H. R. 1588
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To authorize appropriations for fiscal year 2004 for military activities of the Depart-
ment 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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 2004’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into three divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B—Army Programs
Sec. 111. Stryker vehicle program.
Sec. 112. CH–47 helicopter program.
Subtitle C—Navy Programs
Sec. 121. Multiyear procurement authority for F/A–18 aircraft program.
Sec. 122. Multiyear procurement authority for Tactical Tomahawk cruise missile
program.
Sec. 123. Multiyear procurement authority for Virginia class submarine program.
Sec. 124. Multiyear procurement authority for E–2C aircraft program.
Sec. 125. Multiyear procurement authority for Phalanx Close In Weapon System
program.
Sec. 126. Pilot program for flexible funding of cruiser conversions and overhauls.
H. R. 1588—2
Subtitle D—Air Force Programs
Sec. 131. Elimination of quantity limitations on multiyear procurement authority
for C–130J aircraft.
Sec. 132. Limitation on retiring C–5 aircraft.
Sec. 133. Limitation on obligation of funds for procurement of F/A–22 aircraft.
Sec. 134. Aircraft for performance of aerial refueling mission.
Sec. 135. Procurement of tanker aircraft.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program for development of electromagnetic gun technology.
Sec. 212. Leadership and duties of Department of Defense Test Resource Manage-
ment Center.
Sec. 213. Development of the Joint Tactical Radio System.
Sec. 214. Future Combat Systems.
Sec. 215. Extension of reporting requirement for RAH–66 Comanche aircraft pro-
gram.
Sec. 216. Studies of fleet platform architectures for the Navy.
Subtitle C—Ballistic Missile Defense
Sec. 221. Enhanced flexibility for ballistic missile defense systems.
Sec. 222. Fielding of ballistic missile defense capabilities.
Sec. 223. Oversight of procurement, performance criteria, and operational test
plans for ballistic missile defense programs.
Sec. 224. Renewal of authority to assist local communities affected by ballistic mis-
sile defense system test bed.
Sec. 225. Prohibition on use of funds for nuclear-armed interceptors in missile de-
fense systems.
Sec. 226. Follow-on research, development, test, and evaluation related to system
improvements for missile defense programs transferred to military de-
partments.
Subtitle D—Other Matters
Sec. 231. Global Research Watch program in the Office of the Director of Defense
Research and Engineering.
Sec. 232. Defense Advanced Research Projects Agency biennial strategic plan.
Sec. 233. Enhancement of authority of Secretary of Defense to support science,
mathematics, engineering, and technology education.
Sec. 234. Department of Defense program to expand high-speed, high-bandwidth
capabilities for network-centric operations.
Sec. 235. Blue forces tracking initiative.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B—Environmental Provisions
Sec. 311. Reauthorization and modification of title I of Sikes Act.
Sec. 312. Clarification of Department of Defense response to environmental emer-
gencies.
Sec. 313. Repeal of authority to use environmental restoration account funds for re-
location of a contaminated facility.
Sec. 314. Authorization for Department of Defense participation in wetland mitiga-
tion banks.
Sec. 315. Inclusion of environmental response equipment and services in Navy defi-
nitions of salvage facilities and salvage services.
Sec. 316. Repeal of model program for base closure environmental restoration.
Sec. 317. Requirements for restoration advisory boards and exemption from Federal
Advisory Committee Act.
Sec. 318. Military readiness and conservation of protected species.
Sec. 319. Military readiness and marine mammal protection.
Sec. 320. Report regarding impact of civilian community encroachment and certain
legal requirements on military installations and ranges and plan to ad-
dress encroachment.
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Sec. 321. Cooperative water use management related to Fort Huachuca, Arizona,
and Sierra Vista subwatershed.
Sec. 322. Task force on resolution of conflict between military training and endan-
gered species protection at Barry M. Goldwater Range, Arizona.
Sec. 323. Public health assessment of exposure to perchlorate.
Sec. 324. Comptroller General review of Arctic Military Environmental Cooperation
program.
Subtitle C—Workplace and Depot Issues
Sec. 331. Exemption of certain firefighting service contracts from prohibition on
contracts for performance of firefighting functions.
Sec. 332. Technical amendment relating to closure of Sacramento Army Depot,
California.
Sec. 333. Exception to competition requirement for depot-level maintenance and re-
pair workloads performed by depot-level activities.
Sec. 334. Resources-based schedules for completion of public-private competitions
for performance of Department of Defense functions.
Sec. 335. Delayed implementation of revised Office of Management and Budget Cir-
cular A–76 by Department of Defense pending report.
Sec. 336. Pilot program for best-value source selection for performance of informa-
tion technology services.
Sec. 337. High-performing organization business process reengineering pilot pro-
gram.
Sec. 338. Naval Aviation Depots multi-trades demonstration project.
Subtitle D—Other Matters
Sec. 341. Cataloging and standardization for defense supply management.
Sec. 342. Sale of Defense Information Systems Agency services to contractors per-
forming the Navy-Marine Corps Intranet contract.
Sec. 343. Permanent authority for purchase of certain municipal services at instal-
lations in Monterey County, California.
Sec. 344. Department of Defense telecommunications benefit.
Sec. 345. Independent assessment of material condition of the KC–135 aerial re-
fueling fleet.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Personnel strength authorization and accounting process.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2004 limitations on non-dual status technicians.
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—Officer Personnel Matters
Sec. 501. Standardization of qualifications for appointment as service chief.
Sec. 502. Eligibility for appointment as Chief of Army Veterinary Corps.
Sec. 503. Repeal of required grade of defense attache´ in France.
Sec. 504. Repeal of termination provisions for certain authorities relating to man-
agement of general and flag officers in certain grades.
Sec. 505. Retention of health professions officers to fulfill active-duty service com-
mitments following promotion nonselection.
Sec. 506. Permanent authority to reduce three-year time-in-grade requirement for
retirement in grade for officers in grades above major and lieutenant
commander.
Sec. 507. Contingent exclusion from officer strength and distribution-in-grade limi-
tations for officer serving as Associate Director of Central Intelligence
for Military Support.
Sec. 508. Reappointment of incumbent Chief of Naval Operations.
Sec. 509. Secretary of Defense approval required for practice of wearing uniform in-
signia of higher grade known as ‘‘frocking’’.
H. R. 1588—4
Subtitle B—Reserve Component Matters
Sec. 511. Streamlined process for continuation of officers on the Reserve Active-Sta-
tus List.
Sec. 512. Consideration of Reserve officers for position vacancy promotions in time
of war or national emergency.
Sec. 513. Authority for delegation of required secretarial special finding for place-
ment of certain retired members in Ready Reserve.
Sec. 514. Authority to provide expenses of Army and Air Staff personnel and Na-
tional Guard Bureau personnel attending national conventions of cer-
tain military associations.
Sec. 515. Expanded authority for use of Ready Reserve in response to terrorism.
Sec. 516. National Guard officers on active duty in command of National Guard
units.
Sec. 517. Presidential report on mobilization of reserve component personnel and
Secretary of Defense assessment.
Sec. 518. Authority for the use of operation and maintenance funds for promotional
activities of the National Committee for Employer Support of the Guard
and Reserve.
Subtitle C—ROTC and Military Service Academies
Sec. 521. Expanded educational assistance authority for cadets and midshipmen re-
ceiving ROTC scholarships.
Sec. 522. Increase in allocation of scholarships under Army Reserve ROTC scholar-
ship program to students at military junior colleges.
Sec. 523. Authority for nonscholarship senior ROTC sophomores to voluntarily con-
tract for and receive subsistence allowance.
Sec. 524. Appointments to military service academies from nominations made by
delegates from Guam, Virgin Islands, and American Samoa.
Sec. 525. Readmission to service academies of certain former cadets and mid-
shipmen.
Sec. 526. Defense task force on sexual harassment and violence at the military
service academies.
Sec. 527. Actions to address sexual harassment and violence at the service acad-
emies.
Sec. 528. Study and report related to permanent professors at the United States
Air Force Academy.
Sec. 529. Dean of the faculty of the United States Air Force Academy.
Subtitle D—Other Military Education and Training Matters
Sec. 531. Authority for the Marine Corps University to award the degree of Master
of Operational Studies.
Sec. 532. Authorization for Naval Postgraduate School to provide instruction to en-
listed members participating in certain programs.
Sec. 533. Cost reimbursement requirements for personnel receiving instruction at
the Air Force Institute of Technology.
Sec. 534. Inclusion of accrued interest in amounts that may be repaid under Se-
lected Reserve critical specialties education loan repayment program.
Sec. 535. Funding of education assistance enlistment incentives to facilitate na-
tional service through Department of Defense Education Benefits Fund.
Sec. 536. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 537. Impact aid eligibility for heavily impacted local educational agencies af-
fected by privatization of military housing.
Subtitle E—Administrative Matters
Sec. 541. High-tempo personnel management and allowance.
Sec. 542. Enhanced retention of accumulated leave for high-deployment members.
Sec. 543. Standardization of statutory authorities for exemptions from requirement
for access to secondary schools by military recruiters.
Sec. 544. Procedures for consideration of applications for award of the Purple Heart
medal to veterans held as prisoners of war before April 25, 1962.
Sec. 545. Authority for Reserve and retired regular officers to hold State and local
office notwithstanding call to active duty.
Sec. 546. Policy on public identification of casualties.
Sec. 547. Space personnel career fields.
Sec. 548. Department of Defense Joint Advertising, Market Research, and Studies
program.
Sec. 549. Limitation on force structure reductions in Naval and Marine Corps Re-
serve aviation squadrons.
Subtitle F—Military Justice Matters
Sec. 551. Extended limitation period for prosecution of child abuse cases in courts-
martial.
H. R. 1588—5
Sec. 552. Clarification of blood alcohol content limit for the offense under the Uni-
form Code of Military Justice of drunken operation of a vehicle, aircraft,
or vessel.
Subtitle G—Benefits
Sec. 561. Additional classes of individuals eligible to participate in the Federal
long-term care insurance program.
Sec. 562. Authority to transport remains of retirees and retiree dependents who die
in military treatment facilities.
Sec. 563. Eligibility for dependents of certain mobilized reservists stationed over-
seas to attend defense dependents schools overseas.
Subtitle H—Domestic Violence
Sec. 571. Travel and transportation for dependents relocating for reasons of per-
sonal safety.
Sec. 572. Commencement and duration of payment of transitional compensation.
Sec. 573. Exceptional eligibility for transitional compensation.
Sec. 574. Types of administrative separations triggering coverage.
Sec. 575. Comptroller General review and report.
Sec. 576. Fatality reviews.
Sec. 577. Sense of Congress.
Subtitle I—Other Matters
Sec. 581. Recognition of military families.
Sec. 582. Permanent authority for support for certain chaplain-led military family
support programs.
Sec. 583. Department of Defense-Department of Veterans Affairs Joint Executive
Committee.
Sec. 584. Review of the 1991 death of Marine Corps Colonel James E. Sabow.
Sec. 585. Policy on concurrent deployment to combat zones of both military spouses
of military families with minor children.
Sec. 586. Congressional notification of amendment or cancellation of Department of
Defense directive relating to reasonable access to military installations
for certain personal commercial solicitation.
Sec. 587. Study of National Guard Challenge Program.
Sec. 588. Findings and sense of Congress on reward for information leading to reso-
lution of status of members of the Armed Forces who remain unac-
counted for.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2004.
Sec. 602. Revised annual pay adjustment process.
Sec. 603. Computation of basic pay rate for commissioned officers with prior en-
listed or warrant officer service.
Sec. 604. Special subsistence allowance authorities for members assigned to high-
cost duty location or under other unique and unusual circumstances.
Sec. 605. Basic allowance for housing for each member married to another member
without dependents when both spouses are on sea duty.
Sec. 606. Temporary increase in authorized amount of family separation allowance.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Hazardous duty pay for duty involving ski-equipped aircraft on Antarctica
or the Arctic icepack.
Sec. 616. Special pay for reserve officers holding positions of unusual responsibility
and of critical nature.
Sec. 617. Payment of Selected Reserve reenlistment bonus to members of Selected
Reserve who are mobilized.
Sec. 618. Availability of hostile fire and imminent danger special pay for reserve
component members on inactive duty.
Sec. 619. Temporary increase in authorized amount of hostile fire and imminent
danger special pay.
Sec. 620. Retroactive payment of hostile fire or imminent danger pay for service in
eastern Mediterranean Sea in Operation Iraqi Freedom.
H. R. 1588—6
Sec. 621. Expansion of overseas tour extension incentive program to officers.
Sec. 622. Repeal of congressional notification requirement for designation of critical
military skills for retention bonus.
Sec. 623. Eligibility of warrant officers for accession bonus for new officers in crit-
ical skills.
Sec. 624. Special pay for service as member of Weapons of Mass Destruction Civil
Support Team.
Sec. 625. Incentive bonus for conversion to military occupational specialty to ease
personnel shortage.
Sec. 626. Bonus for reenlistment during service on active duty in Afghanistan, Iraq,
or Kuwait.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Shipment of privately owned motor vehicle within continental United
States.
Sec. 632. Transportation of dependents to presence of members of the Armed
Forces retired for illness or injury incurred in active duty.
Sec. 633. Payment or reimbursement of student baggage storage costs for depend-
ent children of members stationed overseas.
Sec. 634. Contracts for full replacement value for loss or damage to personal prop-
erty transported at Government expense.
Sec. 635. Payment of lodging expenses of members during authorized leave from
temporary duty location.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 641. Phase-in of full concurrent receipt of military retired pay and veterans
disability compensation for certain military retirees.
Sec. 642. Revisions to combat-related special compensation program.
Sec. 643. Special rule for computation of retired pay base for commanders of com-
batant commands.
Sec. 644. Survivor Benefit Plan annuities for surviving spouses of Reserves not eli-
gible for retirement who die from a cause incurred or aggravated while
on inactive-duty training.
Sec. 645. Survivor Benefit Plan modifications.
Sec. 646. Increase in death gratuity payable with respect to deceased members of
the Armed Forces.
Sec. 647. Death benefits study.
Subtitle E—Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Expanded commissary access for Selected Reserve members, reserve retir-
ees under age 60, and their dependents.
Sec. 652. Defense commissary system and exchange stores system.
Sec. 653. Limitations on private operation of defense commissary store functions.
Sec. 654. Use of appropriated funds to operate defense commissary system.
Sec. 655. Recovery of nonappropriated fund instrumentality and commissary store
investments in real property at military installations closed or re-
aligned.
Subtitle F—Other Matters
Sec. 661. Comptroller General report on adequacy of special pays and allowances
for frequently deployed members.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Enhanced Benefits for Reserves
Sec. 701. Medical and dental screening for Ready Reserve members alerted for mo-
bilization.
Sec. 702. Coverage for Ready Reserve members under TRICARE program.
Sec. 703. Earlier eligibility date for TRICARE benefits for members of reserve com-
ponents.
Sec. 704. Temporary extension of transitional health care benefits.
Sec. 705. Assessment of needs of Reserves for health care benefits.
Sec. 706. Limitation on fiscal year 2004 outlays for temporary Reserve health care
programs.
Sec. 707. TRICARE beneficiary counseling and assistance coordinators for reserve
component beneficiaries.
Sec. 708. Eligibility of Reserve officers for health care pending orders to active duty
following commissioning.
Subtitle B—Other Benefits Improvements
Sec. 711. Acceleration of implementation of chiropractic health care for members on
active duty.
H. R. 1588—7
Sec. 712. Reimbursement of covered beneficiaries for certain travel expenses relat-
ing to specialized dental care.
Sec. 713. Eligibility for continued health benefits coverage extended to certain
members of uniformed services.
Sec. 714. Authority for designated providers to enroll covered beneficiaries with
other primary health insurance coverage.
Subtitle C—Planning, Programming, and Management
Sec. 721. Permanent extension of authority to enter into personal services contracts
for the performance of health care responsibilities at locations other
than military medical treatment facilities.
Sec. 722. Department of Defense Medicare-Eligible Retiree Health Care Fund valu-
ations and contributions.
Sec. 723. Surveys on continued viability of TRICARE Standard.
Sec. 724. Plan for providing health coverage information to members, former mem-
bers, and dependents eligible for certain health benefits.
Sec. 725. Transfer of certain members of the Pharmacy and Therapeutics Com-
mittee to the Uniform Formulary Beneficiary Advisory Panel under the
pharmacy benefits program.
Sec. 726. Working group on military health care for persons reliant on health care
facilities at military installations to be closed or realigned.
Sec. 727. Joint program for development and evaluation of integrated healing care
practices for members of the Armed Forces and veterans.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Consolidation of contract requirements.
Sec. 802. Quality control in procurement of aviation critical safety items and re-
lated services.
Sec. 803. Federal support for enhancement of State and local anti-terrorism re-
sponse capabilities.
Sec. 804. Special temporary contract closeout authority.
Sec. 805. Competitive award of contracts for reconstruction activities in Iraq.
Subtitle B—United States Defense Industrial Base Provisions
PART I—ESSENTIAL ITEMS IDENTIFICATION AND DOMESTIC PRODUCTION CAPABILITIES
IMPROVEMENT PROGRAM
Sec. 811. Consistency with United States obligations under international agree-
ments.
Sec. 812. Assessment of United States defense industrial base capabilities.
Sec. 813. Identification of essential items: military system breakout list.
Sec. 814. Production capabilities improvement for certain essential items using de-
fense industrial base capabilities fund.
PART II—REQUIREMENTS RELATING TO SPECIFIC ITEMS
Sec. 821. Elimination of unreliable sources of defense items and components.
Sec. 822. Incentive program for major defense acquisition programs to use machine
tools and other capital assets produced within the United States.
Sec. 823. Technical assistance relating to machine tools.
Sec. 824. Study of beryllium industrial base.
PART III—OTHER DOMESTIC SOURCE REQUIREMENTS
Sec. 826. Exceptions to Berry amendment for contingency operations and other ur-
gent situations.
Sec. 827. Inapplicability of Berry amendment to procurements of waste and byprod-
ucts of cotton and wool fiber for use in the production of propellants and
explosives.
Sec. 828. Buy American exception for ball bearings and roller bearings used in for-
eign products.
Subtitle C—Defense Acquisition and Support Workforce Flexibility
Sec. 831. Management structure.
Sec. 832. Elimination of role of Office of Personnel Management.
Sec. 833. Single acquisition corps.
Sec. 834. Consolidation of certain education and training program requirements.
Sec. 835. General management provisions.
Sec. 836. Clerical amendments.
H. R. 1588—8
Subtitle D—Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 841. Additional authority to enter into personal services contracts.
Sec. 842. Elimination of certain subcontract notification requirements.
Sec. 843. Multiyear task and delivery order contracts.
Sec. 844. Elimination of requirement to furnish written assurances of technical
data conformity.
Sec. 845. Access to information relevant to items deployed under rapid acquisition
and deployment procedures.
Sec. 846. Applicability of requirement for reports on maturity of technology at initi-
ation of major defense acquisition programs.
Sec. 847. Certain weapons-related prototype projects.
Sec. 848. Limited acquisition authority for commander of United States Joint
Forces Command.
Subtitle E—Acquisition-Related Reports and Other Matters
Sec. 851. Report on contract payments to small businesses.
Sec. 852. Contracting with employers of persons with disabilities.
Sec. 853. Demonstration project for contractors employing persons with disabilities.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Duties and Functions of Department of Defense Officers and
Organizations
Sec. 901. Clarification of responsibility of military departments to support combat-
ant commands.
Sec. 902. Combatant Commander Initiative Fund.
Sec. 903. Biennial review of national military strategy by Chairman of the Joint
Chiefs of Staff.
Sec. 904. Report on changing roles of United States Special Operations Command.
Sec. 905. Sense of Congress regarding continuation of mission and functions of
Army Peacekeeping Institute.
Sec. 906. Transfer to Office of Personnel Management of personnel investigative
functions and related personnel of the Department of Defense.
Sec. 907. Defense acquisition workforce freeze for fiscal year 2004.
Subtitle B—Space Activities
Sec. 911. Coordination of space science and technology activities of the Department
of Defense.
Sec. 912. Policy regarding assured access to space for United States national secu-
rity payloads.
Sec. 913. Pilot program for provision of space surveillance network services to non-
United States Government entities.
Sec. 914. Content of biennial global positioning system report.
Sec. 915. Report on processes-related space systems.
Subtitle C—Department of Defense Intelligence Components
Sec. 921. Redesignation of National Imagery and Mapping Agency as National
Geospatial-Intelligence Agency.
Sec. 922. Protection of operational files of the National Security Agency.
Sec. 923. Integration of defense intelligence, surveillance, and reconnaissance capa-
bilities.
Sec. 924. Management of National Security Agency Modernization Program.
Sec. 925. Modification of obligated service requirements under National Security
Education Program.
Sec. 926. Authority to provide living quarters for certain students in cooperative
and summer education programs of the National Security Agency.
Sec. 927. Commercial imagery industrial base.
Subtitle D—Other Matters
Sec. 931. Authority for Asia-Pacific Center for Security Studies to accept gifts and
donations.
Sec. 932. Repeal of rotating chairmanship of Economic Adjustment Committee.
Sec. 933. Extension of certain authorities applicable to the Pentagon Reservation to
include a designated Pentagon continuity-of-Government location.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
H. R. 1588—9
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal
year 2004.
Sec. 1003. Authorization of supplemental appropriations for fiscal year 2003.
Sec. 1004. Authorization of supplemental appropriations for fiscal year 2004.
Sec. 1005. Reestablishment of authority for short-term leases of real or personal
property across fiscal years.
Sec. 1006. Reimbursement rate for certain airlift services provided to Department
of State.
Sec. 1007. Limitation on payment of facilities charges assessed by Department of
State.
Sec. 1008. Use of the Defense Modernization Account for life cycle cost reduction
initiatives.
Sec. 1009. Provisions relating to defense travel cards.
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. Transfer of vessels stricken from the Naval Vessel Register for use as
artificial reefs.
Sec. 1014. Priority for title XI assistance.
Sec. 1015. Support for transfers of decommissioned vessels and shipboard equip-
ment.
Sec. 1016. Advanced Shipbuilding Enterprise.
Sec. 1017. Report on Navy plans for basing aircraft carriers.
Sec. 1018. Limitation on disposal of obsolete naval vessel.
Subtitle C—Counterdrug Matters
Sec. 1021. Expansion and extension of authority to provide additional support for
counter-drug activities.
Sec. 1022. Authority for joint task forces to provide support to law enforcement
agencies conducting counter-terrorism activities.
Sec. 1023. Use of funds for unified counterdrug and counterterrorism campaign in
Colombia.
Sec. 1024. Sense of Congress on reconsideration of decision to terminate border and
seaport inspection duties of National Guard under National Guard drug
interdiction and counter-drug mission.
Subtitle D—Reports
Sec. 1031. Repeal and modification of various reporting requirements applicable to
the Department of Defense.
Sec. 1032. Plan for prompt global strike capability.
Sec. 1033. Annual report concerning dismantling of strategic nuclear warheads.
Sec. 1034. Report on use of unmanned aerial vehicles for support of homeland secu-
rity missions.
Subtitle E—Codifications, Definitions, and Technical Amendments
Sec. 1041. Codification and revision of defense counterintelligence polygraph pro-
gram authority.
Sec. 1042. General definitions applicable to facilities and operations of Department
of Defense.
Sec. 1043. Additional definitions for purposes of title 10, United States Code.
Sec. 1044. Inclusion of annual military construction authorization request in an-
nual defense authorization request.
Sec. 1045. Technical and clerical amendments.
Subtitle F—Other Matters
Sec. 1051. Assessment of effects of specified statutory limitations on the granting
of security clearances.
Sec. 1052. Acquisition of historical artifacts through exchange of obsolete or surplus
property.
Sec. 1053. Conveyance of surplus T–37 aircraft to Air Force Aviation Heritage
Foundation, Incorporated.
Sec. 1054. Department of Defense biennial strategic plan for management of elec-
tromagnetic spectrum.
Sec. 1055. Revision of Department of Defense directive relating to management and
use of radio frequency spectrum.
Sec. 1056. Sense of Congress on deployment of airborne chemical agent monitoring
systems at chemical stockpile disposal sites in the United States.
H. R. 1588—10
Sec. 1057. Expansion of pre-September 11, 2001, fire grant program of United
States Fire Administration.
Sec. 1058. Review and enhancement of existing authorities for using Air Force and
Air National Guard Modular Airborne Fire-Fighting Systems and other
Department of Defense assets to fight wildfires.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Subtitle A—Department of Defense National Security Personnel System
Sec. 1101. Department of Defense national security personnel system.
Subtitle B—Department of Defense Civilian Personnel Generally
Sec. 1111. Pilot program for improved civilian personnel management.
Sec. 1112. Clarification and revision of authority for demonstration project relating
to certain acquisition personnel management policies and procedures.
Sec. 1113. Military leave for mobilized Federal civilian employees.
Sec. 1114. Restoration of annual leave for certain Department of Defense employ-
ees.
Sec. 1115. Authority to employ civilian faculty members at the Western Hemi-
sphere Institute for Security Cooperation.
Sec. 1116. Extension of authority for experimental personnel program for scientific
and technical personnel.
Subtitle C—Other Federal Government Civilian Personnel Matters
Sec. 1121. Modification of the overtime pay cap.
Sec. 1122. Common occupational and health standards for differential payments as
a consequence of exposure to asbestos.
Sec. 1123. Increase in annual student loan repayment authority.
Sec. 1124. Authorization for cabinet secretaries, secretaries of military depart-
ments, and heads of executive agencies to be paid on a biweekly basis.
Sec. 1125. Senior Executive Service and performance.
Sec. 1126. Design elements of pay-for-performance systems in demonstration
projects.
Sec. 1127. Federal flexible benefits plan administrative costs.
Sec. 1128. Employee surveys.
Sec. 1129. Human capital performance fund.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Subtitle A—Matters Relating to Iraq
Sec. 1201. Medical assistance to Iraqi children injured during Operation Iraqi Free-
dom.
Sec. 1202. Report on the conduct of Operation Iraqi Freedom.
Sec. 1203. Report on Department of Defense security and reconstruction activities
in Iraq.
Sec. 1204. Report on acquisition by Iraq of advanced weapons.
Sec. 1205. Sense of Congress on use of small businesses, minority-owned busi-
nesses, and women-owned businesses in efforts to rebuild Iraq.
Subtitle B—Matters Relating to Export Protections
Sec. 1211. Review of export protections for military superiority resources.
Sec. 1212. Report on Department of Defense costs relating to national security con-
trols on satellite exports.
Subtitle C—Administrative Requirements and Authorities
Sec. 1221. Authority to use funds for payment of costs of attendance of foreign visi-
tors under Regional Defense Counterterrorism Fellowship Program.
Sec. 1222. Recognition of superior noncombat achievements or performance by
members of friendly foreign forces and other foreign nationals.
Sec. 1223. Expansion of authority to waive charges for costs of attendance at
George C. Marshall European Center for Security Studies.
Sec. 1224. Authority for check cashing and currency exchange services to be pro-
vided to foreign military members participating in certain activities with
United States forces.
Sec. 1225. Depot maintenance and repair work on certain types of trainer aircraft
to be transferred to foreign countries as excess aircraft.
Subtitle D—Other Reports and Sense of Congress Statements
Sec. 1231. Annual report on the NATO Prague Capabilities Commitment and the
NATO Response Force.
H. R. 1588—11
Sec. 1232. Report on actions that could be taken regarding countries that initiate
certain legal actions against United States officials or members of the
Armed Forces.
Sec. 1233. Sense of Congress on redeployment of United States forces in Europe.
Sec. 1234. Sense of Congress concerning Navy port calls in Israel.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE
FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds until certain permits obtained.
Sec. 1304. Limitation on use of funds for biological research in the former Soviet
Union.
Sec. 1305. Requirement for on-site managers.
Sec. 1306. Temporary authority to waive limitation on funding for chemical weap-
ons destruction facility in Russia.
Sec. 1307. Annual certifications on use of facilities being constructed for Coopera-
tive Threat Reduction projects or activities.
Sec. 1308. Authority to use Cooperative Threat Reduction funds outside the former
Soviet Union.
TITLE XIV—SERVICES ACQUISITION REFORM
Sec. 1401. Short title.
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. Improvements in contracting for architectural and engineering services.
Sec. 1428. Authorization of telecommuting for Federal contractors.
Subtitle C—Acquisitions of Commercial Items
Sec. 1431. Additional incentive for use of performance-based contracting for serv-
ices.
Sec. 1432. Authorization of additional commercial contract types.
Sec. 1433. Clarification of commercial services definition.
Subtitle D—Other Matters
Sec. 1441. Authority to enter into certain transactions for defense against or recov-
ery from terrorism or nuclear, biological, chemical, or radiological at-
tack.
Sec. 1442. Public disclosure of noncompetitive contracting for the reconstruction of
infrastructure in Iraq.
Sec. 1443. Special emergency procurement authority.
TITLE XV—VETERANS’ DISABILITY BENEFITS COMMISSION
Sec. 1501. Establishment of commission.
Sec. 1502. Duties of the commission.
Sec. 1503. Report.
Sec. 1504. Powers of the commission.
Sec. 1505. Personnel matters.
Sec. 1506. Termination of commission.
Sec. 1507. Funding.
TITLE XVI—DEFENSE BIOMEDICAL COUNTERMEASURES
Sec. 1601. Research and development of defense biomedical countermeasures.
Sec. 1602. Procurement of defense biomedical countermeasures.
Sec. 1603. Authorization for medical products for use in emergencies.
H. R. 1588—12
TITLE XVII—NATURALIZATION AND OTHER IMMIGRATION BENEFITS
FOR MILITARY PERSONNEL AND FAMILIES
Sec. 1701. Requirements for naturalization through service in the Armed Forces of
the United States.
Sec. 1702. Naturalization benefits for members of the Selected Reserve of the
Ready Reserve.
Sec. 1703. Extension of posthumous benefits to surviving spouses, children, and
parents.
Sec. 1704. Expedited process for granting posthumous citizenship to members of
the Armed Forces.
Sec. 1705. Effective date.
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination or modification of authority to carry out certain fiscal year
2003 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 2002 projects.
Sec. 2107. Termination or modification of authority to carry out certain fiscal year
2001 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.
Sec. 2205. Termination of authority to carry out certain fiscal year 2003 projects.
Sec. 2206. Termination or modification of authority to carry out certain fiscal year
2002 projects.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination or modification of authority to carry out certain fiscal year
2003 projects.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Termination of authority to carry out certain fiscal year 2003 projects.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2001 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2000 projects.
H. R. 1588—13
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of general definitions relating to military construction.
Sec. 2802. Increase in maximum amount of authorized annual emergency construc-
tion.
Sec. 2803. Increase in number of family housing units in Italy authorized for lease
by the Navy.
Sec. 2804. Increase in authorized maximum lease term for family housing and
other facilities in certain foreign countries.
Sec. 2805. Conveyance of property at military installations closed or realigned to
support military construction.
Sec. 2806. Inapplicability of space limitations to military unaccompanied housing
units acquired or constructed under alternative authority.
Sec. 2807. Additional material for reports on housing privatization program.
Sec. 2808. Temporary, limited authority to use operation and maintenance funds
for construction projects outside the United States.
Sec. 2809. Report on military construction requirements to support new homeland
defense missions of the Armed Forces.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Enhancement of authority to acquire low-cost interests in land.
Sec. 2812. Retention and availability of amounts realized from energy cost savings.
Sec. 2813. Acceptance of in-kind consideration for easements.
Subtitle C—Base Closure and Realignment
Sec. 2821. Consideration of public-access-road issues related to base closure, re-
alignment, or placement in inactive status.
Sec. 2822. Consideration of surge requirements in 2005 round of base realignments
and closures.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2831. Termination of lease and conveyance of Army Reserve facility, Conway,
Arkansas.
Sec. 2832. Land conveyance, Fort Campbell, Kentucky and Tennessee.
Sec. 2833. Land conveyance, Fort Knox, Kentucky.
Sec. 2834. Army National Guard Armory, Pierce City, Missouri.
Sec. 2835. Land exchange, Fort Belvoir, Virginia.
PART II—NAVY CONVEYANCES
Sec. 2841. Land conveyance, Navy property, Dixon, California.
Sec. 2842. Land conveyance, Marine Corps Logistics Base, Albany, Georgia.
Sec. 2843. Land exchange, Naval and Marine Corps Reserve Center, Portland, Or-
egon.
Sec. 2844. Land conveyance, Naval Reserve Center, Orange, Texas.
Sec. 2845. Land conveyance, Puget Sound Naval Shipyard, Bremerton, Washington.
PART III—AIR FORCE CONVEYANCES
Sec. 2851. Land exchange, March Air Reserve Base, California.
Sec. 2852. Actions to quiet title, Fallin Waters Subdivision, Eglin Air Force Base,
Florida.
Sec. 2853. Modification of land conveyance, Eglin Air Force Base, Florida.
PART IV—OTHER CONVEYANCES
Sec. 2861. Land conveyance, Air Force and Army Exchange Service property, Dal-
las, Texas.
Sec. 2862. Land conveyance, Umnak Island, Alaska.
Subtitle E—Other Matters
Sec. 2871. Authority to accept guarantees with gifts in development of Marine
Corps Heritage Center, Marine Corps Base, Quantico, Virginia.
Sec. 2872. Redesignation of Yuma Training Range Complex as Bob Stump Training
Range Complex.
Sec. 2873. Feasibility study regarding conveyance of Louisiana Army Ammunition
Plant, Doyline, Louisiana.
H. R. 1588—14
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SE-
CURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy supply.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Termination of requirement for annual updates of long-term plan for nu-
clear weapons stockpile life extension program.
Sec. 3112. Department of Energy project review groups not subject to Federal Advi-
sory Committee Act by reason of inclusion of employees of Department
of Energy management and operating contractors.
Sec. 3113. Readiness posture for resumption by the United States of underground
nuclear weapons tests.
Sec. 3114. Technical base and facilities maintenance and recapitalization activities.
Sec. 3115. Continuation of processing, treatment, and disposition of legacy nuclear
materials.
Sec. 3116. Repeal of prohibition on research and development of low-yield nuclear
weapons.
Sec. 3117. Requirement for specific authorization of Congress for commencement of
engineering development phase or subsequent phase of Robust Nuclear
Earth Penetrator.
Subtitle C—Proliferation Matters
Sec. 3121. Semiannual financial reports on defense nuclear nonproliferation pro-
grams.
Sec. 3122. Report on reduction of excessive unobligated or unexpended balances for
defense nuclear nonproliferation activities.
Sec. 3123. Study and report relating to weapons-grade uranium and plutonium of
the independent states of the former Soviet Union.
Sec. 3124. Authority to use international nuclear materials protection and coopera-
tion program funds outside the former Soviet Union.
Sec. 3125. Requirement for on-site managers.
Subtitle D—Other Matters
Sec. 3131. Performance of personnel security investigations of certain Department
of Energy and Nuclear Regulatory Commission employees in sensitive
programs.
Sec. 3132. Policy of Department of Energy regarding future defense environmental
management matters.
Sec. 3133. Inclusion in 2005 stockpile stewardship plan of certain information re-
lating to stockpile stewardship criteria.
Sec. 3134. Progress reports on Energy Employees Occupational Illness Compensa-
tion Program.
Sec. 3135. Report on integration activities of Department of Defense and Depart-
ment of Energy with respect to Robust Nuclear Earth Penetrator.
Subtitle E—Consolidation of National Security Provisions
Sec. 3141. Transfer and consolidation of recurring and general provisions on De-
partment of Energy national security programs.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously authorized dis-
posals from National Defense Stockpile.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
H. R. 1588—15
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Short title.
Subtitle A—Maritime Administration Reauthorization
Sec. 3511. Authorization of appropriations for fiscal years 2004, 2005, 2006, 2007,
and 2008.
Sec. 3512. Conveyance of obsolete vessels under title V, Merchant Marine Act,
1936.
Sec. 3513. Authority to convey vessel USS HOIST (ARS–40).
Sec. 3514. Cargo preference.
Sec. 3515. Maritime education and training.
Sec. 3516. Authority to convey obsolete vessels to United States territories and for-
eign countries for reefing.
Sec. 3517. Maintenance and repair reimbursement pilot program.
Subtitle B—Amendments to Title XI Loan Guarantee Program
Sec. 3521. Equity payments by obligor for disbursement prior to termination of es-
crow agreement.
Sec. 3522. Waivers of program requirements.
Sec. 3523. Project monitoring.
Sec. 3524. Defaults.
Sec. 3525. Decision period.
Sec. 3526. Loan guarantees.
Sec. 3527. Annual report on program.
Sec. 3528. Review of program.
Subtitle C—Maritime Security Fleet
Sec. 3531. Establishment of Maritime Security Fleet.
Sec. 3532. Related amendments to existing law.
Sec. 3533. Interim rules.
Sec. 3534. Repeals and conforming amendments.
Sec. 3535. GAO study of adjustment of operating agreement payment criteria.
Sec. 3536. Definitions.
Sec. 3537. Effective dates.
Subtitle D—National Defense Tank Vessel Construction Assistance
Sec. 3541. National defense tank vessel construction program.
Sec. 3542. Application procedure.
Sec. 3543. Award of assistance.
Sec. 3544. Priority for title XI assistance.
Sec. 3545. Definitions.
Sec. 3546. Authorization of appropriations.
TITLE XXXVI—NUCLEAR SECURITY INITIATIVE
Sec. 3601. Short title.
Subtitle A—Administration and Oversight of Threat Reduction and
Nonproliferation Programs
Sec. 3611. Management assessment of Department of Defense and Department of
Energy threat reduction and nonproliferation programs.
Subtitle B—Relations Between the United States and Russia
Sec. 3621. Comprehensive inventory of Russian tactical nuclear weapons.
Sec. 3622. Establishment of interparliamentary Threat Reduction Working Group.
Sec. 3623. Sense of Congress on cooperation by United States and NATO with Rus-
sia on ballistic missile defenses.
Sec. 3624. Sense of Congress on enhanced collaboration to achieve more reliable
Russian early warning systems.
Subtitle C—Other Matters
Sec. 3631. 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 defense
committees’’ means—
(1) the Committee on Armed Services and the Committee
on Appropriations of the Senate; and
H. R. 1588—16
(2) the Committee on Armed Services and the Committee
on Appropriations of the House of Representatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B—Army Programs
Sec. 111. Stryker vehicle program.
Sec. 112. CH–47 helicopter program.
Subtitle C—Navy Programs
Sec. 121. Multiyear procurement authority for F/A–18 aircraft program.
Sec. 122. Multiyear procurement authority for Tactical Tomahawk cruise missile
program.
Sec. 123. Multiyear procurement authority for Virginia class submarine program.
Sec. 124. Multiyear procurement authority for E–2C aircraft program.
Sec. 125. Multiyear procurement authority for Phalanx Close In Weapon System
program.
Sec. 126. Pilot program for flexible funding of cruiser conversions and overhauls.
Subtitle D—Air Force Programs
Sec. 131. Elimination of quantity limitations on multiyear procurement authority
for C–130J aircraft.
Sec. 132. Limitation on retiring C–5 aircraft.
Sec. 133. Limitation on obligation of funds for procurement of F/A–22 aircraft.
Sec. 134. Aircraft for performance of aerial refueling mission.
Sec. 135. Procurement of tanker aircraft.
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, $2,098,985,000.
(2) For missiles, $1,549,462,000.
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles,
$1,997,304,000.
(4) For ammunition, $1,413,305,000.
(5) For other procurement, $4,365,246,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 2004 for procurement for the Navy as follows:
(1) For aircraft, $9,009,948,000.
(2) For weapons, including missiles and torpedoes,
$2,233,534,000.
(3) For shipbuilding and conversion, $11,729,984,000.
(4) For other procurement, $4,739,143,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2004 for procurement for the Marine Corps
in the amount of $1,123,499,000.
H. R. 1588—17
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for fiscal year 2004 for procurement
of ammunition for the Navy and the Marine Corps in the amount
of $924,355,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
2004 for procurement for the Air Force as follows:
(1) For aircraft, $12,035,151,000.
(2) For ammunition, $1,284,725,000.
(3) For missiles, $4,298,505,000.
(4) For other procurement, $11,631,859,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
2004 
for 
Defense-wide 
procurement 
in 
the 
amount 
of
$3,768,506,000.
Subtitle B—Army Programs
SEC. 111. STRYKER VEHICLE PROGRAM.
(a) LIMITATION.—Of the funds authorized to be appropriated
under section 101 for procurement for the Army for fiscal year
2004 that are available for the Stryker vehicle program, not more
than 80 percent 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 congres-
sional defense committees the report 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 brigades designated
as ‘‘Stryker brigade combat teams’’ to assure that those brigades,
after incorporating such modifications, provide—
(1) a higher level of combat capability and sustainability;
(2) a capability across a broader spectrum of combat oper-
ations; and
(3) a capability to be employed independently of higher-
level command formations and support.
(c) SECRETARY OF DEFENSE REPORT.—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 referred
to in subsection (b), the modification options identified by the Sec-
retary of the Army for purposes of that report. The Secretary
of Defense shall include any comments that may be applicable
to the analysis of the Secretary of the Army’s report.
SEC. 112. CH–47 HELICOPTER PROGRAM.
(a) REQUIREMENT FOR STUDY.—The Secretary of the Army shall
conduct a study of the feasibility and the costs and benefits of
H. R. 1588—18
providing for the participation of a second source in the production
of gears for the helicopter transmissions incorporated into CH–
47 helicopters to be procured by the Army with funds authorized
to be appropriated by this Act.
(b) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study under subsection (a).
Subtitle C—Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A–18 AIR-
CRAFT PROGRAM.
The Secretary of the Navy may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear con-
tract, beginning with the fiscal year 2005 program year, for procure-
ment of aircraft in the F/A–18E, F/A–18F, and EA–18G configura-
tions. 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 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 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.
(b) TACTICAL TOMAHAWK CRUISE MISSILES.—The Secretary of
the Navy may not enter into a contract authorized by subsection
(a) until the Secretary—
(1) determines on the basis of operational testing that
the Tactical Tomahawk Cruise Missile is effective for fleet
use; and
(2) submits notice of such determination to the congres-
sional defense committees.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA
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 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 sub-
section (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.
(c) APPLICABILITY OF SHIPBUILDER TEAMING LAW.—Paragraphs
(2)(A), (3), and (4) of section 121(b) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111
H. R. 1588—19
Stat. 1648) shall apply in the exercise of authority to enter into
a multiyear contract under subsection (a).
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 E–2C and 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 engines for aircraft in the E–2C or TE–
2C configuration.
(c) LIMITATION ON TERM OF CONTRACTS.—Notwithstanding sub-
section (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. MULTIYEAR PROCUREMENT AUTHORITY FOR PHALANX
CLOSE IN WEAPON SYSTEM PROGRAM.
The Secretary of the Navy may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear con-
tract, beginning with the fiscal year 2004 program year, for procure-
ment for the Phalanx Close In Weapon System program, Block
1B.
SEC. 126. PILOT PROGRAM FOR FLEXIBLE FUNDING OF CRUISER
CONVERSIONS AND OVERHAULS.
(a) ESTABLISHMENT.—The Secretary of the Navy may carry
out a pilot program of flexible funding of conversions and overhauls
of cruisers of the Navy in accordance with this section.
(b) AUTHORITY.—Under the pilot program, the Secretary may,
subject to subsection (d), transfer amounts described in subsection
(c) to the appropriation for the Navy for procurement for ship-
building and conversion for any fiscal year to continue to provide
funds for any conversion or overhaul of a cruiser of the Navy
for which funds were initially provided from the appropriation
to which transferred.
(c) FUNDS AVAILABLE FOR TRANSFER.—The amounts available
for transfer under this section are amounts appropriated to the
Navy for any fiscal year after fiscal year 2003 and before fiscal
year 2013 for the following purposes:
(1) For procurement, as follows:
(A) For shipbuilding and conversion.
(B) For weapons procurement.
(C) For other procurement.
(2) For operation and maintenance.
(d) LIMITATIONS.—(1) A transfer may be made with respect
to a cruiser under this section only to meet either (or both) of
the following requirements:
(A) An increase in the size of the workload for conversion
or overhaul to meet existing requirements for the cruiser.
(B) A new conversion or overhaul requirement resulting
from a revision of the original baseline conversion or overhaul
program for the cruiser.
(2) A transfer may not be made under this section before
the date that is 30 days after the date on which the Secretary
H. R. 1588—20
of the Navy transmits to the congressional defense committees
a written notification of the intended transfer. The notification
shall include the following matters:
(A) The purpose of the transfer.
(B) The amounts to be transferred.
(C) Each account from which the funds are to be trans-
ferred.
(D) Each program, project, or activity from which the funds
are to be transferred.
(E) Each account to which the funds are to be transferred.
(F) A discussion of the implications of the transfer for
the total cost of the cruiser conversion or overhaul program
for which the transfer is to be made.
(e) MERGER OF FUNDS.—Amounts transferred to an appropria-
tion with respect to the conversion or overhaul of a cruiser under
this section shall be credited to and merged with other funds
in the appropriation to which transferred and shall be available
for the conversion or overhaul of such cruiser for the same period
as the appropriation to which transferred.
(f) RELATIONSHIP
TO
OTHER
TRANSFER
AUTHORITY.—The
authority to transfer funds under this section is in addition to
any other authority provided by law to transfer appropriated funds
and is not subject to any restriction, limitation, or procedure that
is applicable to the exercise of any such other authority.
(g) FINAL REPORT.—Not later than October 1, 2011, the Sec-
retary of the Navy shall submit to the congressional defense commit-
tees a report containing the Secretary’s evaluation of the efficacy
of the authority provided under this section.
(h) TERMINATION
OF PROGRAM.—No transfer may be made
under this section after September 30, 2012.
Subtitle D—Air Force Programs
SEC. 131. ELIMINATION OF QUANTITY LIMITATIONS ON MULTIYEAR
PROCUREMENT AUTHORITY FOR C–130J AIRCRAFT.
Section 131(a) of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2475)
is amended by striking ‘‘up to 40 C–130J aircraft in the CC–
130J configuration and up to 24 C–130J aircraft in the KC–130J
configuration’’ and inserting ‘‘C–130J aircraft in the CC–130J and
KC–130J configurations’’.
SEC. 132. LIMITATION ON RETIRING C–5 AIRCRAFT.
(a) LIMITATION.—The Secretary of the Air Force may not pro-
ceed with a decision to retire C–5A aircraft from the active inventory
of the Air Force in any number that 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 Development and Demonstration program as
of May 1, 2003; and
(2) the Director of Operational Test and Evaluation of
the Department of Defense—
(A) conducts an operational evaluation of that aircraft,
as so modified; and
H. R. 1588—21
(B) provides to the Secretary of Defense and the
congressional defense committees an operational assess-
ment.
(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 performance of the aircraft with respect
to reliability, maintainability, and availability and with respect
to critical operational issues.
(c) OPERATIONAL ASSESSMENT.—An operational assessment for
purposes of paragraph (2)(B) of subsection (a) is an operational
assessment of the program to modify C–5A aircraft to the configura-
tion referred to in subsection (a)(1) regarding both overall suitability
and deficiencies of the program to improve performance of the
C–5A aircraft relative to requirements and specifications for reli-
ability, maintainability, and availability of that aircraft as in effect
on May 1, 2003.
SEC. 133. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT
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 Secretary of Defense for Acquisition,
Technology, and Logistics submits to the congressional defense
committees the Under Secretary’s certification that—
(1) the five aircraft designated to participate in the initial
operational test and evaluation program for the F/A–22 aircraft,
plus the avionics software test aircraft, have each been
equipped with the avionics software operational flight program
that is configured for initial operational test and evaluation;
and
(2) before the commencement of that initial operational
test and evaluation program, the six aircraft specified in para-
graph (1) demonstrate, on average, a mean time between cov-
ered avionics anomalies of at least five hours.
(c) COVERED AVIONICS ANOMALIES.—For purposes of subsection
(a), the term ‘‘covered avionics anomalies’’ means any of the fol-
lowing:
(1) A software event referred to as a Type 1 failure.
(2) A software event referred to as a Type 2 failure.
(3) A hardware event referred to as a Type 5 failure.
(c) CONTINGENCY WAIVER AUTHORITY.—If the Under Secretary
notifies the Secretary of Defense that the Under Secretary is unable
to make the certification described in subsection (a), the Secretary
may waive the limitation under that subsection. Upon making
such a waiver—
(1) the Secretary of Defense shall notify the congressional
defense committees of the waiver and of the reasons therefor;
and
(2) the funds described in subsection (a) may then be obli-
gated, 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.
SEC. 134. AIRCRAFT FOR PERFORMANCE OF AERIAL REFUELING MIS-
SION.
(a) RESTRICTION ON RETIREMENT OF KC–135E AIRCRAFT.—The
Secretary of the Air Force shall ensure that the number of KC–
H. R. 1588—22
135E aircraft of the Air Force that are retired in fiscal year 2004,
if any, does not exceed 12 such aircraft.
(b) REQUIRED ANALYSIS.—Not later than March 1, 2004, the
Secretary of the Air Force shall submit to the congressional defense
committees an analysis of alternatives for meeting the aerial
refueling requirements that the Air Force has the mission to meet.
The Secretary shall provide for the analysis to be performed by
a federally funded research and development center or another
entity independent of the Department of Defense.
SEC. 135. PROCUREMENT OF TANKER AIRCRAFT.
(a) LEASED AIRCRAFT.—The Secretary of the Air Force may
lease no more than 20 tanker aircraft under the multiyear aircraft
lease pilot program referred to in subsection (d).
(b) MULTIYEAR PROCUREMENT AUTHORITY.—(1) Beginning with
the fiscal year 2004 program year, the Secretary of the Air Force
may, in accordance with section 2306b of title 10, United States
Code, enter into a multiyear contract for the purchase of tanker
aircraft necessary to meet the requirements of the Air Force for
which leasing of tanker aircraft is provided for under the multiyear
aircraft lease pilot program but for which the number of tanker
aircraft leased under the authority of subsection (a) is insufficient.
(2) The total number of tanker aircraft purchased through
a multiyear contract under this subsection may not exceed 80.
(3) Notwithstanding subsection (k) of section 2306b of title
10, United States Code, a contract under this subsection may be
for any period not in excess of 10 program years.
(4) A multiyear contract under this subsection may be initiated
or continued for any fiscal year for which sufficient funds are
available to pay the costs of such contract for that fiscal year,
without regard to whether funds are available to pay the costs
of such contract for any subsequent fiscal year. Such contract shall
provide, however, that performance under the contract during the
subsequent year or years of the contract is contingent upon the
appropriation of funds and shall also provide for a cancellation
payment to be made to the contractor if such appropriations are
not made.
(c) STUDY OF LONG-TERM TANKER AIRCRAFT MAINTENANCE AND
TRAINING REQUIREMENTS.—(1) The Secretary of Defense shall carry
out a study to identify alternative means for meeting the long-
term requirements of the Air Force for—
(A) the maintenance of tanker aircraft leased under the
multiyear aircraft lease pilot program or purchased under sub-
section (b); and
(B) training in the operation of tanker aircraft leased under
the multiyear aircraft lease pilot program or purchased under
subsection (b).
(2) Not later than April 1, 2004, the Secretary of Defense
shall submit a report on the results of the study to the congressional
defense committees.
(d) MULTIYEAR AIRCRAFT LEASE PILOT PROGRAM DEFINED.—
In this section, the term ‘‘multiyear aircraft lease pilot program’’
means the aerial refueling aircraft program authorized under sec-
tion 8159 of the Department of Defense Appropriations Act, 2002
(division A of Public Law 107–117; 115 Stat. 2284).
(e) SENSE OF CONGRESS.—It is the sense of Congress that,
in budgeting for a program to acquire new tanker aircraft for
H. R. 1588—23
the Air Force, the President should ensure that sufficient budgetary
resources are provided to the Department of Defense to fully execute
the program and to further ensure that all other critical defense
programs are fully and properly funded.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program for development of electromagnetic gun technology.
Sec. 212. Leadership and duties of Department of Defense Test Resource Manage-
ment Center.
Sec. 213. Development of the Joint Tactical Radio System.
Sec. 214. Future Combat Systems.
Sec. 215. Extension of reporting requirement for RAH–66 Comanche aircraft pro-
gram.
Sec. 216. Studies of fleet platform architectures for the Navy.
Subtitle C—Ballistic Missile Defense
Sec. 221. Enhanced flexibility for ballistic missile defense systems.
Sec. 222. Fielding of ballistic missile defense capabilities.
Sec. 223. Oversight of procurement, performance criteria, and operational test
plans for ballistic missile defense programs.
Sec. 224. Renewal of authority to assist local communities affected by ballistic mis-
sile defense system test bed.
Sec. 225. Prohibition on use of funds for nuclear-armed interceptors in missile de-
fense systems.
Sec. 226. Follow-on research, development, test, and evaluation related to system
improvements for missile defense programs transferred to military de-
partments.
Subtitle D—Other Matters
Sec. 231. Global Research Watch program in the Office of the Director of Defense
Research and Engineering.
Sec. 232. Defense Advanced Research Projects Agency biennial strategic plan.
Sec. 233. Enhancement of authority of Secretary of Defense to support science,
mathematics, engineering, and technology education.
Sec. 234. Department of Defense program to expand high-speed, high-bandwidth
capabilities for network-centric operations.
Sec. 235. Blue forces tracking initiative.
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, develop-
ment, test, and evaluation as follows:
(1) For the Army, $9,544,833,000.
(2) For the Navy, $14,845,503,000.
(3) For the Air Force, $20,555,667,000.
(4) For Defense-wide activities, $18,438,718,000, of which
$286,661,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) FISCAL YEAR 2004.—Of the amounts authorized to be appro-
priated by section 201, $11,029,557,000 shall be available for the
H. R. 1588—24
Defense Science and Technology Program, including basic research,
applied research, and advanced technology development projects.
(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECH-
NOLOGY 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.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 
211. 
COLLABORATIVE 
PROGRAM 
FOR 
DEVELOPMENT 
OF
ELECTROMAGNETIC GUN TECHNOLOGY.
(a) PROGRAM REQUIRED.—The Secretary of Defense shall estab-
lish and carry out a collaborative program for evaluation and dem-
onstration of advanced technologies and concepts for advanced gun
systems that use electromagnetic propulsion for direct and indirect
fire applications.
(b) DESCRIPTION OF PROGRAM.—The program under subsection
(a) shall be carried out collaboratively pursuant to a memorandum
of agreement to be entered into among the Director of Defense
Research and Engineering, the Secretary of the Army, the Secretary
of the Navy, the Director of the Defense Advanced Research Projects
Agency, and other appropriate officials of the Department of
Defense, as determined by the Secretary. The program shall include
the following activities:
(1) Identification of technical objectives, quantified tech-
nical barriers, and enabling technologies associated with
development of the objective electromagnetic gun systems envi-
sioned to meet the needs of each of the Armed Forces and,
in so doing, identification of opportunities for development of
components or subsystems common to those envisioned gun
systems.
(2) Preparation of a plan and schedule for development
of electromagnetic gun systems for military applications,
which—
(A) includes the programs currently planned within
the Department of Defense;
(B) describes how enabling technologies common to
such programs are developed and utilized; and
(C) provides estimated dates for decision points, proto-
type demonstrations, and transitions of technologies to
acquisition programs.
(3) Identification of a strategy for the participation of
industry in the program.
(c) MATTERS INCLUDED.—The advanced technologies and con-
cepts included under the program may include, but are not limited
to, the following:
(1) Advanced electrical power, energy storage, and
switching systems.
(2) Electromagnetic launcher materials and construction
techniques for long barrel life.
(3) Guidance and control systems for electromagnetically
launched projectiles.
H. R. 1588—25
(4) Advanced projectiles and other munitions for electro-
magnetic gun systems.
(5) Hypervelocity terminal effects.
(d) TRANSITION OF TECHNOLOGIES.—The Secretary of Defense
shall encourage the transition of technologies developed under the
program under subsection (a) into appropriate acquisition programs
of the military departments.
(e) REPORT.—Not later than March 31, 2004, the Director of
Defense Research and Engineering, in collaboration with the other
officials who entered into the memorandum of agreement under
subsection (b), shall submit a report to the congressional defense
committees on the implementation of the program under subsection
(a). The report shall include the following:
(1) A description of the memorandum of agreement entered
into under subsection (b).
(2) The plan and schedule required by subsection (b)(2).
(3) A description of the goals and objectives of the program.
(4) Identification of funding required for fiscal years 2004
and 2005 and for the future-years defense program to carry
out the program.
(5) A description of a plan for industry participation in
the program.
SEC. 212. LEADERSHIP AND DUTIES OF DEPARTMENT OF DEFENSE
TEST RESOURCE MANAGEMENT CENTER.
(a) AUTHORITY TO SELECT CIVILIAN EMPLOYEE AS DIRECTOR.—
Subsection (b)(1) of section 196 of title 10, United States Code,
is amended—
(1) by striking ‘‘on active duty. The Director’’ and inserting
‘‘on active duty or from among senior civilian officers and
employees of the Department of Defense. A commissioned officer
serving as the Director’’; and
(2) by adding at the end the following: ‘‘A civilian officer
or employee serving as the Director, while so serving, has
a pay level equivalent in grade to lieutenant general.’’.
(b) EXPANSION OF DUTIES OF DIRECTOR.—(1) Subsection (c)(1)(B)
of such section is amended by inserting after ‘‘Department of
Defense’’ the following: ‘‘, other than budgets and expenditures
for activities described in section 139(i) of this title’’.
(2) Subsection (e)(1) of such section is amended—
(A) by striking ‘‘, the Director of Operational Test and
Evaluation,’’; and
(B) by striking ‘‘, Director’s, or head’s’’ and inserting ‘‘or
Defense Agency head’s’’.
SEC. 213. DEVELOPMENT OF THE JOINT TACTICAL RADIO SYSTEM.
(a) PLAN FOR MANAGEMENT OF DEVELOPMENT PROGRAM.—The
Secretary of Defense shall develop a plan for implementation of
management of the development program for the Joint Tactical
Radio System under a single joint program office. As part of such
plan, the Secretary shall designate an office for such purpose.
The Secretary shall include in the plan measures to ensure that—
(1) the Joint Tactical Radio Program has a program
management structure that provides strong and effective joint
management;
(2) the head of the joint program office has sufficient control
and authority to properly execute that development program;
and
H. R. 1588—26
(3) effective processes are established to resolve disputes
between military departments with respect to that program.
(b) PROGRAM DEVELOPMENT.—The Secretary shall provide that,
subject to the authority, direction, and control of the Secretary,
the head of the joint program office designated under subsection
(a) shall—
(1) establish and control the systems engineering and the
performance and design specifications for the Joint Tactical
Radio System;
(2) establish and control the standards for development
of software and equipment for that system; and
(3) establish and control the standards for operation of
that system.
(c) PROGRAM REQUIREMENTS.—The Secretary shall ensure—
(1) that there is developed and implemented a single, uni-
fied concept of operations for all users of the Joint Tactical
Radio System; and
(2) that the responsibility for the coordination of the oper-
ational requirements for that system is vested in the Chairman
of the Joint Chiefs of Staff, with the participation of the Joint
Tactical Radio System program office.
(d) REPORT ON PLAN.—The Secretary shall submit the plan
required by subsection (a) to the Committees on Armed Services
of the Senate and House of Representatives not later than February
1, 2004.
(e) IMPLEMENTATION DEADLINE.—The Secretary shall imple-
ment the plan required by subsection (a) not later than December
1, 2004.
SEC. 214. FUTURE COMBAT SYSTEMS.
(a) LIMITATION.—Of the funds authorized to be appropriated
under section 201(1) for development and demonstration of systems
for the Future Combat Systems program, $170,000,000 may not
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—
(A) the review of the Future Combat Systems program
carried out by the independent panel at the direction of
the Secretary of Defense; and
(B) the milestone B review of the Future Combat Sys-
tems program carried out by the Defense Acquisition Board.
(2) For each of the three projects requested under program
element 64645A, a breakdown of the costs of that project for
fiscal year 2004 at a level of detail sufficient to justify the
amount requested for that project in the budget submitted
by the President.
(b) SEPARATE PROGRAM ELEMENTS.—For fiscal years beginning
with 2004, the Secretary of Defense shall ensure that the following
matters (referred to as projects under program element 64645A
in the budget justification materials submitted in support of the
President’s budget for fiscal year 2004) are each planned, pro-
grammed, and budgeted for as a separate, dedicated program ele-
ment:
(1) The Future Combat Systems project.
(2) The Networked Fires System Technology project.
(3) The Objective Force Indirect Fires project.
H. R. 1588—27
(c) ANNUAL REPORT.—At the same time that the President
submits the budget for a fiscal year to Congress under section
1105(a) of title 31, United States Code, the Secretary of the Army
shall submit to the congressional defense committees a report on
the programs and projects comprising the Future Combat Systems
program. The report shall include—
(1) for each such program or project, a breakdown of the
costs of that program or project for that fiscal year at a level
of detail sufficient to justify the amount requested for that
program or project in that budget; and
(2) any updated analysis of alternatives for the program.
SEC. 215. EXTENSION OF REPORTING REQUIREMENT FOR RAH–66
COMANCHE AIRCRAFT PROGRAM.
Section 211 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2479)
is amended in subsection (a) by inserting ‘‘and fiscal year 2004’’
after ‘‘fiscal year 2003’’.
SEC. 216. STUDIES OF FLEET PLATFORM ARCHITECTURES FOR THE
NAVY.
(a) INDEPENDENT STUDIES.—(1) The Secretary of Defense shall
provide for the performance of two independent studies of alter-
native future fleet platform architectures for the Navy.
(2) The Secretary shall forward the results of each study to
the congressional defense committees not later than January 15,
2005.
(3) Each such study shall be submitted both in unclassified,
and to the extent necessary, in classified versions.
(b) ENTITIES TO PERFORM STUDIES.—The Secretary of Defense
shall provide for the studies under subsection (a) to be performed
as follows:
(1) One study shall be performed by a federally funded
research and development center.
(2) The other study shall be performed by the Office of
Force Transformation within the Office of the Secretary of
Defense and shall include participants from (A) the Office of
Net Assessment within the Office of the Secretary of Defense,
(B) the Department of the Navy, and (C) the Joint Staff.
(c) PERFORMANCE OF STUDIES.—(1) The Secretary of Defense
shall require the two studies under this section to be conducted
independently of each other.
(2) In performing a study under this section, the organization
performing the study, while being aware of the current and pro-
jected fleet platform architectures, shall not be limited by the cur-
rent or projected fleet platform architecture and shall consider
the following:
(A) The National Security Strategy of the United States.
(B) Potential future threats to the United States and to
United States naval forces.
(C) The traditional roles and missions of United States
naval forces.
(D) Alternative roles and missions for United States naval
forces.
(E) Other government and non-government analyses that
would contribute to the study through variations in study
assumptions or potential scenarios.
(F) The role of evolving technology on future naval forces.
H. R. 1588—28
(G) Opportunities for reduced manning and unmanned
ships and vehicles in future naval forces.
(d) STUDY RESULTS.—The results of each study under this
section shall—
(1) present the alternative fleet platform architectures
considered, with assumptions and possible scenarios identified
for each;
(2) provide for presentation of minority views of study
participants; and
(3) for the recommended architecture, provide—
(A) the numbers, kinds, and sizes of vessels, the num-
bers and types of associated manned and unmanned
vehicles, and the basic capabilities of each of those plat-
forms; and
(B) other information needed to understand that
architecture in basic form and the supporting analysis.
Subtitle C—Ballistic Missile Defense
SEC. 221. ENHANCED FLEXIBILITY FOR BALLISTIC MISSILE DEFENSE
SYSTEMS.
(a) FLEXIBILITY FOR SPECIFICATION OF PROGRAM ELEMENTS.—
Subsection (a) of section 223 of title 10, United States Code, is
amended—
(1) by inserting ‘‘BY PRESIDENT’’ in the subsection 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 sec-
tion 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 fiscal 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 ACQUISITION TERMI-
NOLOGY.—(1) Section 223(b)(2) of title 10, United States Code, is
amended by striking ‘‘means the development phase whose’’ and
inserting ‘‘means the period in the course of an acquisition program
during which the’’.
(2) Subsection (d)(1) of section 232 of the National 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)’’.
SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Funds authorized to be appropriated under section 201(4) for
the Missile Defense Agency may be used for the development and
fielding of an initial set of ballistic missile defense capabilities.
H. R. 1588—29
SEC. 223. OVERSIGHT OF PROCUREMENT, PERFORMANCE CRITERIA,
AND OPERATIONAL TEST PLANS FOR BALLISTIC MISSILE
DEFENSE PROGRAMS.
(a) PROCUREMENT.—(1) Chapter 9 of title 10, United States
Code, is amended by inserting after section 223 the following new
section:
‘‘§ 223a. Ballistic missile defense programs: procurement
‘‘(a) BUDGET JUSTIFICATION MATERIALS.—In the budget jus-
tification materials submitted to Congress in support of the Depart-
ment of Defense budget for any fiscal year (as submitted with
the budget of the President under section 1105(a) of title 31),
the Secretary of Defense shall specify, for each ballistic missile
defense system element for which the Missile Defense Agency is
engaged in planning for production and initial fielding, the following
information:
‘‘(1) The production rate capabilities of the production facili-
ties planned to be used for production of that element.
‘‘(2) The potential date of availability of that element for
initial fielding.
‘‘(3) The estimated date on which the administration of
the acquisition of that element is to be transferred from the
Director of the Missile Defense Agency to the Secretary of
a military department.
‘‘(b) FUTURE-YEARS
DEFENSE
PROGRAM.—The Secretary of
Defense shall include in the future-years defense program submitted
to Congress each year under section 221 of this title an estimate
of the amount necessary for procurement for each ballistic missile
defense system element, together with a discussion of the under-
lying factors and reasoning justifying the estimate.
‘‘(c) PERFORMANCE
CRITERIA.—The Director of the Missile
Defense Agency shall include in the performance criteria prescribed
for planned development phases of the ballistic missile defense
system and its elements a description of the intended effectiveness
of each such phase against foreign adversary capabilities.
‘‘(d) TESTING PROGRESS.—The Director of Operational Test and
Evaluation shall make available for review by the congressional
defense committees the developmental and operational test plans
established to assess the effectiveness of the ballistic missile defense
system and its elements with respect to the performance criteria
described in subsection (c).’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 223
the following new item:
‘‘223a. Ballistic missile defense programs: procurement.’’.
(b) IMPLEMENTATION OF REQUIREMENT FOR AVAILABILITY OF
TEST PLANS.—Subsection (d) of section 223a of title 10, United
States Code, as added by subsection (a), shall be implemented
not later than March 1, 2004.
SEC. 224. RENEWAL OF AUTHORITY TO ASSIST LOCAL COMMUNITIES
AFFECTED BY BALLISTIC MISSILE DEFENSE SYSTEM
TEST BED.
Section 235(b) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1041) is amended—
H. R. 1588—30
(1) in paragraph (1), by inserting ‘‘or 2004’’ after ‘‘for fiscal
year 2002’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) Not later than 60 days after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2004,
the Secretary of Defense shall submit to the congressional defense
committees a report on the community assistance projects under
this subsection that are to be supported using funds referred to
in paragraph (1) for fiscal year 2004. The report shall include,
for each such project, a description of the project and an estimate
of the total cost of the project.’’.
SEC. 225. PROHIBITION ON USE OF FUNDS FOR NUCLEAR-ARMED
INTERCEPTORS IN MISSILE DEFENSE SYSTEMS.
No funds authorized to be appropriated for the Department
of Defense by this Act may be obligated or expended for research,
development, test, and evaluation, procurement, or deployment of
nuclear-armed interceptors in a missile defense system.
SEC. 226. FOLLOW-ON RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION RELATED TO SYSTEM IMPROVEMENTS FOR MISSILE
DEFENSE 
PROGRAMS 
TRANSFERRED 
TO 
MILITARY
DEPARTMENTS.
(a) REQUIREMENT
FOR DELINEATION
OF RESPONSIBILITY
FOR
FOLLOW-ON RDT&E.—Subsection (e) of section 224 of title 10,
United States Code, is amended—
(1) by striking ‘‘for each’’ and inserting ‘‘before a’’;
(2) by inserting ‘‘is’’ before ‘‘transferred’’;
(3) by striking ‘‘responsibility’’ and inserting ‘‘roles and
responsibilities’’; and
(4) by striking ‘‘remains with the Director’’ and inserting
‘‘are clearly delineated’’.
(b) CONFORMING AMENDMENT.—Subsection (a) of such section
is amended by striking ‘‘a Department of Defense missile defense
program described in subsection (b)’’ and inserting ‘‘the integration
of a ballistic missile defense element into the overall ballistic missile
defense architecture’’.
Subtitle D—Other Matters
SEC. 231. GLOBAL RESEARCH WATCH PROGRAM IN THE OFFICE OF
THE 
DIRECTOR 
OF 
DEFENSE 
RESEARCH 
AND
ENGINEERING.
(a) PROGRAM REQUIRED.—Chapter 139 of title 10, United States
Code, is amended by inserting after section 2364 the following
new section:
‘‘§ 2365. Global Research Watch Program
‘‘(a) PROGRAM.—The Director of Defense Research and
Engineering shall carry out a Global Research Watch program
in accordance with this section.
‘‘(b) PROGRAM GOALS.—The goals of the program are as follows:
‘‘(1) To monitor and analyze the basic and applied research
activities and capabilities of foreign nations in areas of military
interest, including allies and competitors.
‘‘(2) To provide standards for comparison and comparative
analysis of research capabilities of foreign nations in relation
to the research capabilities of the United States.
H. R. 1588—31
‘‘(3) To assist Congress and Department of Defense officials
in making investment decisions for research in technical areas
where the United States may not be the global leader.
‘‘(4) To identify areas where significant opportunities for
cooperative research may exist.
‘‘(5) To coordinate and promote the international coopera-
tive research and analysis activities of each of the armed forces
and Defense Agencies.
‘‘(6) To establish and maintain an electronic database on
international research capabilities, comparative assessments of
capabilities, cooperative research opportunities, and ongoing
cooperative programs.
‘‘(c) FOCUS OF PROGRAM.—The program shall be focused on
research and technologies at a technical maturity level equivalent
to Department of Defense basic and applied research programs.
‘‘(d) COORDINATION.—(1) The Director shall coordinate the pro-
gram with the international cooperation and analysis activities
of the military departments and Defense Agencies.
‘‘(2) The Secretaries of the military departments and the direc-
tors of the Defense Agencies shall provide the Director of Defense
Research and Engineering such assistance as the Director may
require for purposes of the program.
‘‘(e) CLASSIFICATION OF DATABASE INFORMATION.—Information
in electronic databases of the Global Research Watch program shall
be maintained in unclassified form and, as determined necessary
by the Director, in classified form in such databases.
‘‘(f) TERMINATION.—The requirement to carry out the program
under this section shall terminate on September 30, 2006.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after section 2364
the following new item:
‘‘2365. Global Research Watch Program.’’.
SEC. 
232. 
DEFENSE 
ADVANCED 
RESEARCH 
PROJECTS 
AGENCY
BIENNIAL STRATEGIC PLAN.
(a) REQUIREMENT FOR PLAN.—Chapter 139 of title 10, United
States Code, is amended by inserting after section 2351 the fol-
lowing new section:
‘‘§ 2352. 
Defense 
Advanced 
Research 
Projects 
Agency:
biennial strategic plan
‘‘(a) REQUIREMENT FOR STRATEGIC PLAN.—Every other year,
and in time for submission to Congress under subsection (c), the
Director of the Defense Advanced Research Projects Agency shall
prepare a strategic plan for the activities of that agency.
‘‘(b) CONTENTS.—The strategic plan required by subsection (a)
shall include the following matters:
‘‘(1) The long-term strategic goals of that agency.
‘‘(2) Identification of the research programs of that agency
that support—
‘‘(A) achievement of those strategic goals; and
‘‘(B) exploitation of opportunities that hold the poten-
tial for yielding significant military benefits.
‘‘(3) The connection of the activities and programs of that
agency to activities and missions of the armed forces.
‘‘(4) A technology transition strategy for the programs of
that agency.
H. R. 1588—32
‘‘(5) A description of the policies of that agency on the
management, organization, and personnel of that agency.
‘‘(c) SUBMISSION
OF PLAN
TO CONGRESS.—The Secretary of
Defense shall submit to Congress the strategic plan most recently
prepared under subsection (a) at the same time that the President
submits to Congress the budget for an even-numbered fiscal year
under section 1105(a) of title 31.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 2351 the following new item:
‘‘2352. Defense Advanced Research Projects Agency: biennial strategic plan.’’.
SEC. 233. ENHANCEMENT OF AUTHORITY OF SECRETARY OF DEFENSE
TO SUPPORT SCIENCE, MATHEMATICS, ENGINEERING,
AND TECHNOLOGY EDUCATION.
Section 2192 of title 10, United States Code, is amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b)(1) In furtherance of the authority of the Secretary of
Defense under any provision of this chapter or any other provision
of law to support educational programs in science, mathematics,
engineering, and technology, the Secretary of Defense may, unless
otherwise specified in such provision—
‘‘(A) enter into contracts and cooperative agreements with
eligible entities;
‘‘(B) make grants of financial assistance to eligible entities;
‘‘(C) provide cash awards and other items to eligible enti-
ties;
‘‘(D) accept voluntary services from eligible entities; and
‘‘(E) support national competition judging, other edu-
cational event activities, and associated award ceremonies in
connection with these educational programs.
‘‘(2) In this subsection:
‘‘(A) The term ‘eligible entity’ includes a department or
agency of the Federal Government, a State, a political subdivi-
sion of a State, an individual, and a not-for-profit or other
organization in the private sector.
‘‘(B) The term ‘State’ means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the United States Virgin Islands, the Commonwealth
of the Northern Mariana Islands, American Samoa, and any
other territory or possession of the United States.’’.
SEC. 234. DEPARTMENT OF DEFENSE PROGRAM TO EXPAND HIGH-
SPEED, HIGH-BANDWIDTH CAPABILITIES FOR NETWORK-
CENTRIC OPERATIONS.
(a) IN GENERAL.—The Secretary of Defense shall carry out
a program of research and development to promote the development
of high-speed, high-bandwidth communications capabilities for sup-
port of network-centric operations by the Armed Forces.
(b) PURPOSES.—The purposes of the program required by sub-
section (a) are as follows:
(1) To accelerate the development and fielding by the
Armed Forces of network-centric operational capabilities
(including expanded use of unmanned vehicles, satellite commu-
nications, and sensors) through the promotion of research and
H. R. 1588—33
development, and the focused coordination of programs, to
achieve high-speed, high-bandwidth connectivity to military
assets.
(2) To provide for the development of equipment and tech-
nologies for military high-speed, high-bandwidth communica-
tions capabilities for support of network-centric operations.
(c) DESCRIPTION OF PROGRAM.—In carrying out the program
of research and development required by subsection (a), the Sec-
retary shall—
(1) identify areas of advanced wireless communications in
which research and development, or the use of emerging tech-
nologies, has significant potential to improve the performance,
efficiency, cost, and flexibility of advanced communications sys-
tems for support of network-centric operations;
(2) develop a coordinated plan for research and development
on—
(A) improved spectrum access through spectrum-effi-
cient communications for support of network-centric oper-
ations;
(B) high-speed, high-bandwidth communications;
(C) networks, including complex ad hoc adaptive net-
work structures;
(D) 
communications 
devices, 
including 
efficient
receivers and transmitters;
(E) computer software and wireless communication
applications, including robust security and encryption; and
(F) any other matters that the Secretary considers
appropriate for the purposes described in subsection (b);
(3) ensure joint research and development, and promote
joint systems acquisition and deployment, among the military
departments and defense agencies, including the development
of common cross-service technology requirements and doctrine,
so as to enhance interoperability among the military services
and defense agencies;
(4) conduct joint experimentation among the Armed Forces,
and coordinate with the Joint Forces Command, on experimen-
tation to support the development of network-centric warfare
capabilities from the operational to the small unit level in
the Armed Forces;
(5) consult with other Federal entities and with private
industry to develop cooperative research and development
efforts, to the extent that such efforts are practicable.
(d) REPORT.—(1) The Secretary shall submit to the congres-
sional defense committees, together with the budget justification
materials submitted to Congress in support of the Department
of Defense budget for fiscal year 2006 (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code), a report on the activities carried out under this
section through the date on which the report is submitted.
(2) The report under paragraph (1) shall include the following:
(A) A description of the research and development activities
carried out under subsection (a), including the particular activi-
ties carried out under the plan required by subsection (c)(2).
(B) Current and proposed funding for the particular activi-
ties carried out under that plan, as set forth in each of subpara-
graphs (A) through (F) of subsection (c)(2).
H. R. 1588—34
(C) A description of the joint research and development
activities required by subsection (c)(3).
(D) A description of the joint experimentation activities
required by subsection (c)(4).
(E) An analysis of the effects on recent military operations
of limitations on communications bandwidth and access to radio
frequency spectrum.
(F) An assessment of the effect of additional resources
on the ability to achieve the purposes described in subsection
(b).
(G) Such recommendations for additional activities under
this section as the Secretary considers appropriate to meet
the purposes described in subsection (b).
SEC. 235. BLUE FORCES TRACKING INITIATIVE.
(a) GOAL.—It shall be a goal of the Department of Defense
to coordinate fully the various efforts of the Chairman of the Joint
Chiefs of Staff, the commanders of the combatant commands, and
the Secretaries of the military departments to develop an effective
system for tracking of United States and other friendly forces
(known as ‘‘blue forces’’) during combat operations.
(b) JOINT BLUE FORCES TRACKING EXPERIMENT.—(1) The Sec-
retary of Defense, acting through the commander of the United
States Joint Forces Command, shall carry out a joint experiment
during fiscal year 2004 to demonstrate and evaluate available joint
blue forces tracking technologies.
(2) The objectives of the experiment under paragraph (1) are
as follows:
(A) To explore various options for tracking United States
and other friendly forces during combat operations.
(B) To determine an optimal, achievable, and upgradable
solution for the development, acquisition, and fielding of a
system for tracking all United States military forces that is
coordinated and interoperable and also accommodates the
participation of military forces of allied nations with United
States forces in combat operations.
(c) REPORT.—Not later than 60 days after the conclusion of
the experiment under subsection (b), but not later than December
1, 2004, the Secretary shall submit to the congressional defense
committees a report on the results of the experiment, together
with a comprehensive plan for the development, acquisition, and
fielding of a functional, near real-time blue forces tracking system.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B—Environmental Provisions
Sec. 311. Reauthorization and modification of title I of Sikes Act.
Sec. 312. Clarification of Department of Defense response to environmental emer-
gencies.
Sec. 313. Repeal of authority to use environmental restoration account funds for re-
location of a contaminated facility.
Sec. 314. Authorization for Department of Defense participation in wetland mitiga-
tion banks.
H. R. 1588—35
Sec. 315. Inclusion of environmental response equipment and services in Navy defi-
nitions of salvage facilities and salvage services.
Sec. 316. Repeal of model program for base closure environmental restoration.
Sec. 317. Requirements for restoration advisory boards and exemption from Federal
Advisory Committee Act.
Sec. 318. Military readiness and conservation of protected species.
Sec. 319. Military readiness and marine mammal protection.
Sec. 320. Report regarding impact of civilian community encroachment and certain
legal requirements on military installations and ranges and plan to ad-
dress encroachment.
Sec. 321. Cooperative water use management related to Fort Huachuca, Arizona,
and Sierra Vista subwatershed.
Sec. 322. Task force on resolution of conflict between military training and endan-
gered species protection at Barry M. Goldwater Range, Arizona.
Sec. 323. Public health assessment of exposure to perchlorate.
Sec. 324. Comptroller General review of Arctic Military Environmental Cooperation
program.
Subtitle C—Workplace and Depot Issues
Sec. 331. Exemption of certain firefighting service contracts from prohibition on
contracts for performance of firefighting functions.
Sec. 332. Technical amendment relating to closure of Sacramento Army Depot,
California.
Sec. 333. Exception to competition requirement for depot-level maintenance and re-
pair workloads performed by depot-level activities.
Sec. 334. Resources-based schedules for completion of public-private competitions
for performance of Department of Defense functions.
Sec. 335. Delayed implementation of revised Office of Management and Budget Cir-
cular A–76 by Department of Defense pending report.
Sec. 336. Pilot program for best-value source selection for performance of informa-
tion technology services.
Sec. 337. High-performing organization business process reengineering pilot pro-
gram.
Sec. 338. Naval Aviation Depots multi-trades demonstration project.
Subtitle D—Other Matters
Sec. 341. Cataloging and standardization for defense supply management.
Sec. 342. Sale of Defense Information Systems Agency services to contractors per-
forming the Navy-Marine Corps Intranet contract.
Sec. 343. Permanent authority for purchase of certain municipal services at instal-
lations in Monterey County, California.
Sec. 344. Department of Defense telecommunications benefit.
Sec. 345. Independent assessment of material condition of the KC–135 aerial re-
fueling fleet.
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, $24,627,037,000.
(2) For the Navy, $27,975,559,000.
(3) For the Marine Corps, $3,426,056,000.
(4) For the Air Force, $26,089,670,000.
(5) For Defense-wide activities, $16,243,157,000.
(6) For the Army Reserve, $1,966,009,000.
(7) For the Naval Reserve, $1,171,921,000.
(8) For the Marine Corps Reserve, $173,952,000.
(9) For the Air Force Reserve, $2,179,188,000.
(10) For the Army National Guard, $4,256,331,000.
(11) For the Air National Guard, $4,406,146,000.
H. R. 1588—36
(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, $252,619,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) 
For 
Cooperative 
Threat 
Reduction 
programs,
$450,800,000.
(20) Overseas Contingencies Program, $5,000,000.
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 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, $1,062,762,000.
(3) For the Defense Commissary Agency Working Capital
Fund, $1,089,246,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) DEFENSE HEALTH PROGRAM.—Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year
2004 for expenses, not otherwise provided for, for the Defense
Health Program, $15,401,509,000, of which—
(1) $15,007,887,000 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
DESTRUCTION,
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 Chemical Agents and Munitions
Destruction, Defense, $1,530,261,000, of which—
(A) $1,199,168,000 is for Operation and Maintenance;
(B) $251,881,000 is for Research, Development, Test, and
Evaluation; and
(C) $79,212,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph
(1) are authorized for—
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
(c) DRUG
INTERDICTION
AND
COUNTER-DRUG
ACTIVITIES,
DEFENSE-WIDE.—Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2004 for expenses,
not otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, $817,371,000.
H. R. 1588—37
(d) DEFENSE INSPECTOR GENERAL.—Funds are hereby author-
ized to be appropriated for the Department of Defense for fiscal
year 2004 for expenses, not otherwise provided for, for the Office
of 
the 
Inspector 
General 
of 
the 
Department 
of 
Defense,
$162,449,000, of which—
(1) $160,049,000 is for Operation and Maintenance;
(2) $2,100,000 is for Research, Development, Test, and
Evaluation; and
(3) $300,000 is for Procurement.
Subtitle B—Environmental Provisions
SEC. 311. REAUTHORIZATION AND MODIFICATION OF TITLE I OF SIKES
ACT.
(a) REAUTHORIZATION.—Section 108 of the Sikes Act (16 U.S.C.
670f) is amended by striking ‘‘fiscal years 1998 through 2003’’
each place it appears and inserting ‘‘fiscal years 2004 through
2008’’.
(b) SENSE OF CONGRESS REGARDING SECTION 107.—(1) Congress
finds the following:
(A) The Department of Defense maintains over 25,000,000
acres of valuable fish and wildlife habitat on approximately
400 military installations nationwide.
(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 commercial infrastructure that
fragments fish and wildlife habitat and decreases its ability
to support a diversity of species.
(D) Comprehensive conservation plans, such as integrated
natural resource management plans under the Sikes Act (16
U.S.C. 670 et seq.), can ensure that these ecosystem values
can be protected and enhanced while allowing these lands
to meet the needs of 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, including
the preparation and implementation of integrated natural
resource management plans.
(F) Managerial and policymaking functions performed by
Department of Defense on-site professionally trained natural
resource management personnel on military installations are
appropriate governmental 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 and are essential to the conservation of wildlife spe-
cies on military land.
(2) It is the sense of Congress that the Secretary of Defense
should take whatever steps are necessary to ensure that section
107 of the Sikes Act (16 U.S.C. 670e–2) is fully implemented con-
sistent with the findings made in paragraph (1).
H. R. 1588—38
(c) PILOT PROGRAM.—(1) Section 101 of the Sikes Act (16 U.S.C.
670a) is amended by adding at the end the following new subsection:
‘‘(g) PILOT PROGRAM FOR INVASIVE SPECIES MANAGEMENT FOR
MILITARY INSTALLATIONS IN GUAM.—
‘‘(1) INCLUSION OF INVASIVE SPECIES MANAGEMENT.—During
fiscal years 2004 through 2008, the Secretary of Defense shall,
to the extent practicable and conducive to military readiness,
incorporate in integrated natural resources management plans
for military installations in Guam the management, control,
and eradication of invasive species—
‘‘(A) that are not native to the ecosystem of the military
installation; and
‘‘(B) the introduction of which cause or may cause
harm to military readiness, the environment, or human
health and safety.
‘‘(2) CONSULTATION.—The Secretary of Defense shall carry
out this subsection in consultation with the Secretary of the
Interior.’’.
(2) Section 101(g) of the Sikes Act, as added by paragraph
(1), shall apply—
(A) to any integrated natural resources management plan
prepared for a military installation in Guam under section
101(a)(1) of such Act on or after the date of the enactment
of this Act; and
(B) effective March 1, 2004, to any integrated natural
resources management plan prepared for a military installation
in Guam under such section before the date of the enactment
of this Act.
SEC. 312. CLARIFICATION OF DEPARTMENT OF DEFENSE RESPONSE
TO ENVIRONMENTAL EMERGENCIES.
(a) TRANSPORTATION OF HUMANITARIAN RELIEF SUPPLIES TO
RESPOND TO ENVIRONMENTAL EMERGENCIES.—Section 402 of title
10, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d)(1) The Secretary of Defense may use the authority provided
by subsection (a) 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, but only
if other sources to provide such transportation are not readily
available.
‘‘(2) Notwithstanding subsection (a), the Secretary of Defense
may require reimbursement for costs incurred by the Department
of Defense to transport supplies under this subsection.’’.
(b) CONDITIONS ON PROVISION OF TRANSPORTATION.—Subsection
(b) of such section is amended—
(1) in paragraph (1)(C), by inserting ‘‘or entity’’ after
‘‘people’’;
(2) in paragraph (1)(E), by inserting ‘‘or use’’ after ‘‘distribu-
tion’’; and
(3) in paragraph (3), by striking ‘‘donor to ensure that
supplies to be transported under this section’’ and inserting
‘‘entity requesting the transport of supplies under this section
to ensure that the supplies’’.
H. R. 1588—39
(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’’;
(2) in subsection (c)(2), by inserting ‘‘or the environment’’
after ‘‘human lives’’; and
(3) by adding at the end the following new subsection:
‘‘(e) LIMITATION ON TRANSPORTATION ASSISTANCE.—Transpor-
tation services authorized under subsection (b) may be provided
in response to a manmade or natural disaster to prevent serious
harm to the environment, when human lives are not at risk, only
if other sources to provide such transportation are not readily
available.’’.
(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 Secretary of Defense may use the authority provided
by paragraph (1) 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, but only
if other sources to provide such transportation are not readily
available. The Secretary may require reimbursement for costs
incurred by the Department of Defense to transport supplies under
this paragraph.’’.
SEC. 313. REPEAL OF AUTHORITY TO USE ENVIRONMENTAL RESTORA-
TION ACCOUNT FUNDS FOR RELOCATION OF A CONTAMI-
NATED FACILITY.
(a) REPEAL.—Effective October 1, 2003, section 2703(c) of title
10, United States Code, is amended—
(1) in paragraph (1) by striking ‘‘only—’’ and all that follows
through the period at the end and inserting ‘‘only to carry
out the environmental restoration functions of the Secretary
of Defense and the Secretaries of the military departments
under this chapter and under any other provision of law.’’;
(2) by striking paragraphs (2) and (3); and
(3) by redesignating paragraph (4) as paragraph (2) and
striking the second sentence of such paragraph.
(b) EFFECT OF REPEAL ON EXISTING AGREEMENTS.—An agree-
ment in effect on September 30, 2003, under section 2703(c)(1)(B)
of title 10, United States Code, as in effect on that date, to pay
for the costs of permanently relocating a facility because of a release
or threatened release of hazardous substances, pollutants, or
contaminants shall remain in effect after that date, subject to
the terms of the agreement, and costs may be paid in accordance
with the terms of the agreement, notwithstanding the amendments
made by subsection (a).
SEC. 314. AUTHORIZATION FOR DEPARTMENT OF DEFENSE PARTICIPA-
TION IN WETLAND MITIGATION BANKS.
(a) DOD PARTICIPATION.—(1) Chapter 159 of title 10, United
States Code, is amended by inserting after section 2694a the fol-
lowing 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
H. R. 1588—40
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 approved 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 successor
administrative guidance or regulation.
‘‘(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.
‘‘(c) TREATMENT OF PAYMENTS.—Payments made under sub-
section (a) to a wetland mitigation banking program or consolidated
user site may be treated as eligible project costs for military
construction.’’.
(2) 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.’’.
(b) MITIGATION AND MITIGATION BANKING REGULATIONS.—(1)
To ensure opportunities for Federal agency participation in mitiga-
tion banking, the Secretary of the Army, acting through the Chief
of Engineers, shall issue regulations establishing performance
standards and criteria for the use, consistent with section 404
of the Federal Water Pollution Control Act (33 U.S.C. 1344), of
on-site, off-site, and in-lieu fee mitigation and mitigation banking
as compensation for lost wetlands functions in permits issued by
the Secretary of the Army under such section. To the maximum
extent practicable, the regulatory standards and criteria shall maxi-
mize available credits and opportunities for mitigation, provide
flexibility for regional variations in wetland conditions, functions
and values, and apply equivalent standards and criteria to each
type of compensatory mitigation.
(2) Final regulations shall be issued not later than two years
after the date of the enactment of this Act.
SEC. 315. INCLUSION OF ENVIRONMENTAL RESPONSE EQUIPMENT
AND SERVICES IN NAVY DEFINITIONS OF SALVAGE
FACILITIES AND SALVAGE SERVICES.
(a) SALVAGE FACILITIES.—Section 7361 of title 10, United States
Code, is amended by adding at the end the following new subsection:
‘‘(e) SALVAGE FACILITIES DEFINED.—In this section, the term
‘salvage facilities’ includes equipment and gear utilized to prevent,
abate, or minimize damage to the environment.’’.
(b) SETTLEMENT OF CLAIMS FOR SALVAGE SERVICES.—Section
7363 of such title is amended—
(1) by inserting ‘‘(a) AUTHORITY TO SETTLE CLAIM.—’’ before
‘‘The Secretary’’; and
(2) by adding at the end the following new subsection:
‘‘(b) SALVAGE SERVICES DEFINED.—In this section, the term
‘salvage services’ includes services performed in connection with
H. R. 1588—41
a marine salvage operation that are intended to prevent, abate,
or minimize damage to the environment.’’.
SEC. 316. REPEAL OF MODEL PROGRAM FOR BASE CLOSURE ENVIRON-
MENTAL RESTORATION.
Section 2926 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2687 note) is
repealed.
SEC. 317. REQUIREMENTS FOR RESTORATION ADVISORY BOARDS AND
EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.
(a) MEMBERSHIP AND MEETING REQUIREMENTS FOR RESTORA-
TION 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, composi-
tion, and funding of restoration advisory boards to ensure that
each restoration advisory board complies with the following require-
ments:
(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 section 552b(c) of title 5, United States Code, each
meeting of a restoration advisory board shall be—
(A) held at a reasonable time and in a manner or
place reasonably accessible to the public, including individ-
uals with disabilities; and
(B) open to the public.
(3) Timely notice of each meeting of a restoration advisory
board shall be published in a local newspaper of general circula-
tion.
(4) Interested persons may appear before or file statements
with a restoration advisory board, subject to such reasonable
restrictions as the Secretary may prescribe.
(5) Subject to section 552 of title 5, United States Code,
the records, reports, minutes, appendixes, working papers,
drafts, studies, agenda, or other documents that were made
available to, prepared 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 installa-
tion for which the restoration advisory board is established,
at least until the restoration 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 conclusions reached, and copies of all
reports received, issued, or approved by the restoration advisory
board. The accuracy of the minutes of a restoration advisory
board shall be certified by the chairperson of the board.
(b) FACA EXEMPTION.—Section 2705(d)(2) of title 10, United
States Code, is amended by adding at the end the following new
subparagraph:
‘‘(C) The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to a restoration advisory board established under this
subsection.’’.
H. R. 1588—42
SEC. 318. 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:
‘‘(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 resources management plan prepared
under section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary
determines in writing that such plan provides a benefit to the
species for which critical habitat is proposed for designation.
‘‘(ii) Nothing in this paragraph affects the requirement to con-
sult 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 Endangered 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. 319. MILITARY READINESS AND MARINE MAMMAL PROTECTION.
(a) DEFINITION
OF
HARASSMENT
FOR
MILITARY
READINESS
ACTIVITIES.—Section 3(18) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1362(18)) is amended by striking subparagraphs
(B) and (C) and inserting the following new subparagraphs:
‘‘(B) In the case of a military readiness activity (as defined
in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note)
or a scientific research activity conducted by or on behalf of
the Federal Government consistent with section 104(c)(3), the
term ‘harassment’ means—
‘‘(i) any act that injures or has the significant potential
to injure a marine mammal or marine mammal stock in
the wild; or
‘‘(ii) any act that disturbs or is likely to disturb a
marine mammal or marine mammal stock in the wild
by causing disruption of natural behavioral patterns,
including, but not limited to, migration, surfacing, nursing,
breeding, feeding, or sheltering, to a point where such
behavioral patterns are abandoned or significantly altered.
‘‘(C) The term ‘Level A harassment’ means harassment
described in subparagraph (A)(i) or, in the case of a military
readiness activity or scientific research activity described in
subparagraph (B), harassment described in subparagraph (B)(i).
‘‘(D) The term ‘Level B harassment’ means harassment
described in subparagraph (A)(ii) or, in the case of a military
readiness activity or scientific research activity described in
subparagraph (B), harassment described in subparagraph
(B)(ii).’’.
H. R. 1588—43
(b) 
EXEMPTION
OF
ACTIONS
NECESSARY
FOR
NATIONAL
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
NATIONAL
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 under-
taken by the Department of Defense or its components from compli-
ance 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 effective for
a period specified by the Secretary of Defense; and
‘‘(B) shall not be effective for more than 2 years.
‘‘(3)(A) The Secretary of Defense may issue additional exemp-
tions under this subsection for the same action or category of
actions, after—
‘‘(i) conferring with the Secretary of Commerce, the Sec-
retary of the Interior, or both as appropriate; and
‘‘(ii) making a new determination that the additional
exemption is necessary for national defense.
‘‘(B) Each additional exemption under this paragraph shall
be effective for a period specified by the Secretary of Defense,
of not more than 2 years.
‘‘(4) Not later than 30 days after issuing an exemption under
paragraph (1) or an additional exemption under paragraph (3),
the Secretary of Defense shall submit to the Committee on Armed
Services of the House of Representatives and the Committee on
Armed Services of the Senate notice describing the exemption and
the reasons therefor. The notice may be provided in classified form
if the Secretary of Defense determines that use of the classified
form is necessary for reasons of national security.’’.
(c) INCIDENTAL TAKINGS
OF MARINE MAMMALS
IN MILITARY
READINESS ACTIVITIES.—Section 101(a)(5) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended—
(1) in subparagraph (A)—
(A) by redesignating clauses (i) and (ii) and subclauses
(I) and (II) as subclauses (I) and (II) and items (aa) and
(bb), respectively;
(B) by inserting ‘‘(i)’’ after ‘‘(5)(A)’’; and
(C) by adding at the end the following new clauses:
‘‘(ii) For a military readiness activity (as defined in section
315(f) of Public Law 107–314; 16 U.S.C. 703 note), a determina-
tion of ‘least practicable adverse impact on such species or
stock’ under clause (i)(II)(aa) shall include consideration of per-
sonnel safety, practicality of implementation, and impact on
the effectiveness of the military readiness activity. Before
making the required determination, the Secretary shall consult
with the Department of Defense regarding personnel safety,
practicality of implementation, and impact on the effectiveness
of the military readiness activity.
‘‘(iii) Notwithstanding clause (i), for any authorization
affecting a military readiness activity (as defined in section
315(f) of Public Law 107–314; 16 U.S.C. 703 note), the Secretary
shall publish the notice required by such clause only in the
Federal Register.’’;
H. R. 1588—44
(2) in subparagraph (D), by adding at the end the following
new clauses:
‘‘(vi) For a military readiness activity (as defined in section
315(f) of Public Law 107–314; 16 U.S.C. 703 note), a determina-
tion of ‘least practicable adverse impact on such species or
stock’ under clause (i)(I) shall include consideration of personnel
safety, practicality of implementation, and impact on the
effectiveness of the military readiness activity. Before making
the required determination, the Secretary shall consult with
the Department of Defense regarding personnel safety, practi-
cality of implementation, and impact on the effectiveness of
the military readiness activity.
‘‘(vii) Notwithstanding clause (iii), for any authorization
affecting a military readiness activity (as defined in section
315(f) of Public Law 107–314; 16 U.S.C. 703 note), the Secretary
shall publish the notice required by such clause only in the
Federal Register.’’; and
(3) by adding at the end the following new subparagraph:
‘‘(F) Notwithstanding the provisions of this subsection, any
authorization affecting a military readiness activity (as defined
in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note)
shall not be subject to the following requirements:
‘‘(i) In subparagraph (A), ‘within a specified geo-
graphical region’ and ‘within that region of small numbers’.
‘‘(ii) In subparagraph (B), ‘within a specified geo-
graphical region’ and ‘within one or more regions’.
‘‘(iii) In subparagraph (D), ‘within a specific geographic
region’, ‘of small numbers’, and ‘within that region’.’’.
SEC. 320. REPORT REGARDING IMPACT OF CIVILIAN COMMUNITY
ENCROACHMENT AND CERTAIN LEGAL REQUIREMENTS
ON MILITARY INSTALLATIONS AND RANGES AND PLAN
TO ADDRESS ENCROACHMENT.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study on the impact, if any, of the following types of encroachment
issues affecting military installations and operational ranges:
(1) Civilian community encroachment on those military
installations and ranges whose operational training activities,
research, development, test, and evaluation activities, or other
operational, test and evaluation, maintenance, storage, disposal,
or other support functions require, or in the future reasonably
may require, safety or operational buffer areas. The require-
ment for such a buffer area may be due to a variety of factors,
including air operations, ordnance operations and storage, or
other activities that generate or might generate noise, electro-
magnetic interference, ordnance arcs, or environmental impacts
that require or may require safety or operational buffer areas.
(2) Compliance by the Department of Defense with State
Implementation Plans for Air Quality under section 110 of
the Clean Air Act (42 U.S.C. 7410).
(3) Compliance by the Department of Defense with the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(b) MATTERS TO BE INCLUDED WITH RESPECT
TO CIVILIAN
COMMUNITY ENCROACHMENTS.—With respect to paragraph (1) of
subsection (a), the study shall include the following:
H. R. 1588—45
(1) A list of all military installations described in subsection
(a)(1) at which civilian community encroachment is occurring.
(2) A description and analysis of the types and degree
of such civilian community encroachment at each military
installation included on the list.
(3) An analysis, including views and estimates of the Sec-
retary of Defense, of the current and potential future impact
of such civilian community encroachment on operational
training activities, research, development, test, and evaluation
activities, and other significant operational, test and evaluation,
maintenance, storage, disposal, or other support functions per-
formed by military installations included on the list. The anal-
ysis shall include the following:
(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 consideration 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 around military installations included on
the list, and the costs associated with the conveyance of surplus
property around such military installations for purposes of
creating buffer zones.
(5) Options and recommendations for possible legislative
or budgetary changes necessary to mitigate current and antici-
pated future civilian community encroachment problems.
(c) MATTERS TO BE INCLUDED WITH RESPECT TO COMPLIANCE
WITH SPECIFIED LAWS.—With respect to paragraphs (2) and (3)
of subsection (a), the study shall include the following:
(1) A list of all military installations and other locations
at which the Armed Forces are encountering problems related
to compliance with the laws specified in such paragraphs.
(2) A description and analysis of the types and degree
of compliance problems encountered.
(3) An analysis, including views and estimates of the Sec-
retary of Defense, of the current and potential future impact
of such compliance problems on the following functions per-
formed at military installations:
(A) Operational training activities.
(B) Research, development, test, and evaluation activi-
ties.
(C) Other significant operational, test and evaluation,
maintenance, storage, disposal, or other support functions.
(4) A description and explanation of the trends of such
compliance problems, as well as consideration of potential
future readiness problems resulting from such compliance prob-
lems.
(d) PLAN TO RESPOND TO ENCROACHMENT ISSUES.—On the basis
of the study conducted under subsection (a), including the specific
matters required to be addressed by subsections (b) and (c), the
Secretary of Defense shall prepare a plan to respond to the
encroachment issues described in subsection (a) affecting military
installations and operational ranges.
H. R. 1588—46
(e) REPORTING REQUIREMENTS.—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
the following reports regarding the study conducted under sub-
section (a), including the specific matters required to be addressed
by subsections (b) and (c):
(1) Not later than January 31, 2004, an interim report
describing the progress made in conducting the study and con-
taining the information collected under the study as of that
date.
(2) Not later than January 31, 2006, a report containing
the results of the study and the encroachment response plan
required by subsection (d).
(3) Not later than January 31, 2007, and each January
31 thereafter through January 31, 2010, a report describing
the progress made in implementing the encroachment response
plan.
SEC. 321. COOPERATIVE WATER USE MANAGEMENT RELATED TO FORT
HUACHUCA, ARIZONA, AND SIERRA VISTA SUBWATER-
SHED.
(a) LIMITATION
ON FEDERAL RESPONSIBILITY
FOR CIVILIAN
WATER CONSUMPTION IMPACTS.—
(1) LIMITATION.—For purposes of section 7 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1536), concerning any
present and future Federal agency action at Fort Huachuca,
Arizona, water consumption by State, local, and private entities
off of the installation that is not a direct or indirect effect
of the agency action or an effect of other activities that are
interrelated or interdependent with that agency action, shall
not be considered in determining whether such agency action
is likely to jeopardize the continued existence of any endangered
or threatened species or result in the destruction or adverse
modification of designated critical habitat.
(2) 
VOLUNTARY
REGIONAL
CONSERVATION
EFFORTS.—
Nothing in this subsection shall prohibit Federal agencies oper-
ating at Fort Huachuca from voluntarily undertaking efforts
to mitigate water consumption.
(3) DEFINITION
OF
WATER
CONSUMPTION.—In this sub-
section, the term ‘‘water consumption’’ means all water use
off of the installation from any source.
(4) EFFECTIVE DATE.—This subsection applies only to Fed-
eral agency actions regarding which the Federal agency
involved determines that consultation, or reinitiation of con-
sultation, under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536) is required with regard to an agency
action at Fort Huachuca on or after the date of the enactment
of this Act.
(b) RECOGNITION OF UPPER SAN PEDRO PARTNERSHIP.—Con-
gress hereby recognizes the Upper San Pedro Partnership, Arizona,
a partnership of Fort Huachuca, Arizona, other Federal, State,
and local governmental and nongovernmental entities, and its
efforts to establish a collaborative water use management program
in the Sierra Vista Subwatershed, Arizona, to achieve the sustain-
able yield of the regional aquifer, so as to protect the Upper San
Pedro River, Arizona, and the San Pedro Riparian National Con-
servation Area, Arizona.
H. R. 1588—47
(c) REPORT ON WATER USE MANAGEMENT AND CONSERVATION
OF REGIONAL AQUIFER.—
(1) IN GENERAL.—The Secretary of the Interior shall pre-
pare, in consultation with the Secretary of Agriculture and
the Secretary of Defense and in cooperation with the other
members of the Partnership, a report on the water use manage-
ment and conservation measures that have been implemented
and are needed to restore and maintain the sustainable yield
of the regional aquifer by and after September 30, 2011. The
Secretary of the Interior shall submit the report to Congress
not later than December 31, 2004.
(2) PURPOSE.—The purpose of the report is to set forth
measurable annual goals for the reduction of the overdrafts
of the groundwater of the regional aquifer, to identify specific
water use management and conservation measures to facilitate
the achievement of such goals, and to identify impediments
in current Federal, State, and local laws that hinder efforts
on the part of the Partnership to mitigate water usage in
order to restore and maintain the sustainable yield of the
regional aquifer by and after September 30, 2011.
(3) REPORT ELEMENTS.—The report shall use data from
existing and ongoing studies and include the following elements:
(A) The net quantity of water withdrawn from and
recharged to the regional aquifer in the one-year period
preceding the date of the submission of the report.
(B) The quantity of the overdraft of the regional aquifer
to be reduced by the end of each of fiscal years 2005
through 2011 to achieve sustainable yield.
(C) With respect to the reduction of overdraft for each
fiscal year as specified under subparagraph (B), an alloca-
tion of responsibility for the achievement of such reduction
among the water-use controlling members of the Partner-
ship who have the authority to implement measures to
achieve such reduction.
(D) The water use management and conservation meas-
ures to be undertaken by each water-use controlling
member of the Partnership to contribute to the reduction
of the overdraft for each fiscal year as specified under
subparagraph (B), and to meet the responsibility of each
such member for each such reduction as allocated under
subparagraph (C), including—
(i) a description of each measure;
(ii) the cost of each measure;
(iii) a schedule for the implementation of each
measure;
(iv) a projection by fiscal year of the amount of
the contribution of each measure to the reduction of
the overdraft; and
(v) a list of existing laws that impede full
implementation of any measure.
(E) The monitoring and verification activities to be
undertaken by the Partnership to measure the reduction
of the overdraft for each fiscal year and the contribution
of each member of the Partnership to the reduction of
the overdraft.
(d) ANNUAL
REPORT
ON
PROGRESS
TOWARD
SUSTAINABLE
YIELD.—
H. R. 1588—48
(1) IN GENERAL.—Not later than October 31, 2005, and
each October 31 thereafter through 2011, the Secretary of the
Interior shall submit, on behalf of the Partnership, to Congress
a report on the progress of the Partnership during the preceding
fiscal year toward achieving and maintaining the sustainable
yield of the regional aquifer by and after September 30, 2011.
(2) REPORT ELEMENTS.—Each report shall include the fol-
lowing:
(A) The quantity of the overdraft of the regional aquifer
reduced during the reporting period, and whether such
reduction met the goal specified for such fiscal year under
subsection (c)(3)(B).
(B) The water use management and conservation meas-
ures undertaken by each water-use controlling member
of the Partnership in the fiscal year covered by such report,
including the extent of the contribution of such measures
to the reduction of the overdraft for such fiscal year.
(C) The legislative accomplishments made during the
fiscal year covered by such report in removing legal impedi-
ments that hinder the mitigation of water use by members
of the Partnership.
(e) VERIFICATION INFORMATION.—Information used to verify
overdraft reductions of the regional aquifer shall include at a min-
imum the following:
(1) The annual report of the Arizona Corporation Commis-
sion on annual groundwater pumpage of the private water
companies in the Sierra Vista Subwatershed.
(2) The San Pedro base flow monitoring record of the
Charleston flow gauge of the United States Geological Survey.
(3) Current surveys of the groundwater levels in area wells
as reported by the Arizona Department of Water Resources
and by Federal agencies.
(f) SENSE OF CONGRESS.—It is the sense of Congress that any
future appropriations to the Partnership should take into account
whether the Partnership has met its annual goals for overdraft
reduction.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘Partnership’’ means the Upper San Pedro
Partnership, Arizona.
(2) The term ‘‘regional aquifer’’ means the Sierra Vista
Subwatershed regional aquifer, Arizona.
(3) The term ‘‘water-use controlling member’’ has the
meaning given that term by the Partnership.
SEC. 322. TASK FORCE ON RESOLUTION OF CONFLICT BETWEEN MILI-
TARY TRAINING AND ENDANGERED SPECIES PROTEC-
TION AT BARRY M. GOLDWATER RANGE, ARIZONA.
(a) TASK FORCE.—The Secretary of Defense shall establish a
task force to determine and assess various means of resolving
the conflict between the dual objectives at Barry M. Goldwater
Range, Arizona, of the full utilization of live ordnance delivery
areas for military training and the protection of endangered species
that are present at Barry M. Goldwater Range.
(b) COMPOSITION.—The task force shall be composed of the
following members:
(1) The Air Force range officer, who shall serve as chair-
person of the task force.
H. R. 1588—49
(2) The range officer at Barry M. Goldwater Range.
(3) The commander of Luke Air Force Base, Arizona.
(4) The commander of Marine Corps Air Station, Yuma,
Arizona.
(5) The Director of the United States Fish and Wildlife
Service.
(6) The manager of the Cabeza Prieta National Wildlife
Refuge, Arizona.
(7) A representative of the Department of Game and Fish
of the State of Arizona, selected by the Secretary in consultation
with the Governor of the State of Arizona.
(8) A representative of a wildlife interest group in the
State of Arizona, selected by the Secretary in consultation
with wildlife interest groups in the State of Arizona.
(9) A representative of an environmental interest group
(other than a wildlife interest group) in the State of Arizona,
as selected by the Secretary in consultation with environmental
interest groups in the State of Arizona.
(c) DUTIES.—The task force shall—
(1) assess the effects of the presence of endangered species
on military training activities in the live ordnance delivery
areas at Barry M. Goldwater Range and in any other areas
of the range that are adversely effected by the presence of
endangered species;
(2) determine various means of addressing any significant
adverse effects on military training activities on Barry M. Gold-
water Range that are identified pursuant to paragraph (1);
and
(3) determine the benefits and costs associated with the
implementation of each means identified under paragraph (2).
(d) USE OF EXPERTS.—The chairperson of the task force may
secure for the task force the services of such experts with respect
to the duties of the task force as the chairperson considers advisable
to carry out such duties.
(e) REPORT.—Not later than February 28, 2005, the task force
shall submit to Congress a report containing—
(1) a description of the assessments and determinations
made under subsection (c);
(2) such recommendations for legislative and administrative
action as the task force considers appropriate; and
(3) an evaluation of the utility of task force proceedings
as a means of resolving conflicts between military training
objectives and protection of endangered species at other military
training and testing ranges.
SEC. 323. PUBLIC HEALTH ASSESSMENT OF EXPOSURE TO PER-
CHLORATE.
(a) EPIDEMIOLOGICAL STUDY OF EXPOSURE TO PERCHLORATE.—
The Secretary of Defense shall provide for an independent
epidemiological study of exposure to perchlorate in drinking water.
The entity conducting the study shall—
(1) assess the incidence of thyroid disease and measurable
effects of thyroid function in relation to exposure to perchlorate;
(2) ensure that the study is of sufficient scope and scale
to permit the making of meaningful conclusions of the measur-
able public health threat associated with exposure to per-
chlorate, especially the threat to sensitive subpopulations; and
H. R. 1588—50
(3) examine thyroid function, including measurements of
urinary iodine and thyroid hormone levels, in a sufficient
number of pregnant women, neonates, and infants exposed
to perchlorate in drinking water and match measurements
of perchlorate levels in the drinking water of each study partici-
pant in order to permit the development of meaningful conclu-
sions on the public health threat to individuals exposed to
perchlorate.
(b) REVIEW
OF
EFFECTS
OF
PERCHLORATE
ON
ENDOCRINE
SYSTEM.—The Secretary shall provide for an independent review
of the effects of perchlorate on the human endocrine system. The
entity conducting the review shall assess—
(1) available data on human exposure to perchlorate,
including clinical data and data on exposure of sensitive sub-
populations, and the levels at which health effects were
observed; and
(2) available data on other substances that have endocrine
effects similar to perchlorate to which the public is frequently
exposed.
(c) PERFORMANCE OF STUDY AND REVIEW.—(1) The Secretary
shall provide for the performance of the study under subsection
(a) through the Centers for Disease Control and Prevention, the
National Institutes of Health, or another Federal entity with experi-
ence in environmental toxicology selected by the Secretary.
(2) The Secretary shall provide for the performance of the
review under subsection (b) through the Centers for Disease Control
and Prevention, the National Institutes of Health, or another appro-
priate Federal research entity with experience in human endocri-
nology selected by the Secretary. The Secretary shall ensure that
the panel conducting the review is composed of individuals with
expertise in human endocrinology.
(d) REPORTING REQUIREMENTS.—Not later than June 1, 2005,
the Federal entities conducting the study and review under this
section shall submit to the Secretary reports containing the results
of the study and review.
SEC. 324. COMPTROLLER GENERAL REVIEW OF ARCTIC MILITARY
ENVIRONMENTAL COOPERATION PROGRAM.
(a) REQUIREMENT FOR REVIEW.—The Comptroller General shall
conduct a review of the Arctic Military Environmental Cooperation
program, including—
(1) the current and proposed technology development and
demonstration role of the program in United States non-
proliferation efforts; and
(2) the relationship of the program to the Cooperative
Threat Reduction Program specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) ELEMENTS OF REVIEW.—The review shall include an assess-
ment of the following:
(1) Whether the conditions in the Western Pacific region
require an expansion of the Arctic Military Environmental
Cooperation program to include that region.
(2) The extent to which foreign countries, including Russia,
make financial contributions to the program.
(3) The extent to which the Cooperative Threat Reduction
Program and the G–8 Global Partnership Against the Spread
H. R. 1588—51
of Weapons and Materials of Mass Destruction Initiative use
the program.
(4) Whether the program is important to the disarmament
and nonproliferation functions of the Cooperative Threat Reduc-
tion Program.
(5) Future-year funding and program plans of the Depart-
ment of Defense for the program.
(c) REPORT ON REVIEW.—Not later than May 1, 2004, the Comp-
troller General shall submit to Congress a report containing the
results of the review.
Subtitle C—Workplace and Depot Issues
SEC. 331. EXEMPTION OF CERTAIN FIREFIGHTING SERVICE CON-
TRACTS 
FROM 
PROHIBITION 
ON 
CONTRACTS 
FOR
PERFORMANCE OF FIREFIGHTING FUNCTIONS.
(a) ADDITIONAL EXEMPTION.—Section 2465(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
‘‘(4) A contract for the performance of firefighting functions
if the contract is—
‘‘(A) for a period of one year or less; and
‘‘(B) covers only the performance of firefighting func-
tions that, in the absence of the contract, would have
to be performed by members of the armed forces who
are not readily available to perform such functions by rea-
son of a deployment.’’.
(b) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) by striking ‘‘apply—’’ and inserting ‘‘apply to the fol-
lowing contracts:’’;
(2) by striking ‘‘to a’’ at the beginning of paragraphs (1),
(2), and (3) and inserting ‘‘A’’;
(3) by striking the semicolon at the end of paragraph (1)
and inserting a period; and
(4) by striking ‘‘; or’’ at the end of paragraph (2) and
inserting a period.
SEC. 332. TECHNICAL AMENDMENT RELATING TO CLOSURE OF SAC-
RAMENTO ARMY DEPOT, CALIFORNIA.
Section 2466 of title 10, United States Code, is amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 333. EXCEPTION TO COMPETITION REQUIREMENT FOR DEPOT-
LEVEL MAINTENANCE AND REPAIR WORKLOADS PER-
FORMED BY DEPOT-LEVEL ACTIVITIES.
Section 2469 of title 10, United States Code, is amended—
(1) in subsection (b), by striking ‘‘Subsection’’ and inserting
‘‘Except as provided in subsection (c), subsection’’;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) EXCEPTION
FOR
PUBLIC-PRIVATE
PARTNERSHIPS.—The
requirements of subsection (a) may be waived in the case of a
depot-level maintenance and repair workload that is performed
at a Center of Industrial and Technical Excellence designated under
H. R. 1588—52
subsection (a) of section 2474 of this title by a public-private part-
nership entered into under subsection (b) of such section consisting
of a depot-level activity and a private entity.’’.
SEC. 334. RESOURCES-BASED SCHEDULES FOR COMPLETION OF
PUBLIC-PRIVATE COMPETITIONS FOR PERFORMANCE OF
DEPARTMENT OF DEFENSE FUNCTIONS.
(a) APPLICATION OF TIMEFRAMES.—Any interim or final deadline
or other schedule-related milestone for the completion of a Depart-
ment of Defense public-private competition shall be established
solely on the basis of considered research and sound analysis
regarding the availability of sufficient personnel, training, and tech-
nical resources to the Department of Defense to carry out such
competition in a timely manner.
(b) EXTENSION OF TIMEFRAMES.—(1) The Department of Defense
official responsible for managing a Department of Defense public-
private competition shall extend any interim or final deadline or
other schedule-related milestone established (consistent with sub-
section (a)) for the completion of the competition if the official
determines that the personnel, training, or technical resources avail-
able to the Department of Defense to carry out the competition
in a timely manner are insufficient.
(2) A determination under this subsection shall be made pursu-
ant to procedures prescribed by the Secretary of Defense.
SEC. 335. DELAYED IMPLEMENTATION OF REVISED OFFICE OF
MANAGEMENT AND BUDGET CIRCULAR A–76 BY DEPART-
MENT OF DEFENSE PENDING REPORT.
(a) LIMITATION PENDING REPORT.—No studies or competitions
may be conducted under the policies and procedures contained
in the revised Office of Management and Budget Circular A–76
dated May 29, 2003 (68 Fed. Reg. 32134), relating to the possible
contracting out of commercial activities being performed, as of such
date, by employees of the Department of Defense, until the end
of the 45-day period beginning on the date on which the Secretary
of Defense submits to Congress a report on the effects of the
revisions.
(b) CONTENT OF REPORT.—The report required by subsection
(a) shall contain, at a minimum, specific information regarding
the following:
(1) The extent to which the revised circular will ensure
that employees of the Department of Defense have the oppor-
tunity to compete to retain their jobs.
(2) The extent to which the revised circular will provide
appeal and protest rights to employees of the Department of
Defense.
(3) Identify safeguards in the revised circular to ensure
that all public-private competitions are fair, appropriate, and
comply with requirements of full and open competition.
(4) The plans of the Department to ensure an appropriate
phase-in period for the revised circular, as recommended by
the Commercial Activities Panel of the Government Accounting
Office in its April 2002 report to Congress, including rec-
ommendations for any legislative changes that may be required
to ensure a smooth and efficient phase-in period.
(5) The plans of the Department to provide training to
employees of the Department of Defense regarding the revised
circular, including how the training will be funded, how
H. R. 1588—53
employees will be selected to receive the training, and the
number of employees likely to receive the training.
(6) The plans of the Department to collect and analyze
data on the costs and quality of work contracted out or retained
in-house as a result of a sourcing process conducted under
the revised circular.
SEC. 336. PILOT PROGRAM FOR BEST-VALUE SOURCE SELECTION FOR
PERFORMANCE OF INFORMATION TECHNOLOGY SERV-
ICES.
(a) AUTHORITY TO USE BEST-VALUE CRITERION.—The Secretary
of Defense may carry out a pilot program for the procurement
of information technology services for the Department of Defense
that uses a best-value criterion in the selection of the source for
the performance of the information technology services.
(b) REQUIRED EXAMINATION UNDER PILOT PROJECT.—Under the
pilot program, the Secretary of Defense shall modify the examina-
tion otherwise required by section 2461(b)(3)(A) of title 10, United
States Code, to be an examination of the performance of an informa-
tion technology services function by Department of Defense civilian
employees and by one or more private contractors to demonstrate
whether—
(1) a change to performance by the private sector will
result in the best value to the Government over the life of
the contract, as determined in accordance with the competition
requirements of Office of Management and Budget Circular
A–76; and
(2) certain benefits exist, in addition to price, that warrant
performance of the function by a private sector source at a
cost higher than that of performance by Department of Defense
civilian employees.
(c) EXEMPTION FOR PILOT PROGRAM.—Section 2462(a) of title
10, United States Code, does not apply to the procurement of
information technology services under the pilot program.
(d) DURATION OF PILOT PROGRAM.—(1) The authority to carry
out the pilot program begins on the date on which the Secretary
of Defense submits to Congress the report on the effect of the
recent revisions to Office of Management and Budget Circular A–
76, as required by section 335 of this Act, and expires on September
30, 2008.
(2) The expiration of the pilot program shall not affect the
selection of the source for the performance of an information tech-
nology services function for the Department of Defense for which
the analysis required by section 2461(b)(3) of title 10, United States
Code, has been commenced before the expiration date or for which
a solicitation has been issued before the expiration date.
(e) GAO REVIEW.—Not later than February 1, 2008, the Comp-
troller General shall submit to Congress a report containing—
(1) a review of the pilot program to assess the extent
to which the pilot program is effective and is equitable for
the potential public sources and the potential private sources
of information technology services for the Department of
Defense; and
(2) any other conclusions of the Comptroller General
resulting from the review.
(f) INFORMATION TECHNOLOGY SERVICE DEFINED.—In this sec-
tion, the term ‘‘information technology service’’ means any service
H. R. 1588—54
performed in the operation or maintenance of information tech-
nology (as defined in section 11101 of title 40, United States Code)
that is necessary for or beneficial to the accomplishment of the
authorized functions of the Department of Defense (other than
functions which the Secretary of Defense determines must be per-
formed by military or Government personnel).
SEC. 337. HIGH-PERFORMING ORGANIZATION BUSINESS PROCESS RE-
ENGINEERING PILOT PROGRAM.
(a) PILOT PROGRAM.—The Secretary of Defense shall establish
a pilot program under which the Secretary concerned shall create,
or continue the implementation of, high-performing organizations
through the conduct of a Business Process Reengineering initiative
at selected military installations and facilities under the jurisdiction
of the Secretary concerned.
(b) EFFECT OF PARTICIPATION IN PILOT PROGRAM.—(1) During
the period of an organization’s participation in the pilot program,
including the periods referred to in paragraphs (2) and (3) of sub-
section (f), the Secretary concerned may not require the organization
to undergo any Office of Management and Budget Circular A–
76 competition or other public-private competition involving any
function of the organization covered by the Business Process Re-
engineering initiative. The organization may elect to undergo such
a competition as part of the initiative.
(2) Civilian employee or military personnel positions of the
participating organization that are part of the Business Process
Reengineering initiative shall be counted toward any numerical
goals, target, or quota that the Secretary concerned is required
or requested to meet during the term of the pilot program regarding
the number of positions to be covered by public-private competitions.
(c) ELIGIBLE ORGANIZATIONS.—Subject to subsection (d), the
Secretary concerned may select two types of organizations to partici-
pate in the pilot program:
(1) Organizations that underwent a Business Process Re-
engineering initiative within the preceding five years, achieved
major performance enhancements under the initiative, and will
be able to sustain 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 initia-
tive, but which propose to achieve, and reasonably could reach,
enhanced performance goals through implementation of a Busi-
ness Process Reengineering initiative.
(d) ADDITIONAL ELIGIBILITY REQUIREMENTS.—(1) To be eligible
for selection to participate in the pilot program under subsection
(c)(1), an organization described in such subsection shall dem-
onstrate, to the satisfaction of the Secretary concerned, the comple-
tion of a total organizational assessment that resulted in enhanced
performance measures at least comparable to those performance
measures that might be achieved through competitive sourcing.
(2) To be eligible for selection to participate in the pilot program
under subsection (c)(2), an organization described in such subsection
shall identify, to the satisfaction of the Secretary concerned—
(A) functions, processes, and measures to be studied under
the Business Process Reengineering initiative;
H. R. 1588—55
(B) adequate resources to carry out the Business Process
Reengineering initiative; and
(C) labor-management agreements in place to ensure effec-
tive implementation of the Business Process Reengineering ini-
tiative.
(e) LIMITATION ON NUMBER OF PARTICIPANTS.—Total partici-
pants in the pilot program is limited to eight military installations
and facilities, with some participants to be drawn from organiza-
tions described in subsection (c)(1) and some participants to be
drawn from organizations described in subsection (c)(2).
(f) IMPLEMENTATION AND DURATION.—(1) The implementation
and management of a Business Process Reengineering initiative
under the pilot program shall be the responsibility of the com-
mander of the military installation or facility at which the Business
Process Reengineering initiative is carried out.
(2) An organization selected to participate in the pilot program
shall be given a reasonable initial period, to be determined by
the Secretary concerned, in which the organization must implement
the Business Process Reengineering initiative. At the end of this
period, the Secretary concerned shall determine whether the
organization has achieved initial progress toward designation as
a high-performing organization. In the absence of such progress,
the Secretary concerned shall terminate the organization’s partici-
pation in the pilot program.
(3) If an organization successfully completes implementation
of the Business Process Reengineering initiative under paragraph
(2), the Secretary concerned shall designate the organization as
a high-performing organization and grant the organization an addi-
tional five-year period in which to achieve projected or planned
efficiencies and savings under the pilot program.
(g) REVIEWS AND REPORTS.—The Secretary concerned shall con-
duct annual performance reviews of the participating organizations
or functions under the jurisdiction of the Secretary concerned.
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.
(h) PERFORMANCE MEASURES.—Performance measures utilized
in the pilot program should include the following, which shall
be measured against organizational baselines determined before
participation in the pilot program:
(1) Costs, savings, and overall financial performance of
the organization.
(2) Organic knowledge, skills or expertise.
(3) Efficiency and effectiveness of key functions or proc-
esses.
(4) Efficiency and effectiveness of the overall organization.
(5) General customer satisfaction.
(i) DEFINITIONS.—In this section
(1) The term ‘‘Business Process Reengineering’’ refers to
an organization’s complete and thorough analysis and re-
engineering of mission and support functions and processes
to achieve improvements in performance, including a funda-
mental reshaping of the way work is done to better support
an organization’s mission and reduce costs.
H. R. 1588—56
(2) The term ‘‘high-performing organization’’ means an
organization whose performance exceeds that of comparable
providers, whether public or private.
(3) The term ‘‘Secretary concerned’’ means the Secretary
of a military department and the Secretary of Defense, with
respect to matters concerning the Defense Agencies.
SEC. 338. NAVAL AVIATION DEPOTS MULTI-TRADES DEMONSTRATION
PROJECT.
(a) DEMONSTRATION PROJECT REQUIRED.—In accordance with
section 4703 of title 5, United States Code, the Secretary of the
Navy shall carry out a demonstration project under which three
Naval Aviation Depots are given the flexibility to promote by one
grade level workers who are certified at the journey level as able
to perform multiple trades.
(b) SELECTION REQUIREMENTS.—As a condition on eligibility
for selection to participate in the demonstration project, the head
of a Naval Aviation Depot shall submit to the Secretary a business
case analysis and concept plan—
(1) that, on the basis of the results of analysis of work
processes, demonstrate that process improvements would result
from the trade combinations proposed to be implemented under
the demonstration project; and
(2) that describes the improvements in cost, quality, or
schedule of work that are anticipated to result from the partici-
pation in the demonstration project.
(c) PARTICIPATING WORKERS.—(1) Actual worker participation
in the demonstration project shall be determined through competi-
tive selection. Not more than 15 percent of the wage grade journey-
man at a demonstration project location may be selected to partici-
pate.
(2) Job descriptions and competency-based training plans must
be developed for each worker while in training under the demonstra-
tion project and once certified as a multi-trade worker. A certified
multi-trade worker who receives a pay grade promotion under the
demonstration project must use each new skill during at least
25 percent of the worker’s work year.
(d) FUNDING
SOURCE.—Appropriations 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 demonstration project, including the source of
funds for pay increases made under the project.
(e) DURATION.—The demonstration project shall be conducted
during fiscal years 2004 through 2006.
(f) REPORT.—Not later than January 15, 2007, the Secretary
shall submit a report to Congress describing the results of the
demonstration project.
(g) GAO EVALUATION.—The Secretary shall transmit a copy
of the report to the Comptroller General. Within 90 days after
receiving the report, the Comptroller General shall submit to Con-
gress an evaluation of the report.
H. R. 1588—57
Subtitle D—Other Matters
SEC. 341. CATALOGING AND STANDARDIZATION FOR DEFENSE SUPPLY
MANAGEMENT.
Section 2451 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d) The Secretary shall coordinate with the Administrator of
General Services to enable the use of commercial identifiers for
commercial items within the Federal cataloging system.’’.
SEC. 342. SALE OF DEFENSE INFORMATION SYSTEMS AGENCY SERV-
ICES TO CONTRACTORS PERFORMING THE NAVY-MARINE
CORPS INTRANET CONTRACT.
(a) AUTHORITY.—The Secretary of Defense may sell working-
capital funded services of the Defense Information Systems Agency
to a person outside the Department of Defense for use by that
person in the performance of the Navy-Marine Corps Intranet con-
tract.
(b) REIMBURSEMENT.—The Secretary shall require reimburse-
ment of each working-capital fund for the costs of services sold
under subsection (a) that were paid for out of such fund. The
sources of the reimbursement shall be the appropriation or appro-
priations funding the Navy-Marine Corps Intranet contract or any
cash payments received by the Secretary for the services.
(c) NAVY-MARINE CORPS INTRANET CONTRACT DEFINED.—In this
section, the term ‘‘Navy-Marine Corps Intranet contract’’ has the
meaning given such term in section 814 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398 (114 Stat. 1654A–217)).
SEC. 343. PERMANENT AUTHORITY FOR PURCHASE OF CERTAIN
MUNICIPAL SERVICES AT INSTALLATIONS IN MONTEREY
COUNTY, CALIFORNIA.
(a) AUTHORITY.—Subject to section 2465 of title 10, United
States Code, 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.
(c) REPEAL OF EXISTING TEMPORARY AUTHORITY.—Section 816
of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103–337; 108 Stat. 2820) is repealed.
SEC. 344. DEPARTMENT OF DEFENSE TELECOMMUNICATIONS BEN-
EFIT.
(a) PROVISION OF PREPAID PHONE CARDS.—As soon as possible
after the date of the enactment of this Act, the Secretary of Defense
shall provide, wherever practicable, prepaid phone cards, or an
equivalent telecommunications benefit which includes access to tele-
phone service, to members of the Armed Forces stationed outside
the United States who (as determined by the Secretary) are eligible
for combat zone tax exclusion benefits due to their service in direct
support of Operation Enduring Freedom and Operation Iraqi
Freedom to enable those members to make telephone calls without
cost to the member.
(b) MONTHLY BENEFIT.—The value of the benefit provided under
subsection (a) to any member in any month, to the extent the
H. R. 1588—58
benefit is provided from amounts available to the Department of
Defense, may not exceed—
(1) $40; or
(2) 120 calling minutes, if the cost to the Department
of Defense of providing such number of calling minutes is
less than the amount specified in paragraph (1).
(c) END OF PROGRAM.—The program established by subsection
(a) shall terminate on September 30, 2004.
(d) FUNDING.—(1)(A) In carrying out the program under this
section, the Secretary shall maximize the use of existing Depart-
ment of Defense telecommunications programs and capabilities,
free or reduced-cost services of private sector entities, and programs
to enhance morale and welfare.
(B) The Secretary may not award a contract to a commercial
firm for the purposes of subparagraph (A) other than through
the use of competitive procedures.
(2) The Secretary may accept gifts and donations in order
to defray the costs of the program under this section. Such gifts
and donations may be accepted from—
(A) any foreign government;
(B) any foundation or other charitable organization,
including any that is organized or operates under the laws
of a foreign country; and
(C) any source in the private sector of the United States
or a foreign country.
(e) DEPLOYMENT OF ADDITIONAL TELEPHONE EQUIPMENT.—If
the Secretary of Defense determines that, in order to implement
this section as quickly as practicable, it is necessary to provide
additional telephones in any area to facilitate telephone calling
for which benefits are provided under this section, the Secretary
may, consistent with the availability of resources, award competi-
tively bid contracts to one or more commercial entities for the
provision and installation of telephones in that area.
(f) NO COMPROMISE OF MILITARY MISSION.—The Secretary of
Defense should not take any action under this section that would
compromise the military objectives or mission of the Department
of Defense.
SEC. 345. INDEPENDENT ASSESSMENT OF MATERIAL CONDITION OF
THE KC–135 AERIAL REFUELING FLEET.
Not later than May 1, 2004, the Secretary of Defense shall
submit to the congressional defense committees an assessment,
conducted by an entity outside of the Department of Defense, of
the material condition of the fleet of KC–135 aerial refueling aircraft
of the Air Force. The assessment shall include the following:
(1) Trend analysis for operational readiness for KC–135E
and KC–135R aircraft from fiscal year 1996 through fiscal
year 2003.
(2) Trend analysis for the number of manhours of organiza-
tional-level and depot-level maintenance required for KC–135E
and KC–135R aircraft from fiscal year 1996 through fiscal
year 2003, setting forth separately the manhours required for
control and treatment of corrosion.
(3) The number of KC–135E and KC–135R aircraft
grounded due to corrosion for each year, and the length of
time each aircraft was grounded pending corrosion repair, based
H. R. 1588—59
on maintenance conducted from fiscal year 1996 through fiscal
year 2003.
(4) An itemization of improved corrosion repair processes
for KC–135E and KC–135R aircraft used between fiscal year
1996 and fiscal year 2003 which resulted in a decrease in
the number of manhours required for control and treatment
of corrosion.
(5) An analysis of the relationship between manhours for
corrosion repair as set forth under paragraph (2) and the proc-
esses set forth under paragraph (4).
(6) An analysis of major structural repairs required due
to corrosion for KC–135E and KC–135R aircraft annually from
fiscal year 1996 through fiscal year 2003.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Personnel strength authorization and accounting process.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2004 limitations on non-dual status technicians.
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.
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, 482,400.
(2) The Navy, 373,800.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,300.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
as follows:
(1) ARMY.—Paragraph (1) is amended by striking ‘‘480,000’’
and inserting ‘‘482,400’’.
(2) NAVY.—Paragraph (2) is amended by striking ‘‘375,700’’
and inserting ‘‘373,800’’.
(3) AIR
FORCE.—Paragraph (4) is amended by striking
‘‘359,000’’ and inserting ‘‘359,300’’.
SEC. 403. PERSONNEL STRENGTH AUTHORIZATION AND ACCOUNTING
PROCESS.
(a) QUARTERLY STRENGTH LEVELS.—Section 115 of title 10,
United States Code, is amended—
H. R. 1588—60
(1) by redesignating subsections (c), (e), and (g) as sub-
sections (e), (g), and (c), respectively, and by transferring—
(A) subsection (e), as so redesignated, so as to appear
after subsection (d);
(B) subsection (g), as so redesignated, so as to appear
after subsection (f); and
(C) subsection (c), as so redesignated, so as to appear
after subsection (b);
(2) by transferring subsection (d) to the end of such section
and redesignating that subsection as subsection (h); and
(3) by inserting after subsection (c), as redesignated and
transferred by paragraph (1), the following new subsection (d):
‘‘(d) END-OF-QUARTER STRENGTH LEVELS.—(1) The Secretary
of Defense shall prescribe and include in the budget justification
documents submitted to Congress in support of the President’s
budget for the Department of Defense for any fiscal year the Sec-
retary’s proposed end-of-quarter strengths for each of the first three
quarters of the fiscal year for which the budget is submitted, in
addition to the Secretary’s proposed fiscal-year end-strengths for
that fiscal year. Such end-of-quarter strengths shall be submitted
for each category of personnel for which end strengths are required
to be authorized by law under subsection (a) or (c). The Secretary
shall ensure that resources are provided in the budget at a level
sufficient to support the end-of-quarter and fiscal-year end-
strengths as submitted.
‘‘(2)(A) After annual end-strength levels required by subsections
(a) and (c) are authorized by law for a fiscal year, the Secretary
of Defense shall promptly prescribe end-of-quarter strength levels
for the first three quarters of that fiscal year applicable to each
such end-strength level. Such end-of-quarter strength levels shall
be established for any fiscal year as levels to be achieved in meeting
each of those annual end-strength levels authorized by law in
accordance with subsection (a) (as such levels may be adjusted
pursuant to subsection (e)) and subsection (c).
‘‘(B) At least annually, the Secretary of Defense shall establish
for each of the armed forces (other than the Coast Guard) the
maximum permissible variance of actual strength for an armed
force at the end of any given quarter from the end-of-quarter
strength established pursuant to subparagraph (A). Such variance
shall be such that it promotes the maintaining of the strength
necessary to achieve the end-strength levels authorized in accord-
ance with subsection (a) (as adjusted pursuant to subsection (e))
and subsection (c).
‘‘(3) Whenever the Secretary establishes an end-of-quarter
strength level under subparagraph (A) of paragraph (2), or modifies
a strength level under the authority provided in subparagraph
(B) of paragraph (2), the Secretary shall notify the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives of that strength level
or of that modification, as the case may be.’’.
(b) CONFORMING AND STYLISTIC AMENDMENTS.—Such section
is further amended—
(1) in subsection (a), by inserting ‘‘ACTIVE-DUTY
AND
SELECTED RESERVE END STRENGTHS TO BE AUTHORIZED BY
LAW.—’’ after ‘‘(a)’’;
(2) 
in 
subsection 
(b), 
by 
inserting 
‘‘LIMITATION
ON APPROPRIATIONS FOR MILITARY PERSONNEL.—’’ after ‘‘(b)’’;
H. R. 1588—61
(3) in subsection (c), as redesignated and transferred by
subsection (a)(1), by inserting ‘‘MILITARY TECHNICIAN (DUAL
STATUS) END STRENGTHS TO BE AUTHORIZED BY LAW.—’’ after
‘‘(c)’’;
(4) in subsection (e), as redesignated and transferred by
subsection (a)(1), by inserting ‘‘AUTHORITY FOR SECRETARY OF
DEFENSE VARIANCES FOR ACTIVE-DUTY AND SELECTED RESERVE
END STRENGTHS.—’’ after ‘‘(e)’’;
(5) in subsection (f)—
(A) by inserting ‘‘AUTHORITY FOR SERVICE SECRETARY
VARIANCES
FOR ACTIVE-DUTY END STRENGTHS.—’’ after
‘‘(f)’’; and
(B) in paragraph (2), by striking ‘‘subsection (c)(1)’’
and inserting ‘‘subsection (e)(1)’’;
(6) in subsection (g), as redesignated and transferred by
subsection (a)(1), by inserting ‘‘ADJUSTMENT WHEN COAST
GUARD
IS OPERATING
AS
A SERVICE
IN
THE NAVY.—’’ after
‘‘(g)’’; and
(7) in subsection (h), as redesignated and transferred by
subsection (a)(2), by inserting ‘‘CERTAIN ACTIVE-DUTY PER-
SONNEL EXCLUDED FROM COUNTING
FOR ACTIVE-DUTY END
STRENGTHS.—’’ after ‘‘(h)’’.
(c) CROSS REFERENCE AMENDMENTS.—Section 10216 of such
title is amended by striking ‘‘section 115(g)’’ each place it appears
and inserting ‘‘section 115(c)’’.
(d) EFFECTIVE DATE.—Subsection (d) of section 115 of title
10, United States Code, as added by subsection (a)(3), shall apply
with respect to the budget request for fiscal year 2005 and there-
after.
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.
(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, 107,030.
(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 component shall be
proportionately reduced by—
(1) the total authorized strength of units organized 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 participation in training) without their
consent at the end of the fiscal year.
H. R. 1588—62
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength prescribed
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be proportionately 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 SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2004, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 25,599.
(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, 12,191.
(6) The Air Force Reserve, 1,660.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status)
as of the last day of fiscal year 2004 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army Reserve, 6,949.
(2) For the Army National Guard of the United States,
24,589.
(3) For the Air Force Reserve, 9,991.
(4) For the Air National Guard of the United States, 22,806.
SEC. 414. FISCAL YEAR 2004 LIMITATIONS ON NON-DUAL STATUS
TECHNICIANS.
(a) LIMITATIONS.—(1) Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-
dual status technicians employed by the National Guard as of
September 30, 2004, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by
the Army Reserve as of September 30, 2004, may not exceed 910.
(3) The number of non-dual status technicians employed by
the Air Force Reserve as of September 30, 2004, may not exceed
90.
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section,
the term ‘‘non-dual status technician’’ has the meaning given that
term in section 10217(a) of title 10, United States Code.
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 exceed 175’’ and
inserting ‘‘may not exceed 595 and by the Air Force Reserve may
not exceed 90’’.
H. R. 1588—63
Subtitle C—Authorizations of
Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 2004 a total
of $98,908,400,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2004.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
2004 from the Armed Forces Retirement Home Trust Fund the
sum of $65,279,000 for the operation of the Armed Forces Retire-
ment Home.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Matters
Sec. 501. Standardization of qualifications for appointment as service chief.
Sec. 502. Eligibility for appointment as Chief of Army Veterinary Corps.
Sec. 503. Repeal of required grade of defense attache´ in France.
Sec. 504. Repeal of termination provisions for certain authorities relating to man-
agement of general and flag officers in certain grades.
Sec. 505. Retention of health professions officers to fulfill active-duty service com-
mitments following promotion nonselection.
Sec. 506. Permanent authority to reduce three-year time-in-grade requirement for
retirement in grade for officers in grades above major and lieutenant
commander.
Sec. 507. Contingent exclusion from officer strength and distribution-in-grade limi-
tations for officer serving as Associate Director of Central Intelligence
for Military Support.
Sec. 508. Reappointment of incumbent Chief of Naval Operations.
Sec. 509. Secretary of Defense approval required for practice of wearing uniform in-
signia of higher grade known as ‘‘frocking’’.
Subtitle B—Reserve Component Matters
Sec. 511. Streamlined process for continuation of officers on the Reserve Active-Sta-
tus List.
Sec. 512. Consideration of Reserve officers for position vacancy promotions in time
of war or national emergency.
Sec. 513. Authority for delegation of required secretarial special finding for place-
ment of certain retired members in Ready Reserve.
Sec. 514. Authority to provide expenses of Army and Air Staff personnel and Na-
tional Guard Bureau personnel attending national conventions of cer-
tain military associations.
Sec. 515. Expanded authority for use of Ready Reserve in response to terrorism.
Sec. 516. National Guard officers on active duty in command of National Guard
units.
Sec. 517. Presidential report on mobilization of reserve component personnel and
Secretary of Defense assessment.
Sec. 518. Authority for the use of operation and maintenance funds for promotional
activities of the National Committee for Employer Support of the Guard
and Reserve.
Subtitle C—ROTC and Military Service Academies
Sec. 521. Expanded educational assistance authority for cadets and midshipmen re-
ceiving ROTC scholarships.
Sec. 522. Increase in allocation of scholarships under Army Reserve ROTC scholar-
ship program to students at military junior colleges.
Sec. 523. Authority for nonscholarship senior ROTC sophomores to voluntarily con-
tract for and receive subsistence allowance.
H. R. 1588—64
Sec. 524. Appointments to military service academies from nominations made by
delegates from Guam, Virgin Islands, and American Samoa.
Sec. 525. Readmission to service academies of certain former cadets and mid-
shipmen.
Sec. 526. Defense task force on sexual harassment and violence at the military
service academies.
Sec. 527. Actions to address sexual harassment and violence at the service acad-
emies.
Sec. 528. Study and report related to permanent professors at the United States
Air Force Academy.
Sec. 529. Dean of the faculty of the United States Air Force Academy.
Subtitle D—Other Military Education and Training Matters
Sec. 531. Authority for the Marine Corps University to award the degree of Master
of Operational Studies.
Sec. 532. Authorization for Naval Postgraduate School to provide instruction to en-
listed members participating in certain programs.
Sec. 533. Cost reimbursement requirements for personnel receiving instruction at
the Air Force Institute of Technology
Sec. 534. Inclusion of accrued interest in amounts that may be repaid under Se-
lected Reserve critical specialties education loan repayment program.
Sec. 535. Funding of education assistance enlistment incentives to facilitate na-
tional service through Department of Defense Education Benefits Fund.
Sec. 536. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 537. Impact aid eligibility for heavily impacted local educational agencies af-
fected by privatization of military housing.
Subtitle E—Administrative Matters
Sec. 541. High-tempo personnel management and allowance.
Sec. 542. Enhanced retention of accumulated leave for high-deployment members.
Sec. 543. Standardization of statutory authorities for exemptions from requirement
for access to secondary schools by military recruiters.
Sec. 544. Procedures for consideration of applications for award of the Purple Heart
medal to veterans held as prisoners of war before April 25, 1962.
Sec. 545. Authority for Reserve and retired regular officers to hold State and local
office notwithstanding call to active duty.
Sec. 546. Policy on public identification of casualties.
Sec. 547. Space personnel career fields.
Sec. 548. Department of Defense Joint Advertising, Market Research, and Studies
program.
Sec. 549. Limitation on force structure reductions in Naval and Marine Corps Re-
serve aviation squadrons.
Subtitle F—Military Justice Matters
Sec. 551. Extended limitation period for prosecution of child abuse cases in courts-
martial.
Sec. 552. Clarification of blood alcohol content limit for the offense under the Uni-
form Code of Military Justice of drunken operation of a vehicle, aircraft,
or vessel.
Subtitle G—Benefits
Sec. 561. Additional classes of individuals eligible to participate in the Federal
long-term care insurance program.
Sec. 562. Authority to transport remains of retirees and retiree dependents who die
in military treatment facilities.
Sec. 563. Eligibility for dependents of certain mobilized reservists stationed over-
seas to attend defense dependents schools overseas.
Subtitle H—Domestic Violence
Sec. 571. Travel and transportation for dependents relocating for reasons of per-
sonal safety.
Sec. 572. Commencement and duration of payment of transitional compensation.
Sec. 573. Exceptional eligibility for transitional compensation.
Sec. 574. Types of administrative separations triggering coverage.
Sec. 575. Comptroller General review and report.
Sec. 576. Fatality reviews.
Sec. 577. Sense of Congress.
Subtitle I—Other Matters
Sec. 581. Recognition of military families.
H. R. 1588—65
Sec. 582. Permanent authority for support for certain chaplain-led military family
support programs.
Sec. 583. Department of Defense-Department of Veterans Affairs Joint Executive
Committee.
Sec. 584. Review of the 1991 death of Marine Corps Colonel James E. Sabow.
Sec. 585. Policy on concurrent deployment to combat zones of both military spouses
of military families with minor children.
Sec. 586. Congressional notification of amendment or cancellation of Department of
Defense directive relating to reasonable access to military installations
for certain personal commercial solicitation.
Sec. 587. Study of National Guard Challenge Program.
Sec. 588. Findings and sense of Congress on reward for information leading to reso-
lution of status of members of the Armed Forces who remain unac-
counted for.
Subtitle A—Officer Personnel Matters
SEC. 501. STANDARDIZATION OF QUALIFICATIONS FOR APPOINTMENT
AS SERVICE CHIEF.
(a) CHIEF OF NAVAL OPERATIONS.—Section 5033(a)(1) of title
10, United States Code, is amended by striking ‘‘from officers on
the active-duty list in the line of the Navy who are eligible to
command at sea and who hold the grade of rear admiral or above’’
and inserting ‘‘from the flag officers of the Navy’’.
(b) COMMANDANT OF THE MARINE CORPS.—Section 5043(a)(1)
of title 10, United States Code, is amended by striking ‘‘from officers
on the active-duty list of the Marine Corps not below the grade
of colonel’’ and inserting ‘‘from the general officers of the Marine
Corps’’.
SEC. 502. ELIGIBILITY FOR APPOINTMENT AS CHIEF OF ARMY VETERI-
NARY CORPS.
(a) APPOINTMENT FROM AMONG MEMBERS
OF
THE CORPS.—
Section 3084 of title 10, United States Code, is amended by inserting
after ‘‘The Chief of the Veterinary Corps of the Army’’ the following:
‘‘shall be appointed from among officers of the Veterinary Corps.
The Chief of the Veterinary Corps’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply to appointments of the Chief of the Veterinary Corps
of the Army that are made on or after the date of the enactment
of this Act.
SEC. 503. 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 sections at the
beginning of chapter 41 of such title is amended by striking the
item relating to section 714.
SEC. 504. REPEAL OF TERMINATION PROVISIONS FOR CERTAIN
AUTHORITIES RELATING TO MANAGEMENT OF GENERAL
AND FLAG OFFICERS IN CERTAIN GRADES.
(a) SENIOR JOINT OFFICER POSITIONS.—Section 604 of title 10,
United States Code, is amended by striking subsection (c).
(b) DISTRIBUTION OF OFFICERS ON ACTIVE DUTY IN GENERAL
AND FLAG OFFICER GRADES.—Section 525(b)(5) of such title is
amended by striking subparagraph (C).
H. R. 1588—66
(c) AUTHORIZED STRENGTH FOR GENERAL AND FLAG OFFICERS
ON ACTIVE DUTY.—Section 526(b) of such title is amended by
striking paragraph (3).
SEC. 505. RETENTION OF HEALTH PROFESSIONS OFFICERS TO FUL-
FILL ACTIVE-DUTY SERVICE COMMITMENTS FOLLOWING
PROMOTION NONSELECTION.
(a) IN GENERAL.—Section 632 of title 10, United States Code,
is amended—
(1) in subsection (a)(1), by inserting ‘‘except as provided
in paragraph (3) and in subsection (c),’’ before ‘‘be discharged’’;
and
(2) by adding at the end the following new subsection:
‘‘(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 completed a period of active duty service obliga-
tion 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 dis-
charged under another provision of law.
‘‘(2) The Secretary concerned may waive the applicability of
paragraph (1) to any officer if the Secretary determines that comple-
tion of the active duty service obligation of that officer is not
in the best interest of the service.
‘‘(3) This subsection applies to a medical officer or dental officer
or an officer appointed in a medical skill other than as a medical
officer or dental officer (as defined in regulations prescribed by
the Secretary of Defense).’’.
(b) TECHNICAL AMENDMENTS.—Sections 630(2), 631(a)(3), and
632(a)(3) of such title are amended by 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. 506. PERMANENT AUTHORITY TO REDUCE THREE-YEAR TIME-
IN-GRADE REQUIREMENT FOR RETIREMENT IN GRADE
FOR OFFICERS IN GRADES ABOVE MAJOR AND LIEUTEN-
ANT COMMANDER.
(a) ACTIVE COMPONENT OFFICERS.—Subsection (a)(2)(A) of sec-
tion 1370 of title 10, United States Code, is amended by striking
‘‘in the case of retirements effective during the period beginning
on October 1, 2002, and ending on December 31, 2003’’.
(b) RESERVE COMPONENT OFFICERS.—Subsection (d)(5)(A) of
such section is amended by striking ‘‘2 years’’ and all that follows
and inserting ‘‘two years.’’.
H. R. 1588—67
SEC. 507. CONTINGENT EXCLUSION FROM OFFICER STRENGTH AND
DISTRIBUTION-IN-GRADE LIMITATIONS FOR OFFICER
SERVING AS ASSOCIATE DIRECTOR OF CENTRAL INTEL-
LIGENCE FOR MILITARY SUPPORT.
(a) ASSOCIATE DIRECTOR NOT COUNTED.—Chapter 32 of title
10, United State Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 528. Exclusion: officer serving as Associate Director of
Central Intelligence for Military Support
‘‘(a) When none of the individuals serving in a position specified
in subsection (b) is an officer of the armed forces, an officer of
the armed forces assigned to the position of Associate Director
of Central Intelligence for Military Support, while serving in that
position, shall not be counted against the numbers and percentages
of officers of the grade of that officer authorized for that officer’s
armed force.
‘‘(b) The positions referred to in subsection (a) are the following:
‘‘(1) Director of Central Intelligence.
‘‘(2) Deputy Director of Central Intelligence.
‘‘(3) Deputy Director of Central Intelligence for Community
Management.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘528. Exclusion: Associate Director of Central Intelligence for Military Support.’’.
SEC. 508. REAPPOINTMENT OF INCUMBENT CHIEF OF NAVAL OPER-
ATIONS.
Notwithstanding the provisions of section 5033(a)(1) of title
10, United States Code, the President, by and with the advice
and consent of the Senate, may reappoint the officer serving as
Chief of Naval Operations on October 1, 2003, for an additional
term as Chief of Naval Operations. Such a reappointment shall
be for a term of not more than two years.
SEC. 509. SECRETARY OF DEFENSE APPROVAL REQUIRED FOR PRAC-
TICE OF WEARING UNIFORM INSIGNIA OF HIGHER
GRADE KNOWN AS ‘‘FROCKING’’.
(a) OSD APPROVAL REQUIRED.—Section 777(b) of title 10,
United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) in the case of an officer selected for promotion to
a grade above colonel or, in the case of an officer of the Navy,
a grade above captain—
‘‘(A) authority for that officer to wear the insignia
of that grade has been approved by the Secretary of Defense
(or a civilian officer within the Office of the Secretary
of Defense whose appointment was made with the advice
and consent of the Senate and to whom the Secretary
delegates such approval authority); and
‘‘(B) the Secretary of Defense has submitted to Con-
gress a written notification of the intent to authorize the