPECT TO 
CIVILIAN ENCROACHMENTS.—With respect to paragraph 
(1) of subsection (a), the study shall include the following: 
(1) A list of all military installations described 
in subsection (a)(1) at which civilian community en-
croachment is occurring.
(2) A description and analysis of the types and 
degree of such civilian community encroachment at 
each military installation included on the list. 
(3) An analysis, including views and estimates 
of the Secretary of Defense, of the current and poten-
tial future impact of such civilian community en-
croachment on operational training activities, re-
search, development, test, and evaluation activities, 
and other significant operational, test and evaluation, 
maintenance, storage, disposal, or other support func-
tions performed by military installations included on 
the list. The analysis shall include the following: 
(A) A review of training and test ranges at 
military installations, including laboratories 
and technical centers of the military depart-
ments, included on the list. 
(B) A description and explanation of the 
trends of such encroachment, as well as consider-
ation of potential future readiness problems re-
sulting from unabated encroachment. 
(4) An estimate of the costs associated with cur-
rent and anticipated partnerships between the De-
partment of Defense and non-Federal entities to cre-
ate buffer zones to preclude further development 
around military installations included on the list,
and the costs associated with the conveyance of sur-
plus property around such military installations for 
purposes of creating buffer zones. 
(5) Options and recommendations for possible 
legislative or budgetary changes necessary to mitigate 
current and anticipated future civilian community 
encroachment problems. 
(c) MATTERS TO BE INCLUDED WITH RESPECT TO 
SPECIFIED LAWS.—With respect to paragraphs (2) and (3) 
of subsection (a), the study shall include the following: 
(1) A list of all military installations and other 
locations at which the Armed Forces are encountering 
problems related to compliance with the laws specified 
in such paragraphs. 
(2) A description and analysis of the types and 
degree of compliance problems encountered. 
(3) An analysis, including views and estimates 
of the Secretary of Defense, of the current and poten-
tial future impact of such compliance problems on the 
following functions performed at military installa-
tions: 
(A) Operational training activities. 
(B) Research, development, test, and evalua-
tion activities.
(C) Other significant operational, test and 
evaluation, maintenance, storage, disposal, or 
other support functions. 
(4) A description and explanation of the trends 
of such compliance problems, as well as consideration 
of potential future readiness problems resulting from 
such compliance problems. 
(d) REPORT.—Not later than January 31, 2004, the 
Secretary of Defense shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report containing 
the results of the study conducted under subsection (a), in-
cluding the specific matters required to be addressed by 
paragraphs (1) through (5) of subsection (b) and para-
graphs (1) through (4) of subsection (c).
SEC. 317. MILITARY READINESS AND CONSERVATION OF 
PROTECTED SPECIES. 
(a) DESIGNATION
OF CRITICAL HABITAT.—Section 
4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)(3)) is amended by striking ‘‘prudent and deter-
minable’’ and inserting ‘‘necessary’’. 
(b) LIMITATION ON DESIGNATION OF CRITICAL HABI-
TAT.—Section 4(a)(3) of the Endangered Species Act of 
1973 (16 U.S.C. 1533(a)(3)) is amended—
(1) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively; 
(2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(3) by adding at the end the following: 
‘‘(B)(i) The Secretary shall not designate as critical 
habitat any lands or other geographical areas owned or con-
trolled by the Department of Defense, or designated for its 
use, that are subject to an integrated natural resources 
management plan prepared under section 101 of the Sikes 
Act (16 U.S.C. 670a), if the Secretary determines that such 
plan addresses special management considerations or pro-
tection (as those terms are used in section 3(5)(A)(i)). 
‘‘(ii) Nothing in this paragraph affects the requirement 
to consult under section 7(a)(2) with respect to an agency 
action (as that term is defined in that section). 
‘‘(iii) Nothing in this paragraph affects the obligation 
of the Department of Defense to comply with section 9, in-
cluding the prohibition preventing extinction and taking of 
endangered species and threatened species.’’. 
(c) CONSIDERATION OF EFFECTS OF DESIGNATION OF 
CRITICAL HABITAT.—Section 4(b)(2) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended by 
inserting ‘‘the impact on national security,’’ after ‘‘the eco-
nomic impact,’’.
SEC. 318. MILITARY READINESS AND MARINE MAMMAL PRO-
TECTION. 
(a) DEFINITION OF HARASSMENT.—Section 3(18) of 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1362(18)) is amended by striking the matter preceding sub-
paragraph (B) and inserting the following: 
‘‘(18)(A) The term ‘harassment’ means—
‘‘(i) any act that injures or has the signifi-
cant potential to injure a marine mammal or 
marine mammal stock in the wild; or 
‘‘(ii) any act that disturbs or is likely to 
disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of nat-
ural behavioral patterns, including, but not lim-
ited to, migration, surfacing, nursing, breeding, 
feeding, or sheltering, to a point where such be-
havioral patterns are abandoned or significantly 
altered.’’. 
(b) EXEMPTION
OF ACTIONS NECESSARY
FOR NA-
TIONAL DEFENSE.—Section 101 of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1371) is amended by in-
serting after subsection (e) the following: 
‘‘(f) EXEMPTION OF ACTIONS NECESSARY FOR NA-
TIONAL DEFENSE.—(1) The Secretary of Defense, after con-
ferring with the Secretary of Commerce, the Secretary of 
the Interior, or both, as appropriate, may exempt any ac-
tion or category of actions undertaken by the Department 
of Defense or its components from compliance with any re-
quirement of this Act, if the Secretary determines that it 
is necessary for national defense. 
‘‘(2) An exemption granted under this subsection—
‘‘(A) subject to subparagraph (B), shall be effec-
tive for a period specified by the Secretary of Defense; 
and 
‘‘(B) shall not be effective for more than 2 years. 
‘‘(3)(A) The Secretary of Defense may issue additional 
exemptions under this subsection for the same action or cat-
egory of actions, after—
‘‘(i) conferring with the Secretary of Commerce, 
the Secretary of the Interior, or both as appropriate; 
and 
‘‘(ii) making a new determination that the addi-
tional exemption is necessary for national defense. 
‘‘(B) Each additional exemption under this paragraph 
shall be effective for a period specified by the Secretary of 
Defense, of not more than 2 years.’’. 
(c) INCIDENTAL TAKINGS OF MARINE MAMMALS IN 
MILITARY READINESS ACTIVITIES.—Section 101(a)(5) of 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1371(a)(5)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘within a specified geo-
graphical region’’; 
(B) by striking ‘‘within that region of small 
numbers’’; and 
(C) by adding at the end the following: 
‘‘Notwithstanding the preceding sentence, the Secretary is 
not required to publish notice under this subparagraph with 
respect to incidental takings while engaged in a military 
readiness activity (as defined in section 315(f) of Public 
Law 107–314; 16 U.S.C. 703 note) authorized by the Sec-
retary of Defense, except in the Federal Register.’’; 
(2) in subparagraph (B)—
(A) by striking ‘‘within a specified geo-
graphical region’’; and 
(B) by striking ‘‘within one or more re-
gions’’; and 
(3) in subparagraph (D)—
(A) in clause (i)—
(i) by striking ‘‘within a specific geo-
graphic region’’; 
(ii) by striking ‘‘of small numbers’’; 
and 
(iii) by striking ‘‘within that region’’; 
and 
(B) by adding at the end the following:
‘‘(vi) Notwithstanding clause (iii), the Secretary is not 
required to publish notice under this subparagraph with re-
spect to an authorization under clause (i) of incidental 
takings while engaged in a military readiness activity (as 
defined in section 315(f) of Public Law 107–314; 16 U.S.C. 
703 note) authorized by the Secretary of Defense, except in 
the Federal Register.’’.
SEC. 319. LIMITATION ON DEPARTMENT OF DEFENSE RE-
SPONSIBILITY FOR CIVILIAN WATER CON-
SUMPTION 
IMPACTS 
RELATED 
TO 
FORT 
HUACHUCA, ARIZONA. 
(a) RULE OF CONSTRUCTION.—For purposes of section 
7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), 
in the case of Fort Huachuca, Arizona, the Secretary of the 
Army may be held responsible for water consumption that 
occurs on that military installation (or outside of that in-
stallation but under the direct authority and control of the 
Secretary). The Secretary of the Army is not responsible 
for water consumption that occurs outside of Fort 
Huachuca and is beyond the direct authority and control 
of the Secretary even though the water is derived from a 
watershed basin shared by that military installation and 
the water consumption outside of that installation may im-
pact a critical habitat or endangered species outside the in-
stallation.
(b) VOLUNTARY EFFORTS.—Nothing in this section 
shall prohibit the Secretary of the Army from voluntarily 
undertaking efforts to mitigate water consumption related 
to Fort Huachuca. 
(c) DEFINITION OF WATER CONSUMPTION.—In this 
section, the term ‘‘water consumption’’ means the consump-
tion of water, from any source, for human purposes of any 
kind, including household or industrial use, irrigation, or 
landscaping. 
(d) EFFECTIVE DATE.—This section applies only to 
Department of Defense actions regarding which consulta-
tion or reconsultation under section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536) is first required with 
regard to Fort Huachuca on or after the date of the enact-
ment of this Act.
SEC. 320. CONSTRUCTION OF WETLAND CROSSINGS, CAMP 
SHELBY COMBINED ARMS MANEUVER AREA, 
CAMP SHELBY, MISSISSIPPI. 
Amounts authorized to be appropriated by section 
301(1) for operation and maintenance for the Army shall 
be available to the Secretary of the Army to construct wet-
lands crossings at the Camp Shelby Combined Arms Ma-
neuver Area at Camp Shelby, Mississippi, for the purpose 
of ensuring that combat arms training performed at that
area is conducted in conformance with the spirit and intent 
of applicable environmental laws. 
Subtitle C—Workplace and Depot 
Issues
SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM 
PERCENTAGE LIMITATION ON CONTRACTING 
FOR PERFORMANCE OF DEPOT-LEVEL MAIN-
TENANCE AND REPAIR WORKLOADS. 
Section 2474(f)(1) of title 10, United States Code, is 
amended by striking ‘‘entered into during fiscal years 2003 
through 2006’’.
SEC. 322. HIGH-PERFORMING ORGANIZATION BUSINESS 
PROCESS REENGINEERING PILOT PROGRAM. 
(a) PILOT PROGRAM.—(1) The Secretary of Defense 
shall establish a pilot program under which the Secretary 
of each military department shall administer, or continue 
the implementation of, high-performing organizations at 
military installations through the conduct of a Business 
Process Reengineering initiative. 
(2) The implementation and management of a Busi-
ness Process Reengineering initiative under the pilot pro-
gram shall be the responsibility of the commander of the 
military installation at which the Business Process Re-
engineering initiative is carried out.
(b) ELIGIBLE ORGANIZATIONS.—Two types of organi-
zations are eligible for selection to participate in the pilot 
program: 
(1) Organizations that underwent a Business 
Process Reengineering initiative within the preceding 
five years, achieved major performance enhancements 
under the initiative, and will be able to sustain pre-
vious or achieve new performance goals through the 
continuation of its existing or completed Business 
Process Reengineering plan. 
(2) Organizations that have not undergone or 
have not successfully completed a Business Process 
Reengineering initiative, but which propose to 
achieve, and reasonably could reach, enhanced per-
formance goals through implementation of a Business 
Process Reengineering initiative. 
(c) ADDITIONAL ELIGIBILITY REQUIREMENTS.—(1) To 
be eligible for selection to participate in the pilot program 
under subsection (b)(1), an organization described in such 
subsection must be able to demonstrate the completion of 
a total organizational assessment that resulted in enhanced 
performance measures at least comparable to those that 
might be achieved through competitive sourcing.
(2) To be eligible for selection to participate in the 
pilot program under subsection (b)(2), an organization de-
scribed in such subsection must be able to identify—
(A) functions, processes, and measures to be stud-
ied under the Business Process Reengineering initia-
tive; 
(B) adequate resources for assignment to carry 
out the Business Process Reengineering initiative; 
and 
(C) labor/management agreements in place to en-
sure effective implementation of the Business Process 
Reengineering initiative. 
(d) PILOT PROGRAM LIMITATIONS.—The pilot pro-
gram shall be subject to the following limitations: 
(1) Total participants is limited to 15 military 
installations, with some participants to be drawn 
from organizations described in subsection (b)(1) and 
some participants drawn from organizations de-
scribed in subsection (b)(2). 
(2) During the implementation period for the 
Business Process Reengineering initiative, but not to 
exceed one year, a participating organization shall 
not be subject to any Office of Management and 
Budget Circular A–76 competition or other public-
private competition involving any function covered by 
the Business Process Reengineering initiative. 
(e) EFFECT OF SUCCESSFUL IMPLEMENTATION.—An 
organization designated as a high-performing organization 
as a result of successful implementation of a Business Proc-
ess Reengineering initiative under the pilot program shall 
be exempt, during the five-year period following such des-
ignation, from any Office of Management and Budget Cir-
cular A–76 competition or other public-private competition 
involving any function that was studied under the Business 
Process Reengineering initiative. 
(f) REVIEWS AND REPORTS.—The Secretaries of the 
military departments shall conduct annual performance re-
views of the participating organizations or functions within 
their respective departments. Reviews and reports shall 
evaluate organizational performance measures or functional 
performance measures and determine whether organizations 
are performing satisfactorily for purposes of continuing 
participation in the pilot program. 
(g) PERFORMANCE MEASURES.—Performance meas-
ures should include the following, which shall be measured 
against organizational baselines determined before partici-
pation in the pilot program: 
(1) Costs, savings, and overall financial perform-
ance of the organization.
(2) Organic knowledge, skills or expertise. 
(3) Efficiency and effectiveness of key functions 
or processes. 
(4) Efficiency and effectiveness of the overall or-
ganization. 
(5) General customer satisfaction. 
(h) DEFINITIONS.—In this section 
(1) The term ‘‘high-performing organization’’ 
means an organization whose performance exceeds 
that of comparable providers, whether public or pri-
vate. 
(2) The term ‘‘Business Process Reengineering’’ 
refers to an organization’s complete and thorough 
analysis and reengineering of mission and support 
functions and processes to achieve improvements in 
performance, including a fundamental reshaping of 
the way work is done to better support an organiza-
tion’s mission and reduce costs.
SEC. 323. DELAYED IMPLEMENTATION OF REVISED OFFICE 
OF MANAGEMENT AND BUDGET CIRCULAR A-
76 BY DEPARTMENT OF DEFENSE PENDING 
REPORT. 
(a) LIMITATION PENDING REPORT.—No studies or 
competitions may be conducted under the policies and pro-
cedures contained in any revisions to Office of Management
and Budget Circular A–76, as the circular exists as of May 
1, 2003, for possible contracting out of work being per-
formed, as of such date, by employees of the Department 
of Defense, until the end of the 45-day period beginning 
on the date on which the Secretary of Defense submits to 
Congress a report on the impacts and effects of the revisions. 
(b) CONTENT OF REPORT.—The report required by 
subsection (a) shall contain, at a minimum, specific infor-
mation regarding the following: 
(1) The extent to which the revisions will ensure 
that employees of the Department of Defense have the 
opportunity to compete to retain their jobs. 
(2) The extent to which the revisions will provide 
appeal and protest rights to employees of the Depart-
ment of Defense that are equivalent to those available 
to contractors. 
(3) Identify safeguards in the revisions to ensure 
that all public-private competitions are fair, appro-
priate, and comply with requirements of full and 
open competition. 
(4) The plans and strategies of the Department 
to ensure an appropriate phase-in period for the revi-
sions, as recommended by the Commercial Activities 
Panel of the Government Accounting Office in its 
April 2002 report to Congress, including rec-
ommendations for any legislative changes that may be 
required to ensure a smooth and efficient phase-in pe-
riod. 
(5) The plans and strategies of the Department 
to collect and analyze data on the costs and quality 
of work contracted out or retained in-house as a result 
of a sourcing process conducted under the revised Of-
fice of Management and Budget circular A–76.
SEC. 324. NAVAL AVIATION DEPOTS MULTI-TRADES DEM-
ONSTRATION PROJECT. 
(a) DEMONSTRATION PROJECT REQUIRED.—In ac-
cordance with section 4703 of title 5, United States Code, 
the Secretary of the Navy shall establish a demonstration 
project under which three Naval Aviation Depots are given 
the flexibility to promote by one grade level workers who 
are certified at the journey level as able to perform multiple 
trades. 
(b) SELECTION REQUIREMENTS.—As a condition on 
eligibility for selection to participate in the demonstration 
project, a Naval Aviation Depot shall submit to the Sec-
retary a business case analysis and concept plan—
(1) that, on the basis of the results of analysis 
of work processes, demonstrate that process improve-
ments would result from the trade combinations pro-
posed to be implemented under the demonstration 
project; and 
(2) that describes the resulting improvements in 
cost, quality, or schedule. 
(c) PARTICIPATING WORKERS.—(1) Actual worker 
participation in the demonstration project shall be deter-
mined through competitive selection. Not more than 15 per-
cent of the wage grade journeyman at a demonstration 
project location may be selected to participate. 
(2) Job descriptions and competency-based training 
plans must be developed for each worker while in training 
under the demonstration project and once certified as a 
multi-trade worker. A certified multi-trade worker who re-
ceives a pay grade promotion under the demonstration 
project must use each new skill during at least 25 percent 
of the worker’s work week. 
(d) FUNDING SOURCE.—Amounts appropriated for op-
eration and maintenance of the Naval Aviation Depots se-
lected to participate in the demonstration project shall be 
used as the source of funds to carry out the demonstration 
project, including the source of funds for pay increases 
made under the project. 
(e) DURATION.—The demonstration project shall be 
conducted during fiscal years 2004 through 2006.
(f) REPORT.—Not later than January 15, 2007, the 
Secretary shall submit a report to Congress describing the 
results of the demonstration project. 
(g) GAO EVALUATION.—The Secretary shall transmit 
a copy the report to the Comptroller General. Within 90 
days after receiving a report, the Comptroller General shall 
submit to Congress an evaluation of the report. 
Subtitle D—Information 
Technology
SEC. 331. PERFORMANCE-BASED AND RESULTS-BASED MAN-
AGEMENT REQUIREMENTS FOR CHIEF INFOR-
MATION OFFICERS OF DEPARTMENT OF DE-
FENSE. 
(a) ACCOUNTABILITY.—Section 2223 of title 10, 
United States Code, is amended—
(1) by redesignating subsection (c) as subsection 
(e); and 
(2) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) PERFORMANCE-BASED AND RESULTS-BASED MAN-
AGEMENT.—In addition to the responsibilities provided for 
in subsections (a) and (b), the Chief Information Officer 
of the Department of Defense and the Chief Information Of-
ficer of a military department shall—
‘‘(1) encourage the use of performance-based and 
results-based management in fulfilling the responsibil-
ities provided for in subsections (a) and (b), as appli-
cable; 
‘‘(2) evaluate the information resources manage-
ment practices of the department concerned with re-
spect to the performance and results of the invest-
ments made by the department in information tech-
nology; 
‘‘(3) establish effective and efficient capital plan-
ning processes for selecting, managing, and evalu-
ating the results of all of the department’s major in-
vestments in information systems; 
‘‘(4) ensure that any analysis of the missions of 
the department is adequate and make recommenda-
tions, as appropriate, on the department’s mission-re-
lated processes, administrative processes, and any sig-
nificant investments in information technology to be 
used in support of those missions; and 
‘‘(5) ensure that information security policies, 
procedures, and practices are adequate.’’. 
(b) DEFENSE AGENCY RESPONSIBILITIES.—Section 
2223 of title 10, United States Code, is further amended 
by inserting after subsection (c), as added by subsection (a), 
the following new subsection:
‘‘(d) DEFENSE AGENCIES AND FIELD ACTIVITIES.—
The Secretary of Defense shall require the Director of each 
Defense Agency and Department of Defense Field Activity 
to ensure that the responsibilities set forth in subsections 
(b) and (c) for Chief Information Officers of military de-
partments are carried out within the Agency or Field Activ-
ity by any officer or employee acting as a chief information 
officer or carrying out duties similar to a chief information 
officer.’’. 
Subtitle E—Other Matters
SEC. 341. CATALOGING AND STANDARDIZATION FOR DE-
FENSE SUPPLY MANAGEMENT. 
(a) STANDARDIZATION METHODS.—Section 2451 of 
title 10, United States Code, is amended to read as follows: 
‘‘§ 2451. Defense supply management 
‘‘(a) SINGLE CATALOG SYSTEM.—The Secretary of De-
fense shall adopt, implement and maintain a single catalog 
system for standardizing supplies for the Department of De-
fense. The single catalog system shall be used for each sup-
ply the Department uses, buys, stocks, or distributes. 
‘‘(b) STANDARDIZATION
REQUIREMENTS.—To the 
highest degree practicable, the Secretary of Defense shall—
‘‘(1) adopt and use single commercial standards 
or voluntary standards, in consultation with industry 
advisory groups, in order to eliminate overlapping
and duplicate specifications for supplies for the De-
partment of Defense and to reduce the number of sizes 
and kind of supplies that are generally similar; 
‘‘(2) standardize the methods of packing, pack-
aging, and preserving supplies; and 
‘‘(3) make efficient use of the services and facili-
ties for inspecting, testing, and accepting supplies. 
‘‘(c) CONSULTATION
AND COOPERATION.—The Sec-
retary of Defense shall maintain liaison with industry ad-
visory groups to coordinate the development of the supply 
catalog and the standardization program with the best 
practices of industry and to obtain the fullest practicable 
cooperation and participation of industry in developing the 
supply catalog and the standardization program.’’. 
(b) EQUIPMENT STANDARDIZATION WITH NATO MEM-
BERS.—Section 2457 of such title is amended by striking 
subsection (d). 
(c) CONFORMING REPEALS.—(1) Chapter 145 of such 
title is amended by striking sections 2452, 2453, and 2454. 
(2) The table of sections at the beginning of such chap-
ter is amended by striking the items related to sections 
2452, 2453, and 2454.
SEC. 342. SPACE-AVAILABLE TRANSPORTATION FOR DE-
PENDENTS OF MEMBERS ASSIGNED TO OVER-
SEAS DUTY LOCATIONS FOR CONTINUOUS PE-
RIOD IN EXCESS OF ONE YEAR. 
(a) IN GENERAL.—Chapter 157 of title 10, United 
States Code, is amended by adding at the end the following 
new section:
‘‘§ 2648. Dependents of members assigned to overseas 
duty locations for continuous period in ex-
cess of one year: space-available transpor-
tation 
‘‘(a) AUTHORITY.—The Secretary of Defense shall au-
thorize travel on Government aircraft on a space-available 
basis for dependents of members on active duty assigned 
to duty at an overseas location as described in subsection 
(b) to the same extent as such travel is authorized for a 
dependent of a member assigned to that duty location in 
a permanent change of station status. 
‘‘(b) DUTY STATUS COVERED.—Duty at an overseas 
location described in this subsection is duty for a contin-
uous period in excess of one year that is in a temporary 
duty status or that is in a permanent duty status without 
change of station. 
‘‘(c) TYPES OF TRANSPORTATION AUTHORIZED.—If 
authorized for other members at that duty location, travel 
provided under this section may include (1) travel between
the overseas duty location and the United States and re-
turn, and (2) travel between the overseas duty location and 
another overseas location and return. 
‘‘(d) ALASKA AND HAWAII.—For purposes of this sec-
tion, duty in Alaska or Hawaii shall be considered to be 
duty at an overseas location.’’.
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding 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.’’.
SEC. 343. PRESERVATION OF AIR FORCE RESERVE WEATH-
ER RECONNAISSANCE MISSION. 
The Secretary of Defense shall not disestablish, dis-
continue, or transfer the weather reconnaissance mission of 
the Air Force Reserve unless the Secretary determines that 
another organization or entity can demonstrate that it has 
the capability to perform the same mission with the same 
capability as the Air Force Reserve.
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2004, as follows: 
(1) The Army, 482,375.
(2) The Navy, 375,700. 
(3) The Marine Corps, 175,000. 
(4) The Air Force, 361,268. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Effective October 1, 2003, section 691(b) of title 10, 
United States Code, is amended as follows: 
(1) ARMY.—Paragraph (1) is amended by strik-
ing ‘‘480,000’’ and inserting ‘‘482,375’’. 
(2) AIR FORCE.—Paragraph (4) is amended by 
striking ‘‘359,000’’ and inserting ‘‘361,268’’.
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2004, as follows: 
(1) The Army National Guard of the United 
States, 350,000. 
(2) The Army Reserve, 205,000. 
(3) The Naval Reserve, 85,900. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 107,000. 
(6) The Air Force Reserve, 75,800. 
(7) The Coast Guard Reserve, 10,000.
(b) ADJUSTMENTS.—The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve compo-
nent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such 
component which are on active duty (other than for 
training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end 
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be proportionately in-
creased by the total authorized strengths of such units and 
by the total number of such individual members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), 
the reserve components of the Armed Forces are authorized, 
as of September 30, 2004, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in
the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 25,386. 
(2) The Army Reserve, 14,374. 
(3) The Naval Reserve, 14,384. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 12,140. 
(6) The Air Force Reserve, 1,660. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2004 for the reserve 
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army National Guard of the 
United States, 24,589. 
(2) For the Army Reserve, 7,844. 
(3) For the Air National Guard of the 
United States, 22,806. 
(4) For the Air Force Reserve, 9,991.
SEC. 414. FISCAL YEAR 2004 LIMITATION ON NON-DUAL STA-
TUS TECHNICIANS. 
The number of non-dual status technicians of a reserve 
component of the Army or the Air Force as of September 
30, 2004, may not exceed the following: 
(1) For the Army Reserve, 910. 
(2) For the Army National Guard of the United 
States, 1,600. 
(3) For the Air Force Reserve, 90. 
(4) For the Air National Guard of the United 
States, 350.
SEC. 415. PERMANENT LIMITATIONS ON NUMBER OF NON-
DUAL STATUS TECHNICIANS. 
Section 10217(c) of title 10, United States Code, is 
amended by striking ‘‘and Air Force Reserve may not ex-
ceed 175’’ and inserting ‘‘may not exceed 595 and by the 
Air Force Reserve may not exceed 90’’.
Subtitle C—Authorizations of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel for fiscal year 
2004 a total of $98,938,511,000. The authorization in the 
preceding sentence supersedes any other authorization of 
appropriations (definite or indefinite) for such purpose for 
fiscal year 2004.
SEC. 422. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal 
year 2004 from the Armed Forces Retirement Home Trust 
Fund the sum of $65,279,000 for the operation of the Armed 
Forces Retirement Home.
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—General and Flag 
Officer Matters
SEC. 501. STANDARDIZATION OF QUALIFICATIONS FOR AP-
POINTMENT AS SERVICE CHIEF. 
(a) 
CHIEF
OF
NAVAL
OPERATIONS.—Section 
5033(a)(1) of title 10, United States Code, is amended by 
striking ‘‘from officers on the active-duty list in the line 
of the Navy who are eligible to command at sea and who 
hold the grade of rear admiral or above’’ and inserting ‘‘flag 
officers of the Navy’’. 
(b) COMMANDANT OF THE MARINE CORPS.—Section 
5043(a)(1) of title 10, United States Code, is amended by 
striking ‘‘from officers on the active-duty list of the Marine 
Corps not below the grade of colonel’’ and inserting ‘‘general 
officers of the Marine Corps’’.
Subtitle B—Other Officer Personnel 
Policy Matters 
SEC. 511. REPEAL OF PROHIBITION ON TRANSFER BE-
TWEEN LINE OF THE NAVY AND NAVY STAFF 
CORPS APPLICABLE TO REGULAR NAVY OFFI-
CERS IN GRADES ABOVE LIEUTENANT COM-
MANDER. 
(a) REPEAL.—Section 5582 of title 10, United States 
Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 539 of such title is amended by 
striking the item relating to section 5582.
SEC. 512. RETENTION OF HEALTH PROFESSIONS OFFICERS 
TO FULFILL ACTIVE-DUTY SERVICE COMMIT-
MENTS FOLLOWING PROMOTION NONSELEC-
TION. 
(a) IN GENERAL.—Section 632 of title 10, United 
States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘except as 
provided in paragraph (3) and in subsection (c),’’ be-
fore ‘‘be discharged’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(c)(1) If a health professions officer described in para-
graph (2) is subject to discharge under subsection (a)(1)
and, as of the date on which the officer is to be discharged 
under that paragraph, the officer has not completed a pe-
riod of active duty service obligation that the officer in-
curred under section 2005, 2114, 2123, or 2603 of this title, 
the officer shall be retained on active duty until completion 
of such active duty service obligation, and then be dis-
charged under that subsection, unless sooner retired or dis-
charged under another provision of law. 
‘‘(2) The Secretary concerned may waive the applica-
bility of paragraph (1) to any officer if the Secretary deter-
mines that completion of the active duty service obligation 
of that officer is not in the best interest of the service. 
‘‘(3) This subsection applies to a medical officer or 
dental officer or an officer appointed in a medical skill 
other than as a medical officer or dental officer (as defined 
in regulations prescribed by the Secretary of Defense).’’. 
(b) 
TECHNICAL
AMENDMENTS.—Sections 
630(2), 
631(a)(3), and 632(a)(3) of such title are amended by strik-
ing ‘‘clause’’ and inserting ‘‘paragraph’’. 
(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall not apply in the case of an officer who 
as of the date of the enactment of this Act is required to 
be discharged under section 632(a)(1) of title 10, United 
States Code, by reason of having failed of selection for pro-
motion to the next higher regular grade a second time.
SEC. 513. INCREASED FLEXIBILITY FOR VOLUNTARY RE-
TIREMENT FOR MILITARY OFFICERS. 
(a) IN GENERAL.—Section 1370 of title 10, United 
States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘except as provided in 
paragraph (2)’’ and inserting ‘‘subject to 
paragraphs (2) and (3)’’; and 
(ii) by striking ‘‘, for not less than six 
months’’; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by striking paragraph (2) and inserting 
the following: 
‘‘(2) In order to be eligible for voluntary retirement 
under this title in a grade below the grade of lieutenant 
colonel or commander, a commissioned officer of the Army, 
Navy, Air Force, or Marine Corps covered by paragraph 
(1) must have served on active duty in that grade for not 
less than six months. 
‘‘(3)(A) In order to be eligible for voluntary retirement 
in a grade above major or lieutenant commander and below 
brigadier general or rear admiral (lower half), a commis-
sioned officer of the Army, Navy, Air Force, or Marine 
Corps covered by paragraph (1) must have served on active
duty in that grade for not less than three years, except that 
the Secretary of Defense may authorize the Secretary of the 
military department concerned to reduce such period to a 
period not less than two years. 
‘‘(B) In order to be eligible for voluntary retirement 
in a grade above colonel or captain, in the case of the Navy, 
a commissioned officer of the Army, Navy, Air Force, or 
Marine Corps covered by paragraph (1) must have served 
on active duty in that grade for not less than one year. 
‘‘(C) An officer in a grade above major general or rear 
admiral may be retired in the highest grade in which the 
officer served on active duty satisfactorily for not less than 
one year, upon approval by the Secretary of the military 
department concerned and concurrence by the Secretary of 
Defense. The function of the Secretary of Defense under the 
preceding sentence may only be delegated to a civilian offi-
cial in the Office of the Secretary of Defense appointed by 
the President, by and with the advice and consent of the 
Senate. 
‘‘(D) The President may waive subparagraph (A), (B) 
or (C) in individual cases involving extreme hardship or 
exceptional or unusual circumstances. The authority of the 
President under the preceding sentence may not be dele-
gated.’’;
(2) in subsection (b), by inserting ‘‘or whose 
service on active duty in that grade was not deter-
mined to be satisfactory by the Secretary of the mili-
tary department concerned’’ after ‘‘specified in sub-
section (a)’’; 
(3) by striking subsection (c); and 
(4) by redesignating subsection (d) as subsection 
(c) and in that subsection—
(A) in paragraph (3)—
(i) in subparagraph (A)—
(I) 
by 
inserting 
‘‘(i)’’ 
after 
‘‘(3)(A)’’; 
(II) by inserting ‘‘and below brig-
adier general or rear admiral (lower 
half)’’ after ‘‘lieutenant commander’’; 
(III) by inserting ‘‘, except that 
the Secretary of Defense may authorize 
the Secretary of the military depart-
ment concerned to reduce such period 
to a period not less than two years’’ 
after ‘‘three years’’; and 
(IV) by adding at the end the fol-
lowing new clauses: 
‘‘(ii) In order to be credited with satisfactory service 
in a grade above colonel or captain, in the case of the Navy,
a person covered by paragraph (1) must have served satis-
factorily in that grade (as determined by the Secretary of 
the military department concerned) as a reserve commis-
sioned officer in active status, or in a retired status on ac-
tive duty, for not less than one year. 
‘‘(iii) An officer covered by paragraph (1) who is in 
a grade above the grade of major general or rear admiral 
may be retired in the highest grade in which the officer 
served satisfactorily for not less than one year, upon ap-
proval by the Secretary of the military department con-
cerned and concurrence by the Secretary of Defense. The 
function of the Secretary of Defense under the preceding 
sentence may only be delegated to a civilian official in the 
Office of the Secretary of Defense appointed by the presi-
dent, by and with the advice and consent of the Senate.’’; 
(ii) in subparagraphs (D) and (E), by 
striking subparagraph (A)’’ and inserting 
‘‘subparagraph (A)(i)’’; and 
(iii) by striking subparagraph (F); 
and 
(B) by striking paragraphs (5) and (6); and 
(5) by striking subsection (e). 
(b) CONFORMING AMENDMENTS.—Section 1406(i)(2) 
of such title is amended—
(1) in the paragraph heading, by striking ‘‘MEM-
BERS’’ and all that follows through ‘‘SATISFAC-
TORILY’’ and inserting ‘‘ENLISTED
MEMBERS
RE-
DUCED IN GRADE’’; 
(2) by striking ‘‘a member’’ and inserting ‘‘an 
enlisted member’’; 
(3) by striking ‘‘1998—’’ and all that follows 
through ‘‘is reduced in’’ and inserting ‘‘1998, is re-
duced in’’; 
(4) by striking ‘‘; or’’ and inserting a period; 
and 
(5) by striking subparagraph (B). 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to the determination of the 
retired grade of members of the Armed Forces retiring on 
or after the date of the enactment of this Act.
Subtitle C—Reserve Component 
Matters 
SEC. 521. STREAMLINED PROCESS FOR CONTINUATION OF 
OFFICERS ON THE RESERVE ACTIVE-STATUS 
LIST. 
(a) REPEAL OF REQUIREMENT FOR USE OF SELEC-
TION BOARDS.—Section 14701 of title 10, United States 
Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘by a se-
lection board convened under section 14101(b) of 
this title’’ and inserting ‘‘under regulations pre-
scribed by the Secretary of Defense; and 
(B) in paragraph (6), by striking ‘‘as a re-
sult of the convening of a selection board under 
section 14101(b) of this title’’ and inserting 
‘‘under regulations prescribed under paragraph 
(1)’’; 
(2) by striking subsections (b) and (c); and 
(3) by redesignating subsection (d) as subsection 
(b).
(b) CONFORMING AMENDMENTS.—(1) Section 14101(b) 
of such title is amended—
(A) by striking ‘‘CONTINUATION BOARDS’’ and 
inserting ‘‘SELECTIVE EARLY SEPARATION BOARDS’’; 
(B) by striking paragraph (1); 
(C) by redesignating paragraphs (2) and (3) as 
paragraphs (1) and (2), respectively; and 
(D) by striking the last sentence. 
(2) Section 14102(a) of such title is amended by strik-
ing ‘‘Continuation boards’’ and inserting ‘‘Selection boards 
convened under section 14101(b) of this title’’.
(3) Section 14705(b)(1) of such title is amended by 
striking ‘‘continuation board’’ and inserting ‘‘selection 
board’’.
SEC. 522. CONSIDERATION OF RESERVE OFFICERS FOR PO-
SITION VACANCY PROMOTIONS IN TIME OF 
WAR OR NATIONAL EMERGENCY. 
(a) PROMOTION CONSIDERATION WHILE ON ACTIVE-
DUTY LIST.—(1) Subsection (d) of section 14317 of title 
10, United States Code, is amended by striking ‘‘If a reserve 
officer’’ and inserting ‘‘Except as provided in subsection (e), 
if a reserve officer’’. 
(2) Subsection (e) of such section is amended to read 
as follows: 
‘‘(e) OFFICERS ORDERED TO ACTIVE DUTY IN TIME 
OF WAR OR NATIONAL EMERGENCY.—(1) A reserve officer 
who is not on the active-duty list and who is ordered to 
active duty in time of war or national emergency may, if 
eligible, be considered for promotion—
‘‘(A) by a mandatory promotion board convened 
under section 14101(a) of this title or a special selec-
tion board convened under section 14502 of this title; 
or 
‘‘(B) in the case of an officer who has been or-
dered to or is serving on active duty in support of a
contingency operation, by a vacancy promotion board 
convened under section 14101(a) of this title. 
‘‘(2) An officer may not be considered for promotion 
under this subsection after the end of the two-year period 
beginning on the date on which the officer is ordered to ac-
tive duty. 
‘‘(3) An officer may not be considered for promotion 
under this subsection during a period when the operation 
of this section has been suspended by the President under 
the provisions of section 123 or 10213 of this title. 
‘‘(4) Consideration of an officer for promotion under 
this subsection shall be under regulations prescribed by the 
Secretary of the military department concerned.’’. 
(b) CONFORMING AMENDMENT.—Section 14315(a)(1) 
of such title is amended by striking ‘‘as determined by the 
Secretary concerned, is available’’ and inserting ‘‘under 
regulations prescribed by the Secretary concerned, has been 
recommended’’. 
SEC. 523. SIMPLIFICATION OF DETERMINATION OF ANNUAL 
PARTICIPATION FOR PURPOSES OF READY 
RESERVE TRAINING REQUIREMENTS. 
Subsection (a) of section 10147 of title 10, United 
States Code, is amended to read as follows: 
‘‘(a)(1) Except as provided pursuant to paragraph (2), 
each person who is enlisted, inducted, or appointed in an
armed force and who becomes a member of the Ready Re-
serve under any provision of law other than section 513 
or 10145(b) of this title shall be required, while in the 
Ready Reserve, to participate in a combination of drills, 
training periods, and active duty equivalent to 38 days (ex-
clusive of travel) during each year. 
‘‘(2) The Secretary of Defense, and the Secretary of 
Homeland Security with respect to the Coast Guard when 
it is not operating as a service in the Navy, may prescribe 
regulations providing specific exceptions for the require-
ments of paragraph (1).’’.
SEC. 524. AUTHORITY FOR DELEGATION OF REQUIRED SEC-
RETARIAL SPECIAL FINDING FOR PLACE-
MENT OF CERTAIN RETIRED MEMBERS IN 
READY RESERVE. 
The last sentence of section 10145(d) of title 10, United 
States Code, is amended to read as follows: ‘‘The authority 
of the Secretary concerned under the preceding sentence 
may not be delegated—
‘‘(1) to a civilian officer or employee of the mili-
tary department concerned below the level of the As-
sistant Secretary of the military department con-
cerned; or 
‘‘(2) to a member of the armed forces below the 
level of the lieutenant general or vice admiral in an
armed force with responsibility for military personnel 
policy in that armed force.’’.
SEC. 525. AUTHORITY TO PROVIDE EXPENSES OF ARMY AND 
AIR 
STAFF 
PERSONNEL 
AND 
NATIONAL 
GUARD BUREAU PERSONNEL ATTENDING NA-
TIONAL CONVENTIONS OF CERTAIN MILI-
TARY ASSOCIATIONS. 
(a) AUTHORITY.—Section 107(a)(2) of title 32, United 
States Code, is amended—
(1) by striking ‘‘officers’’ and inserting ‘‘mem-
bers’’; 
(2) by striking ‘‘Army General Staff’’ and in-
serting ‘‘Army Staff’’; and 
(3) by striking ‘‘National Guard Association of 
the United States’’ and inserting ‘‘, Enlisted Associa-
tion of the National Guard of the United States, Na-
tional Guard Association of the United States,’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall not apply with respect to funds appro-
priated for a fiscal year before fiscal year 2004.
Subtitle D—Military Education and 
Training 
SEC. 531. AUTHORITY FOR THE MARINE CORPS UNIVERSITY 
TO AWARD THE DEGREE OF MASTER OF 
OPERATIONAL STUDIES. 
(a) AUTHORITY.—Section 7102 of title 10, United 
States Code, is amended—
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) COMMAND AND STAFF COLLEGE OF THE MARINE 
CORP UNIVERSITY.—Upon the recommendation of the Di-
rector and faculty of the Command and Staff College of the 
Marine Corps University, the President of the Marine Corps 
University may confer the degree of master of operational 
studies upon graduates of the Command and Staff College’s 
School of Advanced Warfighting who fulfill the require-
ments for that degree.’’. 
(b) EFFECTIVE DATE.—The authority to confer the de-
gree of master of operational studies under section 7102(c) 
of title 10, United States Code (as added by subsection (a)) 
may not be exercised until the Secretary of Education deter-
mines, and certifies to the President of the Marine Corps 
University, that the requirements established by the Com-
mand and General Staff College of the Marine Corps Uni-
versity for that degree are in accordance with generally ap-
plicable requirements for a degree of master of arts. Upon 
receipt of such a certification, the President of the Univer-
sity shall promptly transmit a copy of the certification to 
the Committee on Armed Services of the Senate and Com-
mittee on Armed Services of the House of Representatives.
SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE AUTHOR-
ITY FOR CADETS AND MIDSHIPMEN RECEIV-
ING ROTC SCHOLARSHIPS. 
(a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE 
ON ACTIVE DUTY.—Section 2107(c) of title 10, United 
States Code, is amended by adding at the end the following 
new paragraphs: 
‘‘(3) In the case of a cadet or midshipman eligible to 
receive financial assistance under paragraph (1) or (2), the 
Secretary of the military department concerned may, in 
lieu of all or part of the financial assistance described in 
paragraph (1), provide financial assistance in the form of 
room and board expenses for the cadet or midshipman and 
other expenses required by the educational institution. 
‘‘(4) The total amount of financial assistance, includ-
ing the payment of room and board and other educational 
expenses, provided to a cadet or midshipman in an aca-
demic year under this subsection may not exceed an amount
equal to the amount that could be provided as financial 
assistance for such cadet or midshipman under paragraph 
(1) or (2), or other amount determined by the Secretary 
concerned, without regard to whether room and board and 
other educational expenses for such cadet or midshipman 
are paid under paragraph (3).’’. 
‘‘(b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE 
IN TROOP PROGRAM UNITS.—Section 2107a(c) of such title 
is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following new para-
graphs: 
‘‘(2) In the case of a cadet eligible to receive financial 
assistance under paragraph (1), the Secretary of the mili-
tary department concerned may, in lieu of all or part of 
the financial assistance described in paragraph (1), provide 
financial assistance in the form of room and board expenses 
for such cadet and other expenses required by the edu-
cational institution. 
‘‘(3) The total amount of financial assistance, includ-
ing the payment of room and board and any other edu-
cational expenses, provided to a cadet in an academic year 
under this subsection may not exceed an amount equal to 
the amount that could be provided as financial assistance 
for such cadet under paragraph (1), or other amount deter-
100
mined by the Secretary of the Army, without regard to 
whether the room and board and other educational expenses 
for such cadet are paid under paragraph (2).’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to payment of expenses of cadets and 
midshipmen of the Senior Reserve Officers’ Training Corps 
program that are due after the date of the enactment of 
this Act.
SEC. 533. INCREASE IN ALLOCATION OF SCHOLARSHIPS 
UNDER ARMY RESERVE ROTC SCHOLARSHIP 
PROGRAM TO STUDENTS AT MILITARY JUN-
IOR COLLEGES. 
Section 2107a(h) of title 10, United States Code, 
is amended by striking ‘‘10’’ each place it appears 
and inserting ‘‘17’’. 
SEC. 534. INCLUSION OF ACCRUED INTEREST IN AMOUNTS 
THAT MAY BE REPAID UNDER SELECTED RE-
SERVE CRITICAL SPECIALTIES EDUCATION 
LOAN REPAYMENT PROGRAM. 
Section 16301 of title 10, United States Code, is 
amended—
(1) in subsection (b), by inserting before the pe-
riod at the end the following: ‘‘, plus the amount of 
any interest that may accrue during the current 
year’’; and
101
(2) in subsection (c), by adding at the end the 
following new sentence: ‘‘For the purposes of this sec-
tion, any interest that has accrued on the loan for pe-
riods before the current year shall be considered as 
within the total loan amount that shall be repaid.’’.
SEC. 535. AUTHORITY FOR NONSCHOLARSHIP SENIOR ROTC 
SOPHOMORES TO VOLUNTARILY CONTRACT 
FOR AND RECEIVE SUBSISTENCE ALLOW-
ANCE.
(a) AUTHORITY FOR ALLOWANCE.—Section 209 of title 
37, United States Code, is amended—
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) NONSCHOLARSHIP SENIOR ROTC MEMBERS NOT 
IN ADVANCED TRAINING.—A member of the Selected Reserve 
Officers’ Training Corps who has entered into an agreement 
under section 2103a of title 10 is entitled to a monthly sub-
sistence allowance at a rate prescribed under subsection (a). 
The allowance may be paid to the member for a maximum 
of 20 months.’’. 
(b) AUTHORITY TO ACCEPT ENROLLMENT.—(1) Chap-
ter 103 of title 10, United States Code, is amended by in-
serting after section 2103 the following new section:
102
‘‘§ 2103a. Students not eligible for advanced training: 
commitment to military service 
‘‘(a) A member of the program who has completed suc-
cessfully the first year of a four-year Senior Reserve Offi-
cers’ Training Corps course and who is not eligible for ad-
vanced training under section 2104 of this title and is not 
a cadet or midshipman appointed under section 2107 of 
this title may—
‘‘(1) contract with the Secretary of the military 
department concerned, or the Secretary’s designated 
representative, to serve for the period required by the 
program; and 
‘‘(2) agree in writing to accept an appointment, 
if offered, as a commissioned officer in the Army, 
Navy, Air Force, or Marine Corps, as the case may 
be, and to serve in the armed forces for the period 
prescribed by the Secretary. 
‘‘(b) A member of the program may enter into a con-
tract and agreement under this section (and receive a sub-
sistence allowance under section 209(c) of title 37) only if 
the person—
‘‘(1) is a citizen of the United States; 
‘‘(2) enlists in an armed force under the jurisdic-
tion of the Secretary of the military department con-
cerned for the period prescribed by the Secretary; and
103
‘‘(3) executes a certificate of loyalty in such form 
as the Secretary of Defense prescribes or take a loy-
alty oath as prescribed by the Secretary. 
‘‘(c) A member of the program who is a minor may 
enter into a contract under subsection (a)(1) only with the 
consent of the member’s parent or guardian.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2103a. Students not eligible for advanced training: commitment to military serv-
ice.’’.
SEC. 536. APPOINTMENTS TO MILITARY SERVICE ACAD-
EMIES FROM NOMINATIONS MADE BY DELE-
GATES FROM GUAM, VIRGIN ISLANDS, AND 
AMERICAN SAMOA. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
4342(a) of title 10, United States Code, is amended—
(1) in paragraphs (6) and (8), by striking 
‘‘Two’’ and inserting ‘‘Three’’; and 
(2) in paragraph (9), by striking ‘‘One’’ and in-
serting ‘‘Two’’. 
(b) UNITED
STATES
NAVAL
ACADEMY.—Section 
6954(a) of such title is amended—
(1) in paragraphs (6) and (8), by striking 
‘‘Two’’ and inserting ‘‘Three’’; and 
(2) in paragraph (9), by striking ‘‘One’’ and in-
serting ‘‘Two’’.
104
(c) UNITED STATES AIR FORCE ACADEMY.—Section 
9342(a) of such title is amended—
(1) in paragraphs (6) and (8), by striking 
‘‘Two’’ and inserting ‘‘Three’’; and 
(2) in paragraph (9), by striking ‘‘One’’ and in-
serting ‘‘Two’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to the nomination of can-
didates for appointment to the United States Military 
Academy, the United States Naval Academy, and the 
United States Air Force Academy for classes entering those 
academies after the date of the enactment of this Act.
SEC. 537. READMISSION TO SERVICE ACADEMIES OF CER-
TAIN FORMER CADETS AND MIDSHIPMEN. 
(a) INSPECTOR GENERAL REPORT AS BASIS FOR RE-
ADMISSION.—(1) When a formal report by an Inspector 
General within the Department of Defense concerning the 
circumstances of the separation of a cadet or midshipman 
from one of the service academies contains a specific finding 
specified in paragraph (2), the Secretary of the military 
department concerned may use that report as the sole basis 
for readmission of the former cadet or midshipman to the 
respective service or service academy.
105
(2) A finding specified in this paragraph is a finding 
that substantiates that a former service academy cadet or 
midshipman, while attending the service academy—
(A) received administrative or punitive action or 
nonjudicial punishment as a result of reprisal; 
(B) resigned in lieu of disciplinary, administra-
tive, or other action that the formal report concludes 
constituted a threat of reprisal; or 
(C) otherwise suffered an injustice that contrib-
uted to the resignation of the cadet or midshipman. 
(b) READMISSION.—In the case of a formal report by 
an Inspector General described in subsection (a), the Sec-
retary concerned shall offer the former cadet or midshipman 
an opportunity for readmission to the service academy from 
which the former cadet or midshipman resigned, if the 
former cadet or midshipman is otherwise eligible for such 
readmission.
(c) APPLICATIONS FOR READMISSION.—A former cadet 
or midshipman described in a report referred to in sub-
section (a) may apply for readmission to the service acad-
emy on the basis of that report and shall not be required 
to submit the request for readmission through a board for 
the correction of military records. 
(d) REGULATIONS
TO MINIMIZE ADVERSE IMPACT 
UPON READMISSION.—The Secretary of each military de-
106
partment shall prescribe regulations for the readmission of 
a former cadet or midshipman described in subsections (a), 
with the goal, to the maximum extent practicable, of re-
admitting the former cadet or midshipman at no loss of 
the academic or military status held by the former cadet 
at the time of resignation. 
(e) CONSTRUCTION WITH OTHER REMEDIES.—This 
section does not preempt or supercede any other remedy that 
may be available to a former cadet or midshipman. 
(f) SERVICE ACADEMIES.—In this section, the term 
‘‘service academy’’ means the following: 
(1) The United States Military Academy. 
(2) The United States Naval Academy. 
(3) The United States Air Force Academy.
SEC. 538. AUTHORIZATION FOR NAVAL POSTGRADUATE 
SCHOOL TO PROVIDE INSTRUCTION TO EN-
LISTED MEMBERS PARTICIPATING IN CER-
TAIN PROGRAMS. 
(a) INSTRUCTION
OF ENLISTED MEMBERS.—Sub-
section (a) of section 7045 of title 10, United States Code, 
is amended by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) The Secretary may permit enlisted members of 
the armed forces to receive instruction at the Naval Post-
graduate School for the purpose of attending—
107
‘‘(A) executive level seminars; or 
‘‘(B) the information security scholarship pro-
gram under chapter 112 of this title. 
‘‘(3) In addition to instruction authorized under para-
graph (2), the Secretary may, on a space-available basis, 
permit an enlisted member of any of the armed forces to 
receive instruction at the Naval Postgraduate School if the 
member is assigned permanently to the staff of the Naval 
Postgraduate School or to a nearby command.’’.
(b) REIMBURSEMENT.—Subsection (b) of such section 
is amended—
(1) by striking ‘‘The Department’’ and inserting 
‘‘(1) Except as provided under paragraph (3), the De-
partment ’’; 
(2) by striking ‘‘officers’’ in the first sentence 
and inserting ‘‘members’’; 
(3) by designating the second sentence as para-
graph (2) and in that sentence—
(A) by inserting ‘‘under subsection (a)(3)’’ 
after ‘‘permitted’’; 
(B) by inserting ‘‘on a space-available 
basis’’ after ‘‘instruction at the Postgraduate 
School’’; and
108
(C) by striking ‘‘(taking into consideration 
the admission of enlisted members on a space-
available basis)’’; and 
(4) by adding at the end the following new para-
graph: 
‘‘(3) The Secretary of Defense may prescribe exceptions 
to the requirements of paragraph (1) with regard to attend-
ance at the Postgraduate School pursuant to chapter 112 
of this title.’’.
SEC. 539. DEFENSE TASK FORCE ON SEXUAL HARASSMENT 
AND VIOLENCE AT THE MILITARY SERVICE 
ACADEMIES. 
(a) ESTABLISHMENT.—The Secretary of Defense shall 
establish a Department of Defense task force to examine 
matters relating to sexual harassment and violence at the 
United States Military Academy and the United States 
Naval Academy. 
(b) RECOMMENDATIONS.—Not later than 12 months 
after the date on which all members of the task force have 
been appointed, the task force shall submit to the Secretary 
of Defense a report recommending ways by which the De-
partment of Defense and the military services may more 
effectively address matters relating to sexual harassment 
and violence at the United States Military Academy and 
the United States Naval Academy. The report shall include
109
an assessment of, and recommendations (including changes 
in law) for measures to improve, the following with respect 
to sexual harassment and violence at those academies: 
(1) Victims’ safety programs. 
(2) Offender accountability. 
(3) Effective prevention of sexual harassment 
and violence. 
(4) Collaboration among military organizations 
with responsibility or jurisdiction with respect to sex-
ual harassment and violence. 
(5) Coordination between military and civilian 
communities, including local support organizations, 
with respect to sexual harassment and violence. 
(6) Coordination between military and civilian 
communities, including civilian law enforcement re-
lating to acts of sexual harassment and violence. 
(7) Data collection and case management and 
tracking. 
(8) Curricula and training, including standard 
training programs for cadets at the United States 
Military Academy and midshipmen at the United 
States Naval Academy and for permanent personnel 
assigned to those academies. 
(9) Responses to sexual harassment and violence 
at those academies, including standard guidelines.
111
fense database known as the Defense Incident-Based 
Reporting System. 
(3) Within 90 days of receipt of the report under para-
graph (1) the Secretary of Defense shall submit the report, 
together with the Secretary’s evaluation of the report, to the 
Committees on Armed Services of the Senate and House of 
Representatives. 
(e) REPORT
ON AIR FORCE ACADEMY.—Simulta-
neously with the submission of the report under subsection 
(d)(3), the Secretary of Defense, in coordination with the 
Secretary of the Air Force, shall submit to the committees 
specified in that subsection the Secretary’s assessment of the 
effectiveness of corrective actions being taken at the United 
States Air Force Academy as a result of various investiga-
tions conducted at that Academy into matters involving sex-
ual assault and harassment. 
(f) COMPOSITION.—(1) The task force shall consist of 
not more than 14 members, to be appointed by the Secretary 
of Defense. Members shall be appointed from each of the 
Army, Navy, Air Force, and Marine Corps, and shall in-
clude an equal number of personnel of the Department of 
Defense (military and civilian) and persons from outside 
the Department of Defense. Members appointed from outside 
the Department of Defense may be appointed from other
112
Federal departments and agencies, from State and local 
agencies, or from the private sector. 
(2) The Secretary shall ensure that the membership of 
the task force appointed from the Department of Defense 
includes at least one judge advocate. 
(3) In appointing members to the task force, the Sec-
retary may—
(A) consult with the Attorney General regarding 
a representative from the Office of Violence Against 
Women of the Department of Justice; and 
(B) consult with the Secretary of Health and 
Human Services regarding a representative from the 
Women’s Health office of the Department of Health 
and Human Services. 
(4) Each member of the task force appointed from out-
side the Department of Defense shall be an individual who 
has demonstrated expertise in the area of sexual harassment 
and violence or shall be appointed from one of the following: 
(A) A representative from the Office of Civil 
Right in the Department of Education. 
(B) A representative from the Center for Disease 
Control. 
(C) A sexual assault policy and advocacy orga-
nization. 
(D) A civilian law enforcement agency.
113
(E) A judicial policy organization. 
(F) A national crime victim policy organization. 
(5) The members of the task force shall be appointed 
not later than 120 days after the date of the enactment of 
this Act. 
(g) CO-CHAIRS OF THE TASK FORCE.—There shall be 
two co-chairs of the task force. One of the co-chairs shall 
be designated by the Secretary of the Defense at the time 
of appointment from among the Department of Defense per-
sonnel on the task force. The other co-chair shall be selected 
from among the members appointed from outside the De-
partment of Defense by those members. 
(h) ADMINISTRATIVE SUPPORT.—(1) Each member of 
the task force who is a member of the Armed Forces or a 
civilian officer or employee of the United States shall serve 
without compensation (other than compensation to which 
entitled as a member of the Armed Forces or an officer or 
employee of the United States, as the case may be). Other 
members of the task force shall be appointed in accordance 
with, and subject to, section 3161 of title 5, United States 
Code. 
(2) The Deputy Under Secretary of Defense for Per-
sonnel and Readiness, under the direction of the Under Sec-
retary of Defense for Personnel and Readiness, shall provide 
oversight of the task force. The Washington Headquarters
114
Service of the Department of Defense shall provide the task 
force with personnel, facilities, and other administrative 
support as necessary for the performance of the task force’s 
duties. 
(3) The Deputy Under Secretary shall coordinate with 
the Secretary of the Army to provide visits of the task force 
to the United States Military Academy and with the Sec-
retary of the Navy to provide visits of the task force to the 
United States Naval Academy. 
(i) TERMINATION.—The task force shall terminate 90 
days after the date on which the report of the task force 
is submitted to the Committees on Armed Services of the 
Senate and House of Representatives pursuant to subsection 
(d)(3).
Subtitle E—Administrative Matters
SEC. 541. ENHANCEMENTS TO HIGH-TEMPO PERSONNEL 
PROGRAM. 
(a) REVISIONS TO DEPLOYMENT LIMITS AND AUTHOR-
ITY TO AUTHORIZE EXEMPTIONS.—Subsection (a) of sec-
tion 991 of title 10, United States Code, is amended to read 
as follows: 
‘‘(a) SERVICE AND GENERAL OR FLAG OFFICER RE-
SPONSIBILITIES.—(1) Subject to paragraph (3), the deploy-
ment (or potential deployment) of members of the armed 
forces shall be managed to ensure that a member is not de-
115
ployed, or continued in a deployment, on any day on which 
the total number of days on which the member has been 
deployed out of the preceding 730 days would exceed the 
high-deployment threshold. 
‘‘(2) In this subsection, the term ‘high-deployment 
threshold’ means—
‘‘(A) 400 days; or 
‘‘(B) a lower number of days prescribed by the 
Secretary of Defense. 
‘‘(3) A member may be deployed, or continued in a 
deployment, without regard to paragraph (1) if the deploy-
ment, or continued deployment, is approved by the Sec-
retary of Defense. The authority of the Secretary under the 
preceding sentence may only be delegated to—
‘‘(A) a civilian officer of the Department of De-
fense appointed by the President, by and with the ad-
vise and consent of the Senate, or a member of the 
Senior Executive Service; or 
‘‘(B) a general or flag officer in that member’s 
chain of command (including an officer in the grade 
of colonel, or in the case of the Navy, captain, serving 
an in a general or flag officer position who has been 
selected for promotion to the grade of brigadier gen-
eral or rear admiral (lower half)).’’.
116
(b) CHANGES FROM PER DIEM TO HIGH-DEPLOYMENT 
ALLOWANCE.—(1) Subsection (a) of section 436 of title 37, 
United States Code, is amended to read as follows: 
‘‘(a) MONTHLY ALLOWANCE.—The Secretary of the 
military department concerned shall pay a high-deploy-
ment allowance to a member of the armed forces under the 
Secretary’s jurisdiction for each month during which the 
member—
‘‘(1) is deployed; and 
‘‘(2) at any time during that month—
‘‘(A) has been deployed for 191 or more con-
secutive days (or a lower number of consecutive 
days prescribed by the Secretary of Defense); 
‘‘(B) has been deployed, out of the preceding 
730 days, for a total of 401 or more days (or a 
lower number of days prescribed by the Secretary 
of Defense); or 
‘‘(C) in the case of a member of a reserve 
component, is on active duty under a call or 
order to active duty for a period of more than 
30 days that is the second (or later) such call or 
order to active duty (whether voluntary or invol-
untary) for that member in support of the same 
contingency operation.’’.
117
(2) Subsection (c) of such section is amended to read 
as follows: 
‘‘(c) RATE.—The monthly rate of the allowance pay-
able to a member under this section shall be determined by 
the Secretary concerned, not to exceed $1,000 per month.’’. 
(3) Such section is further amended—
(A) in subsection (d), by striking ‘‘per diem’’; 
(B) in subsection (e), by striking ‘‘per diem’’ and 
inserting ‘‘allowance’’; 
(C) in subsection (f)—
(i) by striking ‘‘per diem’’ and inserting 
‘‘allowance’’; and 
(ii) by striking ‘‘day on’’ and inserting 
‘‘month during’’; and 
(D) by adding at the end the following new sub-
section: 
‘‘(g) AUTHORITY TO EXCLUDE CERTAIN DUTY ASSIGN-
MENTS.—The Secretary concerned may exclude members 
serving in specified duty assignments from eligibility for 
the high-deployment allowance while serving in those as-
signments. Any such specification of duty assignments may 
only be made with the approval of the Secretary of Defense. 
Specification of a particular duty assignment for purposes 
of this subsection may not be implemented so as to apply
118
to the member serving in that position at the time of such 
specification.’’.
(4)(A) The heading of such section is amended to read 
as follows: 
‘‘§ 436. 
Monthly 
high-deployment 
allowance 
for 
lengthy or numerous deployments’’. 
(B) The item relating to that section in the table of 
sections at the beginning of chapter 7 of such title is amend-
ed to read as follows:
‘‘436. Monthly high-deployment allowance for lengthy or numerous deployments.’’.
(c) CHANGES TO REPORTING REQUIREMENT.—Section 
487(b)(5) of title 10, United States Code, is amended to 
read as follows: 
‘‘(5) For each of the armed forces, the description shall 
indicate, for the period covered by the report—
‘‘(A) the number of members who received the 
high-deployment allowance under section 436 of title 
37; 
‘‘(B) the number of members who received each 
rate of allowance paid; 
‘‘(C) the number of members who received the al-
lowance for one month, for two months, for three 
months, for four months, for five months, for six 
months, and for more than six months; and 
‘‘(D) the total amount spent on the allowance.’’.
119
SEC. 542. ENHANCED RETENTION OF ACCUMULATED LEAVE 
FOR HIGH-DEPLOYMENT MEMBERS. 
(a) ENHANCED AUTHORITY TO RETAIN ACCUMULATED 
LEAVE.—Paragraph (1) of section 701(f) of title 10, United 
States Code, is amended to read as follows: 
‘‘(f)(1)(A) The Secretary concerned, under uniform 
regulations to be prescribed by the Secretary of Defense, 
may authorize a member described in subparagraph (B) 
who, except for this paragraph, would lose any accumulated 
leave in excess of 60 days at the end of the fiscal year, to 
retain an accumulated total of 120 days leave. 
‘‘(B) This subsection applies to a member who serves 
on active duty for a continuous period of at least 120 
days— 
‘‘(i) in an area in which the member is entitled 
to special pay under section 310(a) of title 37; or 
‘‘(ii) while assigned to a deployable ship or mo-
bile unit or to other duty comparable to that specified 
in clause (i) that is designated for the purpose of this 
subsection.
‘‘(C) Except as provided in paragraph (2), Leave in 
excess of 60 days accumulated under this paragraph is lost 
unless it is used by the member before the end of the third 
fiscal year after the fiscal year in which the continuous pe-
riod of service referred to in subparagraph (B) termi-
nated.’’.
120
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2003, or the date 
of the enactment of this Act, whichever is later.
SEC. 543. STANDARDIZATION OF TIME-IN-SERVICE RE-
QUIREMENTS FOR VOLUNTARY RETIREMENT 
OF MEMBERS OF THE NAVY AND MARINE 
CORPS WITH ARMY AND AIR FORCE REQUIRE-
MENTS. 
(a) OFFICERS IN REGULAR NAVY OR MARINE CORPS 
WHO COMPLETED 40 YEARS OF ACTIVE SERVICE.—Section 
6321(a) of title 10, United States Code, is amended by strik-
ing ‘‘after completing 40 or more years’’ and inserting ‘‘and 
has at least 40 years’’. 
(b) OFFICERS IN REGULAR NAVY OR MARINE CORPS 
WHO COMPLETED 30 YEARS OF ACTIVE SERVICE.—Section 
6322(a) of such title is amended by striking ‘‘after com-
pleting 30 or more years’’ and inserting ‘‘and has at least 
30 years’’. 
(c) OFFICERS IN NAVY OR MARINE CORPS WHO COM-
PLETED
YEARS
OF
ACTIVE
SERVICE.—Section 
6323(a)(1) of such title is amended by striking ‘‘after com-
pleting more than 20 years’’ and inserting ‘‘and has at least 
20 years’’. 
(d) ENLISTED MEMBERS IN REGULAR NAVY OR MA-
RINE CORPS WHO COMPLETED 30 YEARS OF ACTIVE SERV-
121
ICE.—Section 6326(a) of such title is amended by striking 
‘‘after completing 30 or more years’’ and inserting ‘‘and 
has at least 30 years’’. 
(e) TRANSFER OF ENLISTED MEMBERS TO THE FLEET 
RESERVE AND FLEET MARINE CORPS RESERVE.—Section 
6330(b) of such title is amended by striking ‘‘who has com-
pleted 20 or more years’’ both places it appears and insert-
ing ‘‘who has at least 20 years’’. 
(f) TRANSFER OF MEMBERS OF THE FLEET RESERVE 
AND FLEET MARINE CORPS RESERVE TO THE RETIRED 
LIST.—Section 6331(a) of such title is amended by striking 
‘‘completed 30 years’’ and inserting ‘‘has at least 30 years’’. 
(g) EFFECTIVE DATE.—The Secretary of the Navy 
shall prescribe the date on which the amendments made by 
this section shall take effect. The Secretary shall publish 
such date, when prescribed, in the Federal Register. 
SEC. 544. STANDARDIZATION OF STATUTORY AUTHORITIES 
FOR EXEMPTIONS FROM REQUIREMENT FOR 
ACCESS TO SECONDARY SCHOOLS BY MILI-
TARY RECRUITERS. 
(a) CONSISTENCY
WITH
ELEMENTARY
AND
SEC-
ONDARY EDUCATION ACT OF 1965.—Paragraph (5) of sec-
tion 503(c) of title 10, United States Code, is amended by 
striking ‘‘apply to—’’ and all that follows through ‘‘school
122
which’’ and inserting ‘‘apply to a private secondary school 
that’’. 
(b) CORRECTION OF CROSS REFERENCE.—Paragraph 
(6)(A)(i) of such section is amended by striking ‘‘14101’’ 
and ‘‘8801’’ and inserting ‘‘9101’’ and ‘‘7801’’, respectively.
SEC. 545. PROCEDURES FOR CONSIDERATION OF APPLICA-
TIONS FOR AWARD OF THE PURPLE HEART 
MEDAL TO VETERANS HELD AS PRISONERS 
OF WAR BEFORE APRIL 25, 1962. 
Subsection (b) of section 521 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 309; 10 U.S.C. 1129 note) is amended to 
read as follows: 
‘‘(b) STANDARDS AND PROCEDURES FOR AWARD.—In 
determining whether a former prisoner of war is eligible 
for the award of the Purple Heart under subsection (a), the 
Secretary concerned shall apply the following procedures: 
‘‘(1) The standard to be used by the Secretary 
concerned for awarding the Purple Heart under this 
section shall be to award the Purple Heart in any 
case in which a prisoner of war (A) was wounded 
while in captivity, or (B) while in captivity was sub-
jected to systematic and prolonged deprivation of 
food, medical treatment, and other forms of depriva-
123
tion or mistreatment likely to have prolonged 
aftereffects on the individual concerned. 
‘‘(2) When a former prisoner of war applies for 
the Purple Heart under subsection (a), the Secretary 
concerned may request the former prisoner of war to 
provide any documentation that the Secretary would 
otherwise require, but failure of the former prisoner of 
war to provide such documentation shall not by itself 
be a disqualification for award of the Purple Heart. 
‘‘(3) The Secretary concerned shall inform the 
former prisoner of war that historical information as 
to the prison camp or other circumstances in which 
the former prisoner of war was held captive and other 
information as to the circumstances of the former 
prisoner of war’s captivity may be considered by the 
Secretary in evaluating the application for the award 
of the Purple Heart and that the former prisoner of 
war may submit such information. 
‘‘(4) The Secretary concerned shall provide as-
sistance to the applicant for the Purple Heart in ob-
taining information referred to in paragraph (3). 
‘‘(5) The Secretary shall review a completed ap-
plication under this section based upon the totality of 
the evidence presented and shall take into account the 
length of time between the period during which the
124
applicant was held as a prisoner of war and the date 
of the application. 
‘‘(6) In considering an application under this 
section, the Secretary shall take into account the 
length of time that the applicant was held in cap-
tivity, which while not in itself establishing entitle-
ment of the applicant to award of the Purple Heart, 
can and should be a factor in determining whether a 
former prisoner of war was likely to have been 
wounded, starved, or denied medical treatment to the 
extent likely to have prolonged aftereffects on the indi-
vidual concerned.’’.
SEC. 546. AUTHORITY FOR RESERVE AND RETIRED REG-
ULAR OFFICERS TO HOLD STATE AND LOCAL 
ELECTIVE OFFICE NOTWITHSTANDING CALL 
TO ACTIVE DUTY. 
Section 973(b)(3) of title 10, United States Code, is 
amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(2) by adding at the end the following: 
‘‘(B) The prohibition in subparagraph (A) does not 
apply to the functions of a civil office held by election, in 
the case of an officer to whom this subsection applies by 
reason of subparagraph (B) or (C) of paragraph (1).’’.
125
SEC. 547. CLARIFICATION OF OFFENSE UNDER THE UNI-
FORM CODE OF MILITARY JUSTICE RELATING 
TO DRUNKEN OR RECKLESS OPERATION OF A 
VEHICLE, AIRCRAFT, OR VESSEL. 
Section 551 of title 10, United States Code (article 111 
of the Uniform Code of Military Justice), is amended—
(1) in subsection (a)(2) by striking ‘‘in excess of’’ 
and inserting ‘‘at, or in excess of,’’; and 
(2) in subsection (b)(4), by striking ‘‘maximum 
permissible’’ and all that follows through the period 
at the end and inserting ‘‘amount of alcohol con-
centration in a person’s blood or breath at which op-
eration or control of a vehicle, aircraft, or vessel is 
prohibited.’’.
SEC. 548. PUBLIC IDENTIFICATION OF CASUALTIES NO 
SOONER THAN 24 HOURS AFTER NOTIFICA-
TION OF NEXT-OF-KIN. 
The Secretary of Defense may not publicly release the 
name or other personally identifying information of any 
member of the Army, Navy, Air Force, or Marine Corps 
who while on active duty or performing inactive duty train-
ing is killed or injured, whose duty status becomes un-
known, or who is otherwise considered to be a casualty until 
a period of 24 hours has elapsed after the notification of 
the next-of-kin of such member.
126
Subtitle F—Benefits 
SEC. 551. ADDITIONAL CLASSES OF INDIVIDUALS ELIGIBLE 
TO PARTICIPATE IN THE FEDERAL LONG-
TERM CARE INSURANCE PROGRAM. 
(a) CERTAIN EMPLOYEES OF THE DISTRICT OF CO-
LUMBIA GOVERNMENT.—Section 9001(1) of title 5, United 
States Code, is amended by striking ‘‘2105(c),’’ and all that 
follows and inserting ‘‘2105(c).’’. 
(b) FORMER FEDERAL EMPLOYEES WHO WOULD BE 
ELIGIBLE TO BEGIN RECEIVING AN ANNUITY UPON AT-
TAINING THE REQUISITE MINIMUM AGE.—Section 9001(2) 
of title 5, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) any former employee who, on the basis 
of his or her service, would meet all requirements 
for being considered an ‘annuitant’ within the 
meaning of subchapter III of chapter 83, chapter 
84, or any other retirement system for employees 
of the Government, but for the fact that such 
former employee has not attained the minimum 
age for title to annuity.’’.
127
(c) RESERVISTS TRANSFERRED TO THE RETIRED RE-
SERVE WHO ARE UNDER AGE 60.—Section 9001(4) of title 
5, United States Code, is amended by striking ‘‘including’’ 
and all that follows through ‘‘who has’’ and inserting ‘‘and 
a member who has been transferred to the Retired Reserve 
and who would be entitled to retired pay under chapter 
1223 of title 10 but for not having’’.
SEC. 552. AUTHORITY TO TRANSPORT REMAINS OF RETIR-
EES AND RETIREE DEPENDENTS WHO DIE IN 
MILITARY TREATMENT FACILITIES OUTSIDE 
THE UNITED STATES. 
(a) AUTHORIZED TRANSPORTATION.—Section 1490 of 
title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘located in the 
United States’’; and 
(2) in subsection (b)(1), by striking ‘‘outside the 
United States or to a place’’. 
(b) CONFORMING AMENDMENT.—Subsection (c) of such 
section is amended to read as follows: 
‘‘(c) DEFINITION OF DEPENDENT.—In this section, the 
term ‘dependent’ has the meaning given such term in sec-
tion 1072(2) of this title.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply only with respect to persons dying on 
or after the date of the enactment of this Act.
128
SEC. 553. ELIGIBILITY FOR DEPENDENTS OF CERTAIN MO-
BILIZED RESERVISTS STATIONED OVERSEAS 
TO ATTEND DEFENSE DEPENDENTS SCHOOLS 
OVERSEAS. 
(a) TUITION-FREE STATUS PARITY WITH DEPEND-
ENTS OF OTHER RESERVISTS.—Section 1404(c) of the De-
fense Dependents’ Education Act of 1978 (20 U.S.C. 923(c)) 
is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2)(A) The Secretary shall include in the regulations 
prescribed under this subsection a requirement that children 
in the class of children described in subparagraph (B) shall 
be subject to the same tuition requirements, or waiver of 
tuition requirements, as children in the class of children 
described in subparagraph (C). 
‘‘(B) The class of children described in this subpara-
graph are children of members of reserve components of the 
Armed Forces who—
‘‘(i) are on active duty under an order to active 
duty under section 12301 or 12302 of title 10, United 
States Code; 
‘‘(ii) were ordered to active duty from a location 
in the United States (other than in Alaska or Ha-
waii); and
129
‘‘(iii) are serving on active duty outside the 
United States or in Alaska or Hawaii in a tour of 
duty that (voluntarily or involuntarily) has been ex-
tended to a period in excess of one year. 
‘‘(C) The class of children described in this subpara-
graph are children of members of reserve components of the 
Armed Forces who—
‘‘(i) are on active duty under an order to active 
duty under section 12301 or 12302 of title 10, United 
States Code; 
‘‘(ii) were ordered to active duty from a location 
outside the United States (or in Alaska or Hawaii); 
and 
‘‘(iii) are serving on active duty outside the 
United States or in Alaska or Hawaii.’’. 
(b) CLERICAL AMENDMENT.—The heading of such sec-
tion is amended to read as follows: 
‘‘SPACE-AVAILABLE ENROLLMENT OF STUDENTS; TUITION’’. 
(c) IMPLEMENTATION OF REQUIRED NEW REGULA-
TIONS.—Regulations required by paragraph (2) of section 
1404(c) of the Defense Dependents’ Education Act of 1978 
(20 U.S.C. 923(c)), as added by subsection (a), shall be pre-
scribed as soon as practicable after the date of the enactment 
of this Act in order to provide the earliest opportunity for 
dependents covered by that paragraph to enroll in Depart-
ment of Defense dependents’ schools, and in no event later
130
than the beginning of the first school term beginning after 
the date of the enactment of this Act.
Subtitle G—Other Matters
SEC. 561. EXTENSION OF REQUIREMENT FOR EXEMPLARY 
CONDUCT BY COMMANDING OFFICERS AND 
OTHERS IN AUTHORITY TO INCLUDE CIVIL-
IANS IN AUTHORITY IN THE DEPARTMENT OF 
DEFENSE. 
(a) IN GENERAL.—(1) Chapter 50 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 992. Requirement of exemplary conduct: com-
manding officers and others in authority 
‘‘All commanding officers and others in authority in 
the Department of Defense are required—
‘‘(1) to show in themselves a good example of vir-
tue, honor, patriotism, and subordination; 
‘‘(2) to be vigilant in inspecting the conduct of 
all persons who are placed under their command or 
charge; 
‘‘(3) to guard against and to suppress all disso-
lute and immoral practices and to correct, according 
to applicable laws and regulations, all persons who 
are guilty of them; and
131
‘‘(4) to take all necessary and proper measures, 
under the laws, regulations, and customs applicable to 
the armed forces, to promote and safeguard the mo-
rale, the physical well-being, and the general welfare 
of all under their command or charge.’’. 
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘992. Requirement of exemplary conduct: commanding officers and others in au-
thority.’’.
(b) CONFORMING REPEALS.—Title 10, United States 
Code, is further amended as follows: 
(1) Section 3583, 5947, and 8583 are repealed. 
(2)(A) The table of sections at the beginning of 
chapter 345 is amended by striking the item relating 
to section 3583. 
(B) The table of sections at the beginning of 
chapter 551 is amended by striking the item relating 
to section 5947. 
(C) The table of sections at the beginning of 
chapter 845 is amended by striking the item relating 
to section 8583.
SEC. 562. RECOGNITION OF MILITARY FAMILIES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The families of both active and reserve com-
ponent military personnel, through their sacrifices 
and their dedication to the Nation and its values,
132
contribute immeasurably to the readiness of the Na-
tion’s Armed Forces. 
(2) Without the continued support of military 
families, the Nation’s ability to sustain a high quality 
all-volunteer military force would be undermined. 
(3) In these perilous and challenging times, with 
hundreds of thousands of active and reserve military 
personnel deployed overseas in places of combat and 
imminent danger, military families are making ex-
traordinary sacrifices and will be required to do so 
for the foreseeable future. 
(4) Beginning in 1997, military family service 
and support centers have received materials from pri-
vate, non-profit organizational sources which are de-
signed to encourage and assist those centers in con-
ducting activities to celebrate the American military 
family during the Thanksgiving period each Novem-
ber. 
(b) MILITARY FAMILY RECOGNITION.— In view of the 
findings in subsection (a), Congress determines that it is 
appropriate that special measures be taken annually to rec-
ognize and honor the American military family. 
(c) DEPARTMENT OF DEFENSE PROGRAMS AND AC-
TIVITIES.—The Secretary of Defense shall—
133
(1) implement and sustain programs, including 
appropriate ceremonies and activities, to celebrate the 
contributions and sacrifices of the American military 
family, including both families of both active and re-
serve component military personnel; 
(2) focus the celebration of the American mili-
tary family during a specific period of each year to 
give full and proper highlight to those families; and 
(3) seek the assistance and support of appro-
priate civilian organizations, associations, and other 
entities in carrying out not only the annual celebra-
tion of the American military family, but also in sus-
taining longer-term efforts.
SEC. 563. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 
THAT BENEFIT DEPENDENTS OF MEMBERS 
OF THE ARMED FORCES AND DEPARTMENT 
OF DEFENSE CIVILIAN EMPLOYEES. 
(a) CONTINUATION
OF DEPARTMENT
OF DEFENSE 
PROGRAM FOR FISCAL YEAR 2004.—Of the amount author-
ized to be appropriated pursuant to section 301(5) for oper-
ation and maintenance for Defense-wide activities, 
$35,000,000 shall be available only for the purpose of pro-
viding educational agencies assistance to local educational 
agencies.
134
(b) NOTIFICATION.—Not later than June 30, 2004, the 
Secretary of Defense shall notify each local educational 
agency that is eligible for educational agencies assistance 
for fiscal year 2004 of—
(1) that agency’s eligibility for the assistance; 
and 
(2) the amount of the assistance for which that 
agency is eligible. 
(c) DISBURSEMENT OF FUNDS.—The Secretary of De-
fense shall disburse funds made available under subsection 
(a) not later than 30 days after the date on which notifica-
tion to the eligible local educational agencies is provided 
pursuant to subsection (b). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘educational agencies assistance’’ 
means assistance authorized under section 386(b) of 
the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102–484; 20 U.S.C. 7703 
note). 
(2) The term ‘‘local educational agency’’ has the 
meaning given that term in section 8013(9) of the El-
ementary and Secondary Education Act of 1965 (20 
U.S.C. 7713(9)).
135
SEC. 564. PERMANENT AUTHORITY FOR SUPPORT FOR CER-
TAIN CHAPLAIN-LED MILITARY FAMILY SUP-
PORT PROGRAMS. 
(a) IN GENERAL.—(1) Chapter 88 of title 10, United 
States Code, is amended by inserting at the end of sub-
chapter I the following new section:
‘‘§ 1789. Chaplain-led programs: authorized support 
‘‘(a) AUTHORITY.—The Secretary of a military de-
partment may provide support services described in sub-
section (b) to support chaplain-led programs to assist mem-
bers of the armed forces on active duty and their immediate 
family members, and members of reserve components in an 
active status and their immediate family members, in 
building and maintaining a strong family structure. 
‘‘(b) AUTHORIZED SUPPORT SERVICES.—The support 
services referred to in subsection (a) are costs of transpor-
tation, food, lodging, child care, supplies, fees, and training 
materials for members of the armed forces and their family 
members while participating in programs referred to in 
that subsection, including participation at retreats and 
conferences. 
‘‘(c) IMMEDIATE FAMILY MEMBERS.—In this section, 
the term ‘immediate family members’, with respect to a 
member of the armed forces, means—
‘‘(1) the member’s spouse; and
136
‘‘(2) any child (as defined in section 1072(6) of 
this title) of the member who is described in subpara-
graph (D) of section 1072(2) of this title.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section 
1788 the following new item:
‘‘1789. Chaplain-led programs: authorized support.’’.
(b) EFFECTIVE DATE.—Section 1789 of title 10, 
United States Code, as added by subsection (a), shall take 
effect on October 1, 2003.
SEC. 565. DEPARTMENT OF DEFENSE-DEPARTMENT OF VET-
ERANS 
AFFAIRS 
JOINT 
EXECUTIVE 
COM-
MITTEE. 
(a) ESTABLISHMENT
OF
JOINT
COMMITTEE.—(1) 
Chapter 3 of title 38, United States Code, is amended by 
adding at the end the following new section:
‘‘§ 320. Department of Veterans Affairs-Department of 
Defense Joint Executive Committee 
‘‘(a) JOINT EXECUTIVE COMMITTEE.—(1) There is es-
tablished an interagency committee to be known as the De-
partment of Veterans Affairs-Department of Defense Joint 
Executive Committee (hereinafter in this section referred to 
as the ‘Committee’). 
‘‘(2) The Committee is composed of—
‘‘(A) the Deputy Secretary of Veterans Affairs 
and such other officers and employees of the Depart-
137
ment of Veterans Affairs as the Secretary of Veterans 
Affairs may designate; and 
‘‘(B) the Under Secretary of Defense for Per-
sonnel and Readiness and such other officers and em-
ployees of the Department of Defense as the Secretary 
of Defense may designate. 
‘‘(b) ADMINISTRATIVE MATTERS.—(1) The Deputy 
Secretary of Veterans Affairs and the Under Secretary of 
Defense shall determine the size and structure of the Com-
mittee, as well as the administrative and procedural guide-
lines for the operation of the Committee. 
‘‘(2) The two Departments shall supply appropriate 
staff and resources to provide administrative support and 
services. Support for such purposes shall be provided at a 
level sufficient for the efficient operation of the Committee, 
including a subordinate Health Executive Committee, a 
subordinate Benefits Executive Committee, and such other 
committees or working groups as considered necessary by 
the Deputy Secretary and Under Secretary. 
‘‘(c) RECOMMENDATIONS.—(1) The Committee shall 
recommend to the Secretaries strategic direction for the 
joint coordination and sharing efforts between and within 
the two Departments under section 8111 of this title and 
shall oversee implementation of those efforts.
138
‘‘(2) The Committee shall submit to the two Secretaries 
and to Congress an annual report containing such rec-
ommendations as the Committee considers appropriate. 
‘‘(d) FUNCTIONS.—In order to enable the Committee 
to make recommendations in its annual report under sub-
section (c)(2), the Committee shall do the following: 
‘‘(1) Review existing policies, procedures, and 
practices relating to the coordination and sharing of 
resources between the two Departments. 
‘‘(2) Identify changes in policies, procedures, and 
practices that, in the judgment of the Committee, 
would promote mutually beneficial coordination, use, 
or exchange of use of services and resources of the two 
Departments, with the goal of improving the quality, 
efficiency and effectiveness of the delivery of benefits 
and services to veterans, service members, military re-
tirees and their families through an enhanced Depart-
ment of Veterans Affairs and Department of Defense 
partnership. 
‘‘(3) Identify and assess further opportunities for 
the coordination and collaboration between the De-
partments that, in the judgment of the Committee, 
would not adversely affect the range of services, the 
quality of care, or the established priorities for bene-
fits provided by either Department.
139
‘‘(4) Review the plans of both Departments for 
the acquisition of additional resources, especially new 
facilities and major equipment and technology, in 
order to assess the potential effect of such plans on 
further opportunities for the coordination and sharing 
of resources. 
‘‘(5) Review the implementation of activities de-
signed to promote the coordination and sharing of re-
sources between the Departments.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘320. Department of Veterans Affairs-Department of Defense Joint Executive 
Committee.’’.
(b) CONFORMING AMENDMENTS.—(1) Subsection (c) of 
section 8111 of such title is repealed. 
(2) Such section is further amended—
(A) in subsection (b)(2), by striking ‘‘subsection 
(c)’’ and inserting ‘‘section 320 of this title’’; 
(B) in subsection (d)(1), by striking ‘‘Committee 
established in subsection (c)’’ and inserting ‘‘Depart-
ment of Veterans Affairs-Department of Defense Joint 
Executive Committee’’; 
(C) in subsection (e)(1), by striking ‘‘Committee 
under subsection (c)(2)’’ and inserting ‘‘Department 
of Veterans Affairs-Department of Defense Joint Exec-
140
utive Committee with respect to health care re-
sources’’; and 
(D) in subsection (f)(2), by striking subpara-
graphs (B) and (C) and inserting the following: 
‘‘(B) The assessment of further opportunities 
identified by the Department of Veterans Affairs-De-
partment of Defense Joint Executive Committee under 
subsection (d)(3) of section 320 of this title for the 
sharing of health-care resources between the two De-
partments. 
‘‘(C) Any recommendation made by that com-
mittee under subsection (c)(2) of that section during 
that fiscal year.’’. 
(c) TECHNICAL AMENDMENTS.—Subsection (f) of such 
section is further amended by inserting ‘‘(Public Law 107–
314)’’ in paragraphs (3), (4)(A), (4)(B), and (5) after ‘‘for 
Fiscal Year 2003’’.
(d) EFFECTIVE DATE.—(1) If this Act is enacted before 
October 1, 2003—
(A) section 320 of title 38, United States Code, 
as added by subsection (a), shall take effect on October 
1, 2003; and 
(B) the amendments made by subsections (b) and 
(c) shall take effect on October 1, 2003, immediately 
after the amendment made by section 721(a)(1) of the
141
Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107–314; 116 2589). 
(2) If this Act is enacted on or after October 1, 2003, 
the amendments made by this section shall take effect on 
the date of the enactment of this Act.
SEC. 566. LIMITATION ON AVIATION FORCE STRUCTURE 
CHANGES IN THE DEPARTMENT OF THE 
NAVY. 
(a) LIMITATION.—The Secretary of the Navy shall en-
sure that no reductions are made in the active and reserve 
force structure of the Navy and Marine Corps for fixed- and 
rotary-wing aircraft until 90 days have elapsed after the 
date as of which both of the reports required by subsections 
(b) and (c) have been received by the committees named in 
those subsections. 
(b) NAVAL AVIATION FORCE STRUCTURE PLAN.—The 
Secretary of the Navy shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a detailed report 
on the changes to the active and reserve aviation force struc-
ture in the Department of the Navy that are proposed for 
fiscal years 2004 through 2009. The report shall include the 
following: 
(1) The numbers of aircraft and helicopter force 
structure planned for retirement.
142
(2) The amounts of planned budget authority to 
be saved, shown by year and by appropriation, com-
pared to the May 1, 2003, force structure. 
(3) An assessment by the Chief of Naval Oper-
ations comparing the future force structure plan with 
capabilities of the Department of the Navy’s aviation 
force structure on May 1, 2003. 
(4) A risk assessment of the planned force struc-
ture to carry out the National Security Strategy of 
the United States, dated September 2002. 
(5) A risk assessment of the planned force based 
on the assumptions applied in the September 30, 
2001, Quadrennial Defense Review Report. 
(c) ACTIVE AND RESERVE COMPONENT INTEGRATION 
PLAN.—The Secretary of the Navy shall submit to the Com-
mittee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a concept 
of operations for increasing the integration and use of 
Naval Reserve surface, aviation, and other units and per-
sonnel with active component forces in carrying out oper-
ational missions across the peacetime and wartime spec-
trum of naval operations during the period of 2004 through 
2009.
143
SEC. 567. IMPACT AID ELIGIBILITY FOR HEAVILY IMPACTED 
LOCAL EDUCATIONAL AGENCIES AFFECTED 
BY PRIVITIZATION OF MILITARY HOUSING. 
Section 8003(b)(2)(H) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(H)) 
is amended by striking clauses (i) and (ii) and inserting 
the following: 
‘‘(i) ELIGIBILITY.—For any fiscal year 
beginning with fiscal 2003, a heavily im-
pacted local educational agency that re-
ceived a basic support payment under para-
graph (b)(2) for the prior fiscal year, but is 
ineligible for such payment for the current 
fiscal year under subparagraph (B), (C), 
(D), or (E), as the case may be, by reason 
of the conversion of military housing units 
to private housing described in clause (iii), 
shall be deemed to meet the eligibility re-
quirements under subparagraph (B) or (C), 
as the case may be for the period during 
which the housing units are undergoing 
such conversion. 
‘‘(ii) 
AMOUNT
OF
PAYMENT.—The 
amount of a payment to a heavily impacted 
local educational agency for a fiscal year by 
reason of the application of clause (i), and
144
calculated in accordance with subparagraph 
(D) or (E), as the case may be, shall be 
based on the number of children in average 
daily attendance in the schools of such 
agency for the fiscal year and under the 
same provisions of subparagraph (D) or (E) 
under which the agency was paid during 
the prior fiscal year.’’.
SEC. 568. INVESTIGATION INTO THE 1991 DEATH OF MARINE 
CORPS COLONEL JAMES E. SABOW. 
(a) INVESTIGATION REQUIRED.—Not later than 60 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall commence a new investigation into 
the death of Colonel James S. Sabow, United States Marine 
Corps, who died on January 22, 1991, at the Marine Corps 
Air Station, El Toro, California. 
(b) FOCUS OF INVESTIGATION.—The principal focus of 
the investigation under subsection (a) shall be to determine 
the cause of Colonel Sabow’s death, given the medical and 
forensic factors associated with that death. 
(c) REVIEW BY OUTSIDE EXPERTS.—The Secretary of 
Defense shall provide that the evidence concerning the cause 
of Colonel Sabow’s death and the medical and forensic fac-
tors associated with his death shall be reviewed by medical 
and forensic experts outside the Department of Defense.
145
(d) REPORT.—Not later than six months after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Rep-
resentatives a written report on the findings of the inves-
tigation under subsection (a). The Secretary shall include 
in the report (1) the Secretary’s conclusions as a result of 
the investigation, including the Secretary’s conclusions re-
garding the cause of death of Colonel Sabow, and (2) the 
conclusions of the experts reviewing the matter under sub-
section (c).
Subtitle H—Domestic Violence
SEC. 571. TRAVEL AND TRANSPORTATION FOR DEPEND-
ENTS RELOCATING FOR REASONS OF PER-
SONAL SAFETY. 
Section 406(h) of title 37, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(4)(A) The Secretary concerned shall provide to the 
dependents of a member the travel and transportation al-
lowances described in paragraphs (1) and (3) in a case in 
which—
‘‘(i) a commander has substantiated that the 
member has committed dependent abuse, as defined in 
section 1059(c) of title 10;
146
‘‘(ii) a safety plan and counseling have been pro-
vided; 
‘‘(iii) there has been a determination that the 
victim’s safety is at stake and that relocation is the 
best course of action; and 
‘‘(iv) the abused dependent, or parent of the 
abused dependent if the abused dependent is a child, 
requests relocation, 
‘‘(B) In the case of allowances paid under subpara-
graph (A), any monetary allowances shall accrue to the de-
pendents in lieu of the member and may be paid to the 
dependents. 
‘‘(C) Shipment of the dependent’s baggage and house-
hold effects, and of any motor vehicle, may not be provided 
until there is a property division established by written 
agreement with the member or by order of a court of com-
petent jurisdiction .’’.
SEC. 572. COMMENCEMENT AND DURATION OF PAYMENT 
OF TRANSITIONAL COMPENSATION. 
(a) COMMENCEMENT.—Paragraph (1)(A) of section 
1059(e) of title 10, United States Code, is amended by strik-
ing ‘‘shall commence’’ and all that follows and inserting 
‘‘shall commence—
‘‘(i) as of the date the court martial sen-
tence is adjudged if the sentence, as adjudged, in-
147
cludes a dismissal, dishonorable discharge, bad 
conduct discharge, or forfeiture of all pay and 
allowances; or 
‘‘(ii) if there is a pretrial agreement that 
includes disapproval or suspension of the dis-
missal, dishonorable discharge, bad conduct dis-
charge, or forfeiture of all pay and allowances, 
as of the date of the approval of the court-mar-
tial sentence by the person acting under section 
860(c) of this title (article 60(c) of the Uniform 
Code of Military Justice) if the sentence, as ap-
proved, includes an unsuspended dismissal, dis-
honorable discharge, bad conduct discharge, or 
forfeiture of all pay and allowances;’’. 
(b) DURATION.—Paragraph (2) of such section is 
amended by striking ‘‘, except that’’ and all that follows 
through ‘‘12 months’’. 
(c) TERMINATION.—Paragraph (3)(A) of such section 
is amended by striking ‘‘punishment applicable to the mem-
ber under the sentence is remitted, set aside, or mitigated’’ 
and inserting ‘‘conviction is disapproved by the person act-
ing under section 860(c) of this title (article 60(c) of the 
Uniform Code of Military Justice) or set aside, or each such 
punishment applicable to the member under the sentence
148
is disapproved by the person acting under section 860(c) 
of this title, remitted, set aside, suspended, or mitigated’’.
SEC. 573. FLEXIBILITY IN ELIGIBILITY FOR TRANSITIONAL 
COMPENSATION. 
(a) AUTHORITY.—Section 1059 of title 10, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(m) ADDITIONAL ELIGIBILITY.—The Secretary con-
cerned, under regulations prescribed under subsection (k), 
may authorize eligibility for benefits under this section to 
dependents of a member or former member of the armed 
forces not covered by subsection (b) if the Secretary con-
cerned determines that there are extenuating circumstances 
such that granting benefits under this section is consistent 
with the intent of this section.’’. 
(b) EFFECTIVE DATE.—The authority under sub-
section (m) of section 1059 of title 10, United States Code, 
as added by subsection (a), may only be exercised with re-
spect to eligibility for benefits under such section by reason 
of conduct on or after the date of the enactment of this Act.
SEC. 574. TYPES OF ADMINISTRATIVE SEPARATIONS TRIG-
GERING COVERAGE. 
Section 1059(b)(2) of title 10, United States Code, is 
amended by inserting ‘‘, voluntarily or involuntarily,’’ after 
‘‘administratively separated’’.
149
SEC. 575. ON-GOING REVIEW GROUP. 
Not later than two years after the date of the enact-
ment of this Act, the Secretary of Defense shall convene a 
working group of not less than 12 members, composed in 
the same manner as the Defense Task Force on Domestic 
Violence established pursuant to section 591 of the National 
Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106–65). The purpose of the working group shall be 
to review and assess the progress of the Department of De-
fense in implementation of the recommendations of the De-
fense Task Force on Domestic Violence. In reviewing the 
status of the Department’s efforts, the group should specifi-
cally focus on the Department’s efforts to ensure confiden-
tiality for victims and accountability and education of com-
manding officers and chaplains.
SEC. 576. RESOURCES FOR DEPARTMENT OF DEFENSE IM-
PLEMENTATION ORGANIZATION. 
The Secretary of Defense shall ensure that necessary 
resources, including personnel, facilities, and other admin-
istrative support, are provided to the organization within 
the Office of the Secretary of Defense with direct responsi-
bility for oversight of implementation by the military de-
partments of recommendations of the Task Force in order 
for that organization to carry out its duties and responsibil-
ities.
150
SEC. 577. FATALITY REVIEWS. 
(a) REVIEW OF FATALITIES.—The Secretary of De-
fense shall conduct a multidisciplinary, impartial review 
(referred to as a ‘‘fatality review’’) in the case of each fatal-
ity known or suspected to have resulted from domestic vio-
lence or child abuse against—
(1) a member of the Armed Forces; 
(2) a current or former dependent of a member 
of the Armed Forces; or 
(3) a current or former intimate partner who 
has a child in common or has shared a common 
domicile with a member of the Armed Forces. 
(b) MATTERS TO BE INCLUDED.—The report of a fatal-
ity review under subsection (a) shall, at a minimum, in-
clude the following: 
(1) An executive summary. 
(2) Data setting forth victim demographics, inju-
ries, autopsy findings, homicide or suicide methods, 
weapons, police information, assailant demographics, 
and household and family information. 
(3) Legal disposition. 
(4) System intervention and failures within the 
Department of Defense. 
(5) A discussion of significant findings. 
(6) Recommendations for systemic changes with-
in the Department of Defense.
151
SEC. 578. SENSE OF CONGRESS. 
It is the sense of Congress that—
(1) the Secretary of Defense should adopt the 
strategic plan proposed by the Defense Task Force on 
Domestic Violence in its Third Year Report, as re-
quired by section 591(a) of the Department of Defense 
Authorization Act for Fiscal Year 2000 (Public Law 
106–65); and 
(2) the Secretary of each military department 
should establish and support a Victim Advocate Pro-
tocol and provide for nondisclosure to ensure con-
fidentiality for victims who come forward to receive 
advocacy, support, information, and resources, as rec-
ommended by the Defense Task Force on Domestic Vi-
olence.
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment to become effective during fiscal year 2004 re-
quired by section 1009 of title 37, United States Code, in 
the rates of monthly basic pay authorized members of the 
uniformed services shall not be made. 
(b) INCREASE IN BASIC PAY FOR MEMBERS OF ARMED 
FORCES.—Effective on January 1, 2004, the rates of
152
monthly basic pay for members of the Armed Forces within 
each pay grade are as follows:
153
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 com-
missioned 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 Com-
mandant of the Coast Guard, is $14,679.30, regardless of cumulative years of service computed under 
section 205 of title 37, United States Code. 
3 This 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.
154
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 war-
rant officers may not exceed the rate of pay for level V of the Executive Schedule.
155
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 en-
listed 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 Ser-
geant 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. 
(c) INCREASE IN BASIC PAY FOR OTHER MEMBERS OF 
UNIFORMED SERVICES.—Effective on January 1, 2004, the 
rates of monthly basic pay for members of the National Oce-
anic and Atmospheric Administration and the Public 
Health Service are increased by 2 percent.
156
(d) DEFINITIONS.—In this section, the terms ‘‘armed 
forces’’ and ‘‘uniformed services’’ have the meanings given 
such terms in section 101 of title 37, United States Code.
SEC. 602. COMPUTATION OF BASIC PAY RATE FOR COMMIS-
SIONED OFFICERS WITH PRIOR ENLISTED OR 
WARRANT OFFICER SERVICE. 
Section 203(d)(2) of title 37, United States Code, is 
amended—
(1) in subparagraph (A), by striking ‘‘enlisted 
member,’’ and all that follows through the period and 
inserting ‘‘enlisted member.’’; and 
(2) by striking subparagraph (B) and inserting 
the following new subparagraph: 
‘‘(B) Service as a warrant officer, as an enlisted 
member, or as a warrant officer and an enlisted 
member, for which at least 1,460 points have been 
credited to the officer for the purposes of section 
12732(a)(2) of title 10.’’.
SEC. 603. SPECIAL SUBSISTENCE ALLOWANCE AUTHORI-
TIES FOR MEMBERS ASSIGNED TO HIGH-COST 
DUTY LOCATION OR UNDER OTHER UNIQUE 
AND UNUSUAL CIRCUMSTANCES. 
(a) IN GENERAL.—Section 402 of title 37, United 
States Code, is amended—
157
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the following 
new subsection: 
‘‘(f) SPECIAL RULE FOR HIGH-COST DUTY LOCATIONS 
AND OTHER UNIQUE AND UNUSUAL CIRCUMSTANCES.—The 
Secretary of Defense may authorize a member of the armed 
forces who is assigned to duty in a high-cost duty location 
or under other unique and unusual circumstances, but is 
not entitled to the meals portion of the per diem in connec-
tion with that duty, to receive any or all of the following: 
‘‘(1) Meals at no cost to the member, regardless 
of the entitlement of the member to a basic allowance 
for subsistence under subsection (a). 
‘‘(2) A basic allowance for subsistence at the 
standard rate, regardless of the entitlement of the 
member for all meals or select meals during the duty 
day. 
‘‘(3) A supplemental subsistence allowance at a 
rate higher than the basic allowance for subsistence 
rates in effect under this section, regardless of the en-
titlement of the member for all meals or select meals 
during the duty day.’’. 
(b) RETROACTIVE AND PROSPECTIVE APPLICATION.—
Subsection (f) of section 402 of title 37, United States Code,
158
as added by subsection (a), shall apply with respect to mem-
bers of the Armed Forces assigned to duty in a high-cost 
duty location or under other unique and unusual cir-
cumstances, as determined pursuant to regulations pre-
scribed pursuant to subsection (c), after September 11, 
2001. 
(c) REGULATIONS; TIME LIMITS.—Final regulations 
to carry out subsection (f) of section 402 of title 37, United 
States Code, as added by subsection (a), shall be prescribed 
not later than 180 days after the date of the enactment of 
this Act. The regulations shall provide a method by which 
a member of the Armed Forces covered by such subsection 
(f) may obtain reimbursement for subsistence expenses in-
curred by the member during the period beginning on Sep-
tember 11, 2001, and ending on the date the regulations 
take effect.
Subtitle B—Bonuses and Special 
and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR RESERVE 
FORCES. 
(a) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f ) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2003’’ and inserting ‘‘December 
31, 2004’’.
159
(b) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of such title is amended by striking ‘‘December 
31, 2003’’ and inserting ‘‘December 31, 2004’’. 
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED 
TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of 
such title is amended by striking ‘‘December 31, 2003’’ and 
inserting ‘‘December 31, 2004’’. 
(d) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of such title is amended by striking ‘‘December 
31, 2003’’ and inserting ‘‘December 31, 2004’’. 
(e) READY RESERVE ENLISTMENT
AND REENLIST-
MENT BONUS.—Section 308h(g) of such title is amended by 
striking ‘‘December 31, 2003’’ and inserting ‘‘December 31, 
2004’’. 
(f) PRIOR SERVICE ENLISTMENT BONUS.—Section 
308i(f ) of such title is amended by striking ‘‘December 31, 
2003’’ and inserting ‘‘December 31, 2004’’. 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR CERTAIN 
HEALTH CARE PROFESSIONALS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code, 
is amended by striking ‘‘December 31, 2003’’ and inserting 
‘‘December 31, 2004’’.
160
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN 
HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED 
RESERVE.—Section 16302(d) of such title is amended by 
striking ‘‘January 1, 2004’’ and inserting ‘‘January 1, 
2005’’. 
(c) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is 
amended by striking ‘‘December 31, 2003’’ and inserting 
‘‘December 31, 2004’’. 
(d) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of such title is amended by 
striking ‘‘December 31, 2003’’ and inserting ‘‘December 31, 
2004’’. 
(e) SPECIAL PAY FOR SELECTED RESERVE HEALTH 
PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL-
TIES.—Section 302g(f ) of such title is amended by striking 
‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’. 
(f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec-
tion 302h(a)(1) of such title is amended by striking ‘‘De-
cember 31, 2003’’ and inserting ‘‘December 31, 2004’’. 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 
BONUS AUTHORITIES FOR NUCLEAR OFFI-
CERS. 
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS 
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)