datamatters24/research-document-archive huggingface dataset:
236
tion if that Organization or member government’’ and in-
serting ‘‘, to any member of that Organization, or to the 
Governments of Australia, New Zealand, or Japan if that 
Organization, member government, or the Governments of 
Australia, New Zealand, or Japan’’. 
SEC. 1303. ANNUAL ESTIMATE AND JUSTIFICATION FOR 
SALES PROGRAM. 
Section 25(a)(1) (22 U.S.C. 2765(a)(1)) is amended 
by inserting after ‘‘$7,000,000 or more’’ the following ‘‘(or, 
in the case of a member country of the North Atlantic Trea-
ty Organization (NATO), Australia, New Zealand, or 
Japan, $25,000,000 or more)’’. 
SEC. 1304. ADJUSTMENT TO ADVANCE NOTIFICATION RE-
QUIREMENT FOR TRANSFER OF CERTAIN EX-
CESS DEFENSE ARTICLES. 
Section 516(f)(1) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321i) is amended by striking ‘‘significant mili-
tary equipment (as defined in section 47(9) of the Arms 
Export Control Act)’’ and inserting ‘‘major defense equip-
ment (as defined in section 47(6) of the Arms Export Con-
trol Act)’’.
237
Subtitle B—International Military 
Education and Training 
SEC. 1311. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Presi-
dent $91,700,000 for fiscal year 2004 to carry out chapter 
5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2347 et seq.). 
SEC. 1312. ANNUAL FOREIGN MILITARY TRAINING REPORT-
ING. 
Section 656(a)(1) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2416(a)(1)) is amended—
(1) by striking ‘‘January 31’’ and inserting 
‘‘March 1’’; and 
(2) by striking ‘‘and all such training proposed 
for the current fiscal year’’. 
Subtitle C—Assistance for Select 
Countries 
SEC. 1321. ASSISTANCE FOR ISRAEL. 
Section 513 of the Security Assistance Act of 2000 
(Public Law 106–280) is amended—
(1) in subsection (b)(1), by striking ‘‘2002 and 
2003’’ and inserting ‘‘2003 through 2005’’; 
(2) in subsection (c)(1), by striking ‘‘2002 and 
2003’’ and inserting ‘‘2003 through 2005’’; 
(3) in subsection (c)(3)—
264
‘‘(3) 15 National Guard enhanced brigades or
their equivalents; and
‘‘(4) such other active and reserve component
land combat, rotary-wing aviation, and other services
as may be required to support forces specified in
paragraphs (1) through (3).’’.
(b) NAVY.—Section 5062 of such title is amended by
adding at the end the following new subsection:
‘‘(d) The Navy, within the Department of the Navy,
shall be so organized as to include—
‘‘(1) not less than 305 vessels in active service;
‘‘(2) not less than 12 aircraft carrier battle
groups or their equivalents, not less than 12 am-
phibious ready groups or their equivalents, not less
than 55 attack submarines, not less than 108 active
surface combatant vessels, and not less than 8 re-
serve combatant vessels; and
‘‘(3) such other active and reserve naval com-
bat, naval aviation, and service forces as may be re-
quired to support forces specified in paragraphs (1)
and (2).’’.
(c) AIR FORCE.—Section 8062 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new subsection:
243
suant to section 2 of the Senate Resolution of Ratification 
to Accompany Treaty Document 107–8, Treaty Between the 
United States of America and the Russian Federation on 
Strategic Offensive Reductions. 
SEC. 1336. STATEMENT OF HOUSE OF REPRESENTATIVES 
REGARDING 
THE 
TREATY 
BETWEEN 
THE 
UNITED STATES AND THE RUSSIAN FEDERA-
TION ON STRATEGIC OFFENSIVE REDUC-
TIONS. 
The House of Representatives—
(1) concurs with the declarations of the Sen-
ate in section 3 of the Resolution of Ratification 
to Accompany Treaty Document 107–8, Treaty 
Between the United States of America and the 
Russian Federation on Strategic Offensive Re-
ductions; 
(2) encourages the President to continue 
strategic offensive reductions to the lowest pos-
sible levels consistent with national security re-
quirements and alliance obligations of the 
United States; 
(3) urges the President to engage the Rus-
sian Federation with the objectives of estab-
lishing cooperative measures to give each party 
to the Treaty Between the United States of
†
419
HR 1 EAS
of Medicine of the National Academy of Sciences (in
this section referred to as the ‘‘Institute’’) shall con-
duct an evaluation of leading health care performance
measures and options to implement policies that align
performance with payment under the medicare pro-
gram under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
(2) SPECIFIC
MATTERS
EVALUATED.—In con-
ducting the evaluation under paragraph (1), the In-
stitute shall—
(A) catalogue, review, and evaluate the va-
lidity of leading health care performance meas-
ures;
(B) catalogue and evaluate the success and
utility of alternative performance incentive pro-
grams in public or private sector settings; and
(C) identify and prioritize options to imple-
ment policies that align performance with pay-
ment 
under 
the 
medicare 
program 
that
indicate—
(i) the performance measurement set to
be used and how that measurement set will
be updated;
(ii) the payment policy that will re-
ward performance; and
that which would reduce the total number of such aircraft
in the active inventory below 112 until—
(1) the Air Force has modified a C–5A aircraft
to the configuration referred to as the Reliability
Enhancement and Reengining Program (RERP)
configuration, as planned under the C–5 System De-
velopment and Demonstration program as of May 1,
2003; and
(2) the Director of Operational Test and Eval-
uation of the Department of Defense—
(A) conducts an operational evaluation of
that aircraft, as so modified; and
(B) provides to the Secretary of Defense
and the congressional defense committees an
operational assessment.
(b) OPERATIONAL
EVALUATION.—An operational
evaluation for purposes of paragraph (2)(A) of subsection
(a) is an evaluation, conducted during operational testing
and evaluation of the aircraft, as so modified, of the per-
formance of the aircraft with respect to reliability, main-
tainability, and availability and with respect to critical
operational issues.
(c) OPERATIONAL ASSESSMENT.—An operational as-
sessment for purposes of paragraph (2)(B) of subsection
(a) is an operational assessment of the program to modify
divisions that incur costs for which the surcharge is 
collected. 
‘‘(5) CONDITIONS.—(A) Subject to subpara-
graphs (B) and (C), a State may impose and collect 
a cost recovery surcharge on the combustion or dis-
posal within the State of out-of-State municipal solid 
waste if—
‘‘(i) the State demonstrates a cost to the 
State arising from the combustion or disposal 
within the State of a volume of municipal solid 
waste from a source outside the State; 
‘‘(ii) the surcharge is based on those costs 
to the State demonstrated under clause (i) that, 
if not paid for through the surcharge, would 
otherwise have to be paid or subsidized by the 
State; and 
‘‘(iii) the surcharge is compensatory and is 
not discriminatory. 
‘‘(B) In no event shall a cost recovery surcharge 
be imposed by a State to the extent that the cost for 
which recovery is sought is otherwise recovered by 
any other fee or tax assessed against the generation, 
transportation, treatment, combustion, or disposal of 
solid waste.
158
paragraph (E) thereof (relating to smoking 
cessation 
agents), 
or 
under 
section 
1927(d)(3). 
‘‘(ii) AVOIDANCE OF DUPLICATE COV-
ERAGE.—A drug prescribed for an indi-
vidual that would otherwise be a covered 
outpatient drug under this section shall 
not be so considered if payment for such 
drug is available under part A or B for an 
individual entitled to benefits under part A 
and enrolled under part B. 
‘‘(C) APPLICATION
OF
FORMULARY
RE-
STRICTIONS.—A drug prescribed for an indi-
vidual that would otherwise be a covered out-
patient drug under this section shall not be so 
considered under an endorsed program if the el-
igible entity offering the program excludes the 
drug under a formulary and a review of such 
exclusion is not successfully resolved under sub-
section (h)(5). 
‘‘(D) APPLICATION OF GENERAL EXCLU-
SION PROVISIONS.—An eligible entity offering 
an endorsed program may exclude from quali-
fied prescription drug coverage any covered out-
patient drug—
482
‘‘(A) DISSEMINATION OF BENEFITS INFOR-
MATION.—The Office of Beneficiary Assistance 
shall disseminate, directly or through contract, 
to medicare beneficiaries, by mail, by posting on 
the Internet site of the Medicare Benefits Ad-
ministration and through a toll-free telephone 
number, information with respect to the fol-
lowing: 
‘‘(i) Benefits, and limitations on pay-
ment (including cost-sharing, stop-loss pro-
visions, and formulary restrictions) under 
parts C, D, and E. 
‘‘(ii) Benefits, and limitations on pay-
ment under parts A and B, including in-
formation on medicare supplemental poli-
cies under section 1882. 
Such information shall be presented in a man-
ner so that medicare beneficiaries may compare 
benefits under parts A, B, D, and medicare 
supplemental policies with benefits under Medi-
care Advantage plans under part C and EFFS 
plans under part E. 
‘‘(B) DISSEMINATION OF APPEALS RIGHTS 
INFORMATION.—The Office of Beneficiary As-
sistance shall disseminate to medicare bene-
124
HR 1 RDS 
specified in section 1860D–7(a)(1)(B), notwith-
standing section 1916) for prescribed drugs to the 
extent payment is not made under the prescription 
drug plan or MA-EFFS Rx plan selected by the in-
dividual. 
‘‘(2) CONDITION.—A State may require, as a 
condition for the receipt of medical assistance under 
this title with respect to prescription drug benefits 
for an individual eligible to obtain qualified prescrip-
tion drug coverage described in paragraph (1), that 
the individual elect qualified prescription drug cov-
erage under section 1860D–1.’’. 
(d) TREATMENT OF TERRITORIES.—
(1) IN GENERAL.—Section 1935, as so inserted 
and amended, is further amended—
(A) in subsection (a) in the matter pre-
ceding paragraph (1), by inserting ‘‘subject to 
subsection (e)’’ after ‘‘section 1903(a)’’; 
(B) in subsection (c)(1), by inserting ‘‘sub-
ject to subsection (e)’’ after ‘‘1903(a)(1)’’; and 
(C) by adding at the end the following new 
subsection: 
‘‘(e) TREATMENT OF TERRITORIES.—
111
HR 1588 IH 
(B) by amending the table of sections at 
the beginning of such chapter by striking the 
item relating to section 16137. 
(b) FOREIGN ASSISTANCE ACT OF 1961.—Section 
656 of the Foreign Assistance Act of 1961 (Public Law 
87–195) is repealed. 
(c) DEFENSE ACQUISITION IMPROVEMENT ACT OF 
1986.—Section 908 of the Defense Acquisition Improve-
ment Act of 1986 (as contained in section 101(c) of Public 
Law 99–500 and identically enacted in section 101(c) 
[title X] of Public Law 99–591 and title IX of division 
A of Public Law 99–661) (10 U.S.C. 2326 note) is amend-
ed by striking subsection (b). 
(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEARS 1988 AND 1989.—Section 1121 of the Na-
tional Defense Authorization Act for Fiscal Years 1988 
and 1989 (Public Law 100–180; 101 Stat. 1147) (10 
U.S.C. 113 note) is amended—
(1) by striking subsection (f); and 
(2) by redesignating subsections (g) and (h) as 
subsections (f) and (g), respectively. 
(e) DEFENSE AUTHORIZATION AMENDMENTS AND 
BASE CLOSURE AND REALIGNMENT ACT OF 1990.—Sec-
tion 206 of the Defense Authorization Amendments and
112
HR 1588 IH 
Base Closure and Realignment Act of 1990 (Public Law 
100–526; 102 Stat. 2631) (10 U.S.C. 2687) is repealed.
(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 1991.—The National Defense Authoriza-
tion Act for Fiscal Year 1991 (Public Law 101–510; 104 
Stat. 1607, 1819, and 1822, respectively) is amended—
(1) in section 831, by striking subsection (l); 
(2) in section 2921, by striking subsections (e), 
(f), (g)(1), and (g)(2); and 
(3) in section 2926, by striking subsection (g). 
(g) DEFENSE
ECONOMIC
ADJUSTMENT, DIVER-
SIFICATION, CONVERSION, AND STABILIZATION ACT OF 
1990.—Section 4004 of the Defense Economic Adjust-
ment, Diversification, Conversion, and Stabilization Act of 
1990 (Public Law 101–510; 104 Stat. 1849) is amended 
by striking paragraph (c)(3). 
(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEARS 1992 AND 1993.—The National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public 
Law 102–190; 105 Stat. 1411 and 1562, respectively) is 
amended—
(1) in section 734—
(A) by striking subsection (c); and
HR 1588 EAS/PP 
tivities, Special Operations Forces operational enhance-
ments is hereby reduced by $2,000,000. 
SEC. 219. BORON ENERGY CELL TECHNOLOGY. 
(a) INCREASE IN RDT&E, AIR FORCE.—The amount 
authorized to be appropriated by section 201(3) for re-
search, development, test, and evaluation for the Air Force 
is hereby increased by $5,000,000. 
(b) AVAILABILITY FOR BORON ENERGY CELL TECH-
NOLOGY.—(1) of the amount authorized to be appropriated 
by section 201(3) for research, development, test, and eval-
uation for the Air Force, as increased by subsection (a), 
$5,000,000 may be available for research, development, test, 
and evaluation on boron energy cell technology. 
(2) The amount available under paragraph (1) for the 
purpose specified in that paragraph is in addition to any 
other amounts available under this Act for that purpose. 
(c) OFFSET
FROM OPERATION
AND MAINTENANCE, 
ARMY.—The amount authorized to be appropriated by sec-
tion 301(1), for operation and maintenance for the Army 
is hereby reduced by $5,000,000. 
SEC. 220. MODIFICATION 
OF 
PROGRAM 
ELEMENT 
OF 
SHORT RANGE AIR DEFENSE RADAR PRO-
GRAM OF THE ARMY. 
The program element of the short range air defense 
radar program of the Army may be modified from Program
124
HR 1588 IH 
SEC. 1005. INCREASED USE OF ENERGY COST SAVINGS. 
Section 2865(b)(1) of title 10, United States Code, 
is amended by striking ‘‘Two-thirds of the portion of the 
funds appropriated to Department of Defense for a fiscal 
year that is’’ and inserting ‘‘Funds appropriated to the 
Department of Defense for a fiscal year that are’’. 
SEC. 1006. ALLOW THE DEPARTMENT OF DEFENSE TO CAP-
TURE ALL EXPIRED FUNDS FROM THE MILI-
TARY 
PERSONNEL 
AND 
OPERATION 
AND 
MAINTENANCE APPROPRIATIONS ACCOUNTS 
FOR USE IN THE FOREIGN CURRENCY FLUC-
TUATIONS ACCOUNT. 
Section 2779 of title 10, United States Code, is 
amended—
(1) in subsection (a)(2), by striking ‘‘second fis-
cal year’’ and inserting ‘‘fifth fiscal year’’; and 
(2) in subsection (d)(2), by striking ‘‘second fis-
cal year’’ and inserting ‘‘fifth fiscal year’’. 
SEC. 1007. FUNDING FOR SPECIAL OPERATIONS RESERVE 
COMPONENT PERSONNEL ENGAGED IN AC-
TIVITIES 
RELATING 
TO 
CLEARANCE 
OF 
LANDMINES. 
Funds authorized in this Act for the Overseas Hu-
manitarian, Disaster and Civic Aid programs of the De-
partment of Defense shall be available, in a total amount 
not to exceed $5,000,000 in any fiscal year, for reimburse-
HR 1588 IH 
SEC. 312. AUTHORIZATION FOR FEDERAL PARTICIPATION 
IN WETLAND MITIGATION BANKS. 
(a) IN GENERAL.—Chapter 159 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2697. Authorization for Federal participation in 
wetland mitigation banks 
‘‘The Secretary of a military department engaged in 
any activity resulting, or which may result, in the destruc-
tion of or impacts to wetlands is authorized to make pay-
ments to wetland mitigation banking programs and con-
solidated user sites (‘in-lieu-fee’ programs) that have been 
approved in accordance with the Federal Guidance for the 
Establishment, Use, and Operation of Mitigation Banks 
or the Federal Guidance on the Use of In-Lieu-Fee Ar-
rangements for Compensatory Mitigation Under Section 
404 of the Clean Water Act and Section 10 of the Rivers 
and Harbors Act as an alternative to creating a wetland 
for mitigation on Federal property for construction 
projects. These payments may be included as eligible 
project costs for military construction.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item:
‘‘2697. Authorization for Federal participation in wetland mitigation banks.’’.
HR 1588 IH 
SEC. 313. PROVISION TO EXEMPT RESTORATION ADVISORY 
BOARDS 
FROM 
THE 
FEDERAL 
ADVISORY 
COMMITTEE ACT. 
Section 2705 (d)(2) of chapter 160 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(C) The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to any restoration advisory board 
established by the Secretary pursuant to this subsection.’’. 
SEC. 314. REPEAL OF MILITARY EQUIPMENT AND INFRA-
STRUCTURE: PREVENTION AND MITIGATION 
OF CORROSION. 
(a) IN GENERAL.—Section 2228 of title 10, United 
States Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 131 of this title is amended by striking the 
item relating to section 2228.
Subtitle C—Workplace and Depot 
Issues 
SEC. 321. REPEAL OF TIME LIMITATION ON EXCLUSION OF 
EXPENDITURES 
ON 
CONTRACTING 
FOR 
DEPOT-LEVEL MAINTENANCE. 
Section 2474(f)(2) of title 10, United States Code, 
is amended by striking ‘‘for fiscal years 2002 through 
2005’’.
HR 1588 IH 
SEC. 322. EXCEPTION TO COMPETITION REQUIREMENT 
FOR DEPOT-LEVEL MAINTENANCE AND RE-
PAIR. 
Section 2469 of title 10, United States Code, is 
amended by inserting at the end the following new sub-
section (d): 
‘‘(d) EXCEPTIONS.—This section shall not apply with 
respect to depot-level maintenance and repair workload 
that is the subject of a public-private partnership entered 
into pursuant to section 2474(b) of this title provided—
‘‘(1) competition is sought to select the source 
that will partner with the depot to perform the 
workload; 
‘‘(2) the payment requests made by the part-
nership for work performed reflect the full cost to 
the Government of resources used by the depot for 
providing services, which shall include costs of re-
sources used, but not paid for, by the depot; 
‘‘(3) the portion of the payment received by the 
partnership that is necessary to cover the full cost 
of performance by the depot, as required by para-
graph (2), is transferred to the General fund in the 
Treasury to the extent the payment is reimbursing 
the depot for federal resources the depot has used, 
but not paid for, in performing its work;
HR 1588 RDS 
(3) Three shall be performed by defense firms, 
or teams of defense firms, in the private sector.
(c) PERFORMANCE OF STUDIES.—(1) The Secretary 
of Defense shall require each entity undertaking one of 
the studies under this section to commit to performing the 
study independently from the other studies and, in the 
case of the entities selected under paragraphs (2) and (3) 
of subsection (b), independently from the Navy, so as to 
ensure independent analysis. 
(2) In performing a study under this section, the enti-
ty performing the study 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. 
(E) The role of evolving technology on future 
naval forces. 
(F) Opportunities for reduced manning and un-
manned ships and vehicles in future naval forces. 
(3) Each entity performing a study under this sec-
tion, while cognizant of current overall fleet platform ar-
chitecture, shall not allow the current features of fleet
HR 1588 RDS 
Mammal Protection Act of 1972 (16 U.S.C. 1362(18)) is 
amended by striking subparagraphs (B) and (C) and in-
serting 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), the term ‘harassment’ 
means—
‘‘(i) any act that injures or has the signifi-
cant potential to injure a marine mammal or 
marine mammal stock in the wild; or 
‘‘(ii) any act that disturbs or is likely to 
disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of nat-
ural behavioral patterns, including, but not lim-
ited to, migration, surfacing, nursing, breeding, 
feeding, or sheltering, to a point where such be-
havioral patterns are abandoned or significantly 
altered. 
‘‘(C) The term ‘Level A harassment’ means 
harassment described in subparagraph (A)(i) or, in 
the case of a military readiness activity, harassment 
described in subparagraph (B)(i). 
‘‘(D) The term ‘Level B harassment’ means 
harassment described in subparagraph (A)(ii) or, in
110
(10) Other issues identified by the task force re-
lating to sexual harassment and violence at those 
academies. 
(c) METHODOLOGY.—The task force shall consider the 
findings and recommendations of previous reviews and in-
vestigations of sexual harassment and violence conducted for 
those academies as one of the bases for its assessment. 
(d) REPORT.—(1) The task force shall submit to the 
Secretary of Defense and the Secretaries of the Army and 
the Navy a report on the activities of the task force and 
on the activities of the United States Military Academy and 
the United States Naval Academy to respond to sexual har-
assment and violence at those academies. 
(2) The report shall include the following: 
(A) Any barriers to implementation of improve-
ments as a result of those efforts. 
(B) Other areas of concern not previously ad-
dressed in prior reports. 
(C) The findings and conclusions of the task 
force. 
(D) Any recommendations for changes to policy 
and law as the task force considers appropriate, in-
cluding whether cases of sexual assault at those acad-
emies should be included in the Department of De-
Subtitle D—Air Force Programs
SEC. 131. AIR FORCE AIR REFUELING TRANSFER ACCOUNT. 
(a) TRANSFER ACCOUNT.—There is hereby established 
an account for the Department of the Air Force to be known 
as the Air Force Air Refueling Transfer Account. Amounts 
in such account may be used in accordance with subsection 
(c). 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Within 
the amount provided in section 103(1), there is authorized 
to be appropriated to the Air Force Air Refueling Transfer 
Account for fiscal year 2004 the amount of $229,200,000. 
(c) AUTHORIZED USE OF FUNDS.—Amounts in the 
Air Force Air Refueling Transfer Account may be used for 
any of the following purposes, as determined by the Sec-
retary of the Air Force: 
(1) Necessary expenses for fiscal year 2004 to 
prepare for leasing of tanker aircraft under section 
8159 of the Department of Defense Appropriations 
Act, 2002 (division A of Public Law 107–117; 115 
Stat. 2284; 10 U.S.C. 2401a note). 
(2) Necessary expenses for fiscal year 2004 to 
prepare for purchase of tanker aircraft for the Air 
Force. 
(3) Retaining in active service (rather than re-
tiring) KC–135E aircraft.
(b), independently from the Navy, so as to ensure inde-
pendent analysis. 
(2) In performing a study under this section, the entity 
performing the study 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. 
(E) The role of evolving technology on future 
naval forces. 
(F) Opportunities for reduced manning and un-
manned ships and vehicles in future naval forces. 
(3) Each entity performing a study under this section, 
while cognizant of current overall fleet platform architec-
ture, shall not allow the current features of fleet platform 
architecture to constrain the analysis for purposes of that 
study. 
(d) NAVAL STUDIES.—Each study under this section 
shall present one or two possible overall fleet platform archi-
tectures. For each such architecture presented, the study 
shall include the following: