II 
108TH CONGRESS 
1ST SESSION H. R. 1588
IN THE SENATE OF THE UNITED STATES 
JUNE 2, 2003
Received 
AN ACT 
To authorize appropriations for fiscal year 2004 for military 
activities of the Department of Defense, for military 
construction, and for defense activities of the Depart-
ment of Energy, to prescribe personnel strengths for 
such fiscal year for the Armed Forces, and for other 
purposes.
HR 1588 RDS 
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 Au-
thorizations. 
(2) Division B—Military Construction Author-
izations. 
(3) Division C—Department of Energy Na-
tional Security Authorizations and Other Authoriza-
tions. 
(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
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Sec. 111. Stryker vehicle program. 
Sec. 112. Configuration of Fourth Stryker Brigade Combat Team. 
Subtitle C—Navy Programs 
Sec. 121. Multiyear procurement authority for F/A–18 aircraft program. 
Sec. 122. Multiyear procurement authority for Tactical Tomahawk cruise mis-
sile program. 
Sec. 123. Multiyear procurement authority for Virginia class submarine pro-
gram. 
Sec. 124. Multiyear procurement authority for E–2C aircraft program. 
Sec. 125. LPD–17 class vessel. 
Subtitle D—Air Force Programs 
Sec. 131. Air Force air refueling transfer account. 
Sec. 132. Increase in number of aircraft authorized to be procured under 
multiyear procurement authority for Air Force C–130J aircraft 
program. 
Sec. 133. Limitation on retiring C–5 aircraft. 
Sec. 134. Limitation on obligation of funds for procurement of F/A–22 aircraft. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Sec. 203. Program increases. 
Subtitle B—Program Requirements, Restrictions, and 
Limitations 
Sec. 211. Collaborative program for development of electromagnetic gun tech-
nology. 
Sec. 212. Authority to select civilian employee of Department of Defense as di-
rector 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 pro-
duction of titanium by the United States. 
Sec. 216. Extension of reporting requirement for RAH–66 Comanche aircraft 
program. 
Sec. 217. Studies of fleet platform architectures for the Navy. 
Subtitle C—Ballistic Missile Defense 
Sec. 221. Enhanced flexibility for ballistic missile defense systems. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Other Department of Defense programs.
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Sec. 304. Counterexploitation initiative. 
Sec. 305. Reduction in authorization for Air Force operation and maintenance 
account. 
Subtitle B—Environmental Provisions 
Sec. 311. Reauthorization and modification of title I of Sikes Act. 
Sec. 312. Authorization for defense participation in wetland mitigation banks. 
Sec. 313. Inclusion of environmental response equipment and services in Navy 
definitions of salvage facilities and salvage services. 
Sec. 314. Clarification of Department of Defense response to environmental 
emergencies. 
Sec. 315. Requirements for restoration advisory boards and exemption from 
Federal Advisory Committee Act. 
Sec. 316. Report regarding impact of civilian community encroachment and 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 
program. 
Sec. 323. Delayed implementation of revised Office of Management and Budget 
Circular A-76 by Department of Defense pending report. 
Sec. 324. Naval Aviation Depots multi-trades demonstration project. 
Subtitle D—Information Technology 
Sec. 331. Performance-based and results-based management requirements for 
Chief Information Officers of Department of Defense. 
Subtitle E—Other Matters 
Sec. 341. Cataloging and standardization for defense supply management. 
Sec. 342. Space-available transportation for dependents of members assigned to 
overseas duty locations for continuous period in excess of one 
year. 
Sec. 343. Preservation of Air Force Reserve weather reconnaissance mission. 
Sec. 344. Expansion of Department of Defense excess personal property dis-
posal program to include health agencies in addition to law en-
forcement and firefighting agencies. 
Sec. 345. Department of Defense public health assessment of exposure to per-
chlorate. 
Sec. 346. Permanent authority for purchase of certain municipal services at in-
stallations in Monterey County, California. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces
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Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2004 limitation on non-dual status technicians. 
Sec. 415. Permanent limitations on number of non-dual status technicians. 
Subtitle C—Authorizations of Appropriations 
Sec. 421. Military personnel. 
Sec. 422. Armed Forces Retirement Home. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—General and Flag Officer Matters 
Sec. 501. Standardization of qualifications for appointment as service chief. 
Subtitle B—Other Officer Personnel Policy Matters 
Sec. 511. Repeal of prohibition on transfer between line of the Navy and Navy 
staff corps applicable to regular Navy officers in grades above 
lieutenant commander. 
Sec. 512. Retention of health professions officers to fulfill active-duty service 
commitments following promotion nonselection. 
Sec. 513. Increased flexibility for voluntary retirement for military officers. 
Sec. 514. Repeal of required grade of defense attache´ in France. 
Subtitle C—Reserve Component Matters 
Sec. 521. Streamlined process for continuation of officers on the reserve active-
status list. 
Sec. 522. Consideration of reserve officers for position vacancy promotions in 
time of war or national emergency. 
Sec. 523. Simplification of determination of annual participation for purposes 
of Ready Reserve training requirements. 
Sec. 524. Authority for delegation of required secretarial special finding for 
placement of certain retired members in Ready Reserve. 
Sec. 525. Authority to provide expenses of Army and Air Staff personnel and 
National Guard Bureau personnel attending national conven-
tions of certain military associations. 
Subtitle D—Military Education and Training 
Sec. 531. Authority for the Marine Corps University to award the degree of 
master of operational studies. 
Sec. 532. Expanded educational assistance authority for cadets and mid-
shipmen receiving ROTC scholarships. 
Sec. 533. Increase in allocation of scholarships under Army Reserve ROTC 
scholarship program to students at military junior colleges. 
Sec. 534. Inclusion of accrued interest in amounts that may be repaid under 
Selected Reserve critical specialties education loan repayment 
program.
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Sec. 535. Authority for nonscholarship senior ROTC sophomores to voluntarily 
contract for and receive subsistence allowance. 
Sec. 536. Appointments to military service academies from nominations made 
by delegates from Guam, Virgin Islands, and American Samoa. 
Sec. 537. Readmission to service academies of certain former cadets and 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 mem-
bers. 
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 
relating to drunken or reckless operation of a vehicle, aircraft, 
or vessel. 
Sec. 548. Public identification of casualties no sooner than 24 hours after noti-
fication of next-of-kin. 
Subtitle F—Benefits 
Sec. 551. Additional classes of individuals eligible to participate in the Federal 
long-term care insurance program. 
Sec. 552. Authority to transport remains of retirees and retiree dependents who 
die in military treatment facilities outside the United States. 
Sec. 553. Eligibility for dependents of certain mobilized reservists stationed 
overseas to attend defense dependents schools overseas. 
Subtitle G—Other Matters 
Sec. 561. Extension of requirement for exemplary conduct by commanding offi-
cers and others in authority to include civilians in authority in 
the Department of Defense. 
Sec. 562. Recognition of military families. 
Sec. 563. Assistance to local educational agencies that benefit dependents of 
members of the Armed Forces and Department of Defense ci-
vilian employees. 
Sec. 564. Permanent authority for support for certain chaplain-led military 
family support programs. 
Sec. 565. Department of Defense-Department of Veterans Affairs Joint Execu-
tive Committee. 
Sec. 566. Limitation on aviation force structure changes in the Department of 
the Navy.
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Sec. 567. Impact-aid eligibility for heavily impacted local educational agencies 
affected by privitization of military housing. 
Sec. 568. Investigation into the 1991 death of Marine Corps Colonel James E. 
Sabow. 
Subtitle H—Domestic Violence 
Sec. 571. Travel and transportation for dependents relocating for reasons of 
personal safety. 
Sec. 572. Commencement and duration of payment of transitional compensa-
tion. 
Sec. 573. Flexibility in eligibility for transitional compensation. 
Sec. 574. Types of administrative separations triggering coverage. 
Sec. 575. On-going review group. 
Sec. 576. Resources for Department of Defense implementation organization. 
Sec. 577. Fatality reviews. 
Sec. 578. Sense of Congress. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL 
BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Increase in basic pay for fiscal year 2004. 
Sec. 602. Computation of basic pay rate for commissioned officers with prior 
enlisted or warrant officer service. 
Sec. 603. Special subsistence allowance authorities for members assigned to 
high-cost duty location or under other unique and unusual cir-
cumstances. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for 
reserve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for 
certain health care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear 
officers. 
Sec. 614. One-year extension of other bonus and special pay authorities. 
Sec. 615. Computation of hazardous duty incentive pay for demolition duty and 
parachute jumping by members of reserve components entitled 
to compensation under section 206 of title 37. 
Sec. 616. Availability of hostile fire and imminent danger pay for reserve com-
ponent members on inactive duty. 
Sec. 617. Expansion of overseas tour extension incentive program to officers. 
Sec. 618. Eligibility of appointed warrant officers for accession bonus for new 
officers in critical skills. 
Sec. 619. Incentive pay for duty on ground in Antarctica or on Arctic icepack. 
Sec. 620. Special pay for service as member of Weapons of Mass Destruction 
Civil Support Team. 
Sec. 621. Incentive bonus for agreement to serve in critically short military oc-
cupational specialty. 
Sec. 622. Increase in rate for imminent danger pay and family separation al-
lowance related to service in Operation Iraqi Freedom or Oper-
ation Enduring Freedom.
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Sec. 623. Availability of hostile fire and imminent danger pay for reserve com-
ponent members serving in response to certain domestic ter-
rorist attacks. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Shipment of privately owned motor vehicle within continental United 
States. 
Sec. 632. Payment or reimbursement of student baggage storage costs for de-
pendent 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 De-
fense retirees. 
Subtitle E—Commissary and Nonappropriated Fund 
Instrumentality Benefits 
Sec. 651. Expanded commissary access for Selected Reserve members, reserve 
retirees under age 60, and their dependents. 
Sec. 652. Defense commissary system and exchange stores system. 
Sec. 653. Limitations on private operation of defense commissary store func-
tions. 
Sec. 654. Use of appropriated funds to operate defense commissary system. 
Sec. 655. Recovery of nonappropriated fund instrumentality and commissary 
store investments in real property at military installations 
closed or realigned. 
Sec. 656. Commissary shelf-stocking pilot program. 
Subtitle F—Other Matters 
Sec. 661. Repeal of congressional notification requirement for designation of 
critical military skills for retention bonus. 
TITLE VII—HEALTH CARE PROVISIONS 
Sec. 701. Revision of Department of Defense medicare-eligible retiree health 
care fund to permit more accurate actuarial valuations. 
Sec. 702. Transfer of certain members from pharmacy and therapeutics 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 lo-
cations 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 mem-
bers on active duty. 
Sec. 707. Medical and dental screening for members of selected reserve units 
alerted for mobilization.
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TITLE VIII—ACQUISITION POLICY, ACQUISITION 
MANAGEMENT, AND RELATED MATTERS 
Subtitle A—Amendments to General Contracting Authorities, 
Procedures, and Limitations 
Sec. 801. Extension of authority to carry out certain prototype projects. 
Sec. 802. Elimination of certain subcontract notification requirements. 
Sec. 803. Elimination of requirement to furnish written assurances of technical 
data conformity. 
Sec. 804. Limitation period for task and delivery order contracts. 
Sec. 805. Additional authorities relating to obtaining personal services. 
Sec. 806. Evaluation of prompt payment provisions. 
Subtitle B—United States Defense Industrial Base Provisions 
PART I—CRITICAL ITEMS IDENTIFICATION AND DOMESTIC PRODUCTION 
CAPABILITIES IMPROVEMENT PROGRAM 
Sec. 811. Assessment of United States defense industrial base capabilities. 
Sec. 812. Identification of critical items: military system breakout list. 
Sec. 813. Procurement of certain critical items from American sources. 
Sec. 814. Production capabilities improvement for certain critical items using 
Defense Industrial Base Capabilities Fund. 
PART II—REQUIREMENTS RELATING TO SPECIFIC ITEMS 
Sec. 821. Domestic source limitation for certain additional items. 
Sec. 822. Requirements relating to buying commercial items containing spe-
cialty 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. 
Sec. 827. Data collection and technical assistance center relating to machine 
tools. 
Sec. 828. Buy American enhancement. 
Sec. 829. Requirement relating to purchases by Department of Defense subject 
to Buy American Act. 
PART III—GENERAL PROVISIONS 
Sec. 831. Definitions. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 
AND MANAGEMENT 
Sec. 901. Change in title of Secretary of the Navy to Secretary of the Navy 
and Marine Corps. 
Sec. 902. Redesignation of National Imagery and Mapping Agency as National 
Geospatial-intelligence Agency. 
Sec. 903. Pilot program for provision of space surveillance network services to 
non-United States governmental entities. 
Sec. 904. Clarification of responsibility of military departments to support com-
batant commands.
HR 1588 RDS 
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 Reserva-
tion to include designated Pentagon continuity-of-government 
locations. 
Sec. 910. Defense acquisition workforce reductions. 
Sec. 911. Required force structure. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Authorization of supplemental appropriations for fiscal year 2003. 
Sec. 1003. Authority to transfer procurement funds for a major defense acqui-
sition program for continued development work on that pro-
gram. 
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 applica-
ble 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
HR 1588 RDS 
Sec. 1041. Codification and revision of defense counterintelligence polygraph 
program authority. 
Sec. 1042. Codification and revision of limitation on modification of major 
items of equipment scheduled for retirement or disposal. 
Sec. 1043. Additional definitions for purposes of title 10, United States Code. 
Sec. 1044. Inclusion of annual military construction authorization request in 
annual defense authorization request. 
Sec. 1045. Technical and clerical amendments. 
Sec. 1046. Authority to provide living quarters for certain students in coopera-
tive and summer education programs of the National Security 
Agency. 
Sec. 1047. Use of drug interdiction and counter-drug funds to support activities 
of the Government of Colombia. 
Sec. 1048. Authority for joint task forces to provide support to law enforcement 
agencies conducting counter-terrorism activities. 
Sec. 1049. Use of National Driver Register for personnel security investigations 
and determinations. 
Sec. 1050. Protection of operational files of the National Security Agency. 
Sec. 1051. Assistance for study of feasibility of biennial international air trade 
show in the United States and for initial implementation. 
Sec. 1052. Continuation of reasonable access to military installations for per-
sonal commercial solicitation. 
Sec. 1053. Commission on Nuclear Strategy of the United States. 
Sec. 1054. Extension of Counterproliferation Program Review Committee. 
Sec. 1055. Assignment of members to assist Bureau of Border Security and 
Bureau of Citizenship and Immigration Services of the Depart-
ment of Homeland Security. 
Sec. 1056. Report concerning strategic nuclear warheads dismantled pursuant 
to the Treaty Between the United States of America and the 
Russian Federation on Strategic Offensive Reductions. 
Sec. 1057. Pilot program to improve use of Air Force and Air National Guard 
Modular Airborne Fire-Fighting Systems to fight wildfires. 
Sec. 1058. Study on feasibility of use of small businesses, minority-owned busi-
nesses, and women-owned businesses in efforts to rebuild Iraq. 
Sec. 1059. Sense of Congress regarding continuation of mission and functions 
of Army Peacekeeping Institute. 
Sec. 1060. Assessment of effects of specified statutory limitations on the grant-
ing of security clearances. 
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN 
PERSONNEL 
Subtitle A—Department of Defense Civilian Personnel 
Generally 
Sec. 1101. Modification of the overtime pay cap. 
Sec. 1102. Military leave for mobilized Federal civilian employees. 
Sec. 1103. Common occupational and health standards for differential pay-
ments 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 bi-
weekly basis. 
Sec. 1106. Senior executive service and performance. 
Sec. 1107. Design elements of pay-for-performance systems in demonstration 
projects.
HR 1588 RDS 
Sec. 1108. Federal flexible benefits plan administrative costs. 
Sec. 1109. Clarification to Hatch Act; limitation on disclosure of certain 
records. 
Sec. 1110. Employee surveys. 
Sec. 1111. Human Capital Performance Fund. 
Subtitle B—Department of Defense National Security 
Personnel System 
Sec. 1121. Department of Defense national security personnel system. 
TITLE XII—MATTERS RELATING TO OTHER NATIONS 
Sec. 1201. Expansion of authority to provide administrative support and serv-
ices and travel and subsistence expenses for certain foreign liai-
son officers. 
Sec. 1202. Recognition of superior noncombat achievements or performance by 
members of friendly foreign forces and other foreign nationals. 
Sec. 1203. Expansion of authority to waive charges for costs of attendance at 
George C. Marshall European Center for Security Studies. 
Sec. 1204. Identification of goods and technologies critical for military superi-
ority. 
Sec. 1205. Report on acquisition by Iraq of advanced weapons.
Sec. 1206. Authority for check cashing and currency exchange services to be 
provided to foreign military members participating in certain 
activities with United States forces. 
Sec. 1207. Requirements for transfer to foreign countries of certain specified 
types of excess aircraft. 
Sec. 1208. Limitation on number of United States military personnel in Colom-
bia. 
Sec. 1209. Assessment and report concerning the location of NATO head-
quarters. 
Sec. 1210. Sense of Congress on redeployment of United States forces in Eu-
rope. 
Sec. 1211. Report on actions that could be taken regarding countries that ini-
tiate certain legal actions against United States officials. 
Sec. 1212. Sense of Congress concerning Navy port calls in Israel. 
Sec. 1213. Assistance to Iraqi children injured during Operation Iraqi Free-
dom. 
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 So-
viet 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 fa-
cility in Russia. 
Sec. 1308. Study relating to ex-Soviet uranium and plutonium. 
TITLE XIV—SERVICES ACQUISITION REFORM 
Sec. 1401. Short title. 
Sec. 1402. Executive agency defined.
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Subtitle A—Acquisition Workforce and Training 
Sec. 1411. Definition of acquisition. 
Sec. 1412. Acquisition workforce training fund. 
Sec. 1413. Acquisition workforce recruitment program. 
Sec. 1414. Architectural and engineering acquisition workforce. 
Subtitle B—Adaptation of Business Acquisition Practices 
Part I—Adaptation of Business Management Practices 
Sec. 1421. Chief Acquisition Officers. 
Sec. 1422. Chief Acquisition Officers Council. 
Sec. 1423. Statutory and regulatory review. 
Part II—Other Acquisition Improvements 
Sec. 1426. Extension of authority to carry out franchise fund programs. 
Sec. 1427. Agency acquisition protests. 
Sec. 1428. Improvements in contracting for architectural and engineering 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 reconstruc-
tion of infrastructure in Iraq. 
TITLE XV—HIGHER EDUCATION RELIEF OPPORTUNITIES 
FOR STUDENTS 
Sec. 1501. Short title; reference. 
Sec. 1502. Waiver authority for response to military contingencies and national 
emergencies. 
Sec. 1503. Tuition refunds or credits for members of Armed Forces. 
Sec. 1504. Use of professional judgment. 
Sec. 1505. Definitions. 
Sec. 1506. Termination of authority. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
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Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2002 
projects. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition 
projects. 
Sec. 2402. Family housing. 
Sec. 2403. Improvements to military family housing units. 
Sec. 2404. Energy conservation projects. 
Sec. 2405. Authorization of appropriations, Defense Agencies. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
TITLE XXVII—EXPIRATION AND EXTENSION OF 
AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified 
by law. 
Sec. 2702. Extension of authorization of certain fiscal year 2001 project. 
Sec. 2703. Extension of authorizations of certain fiscal year 2000 projects. 
Sec. 2704. Effective date. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military 
Family Housing Changes
HR 1588 RDS 
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 limita-
tions regarding use of operation and maintenance funds for 
construction. 
Sec. 2807. Increase in authorized maximum lease term for family housing and 
other facilities in certain foreign countries. 
Sec. 2808. Annual report on military construction requirements to support 
homeland defense missions of the Armed Forces. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Real property transactions. 
Sec. 2812. Sense of Congress on demolition of Army Tacony Warehouse Depot 
site, Philadelphia, Pennsylvania. 
Subtitle C—Land Conveyances 
Sec. 2821. Termination of lease and conveyance of Army Reserve facility, 
Conway, Arkansas. 
Sec. 2822. Actions to quiet title, Fallin Waters Subdivision, Eglin Air Force 
Base, Florida. 
Sec. 2823. Modification of land conveyance, Eglin Air Force Base, Florida. 
Sec. 2824. Land conveyance, Fort Campbell, Kentucky and Tennessee. 
Sec. 2825. Land conveyance, Army and Air Force Exchange Service Property, 
Dallas, Texas. 
Sec. 2826. Land conveyance, Naval Reserve Center, Orange, Texas. 
Sec. 2827. Land conveyance, Fort Belvoir, Virginia. 
Sec. 2828. Land conveyance, Puget Sound Naval Shipyard, Bremerton, Wash-
ington. 
Subtitle D—Other Matters 
Sec. 2841. Redesignation of Yuma Training Range Complex as Bob Stump 
Training Range Complex. 
Sec. 2842. Modification of authority to conduct a round of realignments and 
closures of military installations in 2005. 
Sec. 2843. Use of force-structure plan for the Armed Forces in preparation of 
selection criteria for base closure round. 
Sec. 2844. Requirement for unanimous vote of Defense Base Closure and Re-
alignment Commission to recommend closure of military instal-
lations not recommended for closure by Secretary of Defense. 
Sec. 2845. Consideration of public-access-road issues related to disposal of 
property at military installations under base closure process. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 
SECURITY PROGRAMS
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Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy supply. 
Subtitle B—Program Authorizations, Restrictions, and 
Limitations 
Sec. 3111. Modification of prohibition relating to low-yield nuclear weapons. 
Sec. 3112. Termination of requirement for annual updates of long-term plan 
for nuclear weapons stockpile life extension program. 
Sec. 3113. Extension to all DOE facilities of authority to prohibit dissemina-
tion of certain unclassified information. 
Sec. 3114. Department of Energy project review groups not subject to Federal 
Advisory Committee Act by reason of inclusion of employees of 
Department of Energy management and operating contractors. 
Sec. 3115. Availability of funds. 
Sec. 3116. Limitation on obligation of funds for Nuclear Test Readiness pro-
gram. 
Sec. 3117. Requirement for on-site managers. 
Subtitle C—Consolidation of National Security Provisions 
Sec. 3121. Transfer and consolidation of recurring and general provisions on 
Department of Energy national security programs. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 
BOARD 
Sec. 3201. Authorization. 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
Sec. 3301. Authorized uses of National Defense Stockpile funds. 
Sec. 3302. Revisions to objectives for receipts for fiscal year 2000 disposals. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Subtitle A—General Provisions 
Sec. 3501. Short title. 
Sec. 3502. Definitions. 
Subtitle B—Maritime Security Fleet 
Sec. 3511. Establishment of Maritime Security Fleet. 
Sec. 3512. Award of operating agreements. 
Sec. 3513. Effectiveness of operating agreements. 
Sec. 3514. Obligations and rights under operating agreements. 
Sec. 3515. Payments. 
Sec. 3516. National security requirements. 
Sec. 3517. Regulatory relief.
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Sec. 3518. Special rule regarding age of former participating fleet vessel. 
Sec. 3519. Authorization of appropriations. 
Sec. 3520. Amendment to Shipping Act, 1916. 
Sec. 3521. Regulations. 
Sec. 3522. Repeals and conforming amendments. 
Sec. 3523. Effective dates. 
Subtitle C—National Defense Tank Vessel Construction 
Assistance 
Sec. 3531. National defense tank vessel construction program. 
Sec. 3532. Application procedure. 
Sec. 3533. Award of assistance. 
Sec. 3534. Priority for title XI assistance. 
Sec. 3535. Authorization of appropriations. 
Subtitle D—Maritime Administration Authorization 
Sec. 3541. Authorization of appropriations for Maritime Administration for fis-
cal year 2004. 
Sec. 3542. Authority to convey vessel USS HOIST (ARS–40). 
Sec. 3543. Authority to convey NDRF vessels and vessel contents. 
TITLE XXXVI—NUCLEAR SECURITY INITIATIVE 
Sec. 3601. Short title. 
Subtitle A—Nonproliferation Program Enhancements 
Sec. 3611. Establishment of International Nuclear Materials Protection and 
Cooperation Program in Department of State. 
Subtitle B—Administration and Oversight of Threat Reduction 
and Nonproliferation Programs 
Sec. 3621. Analysis of effect on threat reduction and nonproliferation programs 
of congressional oversight measures with respect to such pro-
grams. 
Sec. 3622. Annual report on the use of funds appropriated for threat reduction 
and nonproliferation in states of the former Soviet Union. 
Sec. 3623. Plan for and coordination of chemical and biological weapons non-
proliferation programs with states of the former Soviet Union. 
Subtitle C—United States—Russia Relations 
Sec. 3631. Comprehensive inventories and data exchanges on nuclear weapons-
grade material and nuclear weapons. 
Sec. 3632. Establishment of Duma-Congress nuclear threat reduction working 
group. 
Sec. 3633. Joint United States/North Atlantic Treaty Organization cooperation 
with Russia on theater-level ballistic missile defenses. 
Sec. 3634. Encouragement of enhanced collaboration to achieve more reliable 
Russian early warning systems. 
Sec. 3635. Teller-Kurchatov Alliance for Peace. 
Sec. 3636. Nonproliferation fellowships. 
Subtitle D—Other Matters
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Sec. 3641. Promotion of discussions on nuclear and radiological security and 
safety between the International Atomic Energy Agency and 
the Organization for Economic Cooperation and Development.
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 
fiscal 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.
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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 
fiscal year 2004 for procurement for the Air Force as fol-
lows: 
(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 
fiscal year 2004 for Defense-wide procurement in the 
amount of $3,734,821,000.
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Subtitle B—Army Programs
SEC. 111. STRYKER VEHICLE PROGRAM. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated under section 101 for procurement for the 
Army for fiscal year 2004 that are available for the 
Stryker vehicle 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 
certification 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 
Secretary of Defense not later than July 8, 2003, that 
identifies options for modifications to the equipment and 
configuration of the Army brigade designated as ‘‘Stryker 
brigades’’ to assure that those brigades, after incor-
porating such modifications, provide—
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(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 
Defense of the report of the Secretary of the Army re-
ferred to in subsection (b), the modification options identi-
fied by the Secretary of the Army for purposes of that 
report. The Secretary of Defense shall include any com-
ments that may be applicable to the analysis of the Sec-
retary of the Army’s report and shall certify to the com-
mittees whether in the Secretary’s judgment fielding the 
fourth Stryker brigade as planned by the Army in a dif-
ferent 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
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obligation 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 com-
bat team that would accelerate the options for modi-
fications to enhance Stryker brigades identified in 
subsection (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 reviewing the Secretary of Army’s report under 
subsection (b), determines that the current configu-
ration of the fourth Stryker brigade meets the cri-
teria in paragraphs (1) through (3) of subsection (b) 
and certifies 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
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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 vehicles. 
SEC. 112. CONFIGURATION OF FOURTH STRYKER BRIGADE 
COMBAT TEAM. 
(a) CONFIGURATION, LETHALITY ENHANCEMENTS, 
AND SUSTAINABILITY.—The Secretary of the Army shall 
configure the fourth Stryker brigade combat team so that 
that brigade combat team provides the commanders of 
combatant commands with enhanced combat capability 
and 
sustainability 
well 
beyond 
the 
combat 
and 
sustainment capabilities provided by any one of the first 
three fielded Stryker brigade combat teams. 
(b) FUNDS.—The amount provided in section 101(3) 
is hereby increased by $100,000,000, to be available for 
procurement of additional lethality and sustainability en-
hancements for the fourth Stryker brigade combat team. 
(c) OPTIONS FOR CONSIDERATION.—In the execution 
of the funds provided pursuant to subsection (b)(1), the 
Secretary of the Army shall include among the enhance-
ments considered for the configuration of the fourth 
Stryker brigade combat team enhancement with heavy ar-
mored vehicles, with additional heavy attack helicopters, 
with additional reconnaissance and attack helicopters, and
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with indirect fire artillery capabilities, or with any com-
bination thereof. 
(d) REPORT REQUIRED.—Not later than 30 days 
after the date of the enactment of this Act, the Secretary 
of the Army shall submit to the congressional defense com-
mittees a report that details the additional types of 
lethality and sustainability enhancements that will be 
fielded as part of the new configuration of the fourth 
Stryker brigade combat team.
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 
program 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 
TACTICAL 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
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program 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 available, 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 
defense committees a certification that the Secretary 
has made each of the findings with respect to such 
contract 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.
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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 
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 16 en-
gines 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 De-
fense 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
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amounts authorized for procurement of Tomahawk 
cruise missiles; and 
(2) the amount provided in section 102 for 
shipbuilding and conversion is increased by the 
amount of the reduction under paragraph (1), with 
the amount of such increase to be available for ad-
vance procurement of long-lead items, including the 
advance fabrication of components, for one LPD–17 
class vessel.
Subtitle D—Air Force Programs
SEC. 131. AIR FORCE AIR REFUELING TRANSFER ACCOUNT. 
(a) TRANSFER ACCOUNT.—There is hereby estab-
lished an account for the Department of the Air Force 
to be known as the Air Force Air Refueling Transfer Ac-
count. Amounts in such account may be used in accord-
ance with subsection (c). 
(b) AUTHORIZATION OF APPROPRIATIONS.—Within 
the amount provided in section 103(1), there is authorized 
to be appropriated to the Air Force Air Refueling Transfer 
Account for fiscal year 2004 the amount of $229,200,000. 
(c) AUTHORIZED USE OF FUNDS.—Amounts in the 
Air Force Air Refueling Transfer Account may be used 
for any of the following purposes, as determined by the 
Secretary of the Air Force:
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(1) Necessary expenses for fiscal year 2004 to 
prepare for leasing of tanker aircraft under section 
8159 of the Department of Defense Appropriations 
Act, 2002 (division A of Public Law 107–117; 115 
Stat. 2284; 10 U.S.C. 2401a note). 
(2) Necessary expenses for fiscal year 2004 to 
prepare for purchase of tanker aircraft for the Air 
Force. 
(3) Retaining in active service (rather than re-
tiring) KC–135E aircraft. 
(4) Maintenance of equipment for KC–135 air-
craft that was purchased through a depot. 
(d) AUTHORIZED
TRANSFERS.—Subject to sub-
sections (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 appropria-
tions available for procurement, for research, development, 
test, and evaluation, for operation and maintenance, and 
for military personnel (in the case of retaining KC–135E 
aircraft in active service), in such amounts as the Sec-
retary 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
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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, in-
cluding 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 com-
mittees.
SEC. 132. INCREASE IN NUMBER OF AIRCRAFT AUTHOR-
IZED TO BE PROCURED UNDER MULTIYEAR 
PROCUREMENT AUTHORITY FOR AIR FORCE 
C–130J AIRCRAFT PROGRAM. 
Section 131(a) of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107–
314; 116 Stat. 2475) is amended by striking ‘‘40 C–130J 
aircraft’’ 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
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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 
Enhancement and Reengining Program (RERP) 
configuration, as planned under the C–5 System De-
velopment and Demonstration program as of May 1, 
2003; and 
(2) the Director of Operational Test and Eval-
uation 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 
operational assessment. 
(b) OPERATIONAL
EVALUATION.—An operational 
evaluation 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 per-
formance of the aircraft with respect to reliability, main-
tainability, 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
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C–5A aircraft to the configuration referred to in sub-
section (a)(1) regarding both overall suitability and defi-
ciencies 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 effect 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 
fiscal 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 Logis-
tics 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 
software operational flight program that is des-
ignated 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 
average, an avionics software mean time between in-
stability events of at least 20 hours.
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(b) CONTINGENCY
WAIVER
AUTHORITY.—If the 
Under Secretary notifies the Secretary of Defense that the 
Under Secretary is unable to make the certification de-
scribed in subsection (a), the Secretary may waive the lim-
itation under that subsection. Upon making such a waiv-
er—
(1) the Secretary of Defense shall notify the 
congressional 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 
fiscal 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.
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(3) For the Air Force, $20,548,867,000. 
(4) 
For 
Defense-wide 
activities, 
$18,461,046,000, of which $286,661,000 is author-
ized for the Director of Operational Test and Eval-
uation. 
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 Pro-
gram, including basic research, applied research, and ad-
vanced technology development projects. 
(b) BASIC RESEARCH, APPLIED RESEARCH, AND AD-
VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For 
purposes of this section, the term ‘‘basic research, applied 
research, and advanced technology development’’ means 
work funded in program elements for defense research and 
development under Department of Defense category 6.1, 
6.2, or 6.3. 
SEC. 203. PROGRAM INCREASES. 
(a) COMPUTER-ASSISTED
MEDICAL
DIAGNOSTIC 
TECHNOLOGY.—The amount provided in section 201(1) 
for research, development, test, and evaluation, Army, is 
hereby increased by $3,000,000, to be available for Med-
ical Advanced Technology in Program Element 0603002A
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for evaluation for potential use by Department of Defense 
medical treatment facilities of commercially available med-
ical diagnostic technology that, using a digital chemical 
library and decision support software, can be used for di-
agnosis of dermatological diseases. 
(b) LIGHTWEIGHT CARTRIDGE CASES FOR AMMUNI-
TION.—The amount provided in section 201(1) for re-
search, development, test, and evaluation, Army, is hereby 
increased by $3,000,000, to be available for Weapons and 
Munitions Advanced Technology in Program Element 
0603004A for advanced technology development for light-
weight cartridge cases for ammunition. 
(c) 
AVIATION-SHIPBOARD
INFORMATION
TECH-
NOLOGY.—The amount provided in section 201(2) for re-
search, development, test, and evaluation, Navy, is hereby 
increased by $6,500,000, to be available for Shipboard 
Aviation Systems in Program Element 0604512N to com-
plete research and development for the Aviation-Shipboard 
Information Technology Initiative. 
(d) AUTOREAD.—The amount provided in section 
201(2) for research, development, test, and evaluation, 
Navy, is hereby increased by $1,400,000, to be available 
for Shipboard Aviation Systems in Program Element 
0604512N to complete research and development for the 
AutoREAD system for improving the accuracy and reduc-
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ing the workload of collecting preventive maintenance data 
on aircraft launch and recovery systems. 
(e) SPIKE URBAN WARFARE SYSTEM.—The amount 
provided in section 201(2) for research, development, test, 
and evaluation, Navy, is hereby increased by $5,000,000, 
to be available for the Marine Corps Advanced Technology 
Demonstrations in Program Element 0603640M for devel-
opment and demonstration of the SPIKE urban warfare 
system. 
(f) RESEARCH IN HYDROGRAPHIC SCIENCES.—The 
amount provided in section 201(2) for research, develop-
ment, test, and evaluation, Navy, is hereby increased by 
$3,250,000, to be available for Air/Ocean Tactical Appli-
cations advanced component development and prototyping 
in Program Element 0603207N for hydrographic sciences 
research. 
(g) SHIPBOARD ELECTRONIC WARFARE IMPROVE-
MENTS.—The amount provided in section 201(2) for re-
search, development, test, and evaluation, Navy, is hereby 
increased by $5,000,000, to be available for system devel-
opment and demonstration for Tactical Command Sys-
tems in Program Element 0604231N for an at-sea dem-
onstration for shipboard use of a variant of the F/A-22 
digital electronic warfare product improvement program.
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(h) AEROSPACE SENSORS.—The amount provided in 
section 201(3) for research, development, test, and evalua-
tion, Air Force, is hereby increased by $4,000,000, to be 
available for Aerospace Sensors in Program Element 
0602204F 
for 
development 
of 
general 
purpose 
reconfigurable signal processors suitable for time critical 
sensor processing for broad military intelligence, surveil-
lance, and reconnaissance applications. 
(i) ELEMENTAL
DETECTOR
TECHNOLOGY
AP-
PRAISAL.—The amount provided in section 201(4) for re-
search, development, test, and evaluation, Defense-Wide, 
is hereby increased by $2,000,000, to be available for Pro-
gram Element 0603750D8Z, Advanced Concept Tech-
nology Demonstrations, to evaluate the capability of an 
elemental detector to provide directional cueing to con-
centrations of specific elements and compounds. 
(j) MUSTARD GAS ANTIDOTE.—The amount provided 
in section 201(4) for research, development, test, and eval-
uation, Defense-wide, is hereby increased by $5,000,000, 
to be available for Chemical-Biological Defense Applied 
Research in Program Element 0603284BP for continuing 
applied research on an antidote for mustard gas.
HR 1588 RDS 
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions
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 electro-
magnetic propulsion for direct and indirect fire applica-
tions. 
(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 Re-
search Projects Agency. The program shall include the fol-
lowing activities: 
(1) Identification of technical objectives, quan-
tified technical barriers, and enabling technologies 
associated with development of the objective electro-
magnetic gun systems envisioned to meet the needs 
of each of the Armed Forces and, in so doing, identi-
fication of opportunities for development of compo-
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nents or subsystems common to those envisioned 
gun systems. 
(2) Preparation of a time-based plan for devel-
opment 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 
applications (in the case of the Navy), which—
(A) 
includes 
the 
programs 
currently 
planned by the Army and by the Navy and 
demonstrates 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 com-
mon to the Army and Navy programs, identification 
of whether lead responsibility for developing that 
technology should be assigned to the Secretary of 
the Army, the Secretary of the Navy, or the Direc-
tor, with the Director favored in cases in which the 
technology is highly challenging or high risk, high
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reward, and with each such Secretary favored in 
cases in which that Secretary’s military department 
possesses superior expertise or experience with the 
technology. 
(4) Identification of a strategy for the partici-
pation of industry in the program. 
(c) MATTERS
INCLUDED.—The advanced tech-
nologies and concepts included under the program may in-
clude, but are not limited to, the following: 
(1) Advanced electrical power, energy storage, 
and switching systems. 
(2) Electromagnetic launcher materials and 
construction 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 
MILITARY DEPARTMENTS.—The Secretary of the Army 
and the Secretary of the Navy shall carry out separate 
programs for the evaluation and demonstration of ad-
vanced technologies and concepts for, and for the further 
development and acquisition of, advanced gun systems re-
ferred to in subsection (a). Each such Secretary shall in-
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corporate 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 
Secretary of the Army, the Secretary of the Navy, and 
the Director 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 fol-
lowing: 
(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.
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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 se-
lected 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
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procurement 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 con-
trol of the Secretary, the head of the joint program office 
designated 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 de-
velopment of the software and equipment for that 
system; 
(3) establish and control the standards for op-
eration 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 
defense committees a report on such program. The report 
shall include the following: 
(1) The findings and conclusions of—
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(A) the review of the Future Combat Sys-
tems program carried out by the independent 
panel at the direction of the Secretary of De-
fense; 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 param-
eters relating to the Future Combat Systems pro-
gram, the threshold value at which the utility of the 
individual systems comprising the Future Combat 
Systems program become questionable. 
(3) For each of the three projects requested 
under program element 64645A, Armored Systems 
Modernization, 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 assigned a separate, dedicated program element; 
and
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(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 via-
ble such technologies for research, development, and 
production. 
(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.
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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 in-
serting ‘‘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 
Defense shall provide for the performance of eight inde-
pendent studies on alternative future fleet platform archi-
tectures 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 un-
classified, and to the extent necessary, in classified 
versions. 
(b) ENTITIES
TO PERFORM STUDIES.—The Sec-
retary of Defense shall provide for the studies under sub-
section (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 De-
fense.
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platform architecture to constrain the analysis for pur-
poses of that study. 
(d) NAVAL STUDIES.—Each study under this section 
shall present one or two possible overall fleet platform ar-
chitectures. For each such architecture presented, the 
study shall include the following: 
(1) The numbers, kinds, and sizes of vessels, 
the numbers and types of associated manned and 
unmanned vehicles, and the basic capabilities of each 
of those platforms. 
(2) Other information needed to understand 
that architecture in basic form and the supporting 
analysis. 
(e) COSTS.—Within the amount provided in section 
201(2), the amount of $1,600,000 is authorized, within 
Program Element 65154N, for the purposes of this sec-
tion.
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—
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(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 
program 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 
element specified in subsection (a)’’ and inserting ‘‘for a 
fiscal year for any program element specified for that fis-
cal year pursuant to subsection (a)’’. 
(2) Subsection (c)(3) of section 232 of the National 
Defense 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 effect pursuant to subsection (a) or (b)’’. 
(c) AMENDMENTS RELATING TO CHANGES IN ACQUI-
SITION TERMINOLOGY.—(1) Section 223(b)(2) of title 10, 
United States Code, is amended by striking ‘‘means the 
development phase whose’’ and inserting ‘‘means the pe-
riod in the course of an acquisition program during which 
the’’.
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(2) Subsection (d)(1) of section 232 of the National 
Defense 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 
fiscal year 2004 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and 
maintenance, 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.
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(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 
fiscal year 2004 for the use of the Armed Forces and other
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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 Work-
ing Capital Fund, $1,089,246,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 
(a) DEFENSE HEALTH PROGRAM.—Funds are here-
by 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 
Maintenance; 
(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 
appropriated for the Department of Defense for fiscal year 
2004 for expenses, not otherwise provided for, for Chem-
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ical 
Agents 
and 
Munitions 
Destruction, 
Defense, 
$1,580,261,000, of which—
(A) $1,249,168,000 is for Operation and Main-
tenance; 
(B) $251,881,000 is for Research, Develop-
ment, 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 Department of Defense Authorization Act, 1986 
(50 U.S.C. 1521); and 
(B) the destruction of chemical warfare mate-
riel of the United States that is not covered by sec-
tion 1412 of such Act. 
(c) DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 
to be appropriated for the Department of Defense for fis-
cal 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 
hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2004 for expenses, not otherwise
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provided for, for the Office of the Inspector General of 
the Department of Defense, $162,449,000. 
SEC. 304. COUNTEREXPLOITATION INITIATIVE. 
Within the amount authorized to be appropriated by 
section 301(5) for operations and maintenance, Defense-
wide, the amount for the United States Special Operations 
Command is hereby increased by $1,100,000, to be made 
available for the initiative for accurately tracing portable, 
sensitive items exported beyond the borders of the United 
States. 
SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE 
OPERATION AND MAINTENANCE ACCOUNT. 
The amount authorized to be appropriated in section 
301(4) is hereby reduced by $135,500,000.
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:
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(A) The Department of Defense maintains over 
25,000,000 acres of valuable fish and wildlife habi-
tat on approximately 400 military installations na-
tionwide. 
(B) These lands contain a wealth of plant and 
animal life, vital wetlands for migratory birds, and 
nearly 300 federally listed threatened species and 
endangered 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 en-
hanced while allowing these lands to meet the needs 
of military 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,
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including the preparation and implementation of in-
tegrated 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 es-
sential to the conservation of wildlife species on mili-
tary land. 
(2) It is the sense of Congress that the Secretary of 
Defense should take whatever steps are necessary to en-
sure that section 107 of the Sikes Act (16 U.S.C. 670e–
2) is fully implemented consistent with the findings made 
in paragraph (1). 
(c) PILOT PROGRAM FOR INVASIVE SPECIES MAN-
AGEMENT FOR MILITARY INSTALLATIONS.—(1) Section 
101(b)(1) of the Sikes Act (16 U.S.C. 670a(b)(1)) is 
amended by redesignating subparagraphs (D) through (J) 
in order as subparagraphs (E) through (K), and by insert-
ing after subparagraph (C) the following:
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‘‘(D) during fiscal years 2004 through 
2008, in the case of a plan for a military instal-
lation in Guam, management, control, and 
eradication of invasive species that are not na-
tive to the ecosystem of the military installation 
and the introduction of which cause or may 
cause harm to military readiness, the environ-
ment, the economy, or human health and safe-
ty;’’. 
(2) The amendment made by paragraph (1) shall 
apply—
(A) to any integrated natural resources man-
agement 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 man-
agement 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.
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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 engaged 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 ap-
proved in accordance with the Federal Guidance for the 
Establishment, Use and Operation of Mitigation Banks 
(60 Fed. Reg. 58605; November 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; November 7, 2000), or any suc-
cessor administrative guidance. 
‘‘(b) ALTERNATIVE TO CREATION OF WETLAND.—
Participation 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.
HR 1588 RDS 
‘‘(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 SAL-
VAGE 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 sec-
tion, the term ‘salvage facilities’ includes equipment and 
gear utilized to prevent, abate, or minimize damage to the 
environment in connection with a marine salvage oper-
ation.’’. 
(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
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(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 sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) 
RESPONSE
TO
ENVIRONMENTAL
EMER-
GENCIES.—The authority of the Secretary of Defense to 
transport humanitarian 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 environment.’’.
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(b) CONDITIONS
ON
PROVISION
OF
TRANSPOR-
TATION.—Subsection (b) of such section is amended—
(1) in paragraph (1)(C), by inserting ‘‘or enti-
ty’’ 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.—
Section 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 
paragraph: 
‘‘(2) The authority of the Department of Defense to 
provide humanitarian assistance under this section in-
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cludes the authority to transport supplies or provide as-
sistance 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 
ADVISORY COMMITTEE ACT. 
(a) MEMBERSHIP
AND MEETING REQUIREMENTS 
FOR RESTORATION ADVISORY BOARDS.—The Secretary of 
Defense 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 
performed. 
(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 res-
toration advisory board shall be—
(A) held at a reasonable time and in a 
manner or place reasonably accessible to the
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public, 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, appen-
dixes, working papers, drafts, studies, agenda, or 
other documents that were made available to, pre-
pared for, or prepared by each restoration advisory 
board shall be available for public inspection and 
copying at a single, publicly accessible location, such 
as a public library or an appropriate office of the 
military installation for which the restoration advi-
sory board is established, at least until the restora-
tion advisory board is terminated. 
(6) Detailed minutes of each meeting of each 
restoration advisory board shall be kept and shall 
contain a record of the persons present, a complete 
and accurate description of matters discussed and
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conclusions reached, and copies of all reports re-
ceived, issued, or approved by the restoration advi-
sory board. The accuracy of the minutes of a res-
toration 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 es-
tablished under this subsection.’’.
SEC. 316. REPORT REGARDING IMPACT OF CIVILIAN COM-
MUNITY 
ENCROACHMENT 
AND 
CERTAIN 
LEGAL REQUIREMENTS ON MILITARY IN-
STALLATIONS AND RANGES. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a study on the impact, if any, of the fol-
lowing types of activities at military installations and oper-
ational 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 reason-
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ably 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, ord-
nance operations and storage, or other activities that 
generate or might generate noise, electro-magnetic 
interference, ordnance arcs, or environmental im-
pacts that require or may require safety or oper-
ational 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.
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(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 po-
tential 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 evalua-
tion, maintenance, storage, disposal, or other sup-
port functions performed by military installations in-
cluded on the list. The analysis shall include the fol-
lowing: 
(A) A review of training and test ranges at 
military installations, including laboratories and 
technical centers of the military departments, 
included on the list. 
(B) A description and explanation of the 
trends of such encroachment, as well as consid-
eration of potential future readiness problems 
resulting from unabated encroachment. 
(4) An estimate of the costs associated with 
current and anticipated partnerships between the 
Department of Defense and non-Federal entities to 
create buffer zones to preclude further development
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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 miti-
gate current and anticipated future civilian commu-
nity 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 encoun-
tering 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 po-
tential future impact of such compliance problems 
on the following functions performed at military in-
stallations: 
(A) Operational training activities. 
(B) Research, development, test, and eval-
uation activities.
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(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 consider-
ation of potential future readiness problems result-
ing 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 sub-
section (a), including the specific matters required to be 
addressed by paragraphs (1) through (5) of subsection (b) 
and paragraphs (1) through (4) of subsection (c).
SEC. 317. MILITARY READINESS AND CONSERVATION OF 
PROTECTED SPECIES. 
(a) LIMITATION
ON DESIGNATION
OF CRITICAL 
HABITAT.—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:
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‘‘(B)(i) The Secretary shall not designate as critical 
habitat any lands or other geographical areas owned or 
controlled by the Department of Defense, or designated 
for its use, that are subject to an integrated natural re-
sources management plan prepared under section 101 of 
the Sikes Act (16 U.S.C. 670a), if the Secretary deter-
mines that such plan addresses special management con-
siderations or protection (as those terms are used in sec-
tion 3(5)(A)(i)). 
‘‘(ii) Nothing in this paragraph affects the require-
ment 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, 
including the prohibition preventing extinction and taking 
of endangered species and threatened species.’’. 
(b) CONSIDERATION OF EFFECTS OF DESIGNATION 
OF CRITICAL HABITAT.—Section 4(b)(2) of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is 
amended by inserting ‘‘the impact on national security,’’ 
after ‘‘the economic impact,’’. 
SEC. 318. MILITARY READINESS AND MARINE MAMMAL 
PROTECTION. 
(a) DEFINITION
OF HARASSMENT
FOR MILITARY 
READINESS ACTIVITIES.—Section 3(18) of the Marine
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the case of a military readiness activity, harassment 
described in subparagraph (B)(ii).’’. 
(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 
inserting after subsection (e) the following: 
‘‘(f) EXEMPTION OF ACTIONS NECESSARY FOR NA-
TIONAL DEFENSE.—(1) The Secretary of Defense, after 
conferring with the Secretary of Commerce, the Secretary 
of the Interior, or both, as appropriate, may exempt any 
action or category of actions undertaken by the Depart-
ment of Defense or its components from compliance with 
any requirement 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 ef-
fective for a period specified by the Secretary of De-
fense; and 
‘‘(B) shall not be effective for more than 2 
years. 
‘‘(3)(A) The Secretary of Defense may issue addi-
tional exemptions under this subsection for the same ac-
tion or category of actions, after—
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‘‘(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 para-
graph shall be effective for a period specified by the Sec-
retary 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), by adding at the end 
the following: 
‘‘Notwithstanding the preceding sentence, the Sec-
retary is not required to publish notice under this 
subparagraph with respect to incidental takings 
while engaged in a military readiness activity (as de-
fined in section 315(f) of Public Law 107–314; 16 
U.S.C. 703 note) authorized by the Secretary of De-
fense, except in the Federal Register.’’; 
(2) in subparagraph (D), by adding at the end 
the following new clause: 
‘‘(vi) Notwithstanding clause (iii), the Secretary 
is not required to publish notice under this subpara-
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graph with respect 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) author-
ized by the Secretary of Defense, except in the Fed-
eral Register.’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(F) In determining whether a military readi-
ness activity (as defined in section 315(f) of Public 
Law 107–314; 16 U.S.C. 703 note) authorized by 
the Secretary of Defense is in compliance with the 
requirements of subparagraphs (A), (B), and (D), 
the following references shall not apply: 
‘‘(i) In subparagraph (A), ‘within a speci-
fied geographical region’ and ‘within that region 
of small numbers’. 
‘‘(ii) In subparagraph (B), ‘within a speci-
fied geographical region’ and ‘within one or 
more regions’. 
‘‘(iii) In subparagraph (D), ‘within a spe-
cific geographic region’, ‘of small numbers’, and 
‘within that region’.’’.
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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 sec-
tion 7 of the Endangered Species Act of 1973 (16 U.S.C. 
1536), in the case of Fort Huachuca, Arizona, the Sec-
retary of the Army may be held responsible for water con-
sumption that occurs on that military installation (or out-
side of that installation 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 installa-
tion and the water consumption outside of that installation 
may impact a critical habitat or endangered species out-
side the installation. 
(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 con-
sumption of water, from any source, for human purposes
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of any kind, including household or industrial use, irriga-
tion, 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 
enactment 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 in-
tent of applicable environmental laws.
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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 orga-
nizations are eligible for selection to participate in the 
pilot program:
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(1) Organizations that underwent a Business 
Process Reengineering initiative within the preceding 
five years, achieved major performance enhance-
ments under the initiative, and will be able to sus-
tain previous 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 Busi-
ness Process Reengineering initiative. 
(c) ADDITIONAL ELIGIBILITY REQUIREMENTS.—(1) 
To be eligible for selection to participate in the pilot pro-
gram under subsection (b)(1), an organization described 
in such subsection must be able to demonstrate the com-
pletion 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—
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(A) functions, processes, and measures to be 
studied under the Business Process Reengineering 
initiative; 
(B) adequate resources for assignment to carry 
out the Business Process Reengineering initiative; 
and 
(C) labor/management agreements in place to 
ensure 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 organi-
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zation as a result of successful implementation of a Busi-
ness Process Reengineering initiative under the pilot pro-
gram shall be exempt, during the five-year period following 
such designation, from any Office of Management and 
Budget Circular 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 
reviews 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 per-
formance of the organization. 
(2) Organic knowledge, skills or expertise. 
(3) Efficiency and effectiveness of key functions 
or processes.
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(4) Efficiency and effectiveness of the overall 
organization. 
(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 
Re-
engineering’’ refers to an organization’s complete 
and thorough analysis and reengineering of mission 
and support functions and processes to achieve im-
provements in performance, including a fundamental 
reshaping of the way work is done to better support 
an organization’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 Manage-
ment and Budget Circular A–76, as the circular exists as 
of May 1, 2003, for possible contracting out of work being 
performed, as of such date, by employees of the Depart-
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ment of Defense, until the end of the 45-day period begin-
ning on the date on which the Secretary of Defense sub-
mits 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 en-
sure that employees of the Department of Defense 
have the opportunity to compete to retain their jobs. 
(2) The extent to which the revisions will pro-
vide appeal and protest rights to employees of the 
Department of Defense that are equivalent to those 
available to contractors. 
(3) Identify safeguards in the revisions to en-
sure that all public-private competitions are fair, ap-
propriate, 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 re-
visions, as recommended by the Commercial Activi-
ties Panel of the Government Accounting Office in 
its April 2002 report to Congress, including rec-
ommendations for any legislative changes that may
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be required to ensure a smooth and efficient phase-
in period. 
(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 re-
sult of a sourcing process conducted under the re-
vised Office 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 mul-
tiple 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 im-
provements would result from the trade combina-
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tions proposed to be implemented under the dem-
onstration 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 
percent 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 
operation and maintenance of the Naval Aviation Depots 
selected to participate in the demonstration project shall 
be used as the source of funds to carry out the demonstra-
tion project, including the source of funds for pay in-
creases made under the project. 
(e) DURATION.—The demonstration project shall be 
conducted during fiscal years 2004 through 2006.
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(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 trans-
mit 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 
MANAGEMENT REQUIREMENTS FOR CHIEF 
INFORMATION OFFICERS OF DEPARTMENT 
OF DEFENSE. 
(a) ACCOUNTABILITY.—Section 2223 of title 10, 
United States Code, is amended—
(1) by redesignating subsection (c) as sub-
section (e); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) PERFORMANCE-BASED
AND
RESULTS-BASED 
MANAGEMENT.—In addition to the responsibilities pro-
vided for in subsections (a) and (b), the Chief Information 
Officer of the Department of Defense and the Chief Infor-
mation Officer of a military department shall—
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‘‘(1) encourage the use of performance-based 
and results-based management in fulfilling the re-
sponsibilities provided for in subsections (a) and (b), 
as applicable; 
‘‘(2) evaluate the information resources man-
agement practices of the department concerned with 
respect to the performance and results of the invest-
ments made by the department in information tech-
nology; 
‘‘(3) establish effective and efficient capital 
planning processes for selecting, managing, and eval-
uating the results of all of the department’s major 
investments 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-
related processes, administrative processes, and any 
significant 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:
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‘‘(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 sub-
sections (b) and (c) for Chief Information Officers of mili-
tary departments are carried out within the Agency or 
Field Activity 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 fol-
lows: 
‘‘§ 2451. Defense supply management 
‘‘(a) SINGLE CATALOG SYSTEM.—The Secretary of 
Defense shall adopt, implement and maintain a single 
catalog system for standardizing supplies for the Depart-
ment of Defense. The single catalog system shall be used 
for each supply the Department uses, buys, stocks, or dis-
tributes. 
‘‘(b) STANDARDIZATION REQUIREMENTS.—To the 
highest degree practicable, the Secretary of Defense 
shall—
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‘‘(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 fa-
cilities for inspecting, testing, and accepting sup-
plies. 
‘‘(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 
MEMBERS.—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.
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(2) The table of sections at the beginning of such 
chapter is amended by striking the items related to sec-
tions 2452, 2453, and 2454.
SEC. 342. SPACE-AVAILABLE TRANSPORTATION FOR DE-
PENDENTS OF MEMBERS ASSIGNED TO OVER-
SEAS DUTY LOCATIONS FOR CONTINUOUS 
PERIOD IN EXCESS OF ONE YEAR. 
(a) IN GENERAL.—Chapter 157 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 2648. Dependents of members assigned to overseas 
duty locations for continuous period in 
excess of one year: space-available trans-
portation 
‘‘(a) AUTHORITY.—The Secretary of Defense shall 
authorize travel on Government aircraft on a space-avail-
able basis for dependents of members on active duty as-
signed to duty at an overseas location as described in sub-
section (b) to the same extent as such travel is authorized 
for a dependent of a member assigned to that duty loca-
tion 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
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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 
section, 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 contin-
uous period in excess of one year: space-available transpor-
tation.’’.
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.
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SEC. 344. EXPANSION OF DEPARTMENT OF DEFENSE EX-
CESS PERSONAL PROPERTY DISPOSAL PRO-
GRAM TO INCLUDE HEALTH AGENCIES IN AD-
DITION TO LAW ENFORCEMENT AND FIRE-
FIGHTING AGENCIES. 
(a) INCLUSION
OF HEALTH AGENCIES.—Section 
2576b of title 10, United States Code, is amended—
(1) by striking subsection (a) and inserting the 
following new subsection (a): 
‘‘(a) TRANSFER
AUTHORIZED.—Subject to sub-
section (b), the Secretary of Defense may transfer to a 
firefighting agency or health agency in a State any per-
sonal property of the Department of Defense that the Sec-
retary determines is—
‘‘(1) excess to the needs of the Department of 
Defense; and 
‘‘(2) suitable for use in providing fire and emer-
gency medical services or responding to health or en-
vironmental emergencies, including personal protec-
tive equipment and equipment for communication 
and monitoring.’’; and 
(2) in subsection (b)(2) and (c), by striking 
‘‘firefighting’’ both places it appears. 
(b) CLERICAL AMENDMENTS.—(1) The heading of 
such section is amended to read as follows:
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‘‘§ 2576b. Excess personal property: sale or donation 
to assist firefighting agencies and health 
agencies 
(2) The table of sections at the beginning of chapter 
153 of such title is amended by striking the item relating 
to section 2576b and inserting the following new item:
‘‘2576b. Excess personal property: sale or donation to assist firefighting agen-
cies and health agencies.’’.
SEC. 345. DEPARTMENT OF DEFENSE PUBLIC HEALTH AS-
SESSMENT OF EXPOSURE TO PERCHLORATE. 
(a) EPIDEMIOLOGICAL STUDY
OF EXPOSURE
TO 
PERCHLORATE.—
(1) IN
GENERAL.—The Secretary of Defense 
shall provide for an independent epidemiological 
study of exposure to perchlorate in drinking water. 
(2) PERFORMANCE OF STUDY.—The Secretary 
shall provide for the performance of the study under 
this subsection through the Centers for Disease Con-
trol, the National Institutes of Health, or another 
Federal entity with experience in environmental toxi-
cology selected by the Secretary for purposes of the 
study. 
(3) MATTERS TO BE INCLUDED IN STUDY.—In 
providing for the study under this subsection, the 
Secretary shall require the Federal entity conducting 
the study—
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(A) to assess the incidence of thyroid dis-
ease and measurable effects of thyroid function 
in relation to exposure to perchlorate; 
(B) to ensure that the study is of sufficient 
scope and scale to permit the making of mean-
ingful conclusions of the measurable public 
health threat associated with exposure to per-
chlorate, especially the threat to sensitive sub-
populations; and 
(C) to study thyroid function, including 
measurements of urinary iodine and thyroid 
hormone levels, in a sufficient number of preg-
nant women, neonates, and infants exposed to 
perchlorate in drinking water and match meas-
urements of perchlorate levels in the drinking 
water of each study participant in order to per-
mit the development of meaningful conclusions 
on the public health threat to individuals ex-
posed to perchlorate. 
(4) REPORT ON STUDY.—The Secretary shall 
require the Federal entity conducting the study 
under this subsection to submit to the Secretary a 
report on the study not later than June 1, 2005. 
(b) REVIEW OF EFFECTS OF PERCHLORATE ON EN-
DOCRINE SYSTEM.—
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(1) IN GENERAL.—The Secretary shall provide 
for an independent review of the effects of per-
chlorate on the human endocrine system. 
(2) PERFORMANCE OF REVIEW.—The Secretary 
shall provide for the performance of the review 
under this subsection through the Centers for Dis-
ease Control, the National Institutes of Health, or 
another appropriate Federal research entity with ex-
perience in human endocrinology selected by the Sec-
retary for purposes of the review. The Secretary 
shall ensure that the panel conducting the review is 
composed of individuals with expertise in human en-
docrinology. 
(3) MATTERS TO BE INCLUDED IN REVIEW.—
In providing for the review under this subsection, 
the Secretary shall require the Federal entity con-
ducting the review to assess—
(A) available data on human exposure to 
perchlorate, including clinical data and data on 
exposure of sensitive subpopulations, and the 
levels at which health effects were observed; and 
(B) available data on other substances that 
have endocrine effects similar to perchlorate to 
which the public is frequently exposed.
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(4) REPORT ON REVIEW.—The Secretary shall 
require the Federal entity conducting the review 
under this subsection to submit to the Secretary a 
report on the review not later than June 1, 2005. 
SEC. 346. PERMANENT AUTHORITY FOR PURCHASE OF CER-
TAIN MUNICIPAL SERVICES AT INSTALLA-
TIONS IN MONTEREY COUNTY, CALIFORNIA. 
(a) AUTHORITY.—Subject to subsection (b), public 
works, utility, and other municipal services needed for the 
operation of any Department of Defense asset in Monterey 
County, California, may be purchased from government 
agencies located in that county. 
(b) PROHIBITION ON PURCHASE OF CERTAIN SERV-
ICES.—Section 2465 of title 10, United States Code, relat-
ing to the purchase of firefighting or security-guard serv-
ices at a military installation, applies with respect to the 
authority provided by subsection (a). 
(c) CONFORMING AMENDMENT.—Section 816 of the 
National Defense Authorization Act for Fiscal Year 1995 
(Public Law 103–337; 108 Stat. 2820) is repealed.
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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 
components as of September 30, 2004, as follows: 
(1) The Army National Guard of the United 
States, 350,000.
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(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 com-
ponent 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 
Reserve of such reserve component shall be proportion-
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ately increased 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 num-
ber 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, re-
cruiting, 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 re-
serve components of the Army and the Air Force (notwith-
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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 re-
serve component of the Army or the Air Force as of Sep-
tember 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’’.
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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 $98,634,511,000. The authorization 
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 2004. 
SEC. 422. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fis-
cal 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
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who hold the grade of rear admiral or above’’ and insert-
ing ‘‘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 insert-
ing ‘‘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—
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(1) in subsection (a)(1), by inserting ‘‘except as 
provided in paragraph (3) and in subsection (c),’’ 
before ‘‘be discharged’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c)(1) If a health professions officer described in 
paragraph (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 com-
pleted a period of active duty service obligation that the 
officer incurred 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 discharged under that subsection, unless sooner 
retired or discharged under another provision of law. 
‘‘(2) The Secretary concerned may waive the applica-
bility of paragraph (1) to any officer if the Secretary de-
termines that completion of the active duty service obliga-
tion 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).’’.
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(b) TECHNICAL AMENDMENTS.—Sections 630(2), 
631(a)(3), and 632(a)(3) of such title are amended by 
striking ‘‘clause’’ and inserting ‘‘paragraph’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsection (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 promotion 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 insert-
ing the following:
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‘‘(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 para-
graph (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 retire-
ment in a grade above major or lieutenant commander and 
below brigadier general or rear admiral (lower half), 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 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 mili-
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tary department concerned and concurrence by the Sec-
retary of Defense. The function of the Secretary of De-
fense under the preceding sentence may only be delegated 
to a civilian official in the Office of the Secretary of De-
fense 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 
delegated.’’; 
(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 sub-
section (c) and in that subsection—
(A) in paragraph (3)—
(i) in subparagraph (A)—
(I) 
by 
inserting 
‘‘(i)’’ 
after 
‘‘(3)(A)’’;
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(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 author-
ize the Secretary of the military de-
partment 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 
satisfactorily in that grade (as determined by the Sec-
retary of the military department concerned) as a reserve 
commissioned officer in active status, or in a retired status 
on active 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
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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 
‘‘MEMBERS’’ 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).
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(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 retir-
ing on or after the date of the enactment of this Act. 
SEC. 514. REPEAL OF REQUIRED GRADE OF DEFENSE 
ATTACHE´ IN FRANCE. 
(a) IN GENERAL.—Section 714 of title 10, United 
States Code, is repealed. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 41 of such title is amend-
ed by striking the item relating to section 714.
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 
prescribed by the Secretary of Defense; and
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(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 sub-
section (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 
striking ‘‘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’’.
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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 re-
serve officer’’ and inserting ‘‘Except as provided in sub-
section (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 offi-
cer 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 se-
lection 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
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beginning on the date on which the officer is ordered to 
active 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 deter-
mined by the Secretary concerned, is available’’ and in-
serting ‘‘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 Reserve under any provision of law other than sec-
tion 513 or 10145(b) of this title shall be required, while 
in the Ready Reserve, to participate in a combination of
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drills, training periods, and active duty equivalent to 38 
days (exclusive 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 per-
sonnel policy in that armed force.’’.
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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 Asso-
ciation of the National Guard of the United States, 
National Guard Association of the United States,’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (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 UNIVER-
SITY TO AWARD THE DEGREE OF MASTER OF 
OPERATIONAL STUDIES. 
(a) AUTHORITY.—Section 7102 of title 10, United 
States Code, is amended—
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(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) COMMAND AND STAFF COLLEGE OF THE MA-
RINE CORP UNIVERSITY.—Upon the recommendation of 
the Director and faculty of the Command and Staff Col-
lege 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 requirements for that degree.’’. 
(b) EFFECTIVE DATE.—The authority to confer the 
degree of master of operational studies under section 
7102(c) of title 10, United States Code (as added by sub-
section (a)) may not be exercised until the Secretary of 
Education determines, and certifies to the President of the 
Marine Corps University, that the requirements estab-
lished by the Command and General Staff College of the 
Marine Corps University for that degree are in accordance 
with generally applicable requirements for a degree of 
master of arts. Upon receipt of such a certification, the 
President of the University shall promptly transmit a copy 
of the certification to the Committee on Armed Services
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of the Senate and Committee 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 fol-
lowing 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 fi-
nancial 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
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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 
paragraphs: 
‘‘(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), pro-
vide financial assistance in the form of room and board 
expenses for such cadet and other expenses required by 
the educational 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 assist-
ance for such cadet under paragraph (1), or other amount 
determined by the Secretary of the Army, without regard 
to whether the room and board and other educational ex-
penses for such cadet are paid under paragraph (2).’’.
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(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 enact-
ment 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 in-
serting ‘‘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 
(2) in subsection (c), by adding at the end the 
following new sentence: ‘‘For the purposes of this 
section, any interest that has accrued on the loan for
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periods before the current year shall be considered 
as within the total loan amount that shall be re-
paid.’’.
SEC. 535. AUTHORITY FOR NONSCHOLARSHIP SENIOR 
ROTC SOPHOMORES TO VOLUNTARILY CON-
TRACT FOR AND RECEIVE SUBSISTENCE AL-
LOWANCE.
(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 fol-
lowing 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 subsistence 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) 
Chapter 103 of title 10, United States Code, is amended 
by inserting after section 2103 the following new section:
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‘‘§ 2103a. Students not eligible for advanced training: 
commitment to military service 
‘‘(a) A member of the program who has completed 
successfully the first year of a four-year Senior Reserve 
Officers’ Training Corps course and who is not eligible for 
advanced 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 juris-
diction of the Secretary of the military department 
concerned for the period prescribed by the Secretary; 
and
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‘‘(3) executes a certificate of loyalty in such 
form as the Secretary of Defense prescribes or take 
a loyalty 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 
chapter is amended by adding at the end the following 
new item:
‘‘2103a. Students not eligible for advanced training: commitment to military 
service.’’.
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
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(2) in paragraph (9), by striking ‘‘One’’ and in-
serting ‘‘Two’’. 
(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 
candidates 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 find-
ing specified in paragraph (2), the Secretary of the mili-
tary department concerned may use that report as the sole
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basis for readmission of the former cadet or midshipman 
to the respective service or service academy. 
(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 mid-
shipman an opportunity for readmission to the service 
academy from which the former cadet or midshipman re-
signed, if the former cadet or midshipman is otherwise eli-
gible for such readmission.
(c) APPLICATIONS
FOR READMISSION.—A former 
cadet or midshipman described in a report referred to in 
subsection (a) may apply for readmission to the service 
academy on the basis of that report and shall not be re-
quired to submit the request for readmission through a 
board for the correction of military records.
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(d) REGULATIONS TO MINIMIZE ADVERSE IMPACT 
UPON READMISSION.—The Secretary of each military de-
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 
readmitting 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 
following:
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‘‘(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—
‘‘(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 
paragraph (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 com-
mand.’’.
(b) REIMBURSEMENT.—Subsection (b) of such sec-
tion is amended—
(1) by striking ‘‘The Department’’ and insert-
ing ‘‘(1) Except as provided under paragraph (3), 
the Department’’; 
(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’’;
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(B) by inserting ‘‘on a space-available 
basis’’ after ‘‘instruction at the Postgraduate 
School’’; and 
(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 
paragraph: 
‘‘(3) The Secretary of Defense may prescribe excep-
tions to the requirements of paragraph (1) with regard 
to attendance 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 ex-
amine 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 Sec-
retary of Defense a report recommending ways by which 
the Department of Defense and the military services may
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more effectively address matters relating to sexual harass-
ment and violence at the United States Military Academy 
and the United States Naval Academy. The report shall 
include 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 
sexual 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
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States Naval Academy and for permanent personnel 
assigned to those academies. 
(9) Responses to sexual harassment and vio-
lence at those academies, including standard guide-
lines. 
(10) Other issues identified by the task force 
relating to sexual harassment and violence at those 
academies. 
(c) METHODOLOGY.—The task force shall consider 
the findings and recommendations of previous reviews and 
investigations of sexual harassment and violence con-
ducted for those academies as one of the bases for its as-
sessment. 
(d) REPORT.—(1) The task force shall submit to the 
Secretary of Defense and the Secretaries of the Army and 
the Navy a report on the activities of the task force and 
on the activities of the United States Military Academy 
and the United States Naval Academy to respond to sex-
ual harassment and violence at those academies. 
(2) The report shall include the following: 
(A) Any barriers to implementation of improve-
ments as a result of those efforts. 
(B) Other areas of concern not previously ad-
dressed in prior reports.
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(C) The findings and conclusions of the task 
force. 
(D) Any recommendations for changes to policy 
and law as the task force considers appropriate, in-
cluding whether cases of sexual assault at those 
academies should be included in the Department of 
Defense database known as the Defense Incident-
Based Reporting System. 
(3) Within 90 days of receipt of the report under 
paragraph (1) the Secretary of Defense shall submit the 
report, together with the Secretary’s evaluation of the re-
port, 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 
investigations conducted at that Academy into matters in-
volving sexual assault and harassment. 
(f) COMPOSITION.—(1) The task force shall consist 
of not more than 14 members, to be appointed by the Sec-
retary of Defense. Members shall be appointed from each
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of the Army, Navy, Air Force, and Marine Corps, and 
shall include an equal number of personnel of the Depart-
ment 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 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 De-
fense includes at least one judge advocate. 
(3) In appointing members to the task force, the Sec-
retary may—
(A) consult with the Attorney General regard-
ing 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 
outside the Department of Defense shall be an individual 
who has demonstrated expertise in the area of sexual har-
assment and violence or shall be appointed from one of 
the following:
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(A) A representative from the Office of Civil 
Right in the Department of Education. 
(B) A representative from the Center for Dis-
ease Control. 
(C) A sexual assault policy and advocacy orga-
nization. 
(D) A civilian law enforcement agency. 
(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 De-
fense personnel on the task force. The other co-chair shall 
be selected from among the members appointed from out-
side the Department 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
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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 
Secretary of Defense for Personnel and Readiness, shall 
provide oversight of the task force. The Washington Head-
quarters Service of the Department of Defense shall pro-
vide the task force with personnel, facilities, and other ad-
ministrative 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 Secretary 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 sub-
section (d)(3).
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Subtitle E—Administrative Matters
SEC. 541. ENHANCEMENTS TO HIGH-TEMPO PERSONNEL 
PROGRAM. 
(a) REVISIONS TO DEPLOYMENT LIMITS AND AU-
THORITY TO AUTHORIZE EXEMPTIONS.—Subsection (a) 
of section 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 de-
ployment (or potential deployment) of members of the 
armed forces shall be managed to ensure that a member 
is not deployed, 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—
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‘‘(A) a civilian officer of the Department of De-
fense appointed by the President, by and with the 
advise 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, serv-
ing an in a general or flag officer position who has 
been selected for promotion to the grade of brigadier 
general or rear admiral (lower half)).’’. 
(b) CHANGES FROM PER DIEM TO HIGH-DEPLOY-
MENT ALLOWANCE.—(1) Subsection (a) of section 436 of 
title 37, United States Code, is amended to read as fol-
lows: 
‘‘(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 
consecutive days (or a lower number of consecu-
tive days prescribed by the Secretary of De-
fense);
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‘‘(B) has been deployed, out of the pre-
ceding 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 
involuntary) for that member in support of the 
same contingency operation.’’. 
(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
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(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 AS-
SIGNMENTS.—The Secretary concerned may exclude mem-
bers serving in specified duty assignments from eligibility 
for the high-deployment allowance while serving in those 
assignments. 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 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 
amended to read as follows:
‘‘436. Monthly high-deployment allowance for lengthy or numerous deploy-
ments.’’.
(c) CHANGES TO REPORTING REQUIREMENT.—Sec-
tion 487(b)(5) of title 10, United States Code, is amended 
to read as follows:
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‘‘(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 
allowance 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.’’.
SEC. 
542. 
ENHANCED 
RETENTION 
OF 
ACCUMULATED 
LEAVE FOR HIGH-DEPLOYMENT MEMBERS. 
(a) ENHANCED AUTHORITY TO RETAIN ACCUMU-
LATED 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 accumu-
lated leave in excess of 60 days at the end of the fiscal 
year, to retain an accumulated total of 120 days leave.
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‘‘(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 speci-
fied 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 con-
tinuous period of service referred to in subparagraph (B) 
terminated.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (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 RE-
QUIREMENTS. 
(a) OFFICERS IN REGULAR NAVY OR MARINE CORPS 
WHO COMPLETED 40 YEARS OF ACTIVE SERVICE.—Sec-
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tion 6321(a) of title 10, United States Code, is amended 
by striking ‘‘after completing 40 or more years’’ and in-
serting ‘‘and has at least 40 years’’. 
(b) OFFICERS IN REGULAR NAVY OR MARINE CORPS 
WHO COMPLETED 30 YEARS OF ACTIVE SERVICE.—Sec-
tion 6322(a) of such title is amended by striking ‘‘after 
completing 30 or more years’’ and inserting ‘‘and has at 
least 30 years’’. 
(c) OFFICERS IN NAVY OR MARINE CORPS WHO 
COMPLETED 20 YEARS OF ACTIVE SERVICE.—Section 
6323(a)(1) of such title is amended by striking ‘‘after 
completing 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 
SERVICE.—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
RE-
SERVE.—Section 6330(b) of such title is amended by 
striking ‘‘who has completed 20 or more years’’ both 
places it appears and inserting ‘‘who has at least 20 
years’’.
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(f) TRANSFER OF MEMBERS OF THE FLEET RE-
SERVE AND FLEET MARINE CORPS RESERVE TO THE RE-
TIRED 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 pub-
lish 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 
section 503(c) of title 10, United States Code, is amended 
by striking ‘‘apply to—’’ and all that follows through 
‘‘school which’’ and inserting ‘‘apply to a private sec-
ondary school that’’. 
(b) CORRECTION
OF CROSS REFERENCE.—Para-
graph (6)(A)(i) of such section is amended by striking 
‘‘14101’’ and ‘‘8801’’ and inserting ‘‘9101’’ and ‘‘7801’’, 
respectively.
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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 proce-
dures: 
‘‘(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-
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
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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 pris-
oner 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 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-
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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 individual 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).’’.
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SEC. 547. CLARIFICATION OF OFFENSE UNDER THE UNI-
FORM CODE OF MILITARY JUSTICE RELAT-
ING TO DRUNKEN OR RECKLESS OPERATION 
OF A VEHICLE, AIRCRAFT, OR VESSEL. 
Section 991 of title 10, United States Code (article 
111 of the Uniform Code of Military Justice), is amend-
ed—
(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 notifica-
tion of the next-of-kin of such member.
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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 re-
quirements 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.’’.
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(c) RESERVISTS TRANSFERRED TO THE RETIRED 
RESERVE WHO ARE UNDER AGE 60.—Section 9001(4) 
of title 5, United States Code, is amended by striking ‘‘in-
cluding’’ and all that follows through ‘‘who has’’ and in-
serting ‘‘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 
section 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.
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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 
Defense 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 
paragraph: 
‘‘(2)(A) The Secretary shall include in the regulations 
prescribed under this subsection a requirement that chil-
dren 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
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‘‘(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 
section 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 prescribed as soon as practicable after the date of the 
enactment of this Act in order to provide the earliest op-
portunity for dependents covered by that paragraph to en-
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roll in Department of Defense dependents’ schools, and 
in no event later 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 fol-
lowing 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 
virtue, 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
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‘‘(4) to take all necessary and proper measures, 
under the laws, regulations, and customs applicable 
to the armed forces, to promote and safeguard the 
morale, the physical well-being, and the general wel-
fare of all under their command or charge.’’. 
(2) The table of sections at the beginning of such 
chapter 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 find-
ings:
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(1) The families of both active and reserve com-
ponent military personnel, through their sacrifices 
and their dedication to the Nation and its values, 
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 qual-
ity 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 extraordinary 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 
private, non-profit organizational sources which are 
designed to encourage and assist those centers in 
conducting activities to celebrate the American mili-
tary family during the Thanksgiving period each No-
vember. 
(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 recognize and honor the American military family.
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(c) DEPARTMENT OF DEFENSE PROGRAMS AND AC-
TIVITIES.—The Secretary of Defense shall—
(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 ac-
tive and reserve 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 au-
thorized to be appropriated pursuant to section 301(5) for 
operation and maintenance for Defense-wide activities, 
$35,000,000 shall be available only for the purpose of pro-
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viding educational agencies assistance to local educational 
agencies. 
(b) NOTIFICATION.—Not later than June 30, 2004, 
the Secretary of Defense shall notify each local edu-
cational agency that is eligible for educational agencies as-
sistance 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 
Defense shall disburse funds made available under sub-
section (a) not later than 30 days after the date on which 
notification 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 Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7713(9)).
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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 
members of the armed forces on active duty and their im-
mediate family members, and members of reserve compo-
nents in an active status and their immediate family mem-
bers, in building and maintaining a strong family struc-
ture. 
‘‘(b) AUTHORIZED SUPPORT SERVICES.—The sup-
port services referred to in subsection (a) are costs of 
transportation, 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
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‘‘(2) any child (as defined in section 1072(6) of 
this title) of the member who is described in sub-
paragraph (D) of section 1072(2) of this title.’’.
(2) The table of sections at the beginning of such sub-
chapter 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 
VETERANS 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 
established an interagency committee to be known as the 
Department of Veterans Affairs-Department of Defense 
Joint Executive Committee (hereinafter in this section re-
ferred 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-
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ment of Veterans Affairs as the Secretary of Vet-
erans Affairs may designate; and 
‘‘(B) the Under Secretary of Defense for Per-
sonnel and Readiness and such other officers and 
employees of the Department of Defense as the Sec-
retary 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 Com-
mittee, including a subordinate Health Executive Com-
mittee, 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.
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‘‘(2) The Committee shall submit to the two Secre-
taries and to Congress an annual report containing such 
recommendations 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 Com-
mittee, would promote mutually beneficial coordina-
tion, use, or exchange of use of services and re-
sources of the two Departments, with the goal of im-
proving the quality, efficiency and effectiveness of 
the delivery of benefits and services to veterans, 
service members, military retirees and their families 
through an enhanced Department of Veterans Af-
fairs and Department of Defense partnership. 
‘‘(3) Identify and assess further opportunities 
for the coordination and collaboration between the 
Departments that, in the judgment of the Com-
mittee, would not adversely affect the range of serv-
ices, the quality of care, or the established priorities 
for benefits provided by either Department.
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‘‘(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 
resources between the Departments.’’.
(2) The table of sections at the beginning of such 
chapter 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 ‘‘Com-
mittee established in subsection (c)’’ and inserting 
‘‘Department of Veterans Affairs-Department of De-
fense Joint Executive Committee’’; 
(C) in subsection (e)(1), by striking ‘‘Com-
mittee under subsection (c)(2)’’ and inserting ‘‘De-
partment of Veterans Affairs-Department of Defense
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Joint Executive Committee with respect to health 
care resources’’; 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-
Department 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 Departments. 
‘‘(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 be-
fore October 1, 2003—
(A) section 320 of title 38, United States Code, 
as added by subsection (a), shall take effect on Octo-
ber 1, 2003; and 
(B) the amendments made by subsections (b) 
and (c) shall take effect on October 1, 2003, imme-
diately after the amendment made by section
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721(a)(1) of the Bob Stump National Defense Au-
thorization 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 
ensure that no reductions are made in the active and re-
serve 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 com-
mittees 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 structure in the Department of the Navy that are 
proposed for fiscal years 2004 through 2009. The report 
shall include the following:
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(1) The numbers of aircraft and helicopter 
force structure planned for retirement. 
(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 
structure to carry out the National Security Strat-
egy 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 INTEGRA-
TION 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 Represent-
atives a concept of operations for increasing the integra-
tion and use of Naval Reserve surface, aviation, and other 
units and personnel with active component forces in car-
rying out operational missions across the peacetime and 
wartime spectrum of naval operations during the period 
of 2004 through 2009.
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SEC. 567. IMPACT AID ELIGIBILITY FOR HEAVILY IM-
PACTED LOCAL EDUCATIONAL AGENCIES AF-
FECTED 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 
impacted local educational agency that re-
ceived a basic support payment under 
paragraph (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 requirements under subpara-
graph (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
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by reason of the application of clause (i), 
and calculated in accordance with subpara-
graph (D) or (E), as the case may be, shall 
be based on the number of children in av-
erage 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 MA-
RINE 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 Ma-
rine 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 deter-
mine the cause of Colonel Sabow’s death, given the med-
ical 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 foren-
sic factors associated with his death shall be reviewed by
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medical and forensic experts outside the Department of 
Defense. 
(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 Representatives a written report on the findings 
of the investigation 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 regarding the cause of death of Colonel 
Sabow, and (2) the conclusions of the experts reviewing 
the matter under subsection (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 para-
graph: 
‘‘(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—
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‘‘(i) a commander has substantiated that the 
member has committed dependent abuse, as defined 
in section 1059(c) of title 10; 
‘‘(ii) a safety plan and counseling have been 
provided; 
‘‘(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 
dependents in lieu of the member and may be paid to the 
dependents. 
‘‘(C) Shipment of the dependent’s baggage and 
household 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 competent 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