National Defense Authorization Act for Fiscal Year 2004
PL 108-136 (H.R.1588), enacted 11/24/2003

117 STAT. 1392
PUBLIC LAW 108–136—NOV. 24, 2003
Public Law 108–136
108th Congress
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.
National Defense
Authorization
Act for Fiscal
Year 2004.
Nov. 24, 2003
[H.R. 1588]
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117 STAT. 1393
PUBLIC LAW 108–136—NOV. 24, 2003
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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117 STAT. 1394
PUBLIC LAW 108–136—NOV. 24, 2003
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’’.
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117 STAT. 1395
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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117 STAT. 1396
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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117 STAT. 1397
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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117 STAT. 1398
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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117 STAT. 1399
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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PUBLIC LAW 108–136—NOV. 24, 2003
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.
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117 STAT. 1401
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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117 STAT. 1402
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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117 STAT. 1403
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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117 STAT. 1404
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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117 STAT. 1405
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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117 STAT. 1406
PUBLIC LAW 108–136—NOV. 24, 2003
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
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117 STAT. 1407
PUBLIC LAW 108–136—NOV. 24, 2003
(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.
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117 STAT. 1408
PUBLIC LAW 108–136—NOV. 24, 2003
(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
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117 STAT. 1409
PUBLIC LAW 108–136—NOV. 24, 2003
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
Deadline.
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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
10 USC 7291
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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
Deadline.
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117 STAT. 1412
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(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–
Notification.
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117 STAT. 1413
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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
Deadline.
Reports.
10 USC 2401a
note.
Deadline.
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117 STAT. 1414
PUBLIC LAW 108–136—NOV. 24, 2003
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
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117 STAT. 1415
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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.
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117 STAT. 1416
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(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
Deadline.
Reports.
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117 STAT. 1417
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(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.
Reports.
Deadline.
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(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.
10 USC 113 note.
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(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.
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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—
10 USC 223a
note.
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117 STAT. 1421
PUBLIC LAW 108–136—NOV. 24, 2003
(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.
Deadline.
Reports.
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117 STAT. 1422
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(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.
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117 STAT. 1423
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(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
10 USC 2358
note.
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117 STAT. 1424
PUBLIC LAW 108–136—NOV. 24, 2003
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).
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117 STAT. 1425
PUBLIC LAW 108–136—NOV. 24, 2003
(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.
Deadline.
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117 STAT. 1426
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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PUBLIC LAW 108–136—NOV. 24, 2003
(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.
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PUBLIC LAW 108–136—NOV. 24, 2003
(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).
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117 STAT. 1429
PUBLIC LAW 108–136—NOV. 24, 2003
(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’’.
Effective date.
Applicability.
10 USC 670a
note.
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117 STAT. 1430
PUBLIC LAW 108–136—NOV. 24, 2003
(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
10 USC 2703
note.
Effective date.
10 USC 2703
note.
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117 STAT. 1431
PUBLIC LAW 108–136—NOV. 24, 2003
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
Deadline.
33 USC 1344
note.
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117 STAT. 1432
PUBLIC LAW 108–136—NOV. 24, 2003
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.’’.
Notice.
Publication.
10 USC 2705
note.
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117 STAT. 1433
PUBLIC LAW 108–136—NOV. 24, 2003
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).’’.
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117 STAT. 1434
PUBLIC LAW 108–136—NOV. 24, 2003
(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.’’;
Federal Register,
publication.
Deadline.
Deadline.
Deadline.
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117 STAT. 1435
PUBLIC LAW 108–136—NOV. 24, 2003
(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:
10 USC 113 note.
Federal Register,
publication.
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117 STAT. 1436
PUBLIC LAW 108–136—NOV. 24, 2003
(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.
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117 STAT. 1437
PUBLIC LAW 108–136—NOV. 24, 2003
(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.
Arizona.
Deadlines.
Deadline.
Deadline.
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PUBLIC LAW 108–136—NOV. 24, 2003
(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.—
Deadline.
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117 STAT. 1439
PUBLIC LAW 108–136—NOV. 24, 2003
(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.
Establishment.
Deadlines.
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117 STAT. 1440
PUBLIC LAW 108–136—NOV. 24, 2003
(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
42 USC 300j–18
note.
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117 STAT. 1441
PUBLIC LAW 108–136—NOV. 24, 2003
(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
Deadline.
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117 STAT. 1442
PUBLIC LAW 108–136—NOV. 24, 2003
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
Deadline.
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117 STAT. 1443
PUBLIC LAW 108–136—NOV. 24, 2003
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
10 USC 2461
note.
10 USC 2304.
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117 STAT. 1444
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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
Deadline.
10 USC 2461
note.
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117 STAT. 1445
PUBLIC LAW 108–136—NOV. 24, 2003
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;
10 USC 113 note.
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117 STAT. 1446
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(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.
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(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.
Deadline.
10 USC 5103
note.
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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
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117 STAT. 1449
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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
Deadline.
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117 STAT. 1450
PUBLIC LAW 108–136—NOV. 24, 2003
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—
10 USC 115 note.
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(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)’’;
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(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.
10 USC 12001
note.
10 USC 115 note.
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117 STAT. 1453
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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’’.
10 USC 115 note.
10 USC 12001
note.
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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.
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117 STAT. 1455
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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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).
10 USC 3084
note.
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(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.’’.
10 USC 632 note.
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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
Notification.
10 USC 5033
note.
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officer to wear the insignia for that grade and a period
of 30 days has elapsed after the date of the notification.’’.
(b) EFFECTIVE DATE.—Paragraph (3) of subsection (b) of section
777 of title 10, United States Code, as added by subsection (a),
shall not apply with respect to the wearing by an officer of insignia
for a grade that was authorized under that section before the
date of the enactment of this Act.
Subtitle B—Reserve Component Matters
SEC. 511. STREAMLINED PROCESS FOR CONTINUATION OF OFFICERS
ON THE RESERVE ACTIVE-STATUS LIST.
(a) REPEAL OF REQUIREMENT FOR USE OF SELECTION BOARDS.—
Section 14701 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘by a selection board
convened under section 14101(b) of this title’’ and inserting
‘‘under regulations prescribed by the Secretary of Defense’’;
and
(B) in paragraph (6), by striking ‘‘as a result of the
convening of a selection board under section 14101(b) of
this title’’ and inserting ‘‘under regulations prescribed
under paragraph (1)’’;
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
(b) CONFORMING AMENDMENTS.—(1) Section 14101(b) of such
title is amended—
(A) by striking ‘‘CONTINUATION BOARDS’’ and inserting
‘‘SELECTIVE EARLY SEPARATION BOARDS’’;
(B) by striking paragraph (1);
(C) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(D) by striking the last sentence.
(2) Section 14102(a) of such title is amended by striking
‘‘Continuation boards’’ and inserting ‘‘Selection boards convened
under section 14101(b) of this title’’.
(3) Section 14705(b)(1) of such title is amended by striking
‘‘continuation board’’ and inserting ‘‘selection board’’.
SEC. 512. CONSIDERATION OF RESERVE OFFICERS FOR POSITION
VACANCY PROMOTIONS IN TIME OF WAR OR NATIONAL
EMERGENCY.
(a) PROMOTION CONSIDERATION WHILE ON ACTIVE-DUTY LIST.—
(1) Subsection (d) of section 14317 of title 10, United States Code,
is amended by striking ‘‘If a reserve officer’’ and inserting ‘‘Except
as provided in subsection (e), if a reserve officer’’.
(2) Subsection (e) of such section is amended to read as follows:
‘‘(e) OFFICERS ORDERED
TO ACTIVE DUTY
IN TIME
OF WAR
OR NATIONAL EMERGENCY.—(1) A reserve officer who is not on
the active-duty list and who is ordered to active duty in time
of war or national emergency may, if eligible, be considered for
promotion—
‘‘(A) by a mandatory promotion board convened under sec-
tion 14101(a) of this title or a special selection board convened
under section 14502 of this title; or
10 USC 777 note.
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‘‘(B) in the case of an officer who has been ordered to
or is serving on active duty in support of a contingency oper-
ation, by a vacancy promotion board convened under section
14101(a) of this title.
‘‘(2) An officer may not be considered for promotion under
this subsection after the end of the two-year period beginning
on the date on which the officer is ordered to active duty.
‘‘(3) An officer may not be considered for promotion under
this subsection during a period when the operation of this section
has been suspended by the President under section 123(a) of this
title.
‘‘(4) Consideration of an officer for promotion under this sub-
section shall be under regulations prescribed by the Secretary of
the military department concerned.’’.
(b) CONFORMING AMENDMENT.—Section 14315(a)(1) of such title
is amended by striking ‘‘as determined by the Secretary concerned,
is available’’ and inserting ‘‘under regulations prescribed by the
Secretary concerned, has been recommended’’.
SEC. 513. AUTHORITY FOR DELEGATION OF REQUIRED SECRETARIAL
SPECIAL 
FINDING 
FOR 
PLACEMENT 
OF 
CERTAIN
RETIRED MEMBERS IN READY RESERVE.
The last sentence of section 10145(d) of title 10, United States
Code, is amended to read as follows: ‘‘The authority of the Secretary
concerned under the preceding sentence may not be delegated—
‘‘(1) to a civilian officer or employee of the military depart-
ment concerned below the level of Assistant Secretary; or
‘‘(2) to a member of the armed forces below the level of
the lieutenant general or vice admiral in an armed force with
responsibility for military personnel policy in that armed force.’’.
SEC. 514. AUTHORITY TO PROVIDE EXPENSES OF ARMY AND AIR STAFF
PERSONNEL 
AND 
NATIONAL 
GUARD 
BUREAU 
PER-
SONNEL ATTENDING NATIONAL CONVENTIONS OF CER-
TAIN MILITARY ASSOCIATIONS.
(a) AUTHORITY.—Section 107(a)(2) of title 32, United States
Code, is amended—
(1) by striking ‘‘officers’’ and inserting ‘‘members’’;
(2) by striking ‘‘Army General Staff’’ and inserting ‘‘Army
Staff’’; and
(3) by striking ‘‘the National Guard Association of the
United States’’ and inserting ‘‘the Enlisted Association of the
National Guard of the United States, the National Guard
Association of the United States,’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall not apply with respect to funds appropriated for a fiscal
year before fiscal year 2004.
SEC. 515. EXPANDED AUTHORITY FOR USE OF READY RESERVE IN
RESPONSE TO TERRORISM.
Section 12304 of title 10, United States Code, is amended—
(1) in subsection (b)(2), by striking ‘‘catastrophic’’ and
inserting ‘‘significant’’; and
(2) by adding at the end of subsection (c) the following
new paragraph:
‘‘(3) No unit or member of a reserve component may be ordered
to active duty under this section to provide assistance referred
to in subsection (b) unless the President determines that the
32 USC 107 note.
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requirements for responding to an emergency referred to in that
subsection have exceeded, or will exceed, the response capabilities
of local, State, and Federal civilian agencies.’’.
SEC. 516. NATIONAL GUARD OFFICERS ON ACTIVE DUTY IN COMMAND
OF NATIONAL GUARD UNITS.
(a) CONTINUATION IN STATE STATUS.—Subsection (a) of section
325 of title 32, United States Code, is amended—
(1) by striking ‘‘(a) Each’’ and inserting ‘‘(a) RELIEF
REQUIRED.—(1) Except as provided in paragraph (2), each’’;
and
(2) by adding at the end the following new paragraph:
‘‘(2) An officer of the Army National Guard of the United
States or the Air National Guard of the United States is not
relieved from duty in the National Guard of his State or Territory,
or of Puerto Rico or the District of Columbia, under paragraph
(1) while serving on active duty in command of a National Guard
unit if—
‘‘(A) the President authorizes such service in both duty
statuses; and
‘‘(B) the Governor of his State or Territory or Puerto Rico,
or the commanding general of the District of Columbia National
Guard, as the case may be, consents to such service in both
duty statuses.’’.
(b) FORMAT AMENDMENT.—Subsection (b) of such section is
amended by inserting ‘‘RETURN TO STATE STATUS.—’’ after ‘‘(b)’’.
SEC. 517. PRESIDENTIAL REPORT ON MOBILIZATION OF RESERVE
COMPONENT PERSONNEL AND SECRETARY OF DEFENSE
ASSESSMENT.
(a) PRESIDENTIAL REPORT.—Not later than six months after
the date of the enactment of this Act, the President shall transmit
to Congress a report on the mobilization during fiscal years 2002
and 2003 of members of the reserve components. The report shall
include, for each of those fiscal years, the following:
(1) The number of members of the reserve components
who were called or ordered to active duty under a provision
of law specified in section 101(a)(13)(B) of title 10, United
States Code.
(2) Of the members counted under paragraph (1), the
number who, under a call or order to active duty referred
to in paragraph (1), served on active duty for one year or
more (including any extension on active duty) and, for those
members, specification of their military specialties and the
number of such members in each such specialty.
(3) Of the members counted under paragraph (1), the
number who, under a provision of law referred to in paragraph
(1), were called or ordered to active duty more than once and,
for those members, specification of their military specialties
and the number of such members in each such specialty.
(b) ASSESSMENT BY SECRETARY OF DEFENSE.—Not later than
one year after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives the following:
(1) A description of the effects on reserve component
recruitment and retention that have resulted from—
Deadline.
10 USC 113 note.
Deadline.
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(A) the calls and orders of Reserves to active duty
during fiscal years 2002 and 2003; and
(B) the tempo of the service of the Reserves on the
active duty to which called or ordered.
(2) A description of changes in the Armed Forces, including
any changes in the allocation of roles and missions, in force
structure, and in capabilities between the active components
and the reserve components of the Armed Forces, that are
envisioned by the Secretary of Defense on the basis of—
(A) the effects discussed under paragraph (1);
(B) the lessons learned from calling and ordering the
reserve components to active duty during fiscal years 2002
and 2003; or
(C) future military force structure and capabilities
requirements.
(3) On the basis of the lessons learned as a result of
calling and ordering members of the reserve components to
active duty during fiscal years 2002 and 2003, an assessment
of the process for calling and ordering such members to active
duty, preparing such members for active duty, processing such
members into the force upon entry onto active duty, and
deploying such members, including an assessment of the ade-
quacy of the alert and notification process from the perspectives
of individual members, of reserve component units, and of
employers of such members.
SEC. 518. AUTHORITY FOR THE USE OF OPERATION AND MAINTE-
NANCE FUNDS FOR PROMOTIONAL ACTIVITIES OF THE
NATIONAL COMMITTEE FOR EMPLOYER SUPPORT OF
THE GUARD AND RESERVE.
Section 2241 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c) ACTIVITIES OF THE NATIONAL COMMITTEE FOR EMPLOYER
SUPPORT OF THE GUARD AND RESERVE.—Amounts appropriated for
operation and maintenance may, under regulations prescribed by
the Secretary of Defense, be used by the Secretary for official
reception, representation, and advertising activities and materials
of the National Committee for Employer Support of the Guard
and Reserve to further employer commitments to their employees
who are members of a reserve component.’’.
Subtitle C—ROTC and Military Service
Academies
SEC. 521. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR
CADETS AND MIDSHIPMEN RECEIVING ROTC SCHOLAR-
SHIPS.
(a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE ON ACTIVE
DUTY.—Section 2107(c) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
‘‘(3) In the case of a cadet or midshipman eligible to receive
financial assistance under paragraph (1) or (2), the Secretary of
the military department concerned may, in lieu of all or part of
the financial assistance described in paragraph (1), provide financial
assistance in the form of room and board expenses for the cadet
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or midshipman and other expenses required by the educational
institution.
‘‘(4) The total amount of financial assistance, including the
payment of room and board and other educational expenses, pro-
vided to a cadet or midshipman in an academic year under this
subsection may not exceed an amount equal to the amount that
could be provided as financial assistance for such cadet or mid-
shipman under paragraph (1) or (2), or another amount determined
by the Secretary concerned, without regard to whether room and
board and other educational expenses for such cadet or midshipman
are paid under paragraph (3).’’.
(b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE IN TROOP
PROGRAM UNITS.—Section 2107a(c) of such title is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding at the end the following new paragraphs:
‘‘(2) In the case of a cadet eligible to receive financial assistance
under paragraph (1), the Secretary of the military department
concerned may, in lieu of all or part of the financial assistance
described in paragraph (1), provide financial assistance in the form
of room and board expenses for such cadet and other expenses
required by the educational institution.
‘‘(3) The total amount of financial assistance, including the
payment of room and board and any other educational expenses,
provided to a cadet in an academic year under this subsection
may not exceed an amount equal to the amount that could be
provided as financial assistance for such cadet under paragraph
(1), or another amount determined by the Secretary of the Army,
without regard to whether the room and board and other edu-
cational expenses for such cadet are paid under paragraph (2).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to payment of expenses of cadets and midshipmen
of the Senior Reserve Officers’ Training Corps program that are
due after the date of the enactment of this Act.
SEC. 522. INCREASE IN ALLOCATION OF SCHOLARSHIPS UNDER ARMY
RESERVE ROTC SCHOLARSHIP PROGRAM TO STUDENTS
AT MILITARY JUNIOR COLLEGES.
Section 2107a(h) of title 10, United States Code, is amended
by striking ‘‘10’’ each place it appears and inserting ‘‘17’’.
SEC. 523. AUTHORITY FOR NONSCHOLARSHIP SENIOR ROTC SOPHO-
MORES TO VOLUNTARILY CONTRACT FOR AND RECEIVE
SUBSISTENCE ALLOWANCE.
(a) AUTHORITY FOR ALLOWANCE.—Section 209 of title 37, United
States Code, is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) NONSCHOLARSHIP
SENIOR
ROTC MEMBERS
NOT
IN
ADVANCED TRAINING.—A member of the Selected Reserve Officers’
Training Corps who has entered into an agreement under section
2103a of title 10 is entitled to a monthly subsistence allowance
at a rate prescribed under subsection (a). That allowance may
be paid to the member by reason of such agreement for a maximum
of 20 months.’’.
Applicability.
10 USC 2107
note.
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(b) AUTHORITY TO ACCEPT ENROLLMENT.—(1) Chapter 103 of
title 10, United States Code, is amended by inserting after section
2103 the following new section:
‘‘§ 2103a. Students not eligible for advanced training: commit-
ment to military service
‘‘(a) AUTHORITY.—A member of the program who has completed
successfully the first year of a four-year Senior Reserve Officers’
Training Corps course and who is not eligible for advanced training
under section 2104 of this title and is not a cadet or midshipman
appointed under section 2107 of this title may—
‘‘(1) contract with the Secretary of the military department
concerned, or the Secretary’s designated representative, to serve
for the period required by the program; and
‘‘(2) agree in writing to accept an appointment, if offered,
as a commissioned officer in the Army, Navy, Air Force, or
Marine Corps, as the case may be, and to serve in the armed
forces for the period prescribed by the Secretary.
‘‘(b) ELIGIBILTY REQUIREMENTS.—A member of the program may
enter into a contract and agreement under this section (and receive
a subsistence allowance under section 209(c) of title 37) only if
the person—
‘‘(1) is a citizen of the United States;
‘‘(2) enlists in an armed force under the jurisdiction of
the Secretary of the military department concerned for the
period prescribed by the Secretary; and
‘‘(3) executes a certificate of loyalty in such form as the
Secretary of Defense prescribes or take a loyalty oath as pre-
scribed by the Secretary.
‘‘(c) PARENTAL CONSENT FOR MINORS.—A member of the pro-
gram who is a minor may enter into a contract under subsection
(a)(1) only with the consent of the member’s parent or guardian.
‘‘(d) TERMINATION OF AUTHORITY.—No contract may be entered
into under subsection (a)(1) after December 31, 2006.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2103
the following new item:
‘‘2103a. Students not eligible for advanced training: commitment to military serv-
ice.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on January 1, 2004.
SEC. 524. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM
NOMINATIONS 
MADE 
BY 
DELEGATES 
FROM 
GUAM,
VIRGIN ISLANDS, AND AMERICAN SAMOA.
(a) UNITED STATES MILITARY ACADEMY.—Section 4342(a) of title
10, United States Code, is amended—
(1) in paragraphs (6) and (8), by striking ‘‘Two’’ and
inserting ‘‘Three’’; and
(2) in paragraph (9), by striking ‘‘One’’ and inserting ‘‘Two’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 6954(a) of such
title is amended—
(1) in paragraphs (6) and (8), by striking ‘‘Two’’ and
inserting ‘‘Three’’; and
(2) in paragraph (9), by striking ‘‘One’’ and inserting ‘‘Two’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(a) of
such title is amended—
10 USC 2103a
note.
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(1) in paragraphs (6) and (8), by striking ‘‘Two’’ and
inserting ‘‘Three’’; and
(2) in paragraph (9), by striking ‘‘One’’ and inserting ‘‘Two’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to the nomination of candidates for appoint-
ment to the United States Military Academy, the United States
Naval Academy, and the United States Air Force Academy for
classes entering those academies after the date of the enactment
of this Act.
SEC. 525. READMISSION TO SERVICE ACADEMIES OF CERTAIN FORMER
CADETS AND MIDSHIPMEN.
(a) INSPECTOR GENERAL REPORT AS BASIS FOR READMISSION.—
(1) When a formal report by an Inspector General within the Depart-
ment of Defense concerning the circumstances of the separation
of a cadet or midshipman from one of the service academies contains
a specific finding specified in paragraph (2), the Secretary of the
military department concerned may use that report as the sole
basis for readmission of the former cadet or midshipman to the
respective service academy.
(2) A finding specified in this paragraph is a finding that
substantiates that a former service academy cadet or midshipman,
while attending the service academy—
(A) received administrative or punitive action or nonjudicial
punishment as a result of reprisal;
(B) resigned in lieu of disciplinary, administrative, or other
action that the formal report concludes constituted a threat
of reprisal; or
(C) otherwise suffered an injustice that contributed to the
resignation of the cadet or midshipman.
(b) READMISSION.—In the case of a formal report by an Inspector
General described in subsection (a), the Secretary concerned shall
offer the former cadet or midshipman an opportunity for readmis-
sion to the service academy from which the former cadet or mid-
shipman resigned, if the former cadet or midshipman is otherwise
eligible for such readmission.
(c) APPLICATIONS FOR READMISSION.—A former cadet or mid-
shipman described in a report referred to in subsection (a) may
apply for readmission to the service academy on the basis of that
report and shall not be required to submit the request for readmis-
sion through a board for the correction of military records.
(d) REGULATIONS TO MINIMIZE ADVERSE IMPACT UPON READMIS-
SION.—The Secretary of each military department shall prescribe
regulations for the readmission of a former cadet or midshipman
described in subsection (a), with the goal, to the maximum extent
practicable, of readmitting the former cadet or midshipman at no
loss of the academic or military status held by the former cadet
at the time of resignation.
(e) CONSTRUCTION WITH OTHER REMEDIES.—This section does
not preempt or supersede any other remedy that may be available
to a former cadet or midshipman.
(f) SERVICE ACADEMIES.—In this section, the term ‘‘service
academy’’ means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
10 USC 4351
note.
10 USC 4342
note.
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SEC. 526. DEFENSE TASK FORCE ON SEXUAL HARASSMENT AND
VIOLENCE AT THE MILITARY SERVICE ACADEMIES.
(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a Department of Defense task force to examine matters relating
to sexual harassment and violence at the United States Military
Academy and the United States Naval Academy.
(b) RECOMMENDATIONS.—Not later than 12 months after the
date on which all members of the task force have been appointed,
the task force shall submit to the Secretary of Defense a report
recommending ways by which the Department of Defense and the
Department of the Army and the Department of the Navy may
more effectively address matters relating to sexual harassment
and violence at the United States Military Academy and the United
States Naval Academy, respectively. The report shall include an
assessment of, and recommendations (including any recommended
changes in law) for measures to improve, with respect to sexual
harassment and violence at those academies, the following:
(1) Victims’ safety programs.
(2) Offender accountability.
(3) Effective prevention of sexual harassment and violence.
(4) Collaboration among military organizations with respon-
sibility or jurisdiction with respect to sexual harassment and
violence.
(5) Coordination between military and civilian commu-
nities, including local support organizations, with respect to
sexual harassment and violence.
(6) Coordination between military and civilian commu-
nities, including civilian law enforcement relating to acts of
sexual harassment and violence.
(7) Data collection and case management and tracking.
(8) Curricula and training, including standard training pro-
grams for cadets at the United States Military Academy and
midshipmen at the United States Naval Academy and for
permanent personnel assigned to those academies.
(9) Responses to sexual harassment and violence at those
academies, including standard guidelines.
(10) Other issues identified by the task force relating to
sexual harassment and violence at those academies.
(c) METHODOLOGY.—The task force shall consider the findings
and recommendations of previous reviews and investigations of
sexual harassment and violence 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 harassment and violence at those
academies.
(2) The report shall include the following:
(A) Any barriers to implementation of improvements as
a result of those efforts.
(B) Other areas of concern not previously addressed 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, including whether cases
of sexual assault at those academies should be included in
Deadline.
Reports.
10 USC 4331
note.
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the Department of Defense database known as the Defense
Incident-Based Reporting System.
(3) Within 90 days after receipt of the report under paragraph
(1) the Secretary of Defense shall submit the report, together with
the Secretary’s evaluation of the report, to the Committees on
Armed Services of the Senate and House of Representatives.
(e) REPORT ON AIR FORCE ACADEMY.—Simultaneously with the
submission of the report under subsection (d)(3), the Secretary
of Defense, in coordination with the Secretary of the Air Force,
shall submit to the committees specified in that subsection the
Secretary’s assessment of the effectiveness of corrective actions
being taken at the United States Air Force Academy as a result
of various investigations conducted at that Academy into matters
involving sexual assault and harassment.
(f) COMPOSITION.—(1) The task force shall consist of not more
than 14 members, to be appointed by the Secretary of Defense.
Members shall be appointed from each of the Army, Navy, Air
Force, and Marine Corps, and shall include an equal number of
personnel of the Department of Defense (military and civilian)
and persons from outside the Department of Defense. Members
appointed from outside the Department of Defense may be
appointed from other Federal departments and agencies, from State
and local agencies, or from the private sector.
(2) The Secretary shall ensure that the membership of the
task force appointed from the Department of Defense includes at
least one judge advocate.
(3) In appointing members to the task force, the Secretary
may—
(A) consult with the Attorney General regarding a rep-
resentative from the Office of Violence Against Women of the
Department of Justice; and
(B) consult with the Secretary of Health and Human Serv-
ices regarding a representative from the Women’s Health office
of the Department of Health and Human Services.
(4) Each member of the task force appointed from outside
the Department of Defense shall be an individual who has dem-
onstrated expertise in the area of sexual harassment and violence
or shall be appointed from one of the following:
(A) A representative from the Office of Civil Rights of
the Department of Education.
(B) A representative from the Centers for Disease Control
and Prevention of the Department of Health and Human Serv-
ices.
(C) A sexual assault policy and advocacy organization.
(D) A civilian law enforcement agency.
(E) A judicial policy organization.
(F) A national crime victim policy organization.
(5) The members of the task force shall be appointed not
later than 120 days after the date of the enactment of this Act.
(g) CO-CHAIRS OF THE TASK FORCE.—There shall be two co-
chairs of the task force. One of the co-chairs shall be designated
by the Secretary of the Defense at the time of appointment from
among the Department of Defense personnel on the task force.
The other co-chair shall be selected from among the members
appointed from outside the Department of Defense by those mem-
bers.
Deadline.
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(h) ADMINISTRATIVE SUPPORT.—(1) Each member of the task
force who is a member of the Armed Forces or a civilian officer
or employee of the United States shall serve without compensation
(other than compensation to which entitled as a member of the
Armed Forces or an officer or employee of the United States, as
the case may be). Other members of the task force shall be
appointed in accordance with, and subject to, section 3161 of title
5, United States Code.
(2) The Deputy Under Secretary of Defense for Personnel and
Readiness, under the direction of the Under Secretary of Defense
for Personnel and Readiness, shall provide oversight of the task
force. The Washington Headquarters Services of the Department
of Defense shall provide the task force with personnel, facilities,
and other administrative support as necessary for the performance
of the task force’s duties.
(3) The Deputy Under Secretary shall coordinate with the Sec-
retary of the Army to provide visits of the task force to the United
States Military Academy and with the Secretary of the Navy to
provide visits of the task force to the United States Naval Academy.
(i) TERMINATION.—The task force shall terminate 90 days after
the date on which the report of the task force is submitted to
the Committees on Armed Services of the Senate and House of
Representatives pursuant to subsection (d)(3).
SEC. 527. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE
AT THE SERVICE ACADEMIES.
(a) POLICY ON SEXUAL HARASSMENT AND VIOLENCE.—(1) Under
guidance prescribed by the Secretary of Defense—
(A) the Secretary of the Army shall direct the Super-
intendent of the United States Military Academy to prescribe
a policy on sexual harassment and violence applicable to the
personnel of the United States Military Academy;
(B) the Secretary of the Navy shall direct the Super-
intendent of the United States Naval Academy to prescribe
a policy on sexual harassment and violence applicable to the
personnel of the United States Naval Academy; and
(C) the Secretary of the Air Force shall direct the Super-
intendent of the United States Air Force Academy to prescribe
a policy on sexual harassment and violence applicable to the
personnel of the United States Air Force Academy.
(2) The policy on sexual harassment and violence prescribed
for an academy under paragraph (1) shall specify the following:
(A) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a criminal
nature that involve academy personnel.
(B) Procedures that a cadet or midshipman should follow
in the case of an occurrence of sexual harassment or violence,
including—
(i) a specification of the person or persons to whom
the alleged offense should be reported;
(ii) a specification of any other person whom the victim
should contact; and
(iii) procedures on the preservation of evidence poten-
tially necessary for proof of criminal sexual assault.
(C) Procedures for disciplinary action in cases of alleged
criminal sexual assault involving academy personnel.
10 USC 4331
note.
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(D) Any other sanction authorized to be imposed in a
substantiated case of harassment or violence involving academy
personnel in rape, acquaintance rape, or any other criminal
sexual offense, whether forcible or nonforcible.
(E) Required training on the policy for all academy per-
sonnel, including the specific training required for personnel
who process allegations of sexual harassment or violence
involving academy personnel.
(3) In prescribing the policy on sexual harassment and violence
for an academy under paragraph (1), the Superintendent of that
academy shall take into consideration—
(A) the findings, conclusions, and recommendations of the
panel established pursuant to title V of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108–11;
117 Stat. 609) to review sexual misconduct allegations at the
United States Air Force Academy; and
(B) the findings, conclusions, and recommendations of other
previous reviews and investigations of sexual harassment and
violence conducted with respect to one or more of the academies
covered by paragraph (1).
(4) The policy for each such academy required by paragraph
(1) shall be prescribed not later than June 1, 2004.
(b) ANNUAL
ASSESSMENT.—(1) The Secretary of Defense,
through the Secretaries of the military departments, shall direct
each Superintendent to conduct at the academy under the jurisdic-
tion of that Superintendent an assessment during each academy
program year to determine the effectiveness of the academy’s poli-
cies, training, and procedures on sexual harassment and violence
to prevent criminal sexual harassment and violence involving
academy personnel.
(2) For the assessment for each of the 2004, 2005, 2006, 2007,
and 2008 academy program years, the Superintendent shall conduct
a survey of all academy personnel—
(A) to measure—
(i) the incidence, during that program year, of sexual
harassment and violence events, on or off the academy
reservation, that have been reported to officials of the
academy; and
(ii) the incidence, in that program year, of sexual
harassment and violence events, on or off the academy
reservation, that have not been reported to officials of
the academy; and
(B) to assess the perceptions of academy personnel on—
(i) the policies, training, and procedures on sexual
harassment and violence involving academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and violence
involving academy personnel in such program year; and
(iv) any other issues relating to sexual harassment
and violence involving academy personnel.
(c) ANNUAL REPORT.—(1) The Secretary of the Army, the Sec-
retary of the Navy, and the Secretary of the Air Force shall direct
the Superintendent of the United States Military Academy, the
Superintendent of the United States Naval Academy, and the Super-
intendent of the United States Air Force Academy, respectively,
to submit to the Secretary a report on sexual harassment and
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117 STAT. 1470
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violence involving academy personnel for each of the 2004, 2005,
2006, 2007, and 2008 academy program years.
(2) The annual report for an academy under paragraph (1)
shall contain, for the academy program year covered by the report,
the following matters:
(A) The number of sexual assaults, rapes, and other sexual
offenses involving academy personnel that have been reported
to academy officials during the program year, and the number
of the reported cases that have been substantiated.
(B) The policies, procedures, and processes implemented
by the Secretary of the military department concerned and
the leadership of the academy in response to sexual harassment
and violence involving academy personnel during the program
year.
(C) In the report for the 2004 academy program year,
a discussion of the survey conducted under subsection (b),
together with an analysis of the results of the survey and
a discussion of any initiatives undertaken on the basis of such
results and analysis.
(D) In the report for each of the subsequent academy pro-
gram years, the results of the annual survey conducted in
such program year under subsection (b).
(E) A plan for the actions that are to be taken in the
following academy program year regarding prevention of and
response to sexual harassment and violence involving academy
personnel.
(3) The Secretary of a military department shall transmit the
annual report on an academy under this subsection, together with
the Secretary’s comments on the report, to the Secretary of Defense
and the Board of Visitors of the academy.
(4) The Secretary of Defense shall transmit the annual report
on each academy under this subsection, together with the Sec-
retary’s comments on the report to, the Committees on Armed
Services of the Senate and the House of Representatives.
(5) The report for the 2004 academy program year for an
academy shall be submitted to the Secretary of the military depart-
ment concerned not later than one year after the date of the
enactment of this Act.
(6) In this subsection, the term ‘‘academy program year’’ with
respect to a year, means the academy program year that ends
in that year.
SEC. 528. STUDY AND REPORT RELATED TO PERMANENT PROFESSORS
AT THE UNITED STATES AIR FORCE ACADEMY.
(a) SECRETARY OF AIR FORCE RECOMMENDATIONS.—Not later
than six months after the date of the enactment of the Act, the
Secretary of the Air Force shall submit to the Secretary of Defense
a report containing recommended changes in policy and law per-
taining to the selection, tenure, utilization, responsibilities, and
qualifications of the permanent professors at the Air Force
Academy.
(b) SECRETARY
OF DEFENSE RECOMMENDATIONS.—Not later
than one month after receiving the report of the Secretary of the
Air Force under subsection (a), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives the report received from the Secretary
Deadline.
Deadline.
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117 STAT. 1471
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of the Air Force, together with the recommendations of the Sec-
retary of Defense for action and proposals for legislation.
(c) MATTERS TO BE CONSIDERED BY SECRETARY OF AIR FORCE.—
The Secretary of the Air Force in preparing the report required
by subsection (a), shall, at a minimum, do the following:
(1) Conduct a comprehensive review and assessment of
the existing faculty system at the Air Force Academy, including
both civilian and military permanent professorships.
(2) Take into account the findings, conclusions, and rec-
ommendation regarding faculty and permanent professorships
at the Air Force Academy of—
(A) the report of the Panel to Review Sexual Mis-
conduct Allegations at the United States Air Force
Academy (referred to as the ‘‘Fowler Panel’’), dated Sep-
tember 22, 2003;
(B) the report released on June 19, 2003, of the special
working group appointed by the Secretary of the Air Force
known as the Working Group Concerning the Deterrence
of and Response to Incidents of Sexual Assault at the
U.S. Air Force Academy, which was led by the General
Counsel of the Department of the Air Force; and
(C) the Agenda for Change of the Air Force Academy
dated March 26, 2003.
(3) Solicit information regarding the faculty and permanent
professorship systems at the United States Naval Academy
and the United States Military Academy and consider that
information as part of the required assessment.
(4) Consult with experts on higher education outside the
Department of Defense.
SEC. 529. DEAN OF THE FACULTY OF THE UNITED STATES AIR FORCE
ACADEMY.
(a) AUTHORITY TO APPOINT DEAN FROM PERSONS OTHER THAN
AIR FORCE ACADEMY FACULTY HEADS
OF DEPARTMENTS.—Sub-
section (a) of section 9335 of title 10, United States Code, is
amended to read as follows:
‘‘(a) The Dean of the Faculty is responsible to the Super-
intendent for developing and sustaining the curriculum and over-
seeing the faculty of the Academy. The qualifications, selection
procedures, training, pay grade, and retention of the Dean shall
be prescribed by the Secretary of the Air Force. If a person
appointed as the Dean is not an officer on active duty, the person
shall be appointed as a member of the Senior Executive Service.’’.
(b) CONFORMING AMENDMENTS.—Subsection (b) of such section
is amended—
(1) in the first sentence—
(A) by striking ‘‘of the Air Force’’ and inserting ‘‘on
active duty’’; and
(B) by inserting ‘‘(or the equivalent)’’ after ‘‘brigadier
general’’ both places it appears; and
(2) in the last sentence—
(A) by inserting ‘‘applicable’’ before ‘‘limitation’’; and
(C) by striking ‘‘of the Air Force’’.
(c) STATUTORY STATUS AS PERMANENT PROFESSOR.—(1) Section
9331(b)(2) of such title is amended by striking ‘‘dean of the Faculty,
who is a permanent professor’’ and inserting ‘‘Dean of the Faculty’’.
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117 STAT. 1472
PUBLIC LAW 108–136—NOV. 24, 2003
(2) Section 9336(a) of such title is amended by striking ‘‘,
other than the Dean of the Faculty,’’.
(d) APPLICABILITY.—The amendments made by this section shall
apply with respect to any Dean of the Faculty of the United States
Air Force Academy selected on or after the date of the enactment
of this Act.
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.
(a) AUTHORITY.—Section 7102 of title 10, United States Code,
is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) COMMAND
AND STAFF COLLEGE
OF
THE MARINE CORPS
UNIVERSITY.—Upon the recommendation of the Director and faculty
of the Command and Staff College of the Marine Corps University,
the President of the Marine Corps University may confer the degree
of master of operational studies upon graduates of the Command
and Staff College’s School of Advanced Warfighting who fulfill the
requirements for that degree.’’.
(b) EFFECTIVE DATE.—The authority to confer the degree of
master of operational studies under section 7102(c) of title 10,
United States Code (as added by subsection (a)) may not be exer-
cised until the Secretary of Education determines, and certifies
to the President of the Marine Corps University, that the require-
ments established by the Command and General Staff College of
the Marine Corps University for that degree are in accordance
with generally applicable requirements for a degree of master of
arts.
SEC. 532. AUTHORIZATION FOR NAVAL POSTGRADUATE SCHOOL TO
PROVIDE 
INSTRUCTION 
TO 
ENLISTED 
MEMBERS
PARTICIPATING IN CERTAIN PROGRAMS.
(a) EXPANDED ELIGIBILITY
FOR ENLISTED PERSONNEL.—Sub-
section (a)(2) of section 7045 of title 10, United States Code, is
amended to read as follows:
‘‘(2)(A) The Secretary may permit an enlisted member of the
armed forces to receive instruction at the Naval Postgraduate School
through attendance at an executive level seminar.
‘‘(B) The Secretary may permit an eligible enlisted member
of the armed forces to receive instruction at the Postgraduate School
in connection with pursuit of a program of education in information
assurance as a participant in the Information Security Scholarship
program under chapter 112 of this title. To be eligible for instruction
under this subparagraph, the enlisted member must have been
awarded a baccalaureate degree by an institution of higher edu-
cation.
‘‘(C) In addition to instruction authorized under subparagraphs
(A) and (B), the Secretary may, on a space-available basis, permit
10 USC 7102
note.
10 USC 9331
note.
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PUBLIC LAW 108–136—NOV. 24, 2003
an enlisted member of the armed forces who is assigned perma-
nently to the staff of the Postgraduate School or to a nearby com-
mand to receive instruction at the Postgraduate School.’’.
(b) REIMBURSEMENT.—Subsection (b) of such section is
amended—
(1) by striking ‘‘The Department’’ and inserting ‘‘(1) Except
as provided under paragraph (3), the Department’’;
(2) by striking ‘‘officers’’ in the first sentence and inserting
‘‘members’’;
(3) by designating the second sentence as paragraph (2)
and in that sentence—
(A) by inserting ‘‘under subsection (a)(2)(C)’’ after ‘‘per-
mitted’’;
(B) by inserting ‘‘on a space-available basis’’ after
‘‘instruction at the Postgraduate School’’; and
(C) by striking ‘‘(taking into consideration the admis-
sion of enlisted members on a space-available basis)’’; and
(4) by adding at the end the following new paragraph:
‘‘(3) The requirements for payment of costs and fees under
paragraph (1) shall be subject to such exceptions as the Secretary
of Defense may prescribe for members of the armed forces who
receive instruction at the Postgraduate School in connection with
pursuit of a degree or certification as participants in the Information
Security Scholarship program under chapter 112 of this title.’’.
SEC. 533. COST REIMBURSEMENT REQUIREMENTS FOR PERSONNEL
RECEIVING INSTRUCTION AT THE AIR FORCE INSTITUTE
OF TECHNOLOGY.
(a) REIMBURSEMENT FROM OTHER SERVICES.—Section 9314 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
‘‘(c) REIMBURSEMENT.—(1) The Department of the Army, the
Department of the Navy, and the Department of Homeland Security
shall bear the cost of the instruction at the Air Force Institute
of Technology that is received by members of the armed forces
detailed for that instruction by the Secretaries of the Army, Navy,
and Homeland Security, respectively.
‘‘(2) Members of the Army, Navy, Marine Corps, and Coast
Guard may only be detailed for instruction at the Institute on
a space-available basis.
‘‘(3) In the case of an enlisted member of the Army, Navy,
Marine Corps, and Coast Guard permitted to receive instruction
at the Institute, the Secretary of the Air Force shall charge that
member only for such costs and fees as the Secretary considers
appropriate (taking into consideration the admission of enlisted
members on a space-available basis).’’.
(b) STYLISTIC AMENDMENTS.—(1) Subsection (a) of such section
is amended by inserting ‘‘AUTHORITY TO CONFER DEGREES.—’’ after
‘‘(a)’’.
(2) Subsection (b) of such section is amended by inserting
‘‘CIVILIAN FACULTY.—’’ after ‘‘(b)’’.
(c) CLARIFYING AMENDMENT.—Subsection (a) of such section
is further amended—
(1) by striking ‘‘When the’’ and all that follows through
‘‘the Commander’’ and inserting ‘‘(1) The Commander’’;
(2) by striking ‘‘that Institute’’ and inserting ‘‘the United
States Air Force Institute of Technology’’; and
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117 STAT. 1474
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(3) by adding at the end the following new paragraph:
‘‘(2) The authority under this subsection to confer a degree
is effective only during a period when the United States Air Force
Institute of Technology is accredited with respect to the award
of that degree by a nationally recognized accreditation association
or authority.’’.
SEC. 534. INCLUSION OF ACCRUED INTEREST IN AMOUNTS THAT MAY
BE 
REPAID 
UNDER 
SELECTED 
RESERVE 
CRITICAL
SPECIALTIES EDUCATION LOAN REPAYMENT PROGRAM.
Section 16301 of title 10, United States Code, is amended—
(1) in subsection (b), by inserting before the period at
the end the following: ‘‘, plus the amount of any interest that
may accrue during the current year’’; and
(2) in subsection (c), by adding at the end the following
new sentence: ‘‘For the purposes of this section, any interest
that has accrued on the loan for periods before the current
year shall be considered as within the total loan amount that
shall be repaid.’’.
SEC. 535. FUNDING OF EDUCATION ASSISTANCE ENLISTMENT INCEN-
TIVES TO FACILITATE NATIONAL SERVICE THROUGH
DEPARTMENT OF DEFENSE EDUCATION BENEFITS FUND.
(a) IN GENERAL.—Subsection (j) of section 510 of title 10, United
States Code, is amended to read as follows:
‘‘(j) FUNDING.—(1) Amounts for the payment of incentives under
paragraphs (1) and (2) of subsection (e) shall be derived from
amounts available to the Secretary of the military department
concerned for the payment of pay, allowances and other expenses
of the members of the armed force concerned.
‘‘(2) Amounts for the payment of incentives under paragraphs
(3) and (4) of subsection (e) shall be derived from the Department
of Defense Education Benefits Fund under section 2006 of this
title.’’.
(b) CONFORMING AMENDMENTS.—Section 2006(b) of such title
is amended—
(1) in paragraph (1), by inserting ‘‘paragraphs (3) and (4)
of section 510(e) and’’ after ‘‘Department of Defense benefits
under’’; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(E) The present value of future benefits payable from
the Fund for educational assistance under paragraphs (3)
and (4) of section 510(e) of this title to persons who during
such period become entitled to such assistance.’’.
SEC. 536. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BEN-
EFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR
FISCAL YEAR 2004.—Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for
Defense-wide activities, $30,000,000 shall be available only for the
purpose of providing educational agencies assistance to local edu-
cational agencies.
(b) NOTIFICATION.—Not later than June 30, 2004, the Secretary
of Defense shall notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 2004 of—
Deadline.
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(1) that agency’s eligibility for the assistance; and
(2) the amount of the assistance for which that agency
is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall
disburse funds made available under subsection (a) not later than
30 days after the date on which notification to the eligible local
educational agencies is provided pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’ means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 20 U.S.C. 7703 note).
(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 8013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 537. IMPACT AID ELIGIBILITY FOR HEAVILY IMPACTED LOCAL
EDUCATIONAL AGENCIES AFFECTED BY PRIVATIZATION
OF MILITARY HOUSING.
(a) TRANSITION.—Section 8003(b)(2)(H) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(H)) is
amended by striking clauses (i) and (ii) and inserting the following:
‘‘(i) ELIGIBILITY.—For any fiscal year, a heavily
impacted local educational agency that received a basic
support payment under this paragraph for the prior
fiscal year, but is ineligible for such payment for the
current fiscal year under subparagraph (B), (C), (D),
or (E), as the case may be, by reason of the conversion
of military housing units to private housing described
in clause (iii), shall be deemed to meet the eligibility
requirements under subparagraph (B) or (C), as the
case may be, for the period during which the housing
units are undergoing such conversion.
‘‘(ii) AMOUNT OF PAYMENT.—The amount of a pay-
ment to a heavily impacted local educational agency
for a fiscal year by reason of the application of clause
(i), and calculated in accordance with subparagraph
(D) or (E), as the case may be, shall be based on
the number of children in average daily attendance
in the schools of such agency for the fiscal year and
under the same provisions of subparagraph (D) or (E)
under which the agency was paid during the prior
fiscal year.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect beginning with basic support payments under
section 8003(b)(2) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(b)(2)) for fiscal year 2003.
Subtitle D—Administrative Matters
SEC. 541. HIGH-TEMPO PERSONNEL MANAGEMENT AND ALLOWANCE.
(a) DEPLOYMENT MANAGEMENT.—Subsection (a) of section 991
of title 10, United States Code, is amended to read as follows:
‘‘(a) MANAGEMENT RESPONSIBILITIES.—(1) The deployment (or
potential deployment) of a member of the armed forces shall be
managed to ensure that the member is not deployed, or continued
20 USC 7703
note.
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in a deployment, on any day on which the total number of days
on which the member has been deployed—
‘‘(A) out of the preceding 365 days would exceed the one-
year high-deployment threshold; or
‘‘(B) out of the preceding 730 days would exceed the two-
year high-deployment threshold.
‘‘(2) In this subsection:
‘‘(A) 
The 
term 
‘one-year 
high-deployment 
threshold’
means—
‘‘(i) 220 days; or
‘‘(ii) a lower number of days prescribed by the Secretary
of Defense, acting through the Under Secretary of Defense
for Personnel and Readiness.
‘‘(B) The term ‘two-year high-deployment threshold’
means—
‘‘(i) 400 days; or
‘‘(ii) a lower number of days prescribed by the Secretary
of Defense, acting through the Under Secretary of Defense
for Personnel and Readiness.
‘‘(3) A member may be deployed, or continued in a deployment,
without regard to paragraph (1) if the deployment, or continued
deployment, is approved by the Secretary of Defense. The authority
of the Secretary under the preceding sentence may only be delegated
to—
‘‘(A) a civilian officer of the Department of Defense
appointed by the President, by and with the advise and consent
of the Senate, or a member of the Senior Executive Service;
or
‘‘(B) a general or flag officer in that member’s chain of
command (including an officer in the grade of colonel, or in
the case of the Navy, captain, serving in a general or flag
officer position who has been selected for promotion to the
grade of brigadier general or rear admiral (lower half) in a
report of a selection board convened under section 611(a) or
14101(a) of this title that has been approved by the President).’’.
(b) CHANGES FROM PER DIEM TO HIGH-DEPLOYMENT ALLOW-
ANCE.—(1) Subsection (a) of section 436 of title 37, United States
Code, is amended to read as follows:
‘‘(a) MONTHLY ALLOWANCE.—The Secretary of the military
department concerned shall pay a high-deployment allowance to
a member of the armed forces under the Secretary’s jurisdiction
for each month during which the member—
‘‘(1) is deployed; and
‘‘(2) at any time during that month—
‘‘(A) has been deployed for 191 or more consecutive
days (or a lower number of consecutive days prescribed
by the Secretary of Defense, acting through the Under
Secretary of Defense for Personnel and Readiness);
‘‘(B) has been deployed, out of the preceding 730 days,
for a total of 401 or more days (or a lower number of
days prescribed by the Secretary of Defense, acting through
the Under Secretary of Defense for Personnel and Readi-
ness); or
‘‘(C) in the case of a member of a reserve component,
is on active duty—
‘‘(i) under a call or order to active duty for a
period of more than 30 days that is the second (or
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later) such call or order to active duty (whether vol-
untary or involuntary) for that member in support
of the same contingency operation; or
‘‘(ii) for a period of more than 30 days under a
provision of law referred to in section 101(a)(13)(B)
of title 10, if such period begins within one year after
the date on which the member was released from pre-
vious service on active duty for a period of more than
30 days under a call or order issued under such a
provision of law.’’.
(2) Subsection (c) of such section is amended to read as follows:
‘‘(c) RATE.—The monthly rate of the allowance payable to a
member under this section shall be determined by the Secretary
concerned, not to exceed $1,000 per month.’’.
(3) Such section is further amended by adding at the end
the following new subsections:
‘‘(g) AUTHORITY TO EXCLUDE CERTAIN DUTY ASSIGNMENTS.—
The Secretary concerned may exclude members serving in specified
duty assignments from eligibility for the high-deployment allowance
while serving in those assignments. Any such specification of duty
assignments may only be made with the approval of the Secretary
of Defense, acting through the Under Secretary of Defense for
Personnel and Readiness. Specification of a particular duty assign-
ment for purposes of this subsection may not be implemented so
as to apply to the member serving in that position at the time
of such specification.
‘‘(h) PAYMENT FROM OPERATION AND MAINTENANCE FUNDS.—
The monthly allowance payable to a member under this section
shall be paid from appropriations available for operation and
maintenance for the armed force in which the member serves.’’.
(4) Such section is further amended—
(A) in subsection (d), by striking ‘‘per diem’’;
(B) in subsection (e), by striking ‘‘per diem’’ and inserting
‘‘allowance’’; and
(C) in subsection (f)—
(i) by striking ‘‘per diem’’ and inserting ‘‘allowance’’;
and
(ii) by striking ‘‘day on which’’ and inserting ‘‘month
during which’’.
(5)(A) The heading of such section is amended to read as
follows:
‘‘§ 436. High-deployment allowance: lengthy or numerous
deployments; frequent mobilizations’’.
(B) The item relating to such section in the table of sections
at the beginning of chapter 7 of such title is amended to read
as follows:
‘‘436. High-deployment allowance: lengthy or numerous deployments; frequent mobi-
lizations.’’.
(c) CHANGES TO REPORTING REQUIREMENT.—Section 487(b)(5)
of title 10, United States Code, is amended to read as follows:
‘‘(5) For each of the armed forces, the description shall indicate,
for the period covered by the report—
‘‘(A) the number of members who received the high-deploy-
ment allowance under section 436 of title 37;
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‘‘(B) the number of members who received each rate of
allowance paid;
‘‘(C) the number of members who received the allowance
for one month, for two months, for three months, for four
months, for five months, for six months, and for more than
six months; and
‘‘(D) the total amount spent on the allowance.’’.
SEC. 542. ENHANCED RETENTION OF ACCUMULATED LEAVE FOR HIGH-
DEPLOYMENT MEMBERS.
(a) ENHANCED AUTHORITY TO RETAIN ACCUMULATED LEAVE.—
Paragraph (1) of section 701(f) of title 10, United States Code,
is amended to read as follows:
‘‘(f)(1)(A) The Secretary concerned, under uniform regulations
to be prescribed by the Secretary of Defense, may authorize a
member described in subparagraph (B) who, except for this para-
graph, would lose any accumulated leave in excess of 60 days
at the end of the fiscal year, to retain an accumulated total of
120 days leave.
‘‘(B) This subsection applies to a member who serves on active
duty for a continuous period of at least 120 days—
‘‘(i) in an area in which the member is entitled to special
pay under section 310(a) of title 37; or
‘‘(ii) while assigned to a deployable ship or mobile unit
or to other duty comparable to that specified in clause (i)
that is designated for the purpose of this subsection.
‘‘(C) Except as provided in paragraph (2), leave in excess of
60 days accumulated under this paragraph is lost unless it is
used by the member before the end of the third fiscal year after
the fiscal year in which the continuous period of service referred
to in subparagraph (B) terminated.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2003, or the date of the enactment
of this Act, whichever is later.
SEC. 543. STANDARDIZATION OF STATUTORY AUTHORITIES FOR
EXEMPTIONS FROM REQUIREMENT FOR ACCESS TO SEC-
ONDARY SCHOOLS BY MILITARY RECRUITERS.
(a) CONSISTENCY WITH ELEMENTARY
AND SECONDARY EDU-
CATION ACT OF 1965.—Paragraph (5) of section 503(c) of title 10,
United States Code, is amended by striking ‘‘apply to—’’ and all
that follows through ‘‘school which’’ and inserting ‘‘apply to a private
secondary school that’’.
(b) CORRECTION OF CROSS REFERENCE.—Paragraph (6)(A)(i) of
such section is amended by striking ‘‘14101’’ and ‘‘8801’’ and
inserting ‘‘9101’’ and ‘‘7801’’, respectively.
SEC. 544. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR
AWARD OF THE PURPLE HEART MEDAL TO VETERANS
HELD AS PRISONERS OF WAR BEFORE APRIL 25, 1962.
Section 521 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 309; 10 U.S.C. 1129
note) is amended by adding at the end the following new subsection:
‘‘(d) PROCEDURES
FOR AWARD.—In determining whether a
former prisoner of war who submits an application for the award
of the Purple Heart under subsection (a) is eligible for that award,
the Secretary concerned shall apply the following procedures:
10 USC 701 note.
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‘‘(1) Failure of the applicant to provide any documentation
as required by the Secretary shall not in itself disqualify the
application from being considered.
‘‘(2) In evaluating the application, the Secretary shall con-
sider (A) historical information as to the prison camp or other
circumstances in which the applicant was held captive, and
(B) the length of time that the applicant was held captive.
‘‘(3) To the extent that information is readily available,
the Secretary shall assist the applicant in obtaining information
or identifying the sources of information referred to in para-
graph (2).
‘‘(4) The Secretary shall review a completed application
under this section based upon the totality of the information
presented, taking into account the length of time between the
period during which the applicant was held as a prisoner of
war and the date of the application.’’.
SEC. 545. AUTHORITY FOR RESERVE AND RETIRED REGULAR OFFI-
CERS TO HOLD STATE AND LOCAL OFFICE NOTWITH-
STANDING CALL TO ACTIVE DUTY.
Section 973(b) of title 10, United States Code, is amended—
(1) by redesignating paragraph (4) as paragraph (5);
(2) in paragraph (3)—
(A) by inserting ‘‘by reason of subparagraph (A) of
paragraph (1)’’ after ‘‘applies’’; and
(B) by striking ‘‘, the District of Columbia,’’ and all
that follows through ‘‘such government)’’ and inserting ‘‘(or
of any political subdivision of a State)’’; and
(3) by inserting after paragraph (3) the following new para-
graph (4):
‘‘(4)(A) An officer to whom this subsection applies by reason
of subparagraph (B) or (C) of paragraph (1) may not hold, by
election or appointment, a civil office in the government of a State
(or of any political subdivision of a State) if the holding of such
office while this subsection so applies to the officer—
‘‘(i) is prohibited under the laws of that State; or
‘‘(ii) as determined by the Secretary of Defense or by the
Secretary of Homeland Security with respect to the Coast Guard
when it is not operating as a service in the Navy, interferes
with the performance of the officer’s duties as an officer of
the armed forces.
‘‘(B) Except as otherwise authorized by law, while an officer
referred to in subparagraph (A) is serving on active duty, the
officer may not exercise the functions of a civil office held by
the officer as described in that subparagraph.’’; and
(4) by adding at the end the following:
‘‘(6) In this subsection, the term ‘State’ includes the District
of Columbia and a territory, possession, or commonwealth of the
United States.’’.
SEC. 546. POLICY ON PUBLIC IDENTIFICATION OF CASUALTIES.
(a) REQUIREMENT FOR POLICY.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall prescribe the policy of the Department of Defense on public
release of the name or other personally identifying information
of any member of the Army, Navy, Air Force, or Marine Corps
who while on active duty or performing inactive-duty training is
Deadline.
10 USC 113 note.
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killed or injured, whose duty status becomes unknown, or who
is otherwise considered to be a casualty.
(b) GUIDANCE ON TIMING OF RELEASE.—The policy under sub-
section (a) shall include guidance for ensuring that any public
release of information on a member under the policy occurs only
after the lapse of an appropriate period following notification of
the next-of-kin regarding the casualty status of such member.
SEC. 547. SPACE PERSONNEL CAREER FIELDS.
(a) STRATEGY
REQUIRED.—The Secretary of Defense shall
develop a strategy for the Department of Defense that will—
(1) promote the development of space personnel career
fields within each of the military departments; and
(2) ensure that the space personnel career fields developed
by the military departments are integrated with each other
to the maximum extent practicable.
(b) REPORT.—Not later than February 1, 2004, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the strategy developed
under subsection (a). The report shall include the following:
(1) A statement of the strategy developed under subsection
(a), together with an explanation of that strategy.
(2) An assessment of the measures required for the Depart-
ment of Defense and the military departments to integrate
the space personnel career fields of the military departments.
(3) A comprehensive assessment of the adequacy of the
actions of the Secretary of Air Force pursuant to section 8084
of title 10, United States Code, to establish for Air Force
officers a career field for space.
(c) GENERAL ACCOUNTING OFFICE REVIEW AND REPORTS.—(1)
The Comptroller General shall review the strategy developed under
subsection (a) and the status of efforts by the military departments
in developing space personnel career fields.
(2) The Comptroller General shall submit to the committees
referred to in subsection (b) two reports on the review under para-
graph (1), as follows:
(A) Not later than June 15, 2004, the Comptroller General
shall submit a report that assesses how effective that Depart-
ment of Defense strategy and the efforts by the military depart-
ments, when implemented, are likely to be for developing the
personnel required by each of the military departments who
are expert in development of space doctrine and concepts of
space operations, the development of space systems, and oper-
ation of space systems.
(B) Not later than March 15, 2005, the Comptroller General
shall submit a report that assesses, as of the date of the
report—
(i) the effectiveness of that Department of Defense
strategy and the efforts by the military departments in
developing the personnel required by each of the military
departments who are expert in development of space doc-
trine and concepts of space operations, the development
of space systems, and in operation of space systems; and
(ii) progress made in integrating the space career fields
of the military departments.
Deadline.
Deadline.
Deadline.
10 USC 2271
note.
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117 STAT. 1481
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 548. DEPARTMENT OF DEFENSE JOINT ADVERTISING, MARKET
RESEARCH, AND STUDIES PROGRAM.
(a) PROGRAM AUTHORIZED.—The Secretary of Defense may carry
out a joint advertising, market research, and studies program to
complement the recruiting advertising programs of the military
departments and improve the ability of the military departments
to attract and recruit qualified individuals to serve in the Armed
Forces.
(b) FUNDING.—Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance for Defense-wide
activities, $7,500,000 may be made available to carry out the joint
advertising, market research, and studies program.
SEC. 549. LIMITATION ON FORCE STRUCTURE REDUCTIONS IN NAVAL
AND MARINE CORPS RESERVE AVIATION SQUADRONS.
The Secretary of the Navy may not reduce or disestablish
a Naval Reserve or Marine Corps Reserve aviation squadron before
February 1, 2004.
Subtitle E—Military Justice Matters
SEC. 551. EXTENDED LIMITATION PERIOD FOR PROSECUTION OF
CHILD ABUSE CASES IN COURTS-MARTIAL.
Subsection (b) of section 843 of title 10, United States Code
(article 43 of the Uniform Code of Military Justice), is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2)(A) A person charged with having committed a child abuse
offense against a child is liable to be tried by court-martial if
the sworn charges and specifications are received before the child
attains the age of 25 years by an officer exercising summary court-
martial jurisdiction with respect to that person.
‘‘(B) In subparagraph (A), the term ‘child abuse offense’ means
an act that involves sexual or physical abuse of a person who
has not attained the age of 16 years and constitutes any of the
following offenses:
‘‘(i) Rape or carnal knowledge in violation of section 920
of this title (article 120).
‘‘(ii) Maiming in violation of section 924 of this title (article
124).
‘‘(iii) Sodomy in violation of section 925 of this title (article
126).
‘‘(iv) Aggravated assault or assault consummated by a bat-
tery in violation of section 928 of this title (article 128).
‘‘(v) Indecent assault, assault with intent to commit murder,
voluntary manslaughter, rape, or sodomy, or indecent acts or
liberties with a child in violation of section 934 of this title
(article 134).’’.
SEC. 552. CLARIFICATION OF BLOOD ALCOHOL CONTENT LIMIT FOR
THE OFFENSE UNDER THE UNIFORM CODE OF MILITARY
JUSTICE OF DRUNKEN OPERATION OF A VEHICLE, AIR-
CRAFT, OR VESSEL.
Section 911 of title 10, United States Code (article 111 of
the Uniform Code of Military Justice), is amended—
10 USC 503.
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(1) in subsection (a)(2), by striking ‘‘is in excess of’’ and
inserting ‘‘is equal to or exceeds’’; and
(2) in subsection (b)—
(A) in paragraph (1), by striking subparagraph (A)
and inserting the following:
‘‘(A) In the case of the operation or control of a vehicle,
aircraft, or vessel in the United States, such limit is the lesser
of—
‘‘(i) the blood alcohol content limit under the law of
the State in which the conduct occurred, except as may
be provided under paragraph (2) for conduct on a military
installation that is in more than one State; or
‘‘(ii) the blood alcohol content limit specified in para-
graph (3).’’;
(B) in paragraphs (1)(B) and (3), by striking ‘‘max-
imum’’; and
(C) in paragraph (4)(A), by striking ‘‘maximum permis-
sible’’ and all that follows through the period at the end
and inserting ‘‘amount of alcohol concentration in a person’s
blood or breath at which operation or control of a vehicle,
aircraft, or vessel is prohibited.’’.
Subtitle F—Benefits
SEC. 561. ADDITIONAL CLASSES OF INDIVIDUALS ELIGIBLE TO
PARTICIPATE IN THE FEDERAL LONG-TERM CARE INSUR-
ANCE PROGRAM.
(a) CERTAIN
EMPLOYEES
OF
THE
DISTRICT
OF
COLUMBIA
GOVERNMENT.—Section 9001(1) of title 5, United States Code, is
amended by striking ‘‘2105(c),’’ and all that follows and inserting
‘‘2105(c).’’.
(b) FORMER FEDERAL EMPLOYEES WHO WOULD BE ELIGIBLE
TO BEGIN RECEIVING AN ANNUITY UPON ATTAINING THE REQUISITE
MINIMUM AGE.—Section 9001(2) of title 5, United States Code,
is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at the end;
(2) in subparagraph (B), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(C) any former employee who, on the basis of his
or her service, would meet all requirements for being
considered an ‘annuitant’ within the meaning of subchapter
III of chapter 83, chapter 84, or any other retirement
system for employees of the Government, but for the fact
that such former employee has not attained the minimum
age for title to annuity.’’.
(c) RESERVISTS TRANSFERRED TO THE RETIRED RESERVE WHO
ARE UNDER AGE 60.—Section 9001(4) of title 5, United States
Code, is amended by striking ‘‘including’’ and all that follows
through ‘‘who has’’ and inserting ‘‘and a member who has been
transferred to the Retired Reserve and who would be entitled to
retired pay under chapter 1223 of title 10 but for not having’’.
(d) REFERENCE AMENDMENT.—Section 9001(2)(A) of title 5,
United States Code, as amended by subsection (b), is further
amended by striking ‘‘of this subsection’’.
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SEC. 562. AUTHORITY TO TRANSPORT REMAINS OF RETIREES AND
RETIREE DEPENDENTS WHO DIE IN MILITARY TREAT-
MENT FACILITIES.
(a) AUTHORIZED TRANSPORTATION.—Section 1490 of title 10,
United States Code, is amended—
(1) in subsection (a), by striking ‘‘located in the United
States’’; and
(2) in subsection (b)(1), by striking ‘‘outside the United
States or to a place’’.
(b) CONFORMING AMENDMENT.—Subsection (c) of such section
is amended to read as follows:
‘‘(c) DEFINITION
OF DEPENDENT.—In this section, the term
‘dependent’ has the meaning given such term in section 1072(2)
of this title.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply only with respect to persons dying on or after the
date of the enactment of this Act.
SEC. 563. ELIGIBILITY FOR DEPENDENTS OF CERTAIN MOBILIZED
RESERVISTS 
STATIONED 
OVERSEAS 
TO 
ATTEND
DEFENSE DEPENDENTS SCHOOLS OVERSEAS.
(a) TUITION STATUS PARITY WITH DEPENDENTS
OF OTHER
RESERVISTS.—Section 1404(c) of the Defense Dependents’ Education
Act of 1978 (20 U.S.C. 923(c)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2)(A) The Secretary shall include in the regulations prescribed
under this subsection a requirement that children in the class
of children described in subparagraph (B) shall be subject to the
same tuition requirements, or waiver of tuition requirements, as
children in the class of children described in subparagraph (C).
‘‘(B) The class of children described in this subparagraph are
children of members of reserve components of the Armed Forces
who—
‘‘(i) are on active duty under an order to active duty under
section 12301 or 12302 of title 10, United States Code;
‘‘(ii) were ordered to active duty from a location in the
United States (other than in Alaska or Hawaii); and
‘‘(iii) are serving on active duty outside the United States
or in Alaska or Hawaii.
‘‘(C) The class of children described in this subparagraph are
children of members of reserve components of the Armed Forces
who—
‘‘(i) are on active duty under an order to active duty under
section 12301 or 12302 of title 10, United States Code;
‘‘(ii) were ordered to active duty from a location outside
the United States (or in Alaska or Hawaii); and
‘‘(iii) are serving on active duty outside the United States
or in Alaska or Hawaii.’’.
(b) CLERICAL AMENDMENT.—The heading of such section is
amended to read as follows:
Applicability.
10 USC 1490
note.
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‘‘SPACE-AVAILABLE ENROLLMENT OF STUDENTS; TUITION’’.
Subtitle G—Domestic Violence
SEC. 571. TRAVEL AND TRANSPORTATION FOR DEPENDENTS RELO-
CATING FOR REASONS OF PERSONAL SAFETY.
Section 406(h) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(4)(A) If a determination described in subparagraph (B) is
made with respect to a dependent of a member described in that
subparagraph and a request described in subparagraph (C) is made
by or on behalf of that dependent, the Secretary may provide
a benefit authorized for a member under paragraph (1) or (3)
to that dependent in lieu of providing such benefit to the member.
‘‘(B) A determination described in this subparagraph is a deter-
mination by the commanding officer of a member that—
‘‘(i) the member has committed a dependent-abuse offense
against a dependent of the member;
‘‘(ii) a safety plan and counseling have been provided to
that dependent;
‘‘(iii) the safety of the dependent is at risk; and
‘‘(iv) the relocation of the dependent is advisable.
‘‘(C) A request described in this subparagraph is a request
by the spouse of a member, or by the parent of a dependent
child in the case of a dependent child of a member, for relocation.
‘‘(D) Transportation may be provided under this paragraph
for household effects or a motor vehicle only if a written agreement
of the member, or an order of a court of competent jurisdiction,
gives possession of the effects or vehicle to the spouse or dependent
of the member concerned.
‘‘(E) In this paragraph, the term ‘dependent-abuse offense’
means an offense described in section 1059(c) of title 10.’’.
SEC. 572. COMMENCEMENT AND DURATION OF PAYMENT OF TRANSI-
TIONAL COMPENSATION.
(a) COMMENCEMENT.—Paragraph (1)(A) of section 1059(e) of
title 10, United States Code, is amended by striking ‘‘shall com-
mence’’ and all that follows and inserting ‘‘shall commence—
‘‘(i) as of the date the court-martial sentence is
adjudged if the sentence, as adjudged, includes a dismissal,
dishonorable discharge, bad conduct discharge, or forfeiture
of all pay and allowances; or
‘‘(ii) if there is a pretrial agreement that provides for
disapproval or suspension of the dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay
and allowances, as of the date of the approval of the court-
martial sentence by the person acting under section 860(c)
of this title (article 60(c) of the Uniform Code of Military
Justice) if the sentence, as approved, includes an
unsuspended dismissal, dishonorable discharge, bad con-
duct discharge, or forfeiture of all pay and allowances;
and’’.
(b) DURATION.—(1) Paragraph (2) of such section is amended
by striking ‘‘a period of 36 months’’ and all that follows through
‘‘12 months’’ and inserting ‘‘a period of not less than 12 months
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117 STAT. 1485
PUBLIC LAW 108–136—NOV. 24, 2003
and not more than 36 months, as established in policies prescribed
by the Secretary concerned’’.
(2) Policies under subsection (e)(2) of section 1059 of title 10,
United States Code, as amended by paragraph (1), for the duration
of transitional compensation payments under that section shall
be prescribed under such subsection not later than six months
after the date of the enactment of this Act.
(c) TERMINATION.—Paragraph (3)(A) of such section is amended
by striking ‘‘punishment applicable to the member under the sen-
tence is remitted, set aside, or mitigated’’ and inserting ‘‘conviction
is disapproved by the person acting under section 860(c) of this
title (article 60(c) of the Uniform Code of Military Justice) or set
aside, or each such punishment applicable to the member under
the sentence is disapproved by the person acting under section
860(c) of this title, remitted, set aside, suspended, or mitigated’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply only with respect to cases in which a court-martial
sentence is adjudged on or after the date of the enactment of
this Act.
SEC. 573. EXCEPTIONAL ELIGIBILITY FOR TRANSITIONAL COMPENSA-
TION.
(a) AUTHORITY.—Section 1059 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(m) EXCEPTIONAL ELIGIBILITY FOR DEPENDENTS OF FORMER
MEMBERS.—(1) The Secretary concerned, under regulations pre-
scribed under subsection (k), may authorize eligibility for benefits
under this section for dependents and former dependents of a former
member of the armed forces in a case in which the dependents
or former dependents are not otherwise eligible for such benefits
and the Secretary concerned determines that the former member
engaged in conduct that is a dependent-abuse offense under this
section and the former member was separated from active duty
other than as described in subsection (b).
‘‘(2) In a case in which the Secretary concerned, under the
authority of paragraph (1), authorizes benefits to be provided under
this section, such benefits shall be provided in the same manner
as if the former member were an individual described in subsection
(b), except that, under regulations prescribed under subsection (k),
the Secretary shall make such adjustments to the commencement
and duration of payment provisions of subsection (e), and may
make adjustments to other provisions of this section, as the Sec-
retary considers necessary in light of the circumstances in order
to provide benefits substantially equivalent to the benefits provided
in the case of an individual described in subsection (b).
‘‘(3) The authority of the Secretary concerned under paragraph
(1) may not be delegated.’’.
(b) EFFECTIVE DATE.—The authority under subsection (m) of
section 1059 of title 10, United States Code, as added by subsection
(a), may be exercised with respect to eligibility for benefits under
that section only for dependents and former dependents of individ-
uals who are separated from active duty in the Armed Forces
on or after the date of the enactment of this Act.
10 USC 1059
note.
Applicability.
10 USC 1059
note.
10 USC 1059.
10 USC 1059
note.
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PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 574. TYPES OF ADMINISTRATIVE SEPARATIONS TRIGGERING COV-
ERAGE.
Section 1059(b)(2) of title 10, United States Code, is amended
by inserting ‘‘, voluntarily or involuntarily,’’ after ‘‘administratively
separated’’.
SEC. 575. COMPTROLLER GENERAL REVIEW AND REPORT.
(a) REVIEW.—During the two-year period beginning on the date
of the enactment of this Act, the Comptroller General shall review
and assess the progress of the Department of Defense in imple-
menting the recommendations of the Defense Task Force on
Domestic Violence. In reviewing the status of the Department’s
efforts, the Comptroller General should specifically focus on—
(1) the efforts of the Department to ensure confidentiality
for victims and accountability and education of commanding
officers and chaplains; and
(2) the resources that the Department of Defense has pro-
vided toward such implementation, including personnel, facili-
ties, and other administrative support, in order to ensure that
necessary resources are provided to the organization within
the Office of the Secretary of Defense with direct responsibility
for oversight of implementation by the military departments
of recommendations of the Task Force in order for that
organization to carry out its duties and responsibilities.
(b) REPORT.—The Comptroller General shall submit to the Com-
mittee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
results of the review and assessment under subsection (a) not
later than 30 months after the date of the enactment of this Act.
SEC. 576. FATALITY REVIEWS.
(a) ARMY.—(1) Part II of subtitle B of title 10, United States
Code, is amended by adding at the end the following new chapter:
‘‘CHAPTER 375—MISCELLANEOUS INVESTIGATION
REQUIREMENTS AND OTHER DUTIES
‘‘Sec.
‘‘4061. Fatality reviews.
‘‘§ 4061. Fatality reviews
‘‘(a) REVIEW OF FATALITIES.—The Secretary of the Army shall
conduct a multidisciplinary, impartial review (referred to as a
‘fatality review’) in the case of each fatality known or suspected
to have resulted from domestic violence or child abuse against
any of the following:
‘‘(1) A member of the Army on active duty.
‘‘(2) A current or former dependent of a member of the
Army on active duty.
‘‘(3) A current or former intimate partner who has a child
in common or has shared a common domicile with a member
of the Army on active duty.
‘‘(b) MATTERS TO BE INCLUDED.—The report of a fatality review
under subsection (a) shall, at a minimum, include the following:
‘‘(1) An executive summary.
‘‘(2) Data setting forth victim demographics, injuries,
autopsy findings, homicide or suicide methods, weapons, police
Deadline.
10 USC 1562
note.
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117 STAT. 1487
PUBLIC LAW 108–136—NOV. 24, 2003
information, assailant demographics, and household and family
information.
‘‘(3) Legal disposition.
‘‘(4) System intervention and failures, if any, within the
Department of Defense.
‘‘(5) A discussion of significant findings.
‘‘(6) Recommendations for systemic changes, if any, within
the Department of the Army and the Department of Defense.
‘‘(c) OSD GUIDANCE.—The Secretary of Defense shall prescribe
guidance, which shall be uniform for the military departments,
for the conduct of reviews by the Secretary under subsection (a).’’.
(2) The tables of chapters at the beginning of subtitle B, and
at the beginning of part II of subtitle B, of such title are each
amended by inserting after the item relating to chapter 373 the
following new item:
‘‘375. Miscellaneous Investigation Requirements and Other Duties ..... 4061’’.
(b) NAVY AND MARINE CORPS.—(1) Chapter 555 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 6036. Fatality reviews
‘‘(a) REVIEW OF FATALITIES.—The Secretary of the Navy shall
conduct a multidisciplinary, impartial review (referred to as a
‘fatality review’) in the case of each fatality known or suspected
to have resulted from domestic violence or child abuse against
any of the following.
‘‘(1) A member of the naval service on active duty.
‘‘(2) A current or former dependent of a member of the
naval service on active duty.
‘‘(3) A current or former intimate partner who has a child
in common or has shared a common domicile with a member
of the naval service on active duty.
‘‘(b) MATTERS TO BE INCLUDED.—The report of a fatality review
under subsection (a) shall, at a minimum, include the following:
‘‘(1) An executive summary.
‘‘(2) Data setting forth victim demographics, injuries,
autopsy findings, homicide or suicide methods, weapons, police
information, assailant demographics, and household and family
information.
‘‘(3) Legal disposition.
‘‘(4) System intervention and failures, if any, within the
Department of Defense.
‘‘(5) A discussion of significant findings.
‘‘(6) Recommendations for systemic changes, if any, within
the Department of the Navy and the Department of Defense.
‘‘(c) OSD GUIDANCE.—The Secretary of Defense shall prescribe
guidance, which shall be uniform for the military departments,
for the conduct of reviews by the Secretary under subsection (a).’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘6036. Fatality reviews.’’.
(c) AIR FORCE.—(1) Part II of subtitle D of such title is amended
by adding at the end the following new chapter:
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117 STAT. 1488
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘CHAPTER 875—MISCELLANEOUS INVESTIGATION
REQUIREMENTS AND OTHER DUTIES
‘‘Sec.
‘‘9061. Fatality reviews.
‘‘§ 9061. Fatality reviews
‘‘(a) REVIEW OF FATALITIES.—The Secretary of the Air Force
shall conduct a multidisciplinary, impartial review (referred to as
a ‘fatality review’) in the case of each fatality known or suspected
to have resulted from domestic violence or child abuse against
any of the following:
‘‘(1) A member of the Air Force on active duty.
‘‘(2) A current or former dependent of a member of the
Air Force on active duty.
‘‘(3) A current or former intimate partner who has a child
in common or has shared a common domicile with a member
of the Air Force on active duty.
‘‘(b) MATTERS TO BE INCLUDED.—The report of a fatality review
under subsection (a) shall, at a minimum, include the following:
‘‘(1) An executive summary.
‘‘(2) Data setting forth victim demographics, injuries,
autopsy findings, homicide or suicide methods, weapons, police
information, assailant demographics, and household and family
information.
‘‘(3) Legal disposition.
‘‘(4) System intervention and failures, if any, within the
Department of Defense.
‘‘(5) A discussion of significant findings.
‘‘(6) Recommendations for systemic changes, if any, within
the Department of the Air Force and the Department of
Defense.
‘‘(c) OSD GUIDANCE.—The Secretary of Defense shall prescribe
guidance, which shall be uniform for the military departments,
for the conduct of reviews by the Secretary under subsection (a).’’.
(2) The tables of chapters at the beginning of subtitle D, and
at the beginning of part II of subtitle D, of such title are each
amended by inserting after the item relating to chapter 873 the
following new item:
‘‘875. Miscellaneous Investigation Requirements and Other Duties ..... 9061’’.
(d) APPLICABILITY.—Sections 4061, 6036, and 9061 of title 10,
United States Code, as added by this section, apply with respect
to fatalities that occur on or after the date of the enactment of
this Act.
SEC. 577. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) the Secretary of Defense should develop a Department
of Defense strategic plan for domestic violence that incorporates
the core principles of domestic violence intervention identified
by the Defense Task Force on Domestic Violence in its third
annual report under section 591(e) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106–65;
10 U.S.C. 1562 note); and
(2) the Secretary of each military department should estab-
lish and support a Victim Advocate Protocol as recommended
by the Defense Task Force on Domestic Violence.
10 USC 4061
note.
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PUBLIC LAW 108–136—NOV. 24, 2003
Subtitle H—Other Matters
SEC. 581. RECOGNITION OF MILITARY FAMILIES.
(a) FINDINGS.—Congress makes the following findings:
(1) The families of both active and reserve component mem-
bers of the Armed Forces, through their sacrifices and their
dedication to the Nation and its values, contribute immeas-
urably to the readiness of the Armed Forces.
(2) Without the continued support of military families,
the Nation’s ability to sustain a high quality all-volunteer mili-
tary force would be undermined.
(3) In the perilous and challenging times of the global
war on terrorism, with hundreds of thousands of active and
reserve component military personnel deployed overseas in
places of combat and other imminent danger, military families
are making extraordinary sacrifices and will be required to
do so for the foreseeable future.
(4) Beginning in 1997, military family service and support
centers have responded to the encouragement and support of
private, non-profit organizations to recognize and honor the
American military family during the Thanksgiving period each
November.
(b) MILITARY FAMILY RECOGNITION.—In view of the findings
in subsection (a), Congress determines that it is appropriate that
special measures be taken annually to recognize and honor the
American military family.
(c) DEPARTMENT OF DEFENSE PROGRAMS AND ACTIVITIES.—The
Secretary of Defense shall—
(1) implement and sustain programs, including appropriate
ceremonies and activities, to recognize and honor the contribu-
tions and sacrifices of the American military family, including
families of both active and reserve component military per-
sonnel;
(2) focus the celebration of the American military family
during a specific period of each year to give full and proper
recognition to those families; and
(3) seek the assistance and support of appropriate civilian
organizations, associations, and other entities (A) in carrying
out the annual celebration of the American military family,
and (B) in sustaining other, longer-term efforts to support the
American military family.
SEC. 582. PERMANENT AUTHORITY FOR SUPPORT FOR CERTAIN CHAP-
LAIN-LED MILITARY FAMILY SUPPORT PROGRAMS.
(a) IN GENERAL.—(1) Chapter 88 of title 10, United States
Code, is amended by inserting at the end of subchapter I the
following new section:
‘‘§ 1789. Chaplain-led programs: authorized support
‘‘(a) AUTHORITY.—The Secretary of a military department may
provide support services described in subsection (b) to support chap-
lain-led programs to assist members of the armed forces on active
duty and their immediate family members, and members of reserve
components in an active status and their immediate family mem-
bers, in building and maintaining a strong family structure.
10 USC 1781
note.
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‘‘(b) AUTHORIZED SUPPORT SERVICES.—The support services
referred to in subsection (a) are costs of transportation, food,
lodging, child care, supplies, fees, and training materials for mem-
bers of the armed forces and their family members while partici-
pating in programs referred to in that subsection, including partici-
pation at retreats and conferences.
‘‘(c) IMMEDIATE FAMILY MEMBERS.—In this section, the term
‘immediate family members’, with respect to a member of the armed
forces, means—
‘‘(1) the member’s spouse; and
‘‘(2) any child (as defined in section 1072(6) of this title)
of the member who is described in subparagraph (D) of section
1072(2) of this title.’’.
(2) The table of sections at the beginning of such subchapter
is amended by inserting after the item relating to section 1788
the following new item:
‘‘1789. Chaplain-led programs: authorized support.’’.
(b) EFFECTIVE DATE.—Section 1789 of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 2003.
SEC. 583. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS JOINT EXECUTIVE COMMITTEE.
(a) ESTABLISHMENT OF JOINT COMMITTEE.—(1) Chapter 3 of
title 38, United States Code, is amended by adding at the end
the following new section:
‘‘§ 320. 
Department 
of 
Veterans 
Affairs-Department 
of
Defense Joint Executive Committee
‘‘(a) JOINT EXECUTIVE COMMITTEE.—(1) There is established
an interagency committee to be known as the Department of Vet-
erans Affairs-Department of Defense Joint Executive Committee
(hereinafter in this section referred to as the ‘Committee’).
‘‘(2) The Committee is composed of—
‘‘(A) the Deputy Secretary of Veterans Affairs and such
other officers and employees of the Department of Veterans
Affairs as the Secretary of Veterans Affairs may designate;
and
‘‘(B) the Under Secretary of Defense for Personnel and
Readiness and such other officers and employees of the Depart-
ment of Defense as the Secretary of Defense may designate.
‘‘(b) ADMINISTRATIVE MATTERS.—(1) The Deputy Secretary of
Veterans Affairs and the Under Secretary of Defense shall deter-
mine the size and structure of the Committee, as well as the
administrative and procedural guidelines for the operation of the
Committee.
‘‘(2) The two Departments shall supply appropriate staff and
resources to provide administrative support and services. Support
for such purposes shall be provided at a level sufficient for the
efficient operation of the Committee, including a subordinate Health
Executive Committee, a subordinate Benefits Executive Committee,
and such other committees or working groups as considered nec-
essary by the Deputy Secretary and Under Secretary.
‘‘(c) RECOMMENDATIONS.—(1) The Committee shall recommend
to the Secretaries strategic direction for the joint coordination and
sharing efforts between and within the two Departments under
10 USC 1789
note.
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section 8111 of this title and shall oversee implementation of those
efforts.
‘‘(2) The Committee shall submit to the two Secretaries and
to Congress an annual report containing such recommendations
as the Committee considers appropriate.
‘‘(d) FUNCTIONS.—In order to enable the Committee to make
recommendations in its annual report under subsection (c)(2), the
Committee shall do the following:
‘‘(1) Review existing policies, procedures, and practices
relating to the coordination and sharing of resources between
the two Departments.
‘‘(2) Identify changes in policies, procedures, and practices
that, in the judgment of the Committee, would promote mutu-
ally beneficial coordination, use, or exchange of use of services
and resources of the two Departments, with the goal of
improving the quality, efficiency and effectiveness of the
delivery of benefits and services to veterans, service members,
military retirees, and their families through an enhanced
Department of Veterans Affairs and Department of Defense
partnership.
‘‘(3) Identify and assess further opportunities for the
coordination and collaboration between the Departments that,
in the judgment of the Committee, would not adversely affect
the range of services, the quality of care, or the established
priorities for benefits provided by either Department.
‘‘(4) Review the plans of both Departments for the acquisi-
tion of additional resources, especially new facilities and major
equipment and technology, in order to assess the potential
effect of such plans on further opportunities for the coordination
and sharing of resources.
‘‘(5) Review the implementation of activities designed to
promote the coordination and sharing of resources between
the Departments.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘320. Department of Veterans Affairs-Department of Defense Joint Executive Com-
mittee.’’.
(b) CONFORMING AMENDMENTS.—(1) Subsection (c) of section
8111 of such title is repealed.
(2) Such section is further amended—
(A) in subsection (b)(2), by striking ‘‘the interagency com-
mittee provided for under subsection (c)’’ and inserting ‘‘the
Department of Veterans Affairs-Department of Defense Joint
Executive Committee under section 320 of this title’’;
(B) in subsection (d)(1), by striking ‘‘Committee established
in subsection (c)’’ and inserting ‘‘Department of Veterans
Affairs-Department of Defense Joint Executive Committee’’;
(C) in subsection (e)(1), by striking ‘‘Committee under sub-
section (c)(2)’’ and inserting ‘‘Department of Veterans Affairs-
Department of Defense Joint Executive Committee with respect
to health care resources’’; and
(D) in subsection (f)(2), by striking subparagraphs (B) and
(C) and inserting the following:
‘‘(B) The assessment of further opportunities identified by
the Department of Veterans Affairs-Department of Defense
Joint Executive Committee under subsection (d)(3) of section
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117 STAT. 1492
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320 of this title for the sharing of health-care resources between
the two Departments.
‘‘(C) Any recommendation made by that committee under
subsection (c)(2) of that section during that fiscal year.’’.
(c) TECHNICAL AMENDMENTS.—Subsection (f) of such section
is further amended by inserting ‘‘(Public Law 107–314)’’ in para-
graphs (3), (4)(A), (4)(B), and (5) after ‘‘for Fiscal Year 2003’’.
(d) EFFECTIVE DATE.—(1) If this Act is enacted before October
1, 2003—
(A) section 320 of title 38, United States Code, as added
by subsection (a), shall take effect on October 1, 2003; and
(B) the amendments made by subsections (b) and (c) shall
take effect on October 1, 2003, immediately after the amend-
ment made by section 721(a)(1) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107–314; 116 Stat. 2589).
(2) If this Act is enacted on or after October 1, 2003, the
amendments made by this section shall take effect on the date
of the enactment of this Act.
SEC. 584. REVIEW OF THE 1991 DEATH OF MARINE CORPS COLONEL
JAMES E. SABOW.
(a) REVIEW REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall com-
mence a review, as specified in subsection (c), of the death of
Colonel James S. Sabow, United States Marine Corps, who died
on January 22, 1991, at the Marine Corps Air Station, El Toro,
California.
(b) FOCUS OF REVIEW.—The principal focus of the review under
subsection (a) shall be to determine the cause of the death of
Colonel Sabow, given the medical and forensic factors associated
with that death.
(c) REVIEW BY OUTSIDE EXPERTS.—The Secretary of Defense
shall provide that the evidence concerning the cause of the death
of Colonel Sabow and the medical and forensic factors associated
with that death shall be reviewed by medical and forensic experts
outside the Department of Defense.
(d) REPORT.—Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a written report
on the findings of the review under subsection (a). The Secretary
shall include in the report (1) the Secretary’s conclusions as a
result of the review, including the Secretary’s conclusions regarding
the cause of death of Colonel Sabow, and (2) the conclusions of
the experts reviewing the matter under subsection (c).
SEC. 585. POLICY ON CONCURRENT DEPLOYMENT TO COMBAT ZONES
OF BOTH MILITARY SPOUSES OF MILITARY FAMILIES
WITH MINOR CHILDREN.
(a) PUBLICATION OF POLICY.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall—
(1) prescribe the policy of the Department of Defense on
concurrent deployment to a combat zone of both spouses of
a dual-military family with one or more minor children; and
(2) transmit the policy to the Committees on Armed Serv-
ices of the Senate and the House of Representatives.
Deadline.
10 USC 991 note.
Deadline.
Deadline.
38 USC 320 note.
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(b) DUAL-MILITARY FAMILY DEFINED.—In this section, the term
‘‘dual-military family’’ means a family in which both spouses are
members of the Armed Forces.
SEC. 586. CONGRESSIONAL NOTIFICATION OF AMENDMENT OR CAN-
CELLATION OF DEPARTMENT OF DEFENSE DIRECTIVE
RELATING 
TO 
REASONABLE 
ACCESS 
TO 
MILITARY
INSTALLATIONS FOR CERTAIN PERSONAL COMMERCIAL
SOLICITATION.
An amendment to Department of Defense Directive 1344.7,
‘‘Personal Commercial Solicitation on DoD Installations’’, or can-
cellation of that directive, shall not take effect until the end of
the 30-day period beginning on the date on which the Secretary
of Defense submits to Congress notice of the amendment or cancella-
tion and the reasons therefor.
SEC. 587. STUDY OF NATIONAL GUARD CHALLENGE PROGRAM.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study to evaluate—
(1) the adequacy and impact of the matching funds require-
ment in effect under section 509(d) of title 32, United States
Code, for States to participate in the National Guard Challenge
Program; and
(2) the value of the National Guard Challenge Program
to the Department of Defense.
(b) CONSIDERATION
OF MATCHING FUND ALTERNATIVES.—As
part of the study, the Secretary shall identify potential alternatives
to the matching funds structure provided for the National Guard
Challenge Program under section 509(d) of title 32, United States
Code, such as a range of Federal-State matching ratios, that would
provide flexibility in the management of the program to better
respond to temporary fiscal conditions.
(c) SUBMISSION OF STUDY.—Not later than March 1, 2004, the
Secretary shall submit to Congress a report containing the results
of the study and such recommendations as the Secretary considers
appropriate in response to the study.
SEC. 588. FINDINGS AND SENSE OF CONGRESS ON REWARD FOR
INFORMATION LEADING TO RESOLUTION OF STATUS OF
MEMBERS OF THE ARMED FORCES WHO REMAIN UNAC-
COUNTED FOR.
(a) FINDINGS.—Congress makes the following findings:
(1) The Department of Defense estimates that there are
more than 10,000 members of the Armed Forces and others
who as a result of activities during the Korean War or the
Vietnam War were placed in a missing status or a prisoner
of war status, or who were determined to have been killed
in action, although remains of those members have not been
recovered, and they remain unaccounted for.
(2) One member of the Armed Forces, Navy Captain
Michael Scott Speicher, remains unaccounted for from the first
Persian Gulf War, and there have been credible reports of
his having been seen alive in Iraq in the years since his
aircraft was shot down on the first night of that war on January
16, 1991.
(3) The United States should pursue every lead and other-
wise maintain a relentless and thorough quest to completely
Deadline.
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117 STAT. 1494
PUBLIC LAW 108–136—NOV. 24, 2003
account for the fates of those members of the Armed Forces
who are missing or otherwise unaccounted for.
(4) The Secretary of Defense has the authority to disburse
funds as a reward to individuals who provide information
leading to the conclusive resolution of cases of missing members
of the Armed Forces.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Defense should—
(1) use the authority available to the Secretary to disburse
funds rewarding individuals who provide information leading
to the conclusive resolution of the status of any missing member
of the Armed Forces; and
(2) authorize and publicize a reward of $1,000,000 for
information resolving the fate of any member of the Armed
Forces, such as Navy Captain Michael Scott Speicher, who
the Secretary has reason to believe may be alive in captivity.
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.
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.
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PUBLIC LAW 108–136—NOV. 24, 2003
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.
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment
to become effective during fiscal year 2004 required by section
1009 of title 37, United States Code, in the rates of monthly basic
pay authorized members of the uniformed services shall not be
made.
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2004,
the rates of monthly basic pay for members of the uniformed serv-
ices within each pay grade are as follows:
COMMISSIONED OFFICERS 1
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
O–10 2
$0.00
$0.00
$0.00
$0.00
$0.00
O–9 ....
0.00
0.00
0.00
0.00
0.00
O–8 ....
7,751.10
8,004.90
8,173.20
8,220.60
8,430.30
O–7 ....
6,440.70
6,739.80
6,878.40
6,988.50
7,187.40
O–6 ....
4,773.60
5,244.30
5,588.40
5,588.40
5,609.70
O–5 ....
3,979.50
4,482.90
4,793.40
4,851.60
5,044.80
O–4 ....
3,433.50
3,974.70
4,239.90
4,299.00
4,545.30
O–3 3
3,018.90
3,422.40
3,693.90
4,027.20
4,220.10
O–2 3
2,608.20
2,970.60
3,421.50
3,537.00
3,609.90
Effective date.
37 USC 1009
note.
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117 STAT. 1496
PUBLIC LAW 108–136—NOV. 24, 2003
COMMISSIONED OFFICERS 1—Continued
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
O–1 3
2,264.40
2,356.50
2,848.50
2,848.50
2,848.50
Over 8
Over 10
Over 12
Over 14
Over 16
O–10 2
$0.00
$0.00
$0.00
$0.00
$0.00
O–9 ....
0.00
0.00
0.00
0.00
0.00
O–8 ....
8,781.90
8,863.50
9,197.10
9,292.80
9,579.90
O–7 ....
7,384.20
7,611.90
7,839.00
8,066.70
8,781.90
O–6 ....
5,850.00
5,882.10
5,882.10
6,216.30
6,807.30
O–5 ....
5,161.20
5,415.90
5,602.80
5,844.00
6,213.60
O–4 ....
4,809.30
5,137.80
5,394.00
5,571.60
5,673.60
O–3 3
4,431.60
4,568.70
4,794.30
4,911.30
4,911.30
O–2 3
3,609.90
3,609.90
3,609.90
3,609.90
3,609.90
O–1 3
2,848.50
2,848.50
2,848.50
2,848.50
2,848.50
Over 18
Over 20
Over 22
Over 24
Over 26
O–10 2
$0.00
$12,524.70
$12,586.20
$12,847.80
$13,303.80
O–9 ....
0.00
10,954.50
11,112.30
11,340.30
11,738.40
O–8 ....
9,995.70
10,379.10
10,635.30
10,635.30
10,635.30
O–7 ....
9,386.10
9,386.10
9,386.10
9,386.10
9,433.50
O–6 ....
7,154.10
7,500.90
7,698.30
7,897.80
8,285.40
O–5 ....
6,389.70
6,563.40
6,760.80
6,760.80
6,760.80
O–4 ....
5,733.00
5,733.00
5,733.00
5,733.00
5,733.00
O–3 3
4,911.30
4,911.30
4,911.30
4,911.30
4,911.30
O–2 3
3,609.50
3,609.50
3,609.50
3,609.50
3,609.50
O–1 3
2,848.50
2,848.50
2,848.50
2,848.50
2,848.50
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for
commissioned officers in pay grades O–7 through O–10 may not exceed the rate of pay for level
III of the Executive Schedule and the actual rate of basic pay for all other officers may not ex-
ceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, the rate of basic pay for an officer in this grade while
serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps,
Commandant of the Coast Guard, or commander of a unified or specified combatant command
(as defined in section 161(c) of title 10, United States Code) is $14,634.20, regardless of cumu-
lative years of service computed under section 205 of title 37, United States Code.
3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have
been credited with over 4 years of active duty service as an enlisted member or warrant offi-
cer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY
SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
O–3E
$0.00
$0.00
$0.00
$4,027.20
$4,220.10
O–2E
0.00
0.00
0.00
3,537.00
3,609.90
O–1E
0.00
0.00
0.00
2,848.50
3,042.30
Over 8
Over 10
Over 12
Over 14
Over 16
O–3E
$4,431.60
$4,568.70
$4,794.30
$4,984.20
$5,092.80
O–2E
3,724.80
3,918.60
4,068.60
4,180.20
4,180.20
O–1E
3,154.50
3,269.40
3,382.20
3,537.00
3,537.00
Over 18
Over 20
Over 22
Over 24
Over 26
O–3E
$5,241.30
$5,241.30
$5,241.30
$5,241.30
$5,241.30
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117 STAT. 1497
PUBLIC LAW 108–136—NOV. 24, 2003
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY
SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER—Continued
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
O–2E
4,180.20
4,180.20
4,180.20
4,180.20
4,180.20
O–1E
3,537.00
3,537.00
3,537.00
3,537.00
3,537.00
WARRANT OFFICERS 1
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
W–5 ...
$0.00
$0.00
$0.00
$0.00
$0.00
W–4 ...
3,119.40
3,355.80
3,452.40
3,547.20
3,710.40
W–3 ...
2,848.80
2,967.90
3,089.40
3,129.30
3,257.10
W–2 ...
2,505.90
2,649.00
2,774.10
2,865.30
2,943.30
W–1 ...
2,212.80
2,394.00
2,515.20
2,593.50
2,802.30
Over 8
Over 10
Over 12
Over 14
Over 16
W–5 ...
$0.00
$0.00
$0.00
$0.00
$0.00
W–4 ...
3,871.50
4,035.00
4,194.30
4,359.00
4,617.30
W–3 ...
3,403.20
3,595.80
3,786.30
3,988.80
4,140.60
W–2 ...
3,157.80
3,321.60
3,443.40
3,562.20
3,643.80
W–1 ...
2,928.30
3,039.90
3,164.70
3,247.20
3,321.90
Over 18
Over 20
Over 22
Over 24
Over 26
W–5 ...
$0.00
$5,360.70
$5,544.30
$5,728.80
$5,914.20
W–4 ...
4,782.60
4,944.30
5,112.00
5,277.00
5,445.90
W–3 ...
4,291.80
4,356.90
4,424.10
4,570.20
4,716.30
W–2 ...
3,712.50
3,843.00
3,972.60
4,103.70
4,103.70
W–1 ...
3,443.70
3,535.80
3,535.80
3,535.80
3,535.80
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for
warrant officers may not exceed the rate of pay for level V of the Executive Schedule.
ENLISTED MEMBERS 1
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
E–9 2 ..
$0.00
$0.00
$0.00
$0.00
$0.00
E–8 ....
0.00
0.00
0.00
0.00
0.00
E–7 ....
2,145.00
2,341.20
2,430.60
2,549.70
2,642.10
E–6 ....
1,855.50
2,041.20
2,131.20
2,218.80
2,310.00
E–5 ....
1,700.10
1,813.50
1,901.10
1,991.10
2,130.60
E–4 ....
1,558.20
1,638.30
1,726.80
1,814.10
1,891.50
E–3 ....
1,407.00
1,495.50
1,585.50
1,585.50
1,585.50
E–2 ....
1,337.70
1,337.70
1,337.70
1,337.70
1,337.70
E–1 3 ..
1,193.40
1,193.40
1,193.40
1,193.40
1,193.40
Over 8
Over 10
Over 12
Over 14
Over 16
E–9 2 ..
$0.00
$3,769.20
$3,854.70
$3,962.40
$4,089.30
E–8 ....
3,085.50
3,222.00
3,306.30
3,407.70
3,517.50
E–7 ....
2,801.40
2,891.10
2,980.20
3,139.80
3,219.60
E–6 ....
2,516.10
2,596.20
2,685.30
2,763.30
2,790.90
E–5 ....
2,250.90
2,339.70
2,367.90
2,367.90
2,367.90
E–4 ....
1,891.50
1,891.50
1,891.50
1,891.50
1,891.50
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PUBLIC LAW 108–136—NOV. 24, 2003
ENLISTED MEMBERS 1—Continued
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
E–3 ....
1,585.50
1,585.50
1,585.50
1,585.50
1,585.50
E–2 ....
1,337.70
1,337.70
1,337.70
1,337.70
1,337.70
E–1 3 ..
1,193.40
1,193.40
1,193.40
1,193.40
1,193.40
Over 18
Over 20
Over 22
Over 24
Over 26
E–9 2 ..
$4,216.50
$4,421.10
$4,594.20
$4,776.60
$5,054.70
E–8 ....
3,715.50
3,815.70
3,986.40
4,081.20
4,314.30
E–7 ....
3,295.50
3,341.70
3,498.00
3,599.10
3,855.00
E–6 ....
2,809.80
2,809.80
2,809.80
2,809.80
2,809.80
E–5 ....
2,367.90
2,367.90
2,367.90
2,367.90
2,367.90
E–4 ....
1,891.50
1,891.50
1,891.50
1,891.50
1,891.50
E–3 ....
1,585.50
1,585.50
1,585.50
1,585.50
1,585.50
E–2 ....
1,337.70
1,337.70
1,337.70
1,337.70
1,337.70
E–1 3 ..
1,193.40
1,193.40
1,193.40
1,193.40
1,193.40
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for
enlisted members may not exceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade
while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief
Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty
Officer of the Coast Guard, is $6,090.90, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
3 In the case of members in pay grade E–1 who have served less than 4 months on active
duty, the rate of basic pay is $1,104.00.
SEC. 602. REVISED ANNUAL PAY ADJUSTMENT PROCESS.
(a) REQUIREMENT FOR ANNUAL ADJUSTMENT.—Subsection (a)
of section 1009 of title 37, United States Code, is amended to
read as follows:
‘‘(a) REQUIREMENT
FOR ANNUAL ADJUSTMENT.—Effective on
January 1 of each year, the rates of basic pay for members of
the uniformed services under section 203(a) of this title shall be
increased under this section.’’.
(b) EFFECTIVENESS OF ADJUSTMENT.—Subsection (b) of such
section is amended by striking ‘‘shall—’’ and all that follows and
inserting ‘‘shall have the force and effect of law.’’.
(c) PERCENTAGE OF ADJUSTMENT; ALTERNATIVE PAY ADJUST-
MENT AUTHORITY.—Such section is further amended—
(1) by striking subsections (c), (d), (e), and (g);
(2) by redesignating subsection (f) as subsection (d);
(3) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) EQUAL PERCENTAGE INCREASE FOR ALL MEMBERS.—(1) An
adjustment made under this section in a year shall provide all
eligible members with an increase in the monthly basic pay that
is the percentage (rounded to the nearest one-tenth of one percent)
by which the ECI for the base quarter of the year before the
preceding year exceeds the ECI for the base quarter of the second
year before the preceding calendar year (if at all).
‘‘(2) Notwithstanding paragraph (1), but subject to subsection
(d), the percentage of the adjustment taking effect under this section
during each of fiscal years 2004, 2005, and 2006, shall be one-
half of one percentage point higher than the percentage that would
otherwise be applicable under such paragraph.
‘‘(3) In this subsection:
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‘‘(A) The term ‘ECI’ means the Employment Cost Index
(wages and salaries, private industry workers) published quar-
terly by the Bureau of Labor Statistics.
‘‘(B) The term ‘base quarter’ for any year is the three-
month period ending on September 30 of such year.’’; and
(4) by adding at the end the following new subsection:
‘‘(e) PRESIDENTIAL DETERMINATION OF NEED FOR ALTERNATIVE
PAY ADJUSTMENT.—(1) If, because of national emergency or serious
economic conditions affecting the general welfare, the President
considers the pay adjustment which would otherwise be required
by this section in any year to be inappropriate, the President
shall prepare and transmit to Congress before September 1 of
the preceding year a plan for such alternative pay adjustments
as the President considers appropriate, together with the reasons
therefor.
‘‘(2) In evaluating an economic condition affecting the general
welfare under this subsection, the President shall consider pertinent
economic measures including the Indexes of Leading Economic
Indicators, the Gross Domestic Product, the unemployment rate,
the budget deficit, the Consumer Price Index, the Producer Price
Index, the Employment Cost Index, and the Implicit Price Deflator
for Personal Consumption Expenditures.
‘‘(3) The President shall include in the plan submitted to Con-
gress under paragraph (1) an assessment of the impact that the
alternative pay adjustments proposed in the plan would have on
the Government’s ability to recruit and retain well-qualified persons
for the uniformed services.’’.
SEC. 603. COMPUTATION OF BASIC PAY RATE FOR COMMISSIONED
OFFICERS WITH PRIOR ENLISTED OR WARRANT OFFICER
SERVICE.
Section 203(d)(2) of title 37, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘enlisted member,’’
and all that follows through the period and inserting ‘‘enlisted
member.’’; and
(2) by striking subparagraph (B) and inserting the following
new subparagraph:
‘‘(B) Service as a warrant officer, as an enlisted member,
or as a warrant officer and an enlisted member, for which
at least 1,460 points have been credited to the officer for the
purposes of section 12732(a)(2) of title 10.’’.
SEC. 604. SPECIAL SUBSISTENCE ALLOWANCE AUTHORITIES FOR MEM-
BERS ASSIGNED TO HIGH-COST DUTY LOCATION OR
UNDER OTHER UNIQUE AND UNUSUAL CIRCUMSTANCES.
Section 402 of title 37, United States Code, is amended—
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new sub-
section:
‘‘(f) SPECIAL RULE FOR HIGH-COST DUTY LOCATIONS AND OTHER
UNIQUE AND UNUSUAL CIRCUMSTANCES.—The Secretary of Defense
may authorize a member of the armed forces who is not entitled
to the meals portion of the per diem in connection with an assign-
ment in a high-cost duty location or under other unique and unusual
circumstances, as determined by the Secretary, to receive any or
all of the following:
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‘‘(1) Meals at no cost to the member, regardless of the
entitlement of the member to a basic allowance for subsistence
under subsection (a).
‘‘(2) A basic allowance for subsistence at the standard rate,
regardless of the entitlement of the member for all meals or
select meals during the duty day.
‘‘(3) A supplemental subsistence allowance at a rate higher
than the basic allowance for subsistence rates in effect under
this section, regardless of the entitlement of the member for
all meals or select meals during the duty day.’’.
SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR EACH MEMBER MAR-
RIED TO ANOTHER MEMBER WITHOUT DEPENDENTS
WHEN BOTH SPOUSES ARE ON SEA DUTY.
(a) ENTITLEMENT.—Section 403(f)(2)(C) of title 37, United States
Code, is amended—
(1) in the first sentence, by striking ‘‘are jointly entitled
to one basic allowance for housing’’ and inserting ‘‘are each
entitled to a basic allowance for housing’’; and
(2) by striking ‘‘The amount of the allowance’’ and all
that follows and inserting ‘‘The amount of the allowance payable
to a member under the preceding sentence shall be based
on the without dependents rate for the pay grade of the
member.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect as of October 1, 2003, and apply to months
beginning on or after that date.
SEC. 606. TEMPORARY INCREASE IN AUTHORIZED AMOUNT OF FAMILY
SEPARATION ALLOWANCE.
Section 427 of title 37, United States Code, is amended by
adding at the end the following new subsection:
‘‘(e) TEMPORARY INCREASE IN AUTHORIZED AMOUNT OF ALLOW-
ANCE.—For the period beginning on October 1, 2003, and ending
on December 31, 2004, the monthly allowance authorized by sub-
section (a)(1) shall be increased to $250.’’.
Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f )
of title 37, United States Code, is amended by striking ‘‘December
31, 2003’’ and inserting ‘‘December 31, 2004’’.
(b) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)
of such title is amended by striking ‘‘December 31, 2003’’ and
inserting ‘‘December 31, 2004’’.
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended
by striking ‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’.
(d) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)
of such title is amended by striking ‘‘December 31, 2003’’ and
inserting ‘‘December 31, 2004’’.
37 USC 403 note.
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(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—
Section 308h(g) of such title is amended by striking ‘‘December
31, 2003’’ and inserting ‘‘December 31, 2004’’.
(f) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f ) of such
title is amended by striking ‘‘December 31, 2003’’ and inserting
‘‘December 31, 2004’’.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFES-
SIONALS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section
2130a(a)(1) of title 10, United States Code, is amended by striking
‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’.
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section
16302(d) of such title is amended by striking ‘‘January 1, 2004’’
and inserting ‘‘January 1, 2005’’.
(c) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section
302d(a)(1) of title 37, United States Code, is amended by striking
‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’.
(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section
302e(a)(1) of such title is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2004’’.
(e) SPECIAL PAY
FOR SELECTED RESERVE HEALTH PROFES-
SIONALS
IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(f ) of such title is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2004’’.
(f) 
ACCESSION
BONUS
FOR
DENTAL
OFFICERS.—Section
302h(a)(1) of such title is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2004’’.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING
PERIOD
OF ACTIVE SERVICE.—Section 312(e) of title 37, United
States Code, is amended by striking ‘‘December 31, 2003’’ and
inserting ‘‘December 31, 2004’’.
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of
such title is amended by striking ‘‘December 31, 2003’’ and inserting
‘‘December 31, 2004’’.
(c) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section
312c(d) of such title is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2004’’.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of
title 37, United States Code, is amended by striking ‘‘December
31, 2003’’ and inserting ‘‘December 31, 2004’’.
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section
308(g) of such title is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2004’’.
(c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e)
of such title is amended by striking ‘‘December 31, 2003’’ and
inserting ‘‘December 31, 2004’’.
(d) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY
SKILLS.—Section 323(i) of such title is amended by striking
‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’.
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(e) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.—
Section 324(g) of such title is amended by striking ‘‘December
31, 2003’’ and inserting ‘‘December 31, 2004’’.
SEC. 615. HAZARDOUS DUTY PAY FOR DUTY INVOLVING SKI-EQUIPPED
AIRCRAFT ON ANTARCTICA OR THE ARCTIC ICEPACK.
(a) ADDITIONAL TYPE
OF DUTY ELIGIBLE
FOR PAY.—Section
301(a) of title 37, United States Code, is amended—
(1) in paragraph (11), by striking ‘‘or’’ at the end;
(2) by redesignating paragraph (12) as paragraph (13);
and
(3) by inserting after paragraph (11) the following new
paragraph:
‘‘(12) involving use of ski-equipped aircraft on the ground
in Antarctica or on the Arctic ice-pack; or’’.
(b) MONTHLY
AMOUNT.—Subsection (c) of such section is
amended—
(1) in paragraph (1), by striking ‘‘(11)’’ and inserting ‘‘(12)’’;
and
(2) in paragraph (2)(A), by striking ‘‘(12)’’ and inserting
‘‘(13)’’.
(c) TECHNICAL AMENDMENTS.—(1) Subsections (a)(2), (b), (c),
and (f)(2)(A) of such section are amended by striking ‘‘clause’’ each
place it appears and inserting ‘‘paragraph’’.
(2) Subsection (c)(1) of such section is amended by striking
‘‘clauses’’ and inserting ‘‘paragraphs’’.
(d) EFFECTIVE DATE.—Paragraph (12) of section 301(a) of title
37, United States Code, as added by subsection (a)(3), shall apply
to duty described in such paragraph that is performed on or after
October 1, 2003.
SEC. 616. SPECIAL PAY FOR RESERVE OFFICERS HOLDING POSITIONS
OF 
UNUSUAL 
RESPONSIBILITY 
AND 
OF 
CRITICAL
NATURE.
(a) ELIGIBILITY.—Section 306 of title 37, United States Code,
is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(B) by striking ‘‘who is entitled to the basic pay of
pay grade O–6 or below and’’ and inserting ‘‘described
in paragraph (2)’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) An officer of the armed forces referred to in paragraph
(1) is an officer who is entitled to the basic pay under section
204 of this title, or the compensation under section 206 of this
title, of pay grade O–6 or below.’’;
(2) by redesignating subsections (b) through (e) as sub-
sections (c) through (f), respectively; and
(3) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) If an officer entitled to compensation under section 206
of this title is paid special pay under subsection (a) for the perform-
ance of duties in a position designated under such subsection,
the special pay shall be paid at the rate of 1⁄30 of the monthly
rate authorized by such subsection for each day of the performance
of duties in the designated position.’’.
(b) LIMITATION.—Subsection (d) of such section, as redesignated
by subsection (a)(2) of this section, is amended—
37 USC 301 note.
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(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;
(2) in paragraph (1), as so designated, by inserting ‘‘or
mobilization in support of a contingency operation’’ after
‘‘training’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) Of the number of officers in the Selected Reserve of the
Ready Reserve of an armed force who are not on active duty
(other than for training or mobilization in support of a contingency
operation), not more than 5 percent of the number of such officers
in each of the pay grades O–3 and below, and not more than
10 percent of the number of such officers in pay grade O–4, O–
5, or O–6, may be paid special pay under subsection (b).’’.
SEC. 617. PAYMENT OF SELECTED RESERVE REENLISTMENT BONUS
TO 
MEMBERS 
OF 
SELECTED 
RESERVE 
WHO 
ARE
MOBILIZED.
Section 308b of title 37, United States Code, as amended by
section 611(a), is further amended—
(1) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) PAYMENT
TO MOBILIZED MEMBERS.—A member entitled
to a bonus under this section who is called or ordered to active
duty shall be paid, during that period of active duty, any amount
of the bonus that becomes payable to the member during that
period of active duty.’’.
SEC. 618. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER
SPECIAL PAY FOR RESERVE COMPONENT MEMBERS ON
INACTIVE DUTY.
(a) EXPANSION AND CLARIFICATION OF CURRENT LAW.—Section
310 of title 37, United States Code, is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by striking subsection (a) and inserting the following
new subsections:
‘‘(a) ELIGIBILITY AND SPECIAL PAY AMOUNT.—Under regulations
prescribed by the Secretary of Defense, a member of a uniformed
service may be paid special pay at the rate of $150 for any month
in which—
‘‘(1) the member was entitled to basic pay or compensation
under section 204 or 206 of this title; and
‘‘(2) the member—
‘‘(A) was subject to hostile fire or explosion of hostile
mines;
‘‘(B) was on duty in an area in which the member
was in imminent danger of being exposed to hostile fire
or explosion of hostile mines and in which, during the
period the member was on duty in the area, other members
of the uniformed services were subject to hostile fire or
explosion of hostile mines;
‘‘(C) was killed, injured, or wounded by hostile fire,
explosion of a hostile mine, or any other hostile action;
or
‘‘(D) was on duty in a foreign area in which the member
was subject to the threat of physical harm or imminent
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danger on the basis of civil insurrection, civil war, ter-
rorism, or wartime conditions.
‘‘(b) CONTINUATION DURING HOSPITALIZATION.—A member cov-
ered by subsection (a)(2)(C) who is hospitalized for the treatment
of the injury or wound may be paid special pay under this section
for not more than three additional months during which the member
is so hospitalized.’’.
(b) CLERICAL AMENDMENTS.—Such section is further amended—
(1) in subsection (c), as redesignated by subsection (a)(1),
by inserting ‘‘LIMITATIONS AND ADMINISTRATION.—’’ before ‘‘(1)’’;
and
(2) in subsection (d), as redesignated by subsection (a)(1),
by inserting ‘‘DETERMINATIONS OF FACT.—’’ before ‘‘Any’’.
(c) 4Effective Date.—Subsections (a) and (b) of section 310
of title 37, United States Code, as added by subsection (a)(2),
shall take effect as of September 11, 2001.
(d) RELATION TO TEMPORARY INCREASE IN AUTHORIZED AMOUNT
OF HOSTILE FIRE AND IMMINENT DANGER SPECIAL PAY.—(1) The
amendment made by subsection (a)(2) does not affect the authority
to pay an increased amount of hostile fire and imminent danger
special pay under section 310 of title 37, United States Code,
pursuant to—
(A) the amendment made by subsection (a) of section 1316
of Public Law 108–11 (117 Stat. 570) during the period specified
in subsection (c)(1) of such section, as modified by section
113 of Public Law 108–84 (117 Stat. 1044); or
(B) the amendment made by section 619 of this Act during
the period specified in such amendment.
(2) Effective as of April 16, 2003, section 1316(c)(2) of Public
Law 108–11 (117 Stat. 570) is amended by inserting ‘‘the dollar
amounts specified in’’ before ‘‘sections’’.
SEC. 619. TEMPORARY INCREASE IN AUTHORIZED AMOUNT OF HOS-
TILE FIRE AND IMMINENT DANGER SPECIAL PAY.
Section 310 of title 37, United States Code, as amended by
section 618, is further amended by adding at the end the following
new subsection:
‘‘(e) TEMPORARY INCREASE IN AUTHORIZED AMOUNT OF SPECIAL
PAY.—For the period beginning on October 1, 2003, and ending
on December 31, 2004, the rate of pay authorized by subsection
(a) shall be increased to $225.’’.
SEC. 620. RETROACTIVE PAYMENT OF HOSTILE FIRE OR IMMINENT
DANGER PAY FOR SERVICE IN EASTERN MEDITERRA-
NEAN SEA IN OPERATION IRAQI FREEDOM.
(a) PAYMENT AUTHORIZED.—The Secretary of Defense may
authorize the payment of hostile fire or imminent danger pay under
section 310(a) of title 37, United States Code, to members of the
Armed Forces who were assigned to duty, during the period begin-
ning on March 19, 2003, and ending on April 11, 2003, in the
area specified in subsection (b) in connection with Operation Iraqi
Freedom at any time during that period.
(b) SPECIFIED AREA.—The area referred to in subsection (a)
is the Mediterranean Sea east of 30 degrees East Longitude (sea
area only).
37 USC 310 note.
37 USC 310 note.
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SEC. 621. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE PRO-
GRAM TO OFFICERS.
(a) SPECIAL PAY OR BONUS FOR EXTENDING OVERSEAS TOUR
OF DUTY.—(1) Subsections (a) and (b) of section 314 of title 37,
United States Code, are amended by striking ‘‘an enlisted member’’
and inserting ‘‘a member’’.
(2)(A) The heading of such section is amended to read as
follows:
‘‘§ 314. Special pay or bonus: qualified members extending
duty at designated locations overseas’’.
(B) The item relating to such section in the table of sections
at the beginning of chapter 5 of such title is amended to read
as follows:
‘‘314. Special pay or bonus: qualified members extending duty at designated loca-
tions overseas.’’.
(b) REST
AND RECUPERATIVE ABSENCE
IN LIEU
OF PAY
OR
BONUS.—(1) Subsection (a) of section 705 of title 10, United States
Code, is amended by striking ‘‘an enlisted member’’ and inserting
‘‘a member’’.
(2) The heading of such section, and the item relating to such
section in the table of sections at the beginning of chapter 40
of such title, are each amended by striking the sixth word.
SEC. 622. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT
FOR DESIGNATION OF CRITICAL MILITARY SKILLS FOR
RETENTION BONUS.
Section 323(b) of title 37, United States Code, is amended—
(1) by striking ‘‘(1)’’; and
(2) by striking paragraph (2).
SEC. 623. ELIGIBILITY OF WARRANT OFFICERS FOR ACCESSION BONUS
FOR NEW OFFICERS IN CRITICAL SKILLS.
Section 324 of title 37, United States Code, is amended in
subsections (a) and (f)(1) by inserting ‘‘or an appointment’’ after
‘‘commission’’.
SEC. 624. SPECIAL PAY FOR SERVICE AS MEMBER OF WEAPONS OF
MASS DESTRUCTION CIVIL SUPPORT TEAM.
(a) IN GENERAL.—Chapter 5 of title 37, United States Code,
is amended by inserting after section 305a the following new section:
‘‘§ 305b. Special pay: service as member of Weapons of Mass
Destruction Civil Support Team
‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary of a military
department may pay special pay under this subsection to members
of an armed force under the jurisdiction of the Secretary who
are entitled to basic pay under section 204 and are assigned by
orders to duty as members of a Weapons of Mass Destruction
Civil Support Team if the Secretary determines that the payment
of such special pay is needed to address recruitment or retention
concerns in that armed force.
‘‘(b) MONTHLY RATE.—The monthly rate of special pay under
subsection (a) may not exceed $150.
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‘‘(c) INCLUSION OF RESERVE COMPONENT MEMBERS PERFORMING
INACTIVE DUTY TRAINING.—(1) To the extent funds are made avail-
able to carry out this subsection, the Secretary of a military depart-
ment may pay the special pay under subsection (a) to members
of a reserve component of the armed forces who are entitled to
compensation under section 206 of this title and who perform duty
under orders as members of a Weapons of Mass Destruction Civil
Support Team.
‘‘(2) The amount of the special pay for a member referred
to in paragraph (1) shall be equal to 1⁄30 of the monthly special
pay rate in effect under subsection (b) for each day on which
the member performs duty under orders as members of a Weapons
of Mass Destruction Civil Support Team.
‘‘(d) REGULATIONS.—Special pay under this section shall be
provided in accordance with regulations prescribed by the Secretary
of Defense.
‘‘(e) DEFINITION.—In this section, the term ‘Weapons of Mass
Destruction Civil Support Team’ means a team of members of
the reserve components of the armed forces that is established
under section 12310(c) of title 10 in support of emergency prepared-
ness programs to prepare for or to respond to any emergency
involving the use of a weapon of mass destruction.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 305a the following new item:
‘‘305b. Special pay: service as member of Weapons of Mass Destruction Civil Sup-
port Team.’’.
SEC. 625. INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPA-
TIONAL SPECIALTY TO EASE PERSONNEL SHORTAGE.
(a) IN GENERAL.—Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
‘‘§ 326. Incentive bonus: conversion to military occupational
specialty to ease personnel shortage
‘‘(a) INCENTIVE BONUS AUTHORIZED.—The Secretary concerned
may pay a bonus under this section to an eligible member of
the armed forces who executes a written agreement to convert
to, and serve for a period of not less than three years in, a military
occupational specialty for which there is a shortage of trained
and qualified personnel.
‘‘(b) ELIGIBLE MEMBERS.—A member is eligible to enter into
an agreement under subsection (a) if—
‘‘(1) the member is entitled to basic pay; and
‘‘(2) at the time the agreement is executed, the member
is serving in—
‘‘(A) pay grade E–6, with not more than 10 years
of service computed under section 205 of this title; or
‘‘(B) pay grade E–5 or below, regardless of years of
service.
‘‘(c) AMOUNT
AND PAYMENT
OF BONUS.—(1) A bonus under
this section may not exceed $4,000.
‘‘(2) A bonus payable under this section shall be disbursed
in one lump sum when the member’s conversion to the military
occupational specialty is approved by the chief personnel officer
of the member’s armed force.
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‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A bonus
paid to a member under this section is in addition to any other
pay and allowances to which the member is entitled.
‘‘(e) REPAYMENT
OF BONUS.—(1) A member who receives a
bonus under this section and who, voluntarily or because of mis-
conduct, fails to serve in such military occupational specialty for
the period specified in the agreement executed under subsection
(a) shall refund to the United States an amount that bears the
same ratio to the bonus amount paid to the member as the unserved
part of such period bears to the total period agreed to be served.
‘‘(2) An obligation to reimburse the United States imposed
under paragraph (1) is, for all purposes, a debt owed to the United
States.
‘‘(3) A discharge in bankruptcy under title 11 that is entered
less than five years after the termination of the agreement for
which a bonus was paid under this section shall not discharge
the person signing such agreement from the debt arising under
paragraph (1).
‘‘(4) Under regulations prescribed pursuant to subsection (f),
the Secretary concerned may waive, in whole or in part, a refund
required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would
be contrary to the best interests of the United States.
‘‘(f) REGULATIONS.—The Secretaries concerned shall prescribe
regulations to carry out this section. Regulations prescribed by
the Secretary of a military department shall be subject to the
approval of the Secretary of Defense.
‘‘(g) TERMINATION OF AUTHORITY.—No agreement under this
section may be entered into after December 31, 2006.’’.
(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:
‘‘326. Incentive bonus: conversion to military occupational specialty to ease per-
sonnel shortage.’’.
SEC. 626. BONUS FOR REENLISTMENT DURING SERVICE ON ACTIVE
DUTY IN AFGHANISTAN, IRAQ, OR KUWAIT.
(a) CRITICAL SKILL REENLISTMENT BONUS.—Section 308(a) of
title 37, United States Code, is amended by adding at the end
the following new paragraph:
‘‘(5) The Secretary of Defense may waive the eligibility require-
ment in paragraph (1)(B) in the case of a reenlistment or voluntary
extension of enlistment by a member of the armed forces that
is entered into as described in this subsection while the member
is serving on active duty in Afghanistan, Iraq, or Kuwait in support
of Operation Enduring Freedom or Operation Iraqi Freedom.’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(c)
of such title is amended by adding at the end the following new
paragraph:
‘‘(3) In the case of a reenlistment or voluntary extension of
enlistment by a member of the armed forces that is entered into
as described in subsection (a) while the member is serving on
active duty in Afghanistan, Iraq, or Kuwait in support of Operation
Enduring Freedom or Operation Iraqi Freedom, the Secretary con-
cerned may waive so much of paragraph (1)(B) or subsection (a)(2)
as requires that the skill or unit in which the member reenlists
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or extends an enlistment be a designated skill or designated unit
determined by the Secretary concerned.’’.
(c) READY RESERVE REENLISTMENT BONUS.—Section 308h(a)
of such title is amended by adding at the end the following new
paragraph:
‘‘(4) The Secretary concerned may waive the eligibility require-
ment in paragraph (2)(B) in the case of a reenlistment or voluntary
extension of enlistment by a member of the armed forces that
is entered into as described in this subsection while the member
is serving on active duty in Afghanistan, Iraq, or Kuwait in support
of Operation Enduring Freedom and Operation Iraqi Freedom.’’.
(d) RETROACTIVE APPLICATION.—The amendments made by this
section shall take effect as of March 18, 2003, and apply with
respect to reenlistments or the voluntary extension of enlistments
that are entered into on or after that date.
Subtitle C—Travel and Transportation
Allowances
SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLE WITHIN
CONTINENTAL UNITED STATES.
(a) AUTHORITY TO PROCURE CONTRACT FOR TRANSPORTATION
OF MOTOR VEHICLE.—Section 2634 of title 10, United States Code,
is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new sub-
section (h):
‘‘(h) In the case of a member’s change of permanent station
described in subparagraph (A) or (B) of subsection (i)(1), the Sec-
retary concerned may authorize the member to arrange for the
shipment of the motor vehicle in lieu of transportation at the
expense of the United States under this section. The Secretary
concerned may pay the member a monetary allowance in lieu of
transportation, as established under section 404(d)(1) of title 37,
and the member shall be responsible for any transportation costs
in excess of such allowance.’’.
(b) ALLOWANCE FOR SELF-PROCUREMENT OF TRANSPORTATION
OF MOTOR VEHICLE.—Section 406(b)(1)(B) of title 37, United States
Code, is amended by adding at the end the following new sentence:
‘‘In the case of the transportation of a motor vehicle arranged
by the member under section 2634(h) of title 10, the Secretary
concerned may pay the member, upon presentation of proof of
shipment, a monetary allowance in lieu of transportation, as estab-
lished under section 404(d)(1) of this title.’’.
SEC. 632. TRANSPORTATION OF DEPENDENTS TO PRESENCE OF MEM-
BERS OF THE ARMED FORCES RETIRED FOR ILLNESS
OR INJURY INCURRED IN ACTIVE DUTY.
Section 411h(a) of title 37, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘military control’’ and
inserting ‘‘control’’; and
(2) in paragraph (2)(A)—
(A) by striking ‘‘or is entitled’’ and inserting ‘‘, is enti-
tled’’; and
Effective date.
37 USC 308 note.
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(B) by inserting before the semicolon at the end the
following: ‘‘, or is retired for the illness or injury referred
to in subparagraph (B)’’.
SEC. 633. PAYMENT OR REIMBURSEMENT OF STUDENT BAGGAGE
STORAGE COSTS FOR DEPENDENT CHILDREN OF MEM-
BERS STATIONED OVERSEAS.
Section 430(b)(2) of title 37, United States Code, is amended
in the first sentence by inserting before the period at the end
the following: ‘‘or during a different period in the same fiscal year
selected by the member’’.
SEC. 634. CONTRACTS FOR FULL REPLACEMENT VALUE FOR LOSS
OR DAMAGE TO PERSONAL PROPERTY TRANSPORTED AT
GOVERNMENT EXPENSE.
(a) AUTHORITY.—Chapter 157 of title 10, United States Code,
is amended by inserting after section 2636 the following new section:
‘‘§ 2636a. Loss or damage to personal property transported
at Government expense: full replacement value;
deduction from amounts due carriers
‘‘(a) PROCUREMENT OF COVERAGE.—The Secretary of Defense
may include in a contract for the transportation of baggage and
household effects for members of the armed forces at Government
expense a clause that requires the carrier under the contract to
pay the full replacement value for loss or damage to the baggage
or household effects transported under the contract.
‘‘(b) DEDUCTION UPON FAILURE OF CARRIER TO SETTLE.—In
the case of a loss or damage of baggage or household effects trans-
ported under a contract with a carrier that includes a clause
described in subsection (a), the amount equal to the full replacement
value for the baggage or household effects may be deducted from
the amount owed by the United States to the carrier under the
contract upon a failure of the carrier to settle a claim for such
loss or total damage within a reasonable time. The amount so
deducted shall be remitted to the claimant, notwithstanding section
2636 of this title.
‘‘(c) INAPPLICABILITY OF RELATED LIMITS.—The limitations on
amounts of claims that may be settled under section 3721(b) of
title 31 do not apply to a carrier’s contractual obligation to pay
full replacement value under this section.
‘‘(d) REGULATIONS.—The Secretary of Defense shall prescribe
regulations for administering this section. The regulations shall
include policies and procedures for validating and evaluating claims,
validating proper claimants, and determining reasonable time for
settlement.
‘‘(e) TRANSPORTATION DEFINED.—In this section, the terms
‘transportation’ and ‘transport’, with respect to baggage or house-
hold effects, includes packing, crating, drayage, temporary storage,
and unpacking of the baggage or household effects.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 2636 the following new item:
‘‘2636a. Loss or damage to personal property transported at Government expense:
full replacement value; deduction from amounts due carriers.’’.
SEC. 635. PAYMENT OF LODGING EXPENSES OF MEMBERS DURING
AUTHORIZED LEAVE FROM TEMPORARY DUTY LOCA-
TION.
(a) PAYMENT OR REIMBURSEMENT AUTHORIZED.—Chapter 7 of
title 37, United States Code, is amended by inserting after section
404a the following new section:
‘‘§ 404b. Travel and transportation allowances: lodging
expenses at temporary duty location for members
on authorized leave
‘‘(a) PAYMENT OR REIMBURSEMENT AUTHORIZED.—The Secretary
concerned may pay or reimburse a member of the armed forces
assigned to temporary duty as described in subsection (b) for lodging
expenses incurred by the member at the temporary duty location
while the member is in an authorized leave status.
‘‘(b) COVERED MEMBERS.—Subsection (a) applies with respect
to a member assigned to temporary duty, for a period of more
than 30 days, in support of a contingency operation or in other
specific situations designated by the Secretary concerned if the
member——
‘‘(1) immediately before taking the authorized leave, was
performing the temporary duty at a location away from the
home or permanent duty station of the member;
‘‘(2) was receiving a per diem allowance under section
404(a)(4) of this title to cover lodging and subsistence expenses
incurred at the temporary duty location because quarters of
the United States were not available for assignment to the
member at that location; and
‘‘(3) immediately after completing the authorized leave,
returns to the duty location.
‘‘(c) PAYMENT LIMITATION.—The amount paid or reimbursed
under subsection (a) for a member may not exceed the lesser of—
‘‘(1) the actual daily cost of lodging incurred by the member
at the temporary duty location while the member was in an
authorized leave status; and
‘‘(2) the lodging portion of the applicable daily per diem
rate for the temporary duty location.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 404a the following new item:
‘‘404b. Travel and transportation allowances: lodging expenses at temporary duty lo-
cation for members on authorized leave.’’.
Subtitle D—Retired Pay and Survivor
Benefits
SEC. 641. PHASE-IN OF FULL CONCURRENT RECEIPT OF MILITARY
RETIRED PAY AND VETERANS DISABILITY COMPENSA-
TION FOR CERTAIN MILITARY RETIREES.
(a) CONCURRENT RECEIPT.—Section 1414 of title 10, United
States Code, is amended to read as follows:
‘‘§ 1414. Members eligible for retired pay who are also eligible
for veterans’ disability compensation for disabil-
ities rated 50 percent or higher: concurrent pay-
ment of retired pay and veterans’ disability com-
pensation
‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION.—
‘‘(1) IN GENERAL.—Subject to subsection (b), a member or
former member of the uniformed services who is entitled for
any month to retired pay and who is also entitled for that
month to veterans’ disability compensation for a qualifying
service-connected disability (hereinafter in this section referred
to as a ‘qualified retiree’) is entitled to be paid both for that
month without regard to sections 5304 and 5305 of title 38.
During the period beginning on January 1, 2004, and ending
on December 31, 2013, payment of retired pay to such a quali-
fied retiree is subject to subsection (c).
‘‘(2) QUALIFYING SERVICE-CONNECTED DISABILITY.—In this
section, the term ‘qualifying service-connected disability’ means
a service-connected disability or combination of service-con-
nected disabilities that is rated as not less than 50 percent
disabling by the Secretary of Veterans Affairs.
‘‘(b) SPECIAL RULES FOR CHAPTER 61 DISABILITY RETIREES.—
‘‘(1) CAREER
RETIREES.—The retired pay of a member
retired under chapter 61 of this title with 20 years or more
of service otherwise creditable under section 1405 of this title,
or at least 20 years of service computed under section 12732
of this title, at the time of the member’s retirement is subject
to reduction under sections 5304 and 5305 of title 38, but
only to the extent that the amount of the member’s retired
pay under chapter 61 of this title exceeds the amount of retired
pay to which the member would have been entitled under
any other provision of law based upon the member’s service
in the uniformed services if the member had not been retired
under chapter 61 of this title.
‘‘(2) DISABILITY
RETIREES
WITH
LESS
THAN
20
YEARS
OF
SERVICE.—Subsection (a) does not apply to a member retired
under chapter 61 of this title with less than 20 years of service
otherwise creditable under section 1405 of this title, or with
less than 20 years of service computed under section 12732
of this title, at the time of the member’s retirement.
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‘‘(c) PHASE-IN
OF FULL CONCURRENT RECEIPT.—During the
period beginning on January 1, 2004, and ending on December
31, 2013, retired pay payable to a qualified retiree shall be deter-
mined as follows:
‘‘(1) CALENDAR YEAR 2004.—For a month during 2004, the
amount of retired pay payable to a qualified retiree is the
amount (if any) of retired pay in excess of the current baseline
offset plus the following:
‘‘(A) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as total,
$750.
‘‘(B) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as 90
percent, $500.
‘‘(C) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as 80
percent, $350.
‘‘(D) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as 70
percent, $250.
‘‘(E) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as 60
percent, $125.
‘‘(F) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as 50
percent, $100.
‘‘(2) CALENDAR YEAR 2005.—For a month during 2005, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount specified in paragraph (1) for that
qualified retiree; and
‘‘(B) 10 percent of the difference between (i) the current
baseline offset, and (ii) the amount specified in paragraph
(1) for that member’s disability.
‘‘(3) CALENDAR YEAR 2006.—For a month during 2006, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (2) for
that qualified retiree; and
‘‘(B) 20 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (2) for that qualified retiree.
‘‘(4) CALENDAR YEAR 2007.—For a month during 2007, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (3) for
that qualified retiree; and
‘‘(B) 30 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (3) for that qualified retiree.
‘‘(5) CALENDAR YEAR 2008.—For a month during 2008, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (4) for
that qualified retiree; and
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117 STAT. 1513
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‘‘(B) 40 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (4) for that qualified retiree.
‘‘(6) CALENDAR YEAR 2009.—For a month during 2009, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (5) for
that qualified retiree; and
‘‘(B) 50 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (5) for that qualified retiree.
‘‘(7) CALENDAR YEAR 2010.—For a month during 2010, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (6) for
that qualified retiree; and
‘‘(B) 60 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (6) for that qualified retiree.
‘‘(8) CALENDAR YEAR 2011.—For a month during 2011, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (7) for
that qualified retiree; and
‘‘(B) 70 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (7) for that qualified retiree.
‘‘(9) CALENDAR YEAR 2012.—For a month during 2012, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (8) for
that qualified retiree; and
‘‘(B) 80 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (8) for that qualified retiree.
‘‘(10) CALENDAR YEAR 2013.—For a month during 2013, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (9) for
that qualified retiree; and
‘‘(B) 90 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (9) for that qualified retiree.
‘‘(11) GENERAL LIMITATION.—Retired pay determined under
this subsection for a qualified retiree, if greater than the
amount of retired pay otherwise applicable to that qualified
retiree, shall be reduced to the amount of retired pay otherwise
applicable to that qualified retiree.
‘‘(d) COORDINATION WITH COMBAT-RELATED SPECIAL COMPENSA-
TION PROGRAM.—
‘‘(1) IN GENERAL.—A person who is a qualified retiree under
this section and is also an eligible combat-related disabled
uniformed services retiree under section 1413a of this title
may receive special compensation in accordance with that sec-
tion or retired pay in accordance with this section, but not
both.
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117 STAT. 1514
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‘‘(2) ANNUAL OPEN SEASON.—The Secretary concerned shall
provide for an annual period (referred to as an ‘open season’)
during which a person described in paragraph (1) shall have
the right to make an election to change from receipt of special
compensation in accordance with section 1413a of this title
to receipt of retired pay in accordance with this section, or
the reverse, as the case may be. Any such election shall be
made under regulations prescribed by the Secretary concerned.
Such regulations shall provide for the form and manner for
making such an election and shall provide for the date as
of when such an election shall become effective. In the case
of the Secretary of a military department, such regulations
shall be subject to approval by the Secretary of Defense.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) RETIRED PAY.—The term ‘retired pay’ includes retainer
pay, emergency officers’ retirement pay, and naval pension.
‘‘(2) VETERANS’ DISABILITY COMPENSATION.—The term ‘vet-
erans’ disability compensation’ has the meaning given the term
‘compensation’ in section 101(13) of title 38.
‘‘(3) DISABILITY RATED AS TOTAL.—The term ‘disability rated
as total’ means—
‘‘(A) a disability, or combination of disabilities, that
is rated as total under the standard schedule of rating
disabilities in use by the Department of Veterans Affairs;
or
‘‘(B) a disability, or combination of disabilities, for
which the scheduled rating is less than total but for which
a rating of total is assigned by reason of inability of the
disabled person concerned to secure or follow a substan-
tially gainful occupation as a result of disabilities for which
veterans’ disability compensation may be paid.
‘‘(4) CURRENT BASELINE OFFSET.—
‘‘(A) IN GENERAL.—The term ‘current baseline offset’
for any qualified retiree means the amount for any month
that is the lesser of—
‘‘(i) the amount of the applicable monthly retired
pay of the qualified retiree for that month; and
‘‘(ii) the amount of monthly veterans’ disability
compensation to which the qualified retiree is entitled
for that month.
‘‘(B) APPLICABLE RETIRED PAY.—In subparagraph (A),
the term ‘applicable retired pay’ for a qualified retiree
means the amount of monthly retired pay to which the
qualified retiree is entitled, determined without regard to
this section or sections 5304 and 5305 of title 38, except
that in the case of such a retiree who was retired under
chapter 61 of this title, such amount is the amount of
retired pay to which the member would have been entitled
under any other provision of law based upon the member’s
service in the uniformed services if the member had not
been retired under chapter 61 of this title.’’.
(b) 
REPEAL
OF
SUPERCEDED
SPECIAL
COMPENSATION
AUTHORITY.—Section 1413 of title 10, United States Code, is
repealed.
(c) SOURCE OF FUNDS FOR SPECIAL COMPENSATION AUTHORITIES
FOR DEPARTMENT OF DEFENSE RETIREES.—
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117 STAT. 1515
PUBLIC LAW 108–136—NOV. 24, 2003
(1) Sections 1413(g) and 1413a(h) of title 10, United States
Code, are each amended—
(A) by inserting before ‘‘Payments under’’ the following
new sentence: ‘‘Payments under this section for a member
of the Army, Navy, Air Force, or Marine Corps shall be
paid from the Department of Defense Military Retirement
Fund.’’; and
(B) by inserting ‘‘for any other member’’ before ‘‘for
any fiscal year’’.
(2) Section 1463(a)(1) of such title is amended by inserting
before the semicolon the following: ‘‘and payments under section
1413, 1413a, or 1414 of this title paid to such members’’.
(3) Section 1465(b) of such title is amended by adding
at the end the following new paragraph:
‘‘(3) At the same time that the Secretary of Defense makes
the determination required by paragraph (1) for any fiscal year,
the Secretary shall determine the amount of the Treasury contribu-
tion to be made to the Fund for the next fiscal year under section
1466(b)(2)(D) of this title. That amount shall be determined in
the same manner as the determination under paragraph (1) of
the total amount of Department of Defense contributions to be
made to the Fund during that fiscal year under section 1466(a)
of this title, except that for purposes of this paragraph the Secretary,
in making the calculations required by subparagraphs (A) and
(B) of that paragraph, shall use the single level percentages deter-
mined under subsection (c)(4), rather than those determined under
subsection (c)(1).’’.
(4) Section 1465(c) of such title is amended—
(A) in paragraph (1)—
(i) in subparagraph (A), by inserting before the
semicolon at the end the following: ‘‘, to be determined
without regard to section 1413, 1413a, or 1414 of this
title’’;
(ii) in subparagraph (B), by inserting before the
period at the end the following: ‘‘, to be determined
without regard to section 1413, 1413a, or 1414 of this
title’’; and
(iii) in the sentence following subparagraph (B),
by striking ‘‘subsection (b)’’ and inserting ‘‘subsection
(b)(1)’’;
(B) by redesignating paragraph (4) as paragraph (5);
and
(C) by inserting after paragraph (3) the following new
paragraph (4):
‘‘(4) Whenever the Secretary carries out an actuarial valuation
under paragraph (1), the Secretary shall include as part of such
valuation the following:
‘‘(A) A determination of a single level percentage deter-
mined in the same manner as applies under subparagraph
(A) of paragraph (1), but based only upon the provisions of
sections 1413, 1413a, and 1414 of this title.
‘‘(B) A determination of a single level percentage deter-
mined in the same manner as applies under subparagraph
(B) of paragraph (1), but based only upon the provisions of
sections 1413, 1413a, and 1414 of this title.
Such single level percentages shall be used for the purposes of
subsection (b)(3).’’.
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117 STAT. 1516
PUBLIC LAW 108–136—NOV. 24, 2003
(5) Section 1466(b) of such title is amended—
(A) in paragraph (1), by striking ‘‘sections 1465(a) and
1465(c)’’ and inserting ‘‘sections 1465(a), 1465(b)(3),
1465(c)(2), and 1465(c)(3)’’; and
(B) by adding at the end of paragraph (2) the following
new subparagraph:
‘‘(D) The amount for that year determined by the Secretary
of Defense under section 1465(b)(3) of this title for the cost
to the Fund arising from increased amounts payable from the
Fund by reason of section 1413, 1413a, or 1414 of this title.’’.
(6) The amendments made by this subsection shall take
effect as of October 1, 2003. The Secretary of Defense shall
provide for such administrative adjustments as necessary to
provide for payments made for any period during fiscal year
2004 before the date of the enactment of this Act to be treated
as having been made in accordance with such amendments
and for the provisions of such amendments to be implemented
as if enacted as of September 30, 2003.
(d) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 71 of such title is amended—
(1) by striking the item relating to section 1413; and
(2) by striking the item relating to section 1414 and
inserting the following:
‘‘1414. Members eligible for retired pay who are also eligible for veterans’ disability
compensation for disabilities rated 50 percent or higher: concurrent pay-
ment of retired pay and veterans’ disability compensation.’’.
(e) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on January 1, 2004, and shall apply
to payments for months beginning on or after that date.
SEC. 642. REVISIONS TO COMBAT-RELATED SPECIAL COMPENSATION
PROGRAM.
(a) EXTENSION OF PROGRAM TO COMBAT-RELATED DISABILITIES
RATED BELOW 60 PERCENT.—(1) Subsection (e) of section 1413a
of title 10, United States Code, is amended to read as follows:
‘‘(e) COMBAT-RELATED DISABILITY.—In this section, the term
‘combat-related disability’ means a disability that is compensable
under the laws administered by the Secretary of Veterans Affairs
and that—
‘‘(1) is attributable to an injury for which the member
was awarded the Purple Heart; or
‘‘(2) was incurred (as determined under criteria prescribed
by the Secretary of Defense)—
‘‘(A) as a direct result of armed conflict;
‘‘(B) while engaged in hazardous service;
‘‘(C) in the performance of duty under conditions simu-
lating war; or
‘‘(D) through an instrumentality of war.’’.
(2) Subsection (c)(2) of such section is amended by striking
‘‘qualifying’’.
(b) CLARIFICATION OF SERVICE REQUIRED FOR ELIGIBILITY.—
Subsection (c)(1) of such section is amended by inserting before
the semicolon the following: ‘‘or is entitled to retired pay under
section 12731 of this title (other than by reason of section 12731b
of this title)’’.
(c) CLARIFICATION
OF DETERMINATION
OF AMOUNT
OF COM-
PENSATION.—Subsection (b)(1) of such section is amended by
10 USC 1414
note.
Effective date.
10 USC 1413a
note.
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striking ‘‘for a’’ and all that follows and inserting ‘‘under subsection
(a) for any month is the amount of compensation to which the
retiree is entitled under title 38 for that month, determined without
regard to any disability of the retiree that is not a combat-related
disability.’’.
(d) REVISED COORDINATION PROVISION.—Subsection (f) of such
section is amended to read as follows:
‘‘(f) COORDINATION WITH CONCURRENT RECEIPT PROVISION.—
Subsection (d) of section 1414 of this title provides for coordination
between benefits under that section and under this section.’’.
(e) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 1413a. Combat-related special compensation’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 71 of such title is amended to read
as follows:
‘‘1413a. Combat-related special compensation.’’.
(f) EFFECTIVE DATE.—The amendments made by subsections
(a), (b), and (c) shall apply to payments under section 1413a of
title 10, United States Code, for months beginning on or after
January 1, 2004. The amendment made by subsection (d) shall
take effect on January 1, 2004.
SEC. 643. SPECIAL RULE FOR COMPUTATION OF RETIRED PAY BASE
FOR COMMANDERS OF COMBATANT COMMANDS.
(a) TREATMENT EQUIVALENT
TO CHIEFS
OF SERVICE.—Sub-
section (i) of section 1406 of title 10, United States Code, is amended
by inserting ‘‘as a commander of a unified or specified combatant
command (as defined in section 161(c) of this title),’’ after ‘‘Chief
of Service,’’.
(b) CONFORMING AMENDMENT.—The heading for such sub-
section is amended by inserting ‘‘COMMANDERS OF COMBATANT COM-
MANDS,’’ after ‘‘CHIEFS OF SERVICE,’’.
(c) EFFECTIVE DATE
AND APPLICABILITY.—The amendments
made by this section shall take effect on the date of the enactment
of this Act and shall apply with respect to officers who first become
entitled to retired pay under title 10, United States Code, on or
after such date.
SEC. 644. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING
SPOUSES OF RESERVES NOT ELIGIBLE FOR RETIREMENT
WHO DIE FROM A CAUSE INCURRED OR AGGRAVATED
WHILE ON INACTIVE-DUTY TRAINING.
(a) SURVIVING SPOUSE ANNUITY.—Paragraph (1) of section
1448(f) of title 10, United States Code, is amended to read as
follows:
‘‘(1) SURVIVING SPOUSE ANNUITY.—The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of a person who—
‘‘(A) is eligible to provide a reserve-component annuity
and dies—
‘‘(i) before being notified under section 12731(d)
of this title that he has completed the years of service
required for eligibility for reserve-component retired
pay; or
10 USC 1406
note.
Applicability.
10 USC 1413a
note.
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‘‘(ii) during the 90-day period beginning on the
date he receives notification under section 12731(d)
of this title that he has completed the years of service
required for eligibility for reserve-component retired
pay if he had not made an election under subsection
(a)(2)(B) to participate in the Plan; or
‘‘(B) is a member of a reserve component not described
in subparagraph (A) and dies from an injury or illness
incurred or aggravated in the line of duty during inactive-
duty training.’’.
(b) CONFORMING AMENDMENT.—The heading for subsection (f)
of section 1448 of such title is amended by inserting ‘‘OR BEFORE’’
after ‘‘DYING WHEN’’.
(c) EFFECTIVE DATE.—Subparagraph (B) of section 1448(f)(1)
of title 10, United States Code, as added by subsection (a), shall
take effect as of September 10, 2001, and shall apply with respect
to performance of inactive-duty training (as defined in section 101(d)
of title 10, United States Code) on or after that date.
SEC. 645. SURVIVOR BENEFIT PLAN MODIFICATIONS.
(a) ELIGIBILITY OF DEPENDENT CHILDREN FOR SURVIVOR ANNU-
ITIES IN CASES OF DEATHS OF MEMBERS ON ACTIVE DUTY.—(1)
Paragraph (2) of section 1448(d) of title 10, United States Code,
is amended to read as follows:
‘‘(2) DEPENDENT CHILDREN.—
‘‘(A) ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE.—
In the case of a member described in paragraph (1), the
Secretary concerned shall pay an annuity under this sub-
chapter to the member’s dependent children under section
1450(a)(2) of this title as applicable.
‘‘(B) OPTIONAL ANNUITY WHEN THERE IS AN ELIGIBLE
SURVIVING SPOUSE.—In the case of a member described
in paragraph (1) who dies on or after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2004 and for whom there is a surviving spouse
eligible for an annuity under paragraph (1), the Secretary
may pay an annuity under this subchapter to the member’s
dependent children under section 1450(a)(3) of this title,
if applicable, instead of paying an annuity to the surviving
spouse under paragraph (1), if the Secretary concerned,
in consultation with the surviving spouse, determines it
appropriate to provide an annuity for the dependent chil-
dren under this paragraph instead of an annuity for the
surviving spouse under paragraph (1).’’.
(2) Paragraph (1) of such section is amended by striking ‘‘The
Secretary concerned’’ and inserting ‘‘Except as provided in para-
graph (2)(B), the Secretary concerned’’.
(b) VITIATION OF SURVIVOR ANNUITY ELECTIONS MADE BY DIS-
ABILITY RETIREES WHO DIE OF DISABILITY-RELATED CAUSES.—(1)
Section 1448(b)(1) of such title is amended by adding at the end
the following new subparagraph:
‘‘(F) VITIATION OF ELECTION BY DISABILITY RETIREE WHO
DIES OF DISABILITY-RELATED CAUSE.—If a member retired
on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2004 under
chapter 61 of this title dies within one year after the
date on which the member is so retired and the cause
Applicability.
10 USC 1448
note.
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of death is related to a disability for which the member
was retired under that chapter (as determined under regu-
lations prescribed by the Secretary of Defense)—
‘‘(i) an election made by the member under para-
graph (1) to provide an annuity under the Plan to
any person other than a dependent of that member
(as defined in section 1072(2) of this title) is vitiated;
and
‘‘(ii) the amounts by which the member’s retired
pay was reduced under section 1452 of this title shall
be refunded and paid to the person to whom the
annuity under the Plan would have been paid pursuant
to such election.’’.
(2) Section 1458 of such title is amended by adding at the
end the following new subsection:
‘‘(j) VITIATION OF ELECTION BY DISABILITY RETIREE WHO DIES
OF DISABILITY-RELATED CAUSE.—If a member retired on or after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2004 under chapter 61 of this title dies within
one year after the date on which the member is so retired and
the cause of death is related to a disability for which the member
was retired under that chapter (as determined under regulations
prescribed by the Secretary of Defense)—
‘‘(1) an election made by the member to provide a supple-
mental spouse annuity under this subchapter is vitiated; and
‘‘(2) the amounts by which the member’s retired pay was
reduced under section 1460 of this title shall be refunded and
paid to the person to whom the supplemental spouse annuity
would have been paid pursuant to such election.’’.
(c) INSURABLE INTEREST ANNUITY DEEMED ELECTIONS.—Section
1448(d) of such title is amended by adding at the end the following
new paragraph:
‘‘(6) DEEMED ELECTION.—
‘‘(A) ANNUITY
FOR
DEPENDENT.—In the case of a
member described in paragraph (1) who dies on or after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2004, the Secretary con-
cerned may, if no other annuity is payable on behalf of
the member under this subchapter, pay an annuity to
a natural person who has an insurable interest in such
member as if the annuity were elected by the member
under subsection (b)(1). The Secretary concerned may pay
such an annuity under this paragraph only in the case
of a person who is a dependent of that member (as defined
in section 1072(2) of this title).
‘‘(B) COMPUTATION
OF
ANNUITY.—An annuity under
this subparagraph shall be computed under section 1451(b)
of this title as if the member had retired for total disability
on the date of death with reductions as specified under
section 1452(c) of this title, as applicable to the ages of
the member and the natural person with an insurable
interest.’’.
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SEC. 646. INCREASE IN DEATH GRATUITY PAYABLE WITH RESPECT
TO DECEASED MEMBERS OF THE ARMED FORCES.
(a) AMOUNT OF DEATH GRATUITY.—Section 1478(a) of title 10,
United States Code, is amended by striking ‘‘$6,000’’ and inserting
‘‘$12,000’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as of September 11, 2001, and shall apply with
respect to deaths occurring on or after that date.
SEC. 647. DEATH BENEFITS STUDY.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the sacrifices made by the members of the Armed Forces
are significant and are worthy of meaningful expressions of
gratitude by the United States, especially in cases of sacrifice
through loss of life;
(2) the tragic events of September 11, 2001, and subsequent
worldwide combat operations in the Global War on Terrorism
and in Operation Iraqi Freedom have highlighted the significant
disparity between the financial benefits for survivors of
deceased members of the Armed Forces and the financial bene-
fits for survivors of civilian victims of terrorism;
(3) the death benefits system composed of the death gra-
tuity paid by the Department of Defense to survivors of mem-
bers of the Armed Forces, the subsequently established
Servicemembers’ Group Life Insurance (SGLI) program, and
other benefits for survivors of deceased members has evolved
over time, but there are increasing indications that the evo-
lution of such benefits has failed to keep pace with the expan-
sion of indemnity and compensation available to segments of
United States society outside the Armed Forces, a failure that
is especially apparent in a comparison of the benefits for sur-
vivors of deceased members with the compensation provided
to families of civilian victims of terrorism; and
(4) while the Servicemembers’ Group Life Insurance (SGLI)
program provides an assured source of life insurance for mem-
bers of the Armed Forces that benefits the survivors of such
members upon death, that program requires servicemembers
to pay for that life insurance coverage and does not provide
an assured minimum benefit.
(b) STUDY REQUIRED.—The Secretary of Defense shall carry
out a study of the totality of all current and projected death benefits
for survivors of deceased members of the Armed Forces to determine
the adequacy of such benefits. In carrying out the study, the Sec-
retary shall—
(1) compare the Federal death benefits for survivors of
deceased members of the Armed Forces with—
(A) commercial and other private sector death benefits
plans for segments of United States society outside the
Armed Forces; and
(B) the benefits available under Public Law 107–37
(115 Stat. 219) (commonly known as the ‘‘Public Safety
Officer Benefits Bill’’);
(2) assess the personnel policy effects that would result
from a revision of the death gratuity benefit to provide a
stratified schedule of entitlement amounts that places a pre-
mium on deaths resulting from participation in combat or from
acts of terrorism;
Applicability.
10 USC 1478
note.
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(3) assess the adequacy of the current system of Survivor
Benefit Plan annuities under title 10, United States Code,
and dependency and indemnity compensation under title 38,
United States Code, and the anticipated effects (if any) of
an elimination of the offset of Survivor Benefit Plan annuities
by dependency and indemnity compensation payments;
(4) examine the commercial insurability of members of
the Armed Forces in high-risk military occupational specialties;
and
(5) examine the extent to which private trusts and founda-
tions engage in fundraising or otherwise provide financial bene-
fits for survivors of deceased members of the Armed Forces.
(c) REPORT.—Not later than March 1, 2004, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the results of the study
under subsection (b). The report shall include the following:
(1) The assessments, analyses, and conclusions resulting
from the study.
(2) Proposed legislation to address the deficiencies in the
system of Federal death benefits for survivors of deceased mem-
bers of the Armed Forces that are identified in the course
of the study.
(3) An estimate of the costs of the system of death benefits
provided for in the proposed legislation.
(d) COMPTROLLER GENERAL STUDY.—The Comptroller General
shall conduct a study to identify the death benefits that are payable
under Federal, State, and local laws for employees of the United
States, State governments, and local governments. Not later than
March 1, 2004, the Comptroller General shall submit a report
containing the results of the study to the Committees on Armed
Services of the Senate and the House of Representatives.
Subtitle 
E—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits
SEC. 651. EXPANDED COMMISSARY ACCESS FOR SELECTED RESERVE
MEMBERS, RESERVE RETIREES UNDER AGE 60, AND
THEIR DEPENDENTS.
(a) ACCESS TO MILITARY COMMISSARIES.—Section 1065 of title
10, United States Code, is amended—
(1) in subsections (a), (b), and (c), by inserting ‘‘commissary
stores and’’ after ‘‘use’’ each place it appears; and
(2) in subsection (d)—
(A) by inserting ‘‘commissary stores and’’ after ‘‘use’’
the first and third places it appears; and
(B) by inserting ‘‘stores and’’ after ‘‘use’’ the second
and fourth places it appears.
(b) CONFORMING
AMENDMENTS; TRANSFER
OF
SECTION.—
Chapter 54 of such title is amended—
(1) by striking sections 1063 and 1064;
(2) in section 1063a(c)(2), by striking ‘‘section 1065(e)’’ and
inserting ‘‘section 1063(e)’’;
(3) by redesignating section 1063a, as amended by para-
graph (2), as section 1064;
Deadline.
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(4) by transferring section 1065, as amended by subsection
(a), so as to appear after section 1062; and
(5) by striking the heading of such section, as amended
by subsection (a) and transferred by paragraph (4), and
inserting the following new heading:
‘‘§ 1063. Use of commissary stores and MWR retail facilities:
members of reserve components and reserve
retirees under age 60’’.
(c) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of such chapter is amended by striking the items relating
to sections 1063, 1063a, 1064, and 1065 and inserting the following
new items:
‘‘1063. Use of commissary stores and MWR retail facilities: members of reserve com-
ponents and reserve retirees under age 60.
‘‘1064. Use of commissary stores and MWR retail facilities: members of National
Guard serving in federally declared disaster or national emergency.’’.
SEC. 652. DEFENSE COMMISSARY SYSTEM AND EXCHANGE STORES
SYSTEM.
(a) EXISTENCE OF SYSTEMS.—Chapter 147 of title 10, United
States Code, is amended by inserting before section 2482 the fol-
lowing new section:
‘‘§ 2481. Existence of defense commissary system and
exchange stores system
‘‘(a) IN GENERAL.—The Secretary of Defense shall operate a
defense commissary system and an exchange stores system in the
manner provided by this chapter and other provisions of law.
‘‘(b) SEPARATE SYSTEMS.—(1) Except as provided in paragraph
(2), the defense commissary system and the exchange stores system
shall be operated as separate systems of the Department of Defense.
‘‘(2) This subsection does not apply to the following:
‘‘(A) Combined exchange and commissary stores operated
under the authority provided by section 2490a of this title.
‘‘(B) NEXMART stores of the Navy Exchange Service Com-
mand established before October 1, 2003.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting before the item
relating to section 2482 the following new item:
‘‘2481. Existence of defense commissary system and exchange stores system.’’.
SEC. 653. LIMITATIONS ON PRIVATE OPERATION OF DEFENSE COM-
MISSARY STORE FUNCTIONS.
Section 2482(a) of title 10, United States Code, is amended—
(1) by striking the first and second sentences and inserting
the following: ‘‘(1) Under such regulations as the Secretary
of Defense may approve, private persons may operate selected
commissary store functions, except that such functions may
not include functions relating to the procurement of products
to be sold in a commissary store or functions relating to the
overall management of a commissary system or the manage-
ment of a commissary store.’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Any change to private operation of a commissary store
function that is being performed by more than 10 Department
of Defense civilian employees shall not take effect until the end
10 USC 1063.
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of the 75-day period beginning on the date on which the Secretary
of Defense submits to Congress written notice of the change.’’.
SEC. 654. USE OF APPROPRIATED FUNDS TO OPERATE DEFENSE COM-
MISSARY SYSTEM.
(a) REQUIREMENT THAT COMMISSARY OPERATING EXPENSES BE
PAID FROM APPROPRIATED FUNDS.—Section 2484 of title 10, United
States Code, is amended—
(1) in subsection (a), by striking ‘‘may’’ and inserting ‘‘shall’’;
and
(2) in subsection (b), by striking ‘‘may’’ in the first sentence
and inserting ‘‘shall’’.
(b) SUPPLEMENTAL FUNDS FOR COMMISSARY OPERATIONS.—Such
section is further amended by adding at the end the following
new subsection:
‘‘(c) SUPPLEMENTAL FUNDS
FOR COMMISSARY OPERATIONS.—
Amounts appropriated to cover the expenses of operating the
Defense Commissary Agency and the defense commissary system
may be supplemented with additional funds from manufacturers’
coupon redemption fees, handling fees for tobacco products, and
other amounts received as reimbursement for other support activi-
ties provided by commissary activities.’’.
SEC. 655. RECOVERY OF NONAPPROPRIATED FUND INSTRUMENTALITY
AND COMMISSARY STORE INVESTMENTS IN REAL PROP-
ERTY 
AT 
MILITARY 
INSTALLATIONS 
CLOSED 
OR
REALIGNED.
(a) 1988 LAW.—Section 204(b)(7)(C) of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act (Public
Law 100–526; 10 U.S.C. 2687 note) is amended—
(1) in the second sentence of clause (i), by striking ‘‘The
Secretary may use amounts in the account (in such an aggre-
gate amount as is provided in advance in appropriation Acts)’’
and inserting ‘‘Subject to the limitation in clause (iii), amounts
in the reserve account are hereby made available to the Sec-
retary, without appropriation and until expended,’’;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following new clause
(iii):
‘‘(iii) The aggregate amount obligated from the reserve account
established under clause (i) may not exceed the following:
‘‘(I) In fiscal year 2004, $31,000,000.
‘‘(II) In fiscal year 2005, $24,000,000.
‘‘(III) In fiscal year 2006, $15,000,000.’’.
(b) 1990 LAW.—Section 2906(d)(3) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note) is amended by striking ‘‘The Sec-
retary may use amounts in the account (in such an aggregate
amount as is provided in advance in appropriation Acts)’’ and
inserting 
‘‘Subject 
to 
the 
limitation 
contained 
in 
section
204(b)(7)(C)(iii) of the Defense Authorization Amendments and Base
Closure and Realignment Act, amounts in the reserve account are
hereby made available to the Secretary, without appropriation and
until expended,’’.
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Subtitle F—Other Matters
SEC. 661. COMPTROLLER GENERAL REPORT ON ADEQUACY OF SPE-
CIAL 
PAYS 
AND 
ALLOWANCES 
FOR 
FREQUENTLY
DEPLOYED MEMBERS.
Not later than April 1, 2004, the Comptroller General shall
submit to Congress a report regarding the adequacy of special
pays and allowances for members of the Armed Forces who are
frequently deployed away from their permanent duty stations for
periods of less than 30 days. The report shall include an assessment
of the eligibility requirements for the family separation allowance
under section 427 of title 37, United States Code, including those
relating to required duration of absences from the permanent duty
station.
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.
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.
Deadline.
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Subtitle A—Enhanced Benefits for
Reserves
SEC. 701. MEDICAL AND DENTAL SCREENING FOR READY RESERVE
MEMBERS ALERTED FOR MOBILIZATION.
Subsection (f) of section 1074a of title 10, United States Code,
as amended by section 1114 of the Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004, is amended to read as follows:
‘‘(f)(1) At any time after the Secretary concerned notifies mem-
bers of the Ready Reserve that the members are to be called
or ordered to active duty for a period of more than 30 days, the
administering Secretaries may provide to each such member any
medical and dental screening and care that is necessary to ensure
that the member meets the applicable medical and dental standards
for deployment.
‘‘(2) The notification to members of the Ready Reserve described
in paragraph (1) shall include notice that the members are eligible
for screening and care under this section.
‘‘(3) A member provided medical or dental screening or care
under paragraph (1) may not be charged for the screening or care.’’.
SEC. 702. COVERAGE FOR READY RESERVE MEMBERS UNDER TRICARE
PROGRAM.
Section 1076b of title 10, United States Code, as added by
section 1115 of the Emergency Supplemental Appropriations Act
for Defense and for the Reconstruction of Iraq and Afghanistan,
2004, is amended to read as follows:
‘‘§ 1076b. TRICARE program: coverage for members of the
Ready Reserve
‘‘(a) ELIGIBILITY.—Each member of the Selected Reserve of the
Ready Reserve and each member of the Individual Ready Reserve
described in section 10144(b) of this title is eligible, subject to
subsection (h), to enroll in TRICARE and receive benefits under
such enrollment for any period that the member—
‘‘(1) is an eligible unemployment compensation recipient;
or
‘‘(2) is not eligible for health care benefits under an
employer-sponsored health benefits plan.
‘‘(b) TYPES OF COVERAGE.—(1) A member eligible under sub-
section (a) may enroll for either of the following types of coverage:
‘‘(A) Self alone coverage.
‘‘(B) Self and family coverage.
‘‘(2) An enrollment by a member for self and family covers
the member and the dependents of the member who are described
in subparagraph (A), (D), or (I) of section 1072(2) of this title.
‘‘(c) OPEN ENROLLMENT PERIODS.—The Secretary of Defense
shall provide for at least one open enrollment period each year.
During an open enrollment period, a member eligible under sub-
section (a) may enroll in the TRICARE program or change or
terminate an enrollment in the TRICARE program.
‘‘(d) SCOPE OF CARE.—(1) A member and the dependents of
a member enrolled in the TRICARE program under this section
shall be entitled to the same benefits under this chapter as a
Notification.
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member of the uniformed services on active duty or a dependent
of such a member, respectively.
‘‘(2) Section 1074(c) of this title shall apply with respect to
a member enrolled in the TRICARE program under this section.
‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall charge pre-
miums for coverage pursuant to enrollments under this section.
The Secretary shall prescribe for each of the TRICARE program
options a premium for self alone coverage and a premium for
self and family coverage.
‘‘(2) The monthly amount of the premium in effect for a month
for a type of coverage under this section shall be the amount
equal to 28 percent of the total amount determined by the Secretary
on an appropriate actuarial basis as being reasonable for the cov-
erage.
‘‘(3) The premiums payable by a member under this subsection
may be deducted and withheld from basic pay payable to the
member under section 204 of title 37 or from compensation payable
to the member under section 206 of such title. The Secretary shall
prescribe the requirements and procedures applicable to the pay-
ment of premiums by members not entitled to such basic pay
or compensation.
‘‘(4) Amounts collected as premiums under this subsection shall
be credited to the appropriation available for the Defense Health
Program Account under section 1100 of this title, shall be merged
with sums in such Account that are available for the fiscal year
in which collected, and shall be available under subparagraph (B)
of such section for such fiscal year.
‘‘(f) OTHER CHARGES.—A person who receives health care pursu-
ant to an enrollment in a TRICARE program option under this
section, including a member who receives such health care, shall
be subject to the same deductibles, copayments, and other nonpre-
mium charges for health care as apply under this chapter for
health care provided under the same TRICARE program option
to dependents described in subparagraph (A), (D), or (I) of section
1072(2) of this title.
‘‘(g) TERMINATION
OF ENROLLMENT.—(1) A member enrolled
in the TRICARE program under this section may terminate the
enrollment only during an open enrollment period provided under
subsection (c), except as provided in subsection (h).
‘‘(2) An enrollment of a member for self alone or for self and
family under this section shall terminate on the first day of the
first month beginning after the date on which the member ceases
to be eligible under subsection (a).
‘‘(3) The enrollment of a member under this section may be
terminated on the basis of failure to pay the premium charged
the member under this section.
‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COVERAGE UPON
SEPARATION FROM ACTIVE DUTY.—(1) A member may not enroll
in the TRICARE program under this section while entitled to transi-
tional health care under subsection (a) of section 1145 of this
title or while authorized to receive health care under subsection
(c) of such section.
‘‘(2) A member who enrolls in the TRICARE program under
this section within 90 days after the date of the termination of
the member’s entitlement or eligibility to receive health care under
subsection (a) or (c) of section 1145 of this title may terminate
Applicability.
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the enrollment at any time within one year after the date of
the enrollment.
‘‘(i) CERTIFICATION OF NONCOVERAGE BY OTHER HEALTH BENE-
FITS PLAN.—The Secretary of Defense may require a member to
submit any certification that the Secretary considers appropriate
to substantiate the member’s assertion that the member is not
covered for health care benefits under any other health benefits
plan.
‘‘(j) 
ELIGIBLE
UNEMPLOYMENT
COMPENSATION
RECIPIENT
DEFINED.—In this section, the term ‘eligible unemployment com-
pensation recipient’ means, with respect to any month, any indi-
vidual who is determined eligible for any day of such month for
unemployment compensation under State law (as defined in section
205(9) of the Federal-State Extended Unemployment Compensation
Act of 1970), including Federal unemployment compensation laws
administered through the State.
‘‘(k) REGULATIONS.—The Secretary of Defense, in consultation
with the other administering Secretaries, shall prescribe regulations
for the administration of this section.
‘‘(l) TERMINATION OF AUTHORITY.—An enrollment in TRICARE
under this section may not continue after December 31, 2004.’’.
SEC. 703. EARLIER ELIGIBILITY DATE FOR TRICARE BENEFITS FOR
MEMBERS OF RESERVE COMPONENTS.
Subsection (d) of section 1074 of title 10, United States Code,
as added by section 1116 of the Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004, is amended to read as follows:
‘‘(d)(1) For the purposes of this chapter, a member of a reserve
component of the armed forces who is issued a delayed-effective-
date active-duty order, or is covered by such an order, shall be
treated as being on active duty for a period of more than 30
days beginning on the later of the date that is—
‘‘(A) the date of the issuance of such order; or
‘‘(B) 90 days before the date on which the period of active
duty is to commence under such order for that member.
‘‘(2) In this subsection, the term ‘delayed-effective-date active-
duty order’ means an order to active duty for a period of more
than 30 days in support of a contingency operation under a provision
of law referred to in section 101(a)(13)(B) of this title that provides
for active-duty service to begin under such order on a date after
the date of the issuance of the order.
‘‘(3) This subsection shall cease to be effective on December
31, 2004.’’.
SEC. 704. TEMPORARY EXTENSION OF TRANSITIONAL HEALTH CARE
BENEFITS.
(a) EXTENSION.—Subject to subsection (b), and notwithstanding
section 1117 of the Emergency Supplemental Appropriations Act
for Defense and for the Reconstruction of Iraq and Afghanistan,
2004, during the period beginning on the date of the enactment
of this Act and ending on December 31, 2004, section 1145(a)
of title 10, United States Code, shall be administered by substituting
for paragraph (3) the following:
‘‘(3) Transitional health care for a member under subsection
(a) shall be available for 180 days beginning on the date on
which the member is separated from active duty.’’.
10 USC 1145
note.
Termination
date.
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(b) EFFECTIVE DATE.—(1) Subsection (a) shall apply with
respect to separations from active duty that take effect on or after
the date of the enactment of this Act.
(2) Beginning on January 1, 2005, the period for which a
member is provided transitional health care benefits under section
1145(a) of title 10, United States Code, shall be adjusted as nec-
essary to comply with the limits provided under paragraph (3)
of such section.
SEC. 705. ASSESSMENT OF NEEDS OF RESERVES FOR HEALTH CARE
BENEFITS.
(a) GAO EVALUATION OF NEEDS OF RESERVE COMPONENTS FOR
HEALTH CARE BENEFITS.—The Comptroller General shall evaluate
the needs of members of the reserve components of the Armed
Forces and their families for obtaining and maintaining coverage
for health care benefits under health care benefits plans and pro-
grams.
(b) SPECIAL CONCERN.—In conducting the evaluation under this
section, the Comptroller General shall give special consideration
to the implications of the increased use of the reserve components
for carrying out and supporting operations of the Armed Forces
that has been experienced since the 1980s and is anticipated to
continue, particularly the increased frequency and magnitude of
the mobilization of Reserves and the increased length of the periods
of active duty of Reserves when mobilized.
(c) MATTERS COVERED.—The evaluation under this section shall
include the following matters:
(1) An examination of the extent to which Reserves and
the members of their families are covered by health care bene-
fits plans when the Reserves are not on active duty, including—
(A) the sources of the coverage;
(B) the scope of the benefits; and
(C) the extent to which the Reserves and the members
of their families use the benefits available.
(2) An identification of options for providing health care
benefits to Reserves and the members of their families not
covered by health care benefits plans without creating an incen-
tive for other Reserves to terminate coverage by such plans.
(3) A review of Department of Defense initiatives during
fiscal years 2003 and 2004 to address the problems of access
of mobilized Reserves and their families to health care and
health care benefits, including—
(A) a determination of the effectiveness of such initia-
tives; and
(B) a determination of the extent to which the problems
continue.
(4) An identification of options for continuing, after a
Reserve is mobilized, any coverage of the Reserve and the
Reserve’s family that exists under a health benefits plan before
the Reserve is mobilized.
(5) An assessment of the effects of—
(A) the provisions of this title that authorize or require
the Department of Defense to provide assistance specifically
to Reserves to facilitate the access to and use of TRICARE
benefits by Reserves or members of their families; and
(B) the provisions of this title that provide eligibility
for health care under chapter 55 of title 10, United States
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Code, for Reserves who are alerted by the Department
of Defense to prepare to be mobilized imminently.
(6) An examination of the existing programs under which
the Department of Defense provides health care benefits to
mobilized Reserves during a transitional period immediately
following the release of the Reserves from the active duty
for which mobilized, including an assessment of the extent
to which those programs meet the needs of such Reserves
for health care benefits on a transitional basis.
(d) REPORT.—Not later than May 1, 2004, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the results
of the evaluation required by this subsection, including findings
and recommendations.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘mobilized’’ means called or ordered to active
duty for a period of more than 30 days (as defined in section
101(d)(2) of title 10, United States Code).
(2) The term ‘‘Reserves’’ means members of the reserve
components of the Armed Forces.
SEC. 706. LIMITATION ON FISCAL YEAR 2004 OUTLAYS FOR TEM-
PORARY RESERVE HEALTH CARE PROGRAMS.
(a) OUTLAY LIMITATION.—In the administration of the tem-
porary Reserve health care programs, the Secretary of Defense
shall carry out those program so as to limit the total Department
of Defense expenditures under those programs during fiscal year
2004 to an amount not in excess $400,000,000.
(b) CONTINUITY OF CARE.—In the administration of the tem-
porary Reserve health care programs, the Secretary of Defense
shall carry out the implementation and termination of those pro-
grams so as to ensure the least amount of disruption to the con-
tinuity of care for persons provided care under those programs.
(c) TEMPORARY RESERVE HEALTH CARE PROGRAMS.—For pur-
poses of this section, the term ‘‘temporary Reserve health care
programs’’ means the following:
(1) The program under section 1076b of title 10, United
States Code, as amended by section 702.
(2) The program under section 1074(d) of title 10, United
States Code, as amended by section 703.
(3) The program under section 704.
SEC. 707. TRICARE BENEFICIARY COUNSELING AND ASSISTANCE
COORDINATORS 
FOR 
RESERVE 
COMPONENT 
BENE-
FICIARIES.
Section 1095e(a)(1) of title 10, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph
(C); and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
‘‘(B) designate for each of the TRICARE program
regions at least one person (other than a person designated
under subparagraph (A)) to serve full-time as a beneficiary
counseling and assistance coordinator solely for members
of the reserve components and their dependents who are
beneficiaries under the TRICARE program; and’’.
10 USC 1076b
note.
Deadline.
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SEC. 708. ELIGIBILITY OF RESERVE OFFICERS FOR HEALTH CARE
PENDING 
ORDERS 
TO 
ACTIVE 
DUTY 
FOLLOWING
COMMISSIONING.
Section 1074(a) of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(2) by striking ‘‘who is on active duty’’ and inserting
‘‘described in paragraph (2)’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) Members of the uniformed services referred to in paragraph
(1) are as follows:
‘‘(A) A member of a uniformed service on active duty.
‘‘(B) A member of a reserve component of a uniformed
service who has been commissioned as an officer if—
‘‘(i) the member has requested orders to active duty
for the member’s initial period of active duty following
the commissioning of the member as an officer;
‘‘(ii) the request for orders has been approved;
‘‘(iii) the orders are to be issued but have not been
issued; and
‘‘(iv) the member does not have health care insurance
and is not covered by any other health benefits plan.’’.
Subtitle B—Other Benefits Improvements
SEC. 711. ACCELERATION OF IMPLEMENTATION OF CHIROPRACTIC
HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.
The Secretary of Defense shall accelerate the implementation
of the plan required by section 702 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (Public Law 106–
398; 114 Stat. 1654A–173) (relating to chiropractic health care
services and benefits), with a goal of completing implementation
of the plan by October 1, 2005.
SEC. 712. REIMBURSEMENT OF COVERED BENEFICIARIES FOR CER-
TAIN TRAVEL EXPENSES RELATING TO SPECIALIZED
DENTAL CARE.
Section 1074i of title 10, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In any case’’;
and
(2) by adding at the end the following new subsection:
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘specialty care provider’ includes a dental
specialist.
‘‘(2) The term ‘dental specialist’ means an oral surgeon,
orthodontist, prosthodontist, periodontist, endodontist, or pedi-
atric dentist, and includes such other providers of dental care
and services as determined appropriate by the Secretary of
Defense.’’.
SEC. 713. ELIGIBILITY FOR CONTINUED HEALTH BENEFITS COVERAGE
EXTENDED TO CERTAIN MEMBERS OF UNIFORMED SERV-
ICES.
(a) EXTENSION.—Section 1078a(b) of title 10, United States
Code, is amended in paragraphs (1), (2)(A), and (3)(A) by striking
‘‘armed forces’’ and inserting ‘‘uniformed services’’ each place it
appears.
10 USC 1092
note.
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(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to members of the uniformed services who are
not otherwise covered by section 1078a of title 10, United States
Code, before the date of the enactment of this Act and who, on
or after such date, first meet the eligibility criteria specified in
subsection (b) of that section.
SEC. 714. AUTHORITY FOR DESIGNATED PROVIDERS TO ENROLL COV-
ERED BENEFICIARIES WITH OTHER PRIMARY HEALTH
INSURANCE COVERAGE.
Subsection (d) of section 724 of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C.
1073 note) is amended to read as follows:
‘‘(d) ADDITIONAL ENROLLMENT AUTHORITY.—(1) Subject to para-
graph (2), other covered beneficiaries may also receive health care
services from a designated provider.
‘‘(2)(A) The designated provider may market such services to,
and enroll, covered beneficiaries who—
‘‘(i) subject to the limitation in subparagraph (B), have
other primary health insurance coverage (other than Medicare
coverage) covering basic primary care and inpatient and out-
patient services; or
‘‘(ii) are enrolled in the direct care system under the
TRICARE program, regardless of whether the covered bene-
ficiaries were users of the health care delivery system of the
uniformed services in prior years.
‘‘(B) For each fiscal year beginning after September 30, 2003,
the number of covered beneficiaries who are newly enrolled by
a designated provider pursuant to subparagraph (A)(i) may not
exceed 10 percent of the excess (if any) of—
‘‘(i) the number of enrollees in managed care plans offered
by designated providers as of the first day of such fiscal year;
over
‘‘(ii) the number of such enrollees as of the first day of
the immediately preceding fiscal year.
‘‘(3) For purposes of this subsection, a covered beneficiary who
has other primary health insurance coverage includes any covered
beneficiary who has primary health insurance coverage—
‘‘(A) on the date of enrollment with a designated provider
pursuant to paragraph (2)(A)(i); or
‘‘(B) on such date of enrollment and during the period
after such date while the beneficiary is enrolled with the des-
ignated provider.’’.
Subtitle C—Planning, Programming, and
Management
SEC. 721. PERMANENT EXTENSION OF AUTHORITY TO ENTER INTO
PERSONAL SERVICES CONTRACTS FOR THE PERFORM-
ANCE OF HEALTH CARE RESPONSIBILITIES AT LOCA-
TIONS OTHER THAN MILITARY MEDICAL TREATMENT
FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is amended
by striking ‘‘The Secretary may not enter into a contract under
this paragraph after December 31, 2003.’’.
Applicability.
10 USC 1078a
note.
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SEC. 722. DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE
HEALTH CARE FUND VALUATIONS AND CONTRIBUTIONS.
(a) SEPARATE PERIODIC ACTUARIAL VALUATION FOR SINGLE UNI-
FORMED SERVICE.—Section 1115(c) of title 10, United States Code,
is amended by adding at the end of paragraph (1) the following:
‘‘The Secretary of Defense may determine a separate single level
dollar amount under subparagraph (A) or (B) for any participating
uniformed service, if, in the judgment of the Secretary, such a
determination would produce a more accurate and appropriate actu-
arial valuation for that uniformed service.’’.
(b) ASSOCIATED CALCULATIONS OF PAYMENTS INTO THE FUND.—
Section 1116 of such title is amended—
(1) in subsection (a), by striking ‘‘the amount that’’ in
the matter preceding paragraph (1) and inserting ‘‘the amount
that, subject to subsection (b),’’;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) If an actuarial valuation referred to in paragraph (1) or
(2) of subsection (a) has been calculated as a separate single level
dollar amount for a participating uniformed service under section
1115(c)(1) of this title, the administering Secretary for the depart-
ment in which such uniformed service is operating shall calculate
the amount under such paragraph separately for such uniformed
service. If the administering Secretary is not the Secretary of
Defense, the administering Secretary shall notify the Secretary
of Defense of the amount so calculated. To determine a single
amount for the purpose of paragraph (1) or (2) of subsection (a),
as the case may be, the Secretary of Defense shall aggregate the
amount calculated under this subsection for a uniformed service
for the purpose of such paragraph with the amount or amounts
calculated (whether separately or otherwise) for the other uniformed
services for the purpose of such paragraph.’’.
(c) CONFORMING AMENDMENT.—Subsections (a) and (c)(5) of
section 1115 of such title are amended by striking ‘‘section 1116(b)
of this title’’ and inserting ‘‘section 1116(c) of this title’’.
SEC. 723. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD.
(a) REQUIREMENT FOR SURVEYS.—(1) The Secretary of Defense
shall conduct surveys in the TRICARE market areas in the United
States to determine how many health care providers are accepting
new patients under TRICARE Standard in each such market area.
(2) The Secretary shall carry out the surveys in at least 20
TRICARE market areas in the United States each fiscal year after
fiscal year 2003 until all such market areas in the United States
have been surveyed. The Secretary shall complete six of the fiscal
year 2004 surveys not later than March 31, 2004.
(3) In prioritizing the market areas for the sequence in which
market areas are to be surveyed under this subsection, the Sec-
retary shall consult with representatives of TRICARE beneficiaries
and health care providers to identify locations where TRICARE
Standard beneficiaries are experiencing significant levels of access-
to-care problems under TRICARE Standard and shall give a high
priority to surveying health care providers in such areas.
(b) SUPERVISION.—(1) The Secretary shall designate a senior
official of the Department of Defense to take the actions necessary
Deadline.
10 USC 1073
note.
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for achieving and maintaining participation of health care providers
in TRICARE Standard in each TRICARE market area in a number
that is adequate to ensure the viability of TRICARE Standard
for TRICARE beneficiaries in that market area.
(2) The official designated under paragraph (1) shall have the
following duties:
(A) To educate health care providers about TRICARE
Standard.
(B) To encourage health care providers to accept patients
under TRICARE Standard.
(C) To ensure that TRICARE beneficiaries have the
information necessary to locate TRICARE Standard providers
readily.
(D) To recommend adjustments in TRICARE Standard pro-
vider payment rates that the official considers necessary to
ensure adequate availability of TRICARE Standard providers
for TRICARE Standard beneficiaries.
(c) GAO REVIEW.—(1) The Comptroller General shall, on an
ongoing basis, review—
(A) the processes, procedures, and analysis used by the
Department of Defense to determine the adequacy of the
number of health care providers—
(i) that currently accept TRICARE Standard bene-
ficiaries as patients under TRICARE Standard in each
TRICARE market area (as of the date of completion of
the review); and
(ii) that would accept TRICARE Standard beneficiaries
as new patients under TRICARE Standard in each
TRICARE market area (within a reasonable time after
the date of completion of the review); and
(B) the actions taken by the Department of Defense to
ensure ready access of TRICARE Standard beneficiaries to
health care under TRICARE Standard in each TRICARE
market area.
(2)(A) The Comptroller General shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a semiannual report on the results of the review under paragraph
(1). The first semiannual report shall be submitted not later than
June 30, 2004.
(B) The semiannual report under subparagraph (A) shall
include the following:
(i) An analysis of the adequacy of the surveys under sub-
section (a).
(ii) The adequacy of existing statutory authority to address
inadequate levels of participation by health care providers in
TRICARE Standard.
(iii) Identification of policy-based obstacles to achieving
adequacy of availability of TRICARE Standard health care
in the TRICARE market areas.
(iv) An assessment of the adequacy of Department of
Defense education programs to inform health care providers
about TRICARE Standard.
(v) An assessment of the adequacy of Department of
Defense initiatives to encourage health care providers to accept
patients under TRICARE Standard.
Reports.
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(vi) An assessment of the adequacy of information available
to TRICARE Standard beneficiaries to facilitate access by such
beneficiaries to health care under TRICARE Standard.
(vii) Any need for adjustment of health care provider pay-
ment rates to attract participation in TRICARE Standard by
appropriate numbers of health care providers.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘TRICARE Standard’’ means the option of
the TRICARE program that is also known as the Civilian
Health and Medical Program of the Uniformed Services, as
defined in section 1072(4) of title 10, United States Code.
(2) The term ‘‘United States’’ means the United States
(as defined in section 101(a) of title 10, United States Code),
its possessions (as defined in such section), and the Common-
wealth of Puerto Rico.
SEC. 724. PLAN FOR PROVIDING HEALTH COVERAGE INFORMATION
TO MEMBERS, FORMER MEMBERS, AND DEPENDENTS
ELIGIBLE FOR CERTAIN HEALTH BENEFITS.
(a) HEALTH INFORMATION PLAN REQUIRED.—The Secretary of
Defense shall develop a plan to—
(1) ensure that each household that includes one or more
eligible persons is provided information concerning—
(A) the extent of health coverage provided by sections
1079 or 1086 of title 10, United States Code, for each
such person;
(B) the costs, including the limits on such costs, that
each such person is required to pay for such health cov-
erage;
(C) sources of information for locating TRICARE-
authorized providers in the household’s locality; and
(D) methods to obtain assistance in resolving difficul-
ties encountered with billing, payments, eligibility, locating
TRICARE-authorized providers, collection actions, and such
other issues as the Secretary considers appropriate;
(2) provide mechanisms to ensure that each eligible person
has access to information identifying TRICARE-authorized pro-
viders in the person’s locality who have agreed to accept new
patients under section 1079 or 1086 of title 10, United States
Code, and to ensure that such information is periodically
updated;
(3) provide mechanisms to ensure that each eligible person
who requests assistance in locating a TRICARE-authorized pro-
vider is provided such assistance;
(4) provide information and recruitment materials and pro-
grams aimed at attracting participation of health care providers
as necessary to meet health care access requirements for all
eligible persons; and
(5) provide mechanisms to allow for the periodic identifica-
tion by the Department of Defense of the number and locality
of eligible persons who may intend to rely on TRICARE-author-
ized providers for health care services.
(b) IMPLEMENTATION OF PLAN.—The Secretary of Defense shall
implement the plan required by subsection (a) with respect to
any contract entered into by the Department of Defense after May
31, 2003, for managed health care.
(c) DEFINITIONS.—In this section:
10 USC 1079
note.
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(1) The term ‘‘eligible person’’ means a person eligible for
health benefits under section 1079 or 1086 of title 10, United
States Code.
(2) The term ‘‘TRICARE-authorized provider’’ means a
facility, doctor, or other provider of health care services—
(A) that meets the licensing and credentialing certifi-
cation requirements in the State where the services are
rendered;
(B) that meets requirements under regulations relating
to TRICARE for the type of health care services rendered;
and
(C) that has accepted reimbursement by the Secretary
of Defense as payment for services rendered during the
12-month period preceding the date of the most recently
updated provider information provided to households under
the plan required by subsection (a).
(d) SUBMISSION
OF PLAN.—Not later than March 31, 2004,
the Secretary shall submit to the Committees on Armed Services
of the Senate and House of Representatives the plan required
by subsection (a), together with a schedule for implementation
of the plan.
SEC. 725. TRANSFER OF CERTAIN MEMBERS OF THE PHARMACY AND
THERAPEUTICS COMMITTEE TO THE UNIFORM FOR-
MULARY BENEFICIARY ADVISORY PANEL UNDER THE
PHARMACY BENEFITS PROGRAM.
Section 1074g of title 10, United States Code, is amended—
(1) in subsection (b)(1) in the second sentence, by striking
‘‘facilities,’’ and all that follows through the end of the sentence
and inserting ‘‘facilities and representatives of providers in
facilities of the uniformed services.’’; and
(2) in subsection (c)(2)—
(A) by striking ‘‘represent nongovernmental’’ and
inserting the following: ‘‘represent—
‘‘(A) nongovernmental’’;
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following new subpara-
graphs:
‘‘(B) contractors responsible for the TRICARE retail phar-
macy program;
‘‘(C) contractors responsible for the national mail-order
pharmacy program; and
‘‘(D) TRICARE network providers.’’.
SEC. 726. WORKING GROUP ON MILITARY HEALTH CARE FOR PERSONS
RELIANT ON HEALTH CARE FACILITIES AT MILITARY
INSTALLATIONS TO BE CLOSED OR REALIGNED.
(a) IN
GENERAL.—Section 722 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10
U.S.C. 1073 note) is amended by striking subsections (a), (b), (c),
and (d) and inserting the following new subsections:
‘‘(a) ESTABLISHMENT.—Not later than December 31, 2003, the
Secretary of Defense shall establish a working group on the provi-
sion of military health care to persons who rely for health care
on health care facilities located at military installations—
‘‘(1) inside the United States that are selected for closure
or realignment in the 2005 round of realignments and closures
Deadline.
Deadline.
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authorized by sections 2912, 2913, and 2914 of the Defense
Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101–510; 10 U.S.C. 2687 note), as added
by title XXX of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107–107; 155 Stat. 1342); or
‘‘(2) outside the United States that are selected for closure
or realignment as a result of force posture changes.
‘‘(b) MEMBERSHIP.—The members of the working group shall
include, at a minimum, the following:
‘‘(1) The Assistant Secretary of Defense for Health Affairs,
or a designee of the Assistant Secretary.
‘‘(2) The Surgeon General of the Army, or a designee of
that Surgeon General.
‘‘(3) The Surgeon General of the Navy, or a designee of
that Surgeon General.
‘‘(4) The Surgeon General of the Air Force, or a designee
of that Surgeon General.
‘‘(5) At least one independent member (appointed by the
Secretary of Defense) from each TRICARE region, but not to
exceed a total of 12 members appointed under this paragraph,
whose experience in matters within the responsibility of the
working group qualify that person to represent persons author-
ized health care under chapter 55 of title 10, United States
Code.
‘‘(c) DUTIES.—(1) In developing the recommendations for the
2005 round of realignments and closures required by sections 2913
and 2914 of the Defense Base Closure and Realignment Act of
1990, the Secretary of Defense shall consult with the working
group.
‘‘(2) The working group shall be available to provide assistance
to the Defense Base Closure and Realignment Commission.
‘‘(3) In the case of each military installation referred to in
paragraph (1) or (2) of subsection (a) whose closure or realignment
will affect the accessibility to health care services for persons enti-
tled to such services under chapter 55 of title 10, United States
Code, the working group shall provide to the Secretary of Defense
a plan for the provision of the health care services to such persons.
‘‘(d) SPECIAL CONSIDERATIONS.—In carrying out its duties under
subsection (c), the working group—
‘‘(1) shall conduct meetings with persons entitled to health
care services under chapter 55 of title 10, United States Code,
or representatives of such persons;
‘‘(2) may use reliable sampling techniques;
‘‘(3) may visit the areas where closures or realignments
of military installations will adversely affect the accessibility
of health care for such persons and may conduct public
meetings; and
‘‘(4) shall ensure that members of the uniformed services
on active duty, members and former members of the uniformed
services entitled to retired or retainer pay, and dependents
and survivors of such members and retired personnel are
afforded the opportunity to express their views.’’.
(b) TERMINATION.—Section 722 of such Act is further amended
by adding at the end the following new subsection:
‘‘(f) TERMINATION.—The working group established pursuant
to subsection (a) shall terminate on December 31, 2006.’’.
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PUBLIC LAW 108–136—NOV. 24, 2003
(c) CONFORMING AMENDMENT.—Subsection (e) of such section
is amended by striking ‘‘joint services’’.
SEC. 727. JOINT PROGRAM FOR DEVELOPMENT AND EVALUATION OF
INTEGRATED HEALING CARE PRACTICES FOR MEMBERS
OF THE ARMED FORCES AND VETERANS.
(a) PROGRAM.—The Secretary of Defense and the Secretary
of Veterans Affairs may conduct a program to develop and evaluate
integrated healing care practices for members of the Armed Forces
and veterans. Any such program shall be carried out through the
Department of Veterans Affairs-Department of Defense Joint Execu-
tive Committee established under section 320 of title 38, United
States Code.
(b) SOURCE OF DOD FUNDS.—Amounts authorized to be appro-
priated by this Act for the Defense Health Program may be used
for the program under subsection (a).
TITLE VIII—AQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED 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 related
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.
38 USC 320 note.
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117 STAT. 1538
PUBLIC LAW 108–136—NOV. 24, 2003
Sec. 836. Clerical amendments.
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.
Subtitle A—Acquisition Policy and
Management
SEC. 801. CONSOLIDATION OF CONTRACT REQUIREMENTS.
(a) AMENDMENT
TO TITLE 10.—(1) Chapter 141 of title 10,
United States Code, is amended by inserting after section 2381
the following new section:
‘‘§ 2382. Consolidation of contract requirements: policy and
restrictions
‘‘(a) POLICY.—The Secretary of Defense shall require the Sec-
retary of each military department, the head of each Defense
Agency, and the head of each Department of Defense Field Activity
to ensure that the decisions made by that official regarding consoli-
dation of contract requirements of the department, agency, or field
activity, as the case may be, are made with a view to providing
small business concerns with appropriate opportunities to partici-
pate in Department of Defense procurements as prime contractors
and appropriate opportunities to participate in such procurements
as subcontractors.
‘‘(b) LIMITATION ON USE OF ACQUISITION STRATEGIES INVOLVING
CONSOLIDATION.—(1) An official of a military department, Defense
Agency, or Department of Defense Field Activity may not execute
an acquisition strategy that includes a consolidation of contract
requirements of the military department, agency, or activity with
a total value in excess of $5,000,000, unless the senior procurement
executive concerned first—
‘‘(A) conducts market research;
‘‘(B) identifies any alternative contracting approaches that
would involve a lesser degree of consolidation of contract
requirements; and
‘‘(C) determines that the consolidation is necessary and
justified.
‘‘(2) A senior procurement executive may determine that an
acquisition strategy involving a consolidation of contract require-
ments is necessary and justified for the purposes of paragraph
(1) if the benefits of the acquisition strategy substantially exceed
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117 STAT. 1539
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the benefits of each of the possible alternative contracting
approaches identified under subparagraph (B) of that paragraph.
However, savings in administrative or personnel costs alone do
not constitute, for such purposes, a sufficient justification for a
consolidation of contract requirements in a procurement unless
the total amount of the cost savings is expected to be substantial
in relation to the total cost of the procurement.
‘‘(3) Benefits considered for the purposes of paragraphs (1)
and (2) may include cost and, regardless of whether quantifiable
in dollar amounts—
‘‘(A) quality;
‘‘(B) acquisition cycle;
‘‘(C) terms and conditions; and
‘‘(D) any other benefit.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The terms ‘consolidation of contract requirements’ and
‘consolidation’, with respect to contract requirements of a mili-
tary department, Defense Agency, or Department of Defense
Field Activity, mean a use of a solicitation to obtain offers
for a single contract or a multiple award contract to satisfy
two or more requirements of that department, agency, or
activity for goods or services that have previously been provided
to, or performed for, that department, agency, or activity under
two or more separate contracts smaller in cost than the total
cost of the contract for which the offers are solicited.
‘‘(2) The term ‘multiple award contract’ means—
‘‘(A) a contract that is entered into by the Adminis-
trator of General Services under the multiple award
schedule program referred to in section 2302(2)(C) of this
title;
‘‘(B) a multiple award task order contract or delivery
order contract that is entered into under the authority
of sections 2304a through 2304d of this title or sections
303H through 303K of the Federal Property and Adminis-
trative Services Act of 1949 (41 U.S.C. 253h through 253k);
and
‘‘(C) any other indeterminate delivery, indeterminate
quantity contract that is entered into by the head of a
Federal agency with two or more sources pursuant to the
same solicitation.
‘‘(3) The term ‘senior procurement executive concerned’
means—
‘‘(A) with respect to a military department, the official
designated under section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3)) as the senior
procurement executive for the military department; or
‘‘(B) with respect to a Defense Agency or a Department
of Defense Field Activity, the official so designated for
the Department of Defense.
‘‘(4) The term ‘small business concern’ means a business
concern that is determined by the Administrator of the Small
Business Administration to be a small-business concern by
application of the standards prescribed under section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).’’.
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117 STAT. 1540
PUBLIC LAW 108–136—NOV. 24, 2003
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2381
the following new item:
‘‘2382. Consolidation of contract requirements: policy and restrictions.’’.
(b) DATA REVIEW.—(1) The Secretary of Defense shall revise
the data collection systems of the Department of Defense to ensure
that such systems are capable of identifying each procurement
that involves a consolidation of contract requirements within the
department with a total value in excess of $5,000,000.
(2) The Secretary shall ensure that appropriate officials of
the Department of Defense periodically review the information col-
lected pursuant to paragraph (1) in cooperation with the Small
Business Administration—
(A) to determine the extent of the consolidation of contract
requirements in the Department of Defense; and
(B) to assess the impact of the consolidation of contract
requirements on the availability of opportunities for small busi-
ness concerns to participate in Department of Defense procure-
ments, both as prime contractors and as subcontractors.
(3) In this subsection:
(A) The term ‘‘consolidation of contract requirements’’ has
the meaning given that term in section 2382(c)(1) of title 10,
United States Code, as added by subsection (a).
(B) The term ‘‘small business concern’’ means a business
concern that is determined by the Administrator of the Small
Business Administration to be a small-business concern by
application of the standards prescribed under section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
(c) APPLICABILITY.—This section applies with respect to procure-
ments for which solicitations are issued after the date occurring
180 days after the date of the enactment of this Act.
SEC. 802. QUALITY CONTROL IN PROCUREMENT OF AVIATION CRIT-
ICAL SAFETY ITEMS AND RELATED SERVICES.
(a) QUALITY CONTROL POLICY.—The Secretary of Defense shall
prescribe in regulations a quality control policy for the procurement
of aviation critical safety items and the procurement of modifica-
tions, repair, and overhaul of such items.
(b) CONTENT
OF REGULATIONS.—The policy set forth in the
regulations shall include the following requirements:
(1) That the head of the design control activity for aviation
critical safety items establish processes to identify and manage
the procurement, modification, repair, and overhaul of aviation
critical safety items.
(2) That the head of the contracting activity for an aviation
critical safety item enter into a contract for the procurement,
modification, repair, or overhaul of such item only with a source
approved by the design control activity in accordance with
section 2319 of title 10, United States Code.
(3) That the aviation critical safety items delivered, and
the services performed with respect to aviation critical safety
items, meet all technical and quality requirements specified
by the design control activity.
(c) DEFINITIONS.—In this section, the terms ‘‘aviation critical
safety item’’ and ‘‘design control activity’’ have the meanings given
10 USC 2382
note.
10 USC 2382
note.
10 USC 2382
note.
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117 STAT. 1541
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such terms in section 2319(g) of title 10, United States Code,
as amended by subsection (d).
(d) CONFORMING AMENDMENT TO TITLE 10.—Section 2319 of
title 10, United States Code, is amended—
(1) in subsection (c)(3), by inserting after ‘‘the contracting
officer’’ the following: ‘‘(or, in the case of a contract for the
procurement of an aviation critical safety item, the head of
the design control activity for such item)’’; and
(2) by adding at the end the following new subsection:
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘aviation critical safety item’ means a part,
an assembly, installation equipment, launch equipment,
recovery equipment, or support equipment for an aircraft or
aviation weapon system if the part, assembly, or equipment
contains a characteristic any failure, malfunction, or absence
of which could cause a catastrophic or critical failure resulting
in the loss of or serious damage to the aircraft or weapon
system, an unacceptable risk of personal injury or loss of life,
or an uncommanded engine shutdown that jeopardizes safety.
‘‘(2) The term ‘design control activity’, with respect to an
aviation critical safety item, means the systems command of
a military department that is specifically responsible for
ensuring the airworthiness of an aviation system or equipment
in which the item is to be used.’’.
SEC. 803. FEDERAL SUPPORT FOR ENHANCEMENT OF STATE AND
LOCAL ANTI-TERRORISM RESPONSE CAPABILITIES.
(a) PROCUREMENTS
OF ANTI-TERRORISM TECHNOLOGIES
AND
SERVICES BY STATE AND LOCAL GOVERNMENTS.—The Administrator
for Federal Procurement Policy shall establish a program under
which States and units of local government may procure through
contracts entered into by the Department of Defense or the Depart-
ment of Homeland Security anti-terrorism technologies or anti-
terrorism services for the purpose of preventing, detecting, identi-
fying, deterring, or recovering from acts of terrorism.
(b) AUTHORITIES.—Under the program, the Secretary of Defense
and the Secretary of Homeland Security may, but shall not be
required to, award contracts using the procedures established by
the Administrator of General Services for the multiple awards
schedule program of the General Services Administration.
(c) DEFINITION.—In this section, the term ‘‘State or local govern-
ment’’ has the meaning provided in section 502(c)(3) of title 40,
United States Code.
SEC. 804. SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.
(a) AUTHORITY.—The Secretary of Defense may settle any finan-
cial account for a contract entered into by the Secretary or the
Secretary of a military department before October 1, 1996, that
is administratively complete if the financial account has an
unreconciled balance, either positive or negative, that is less than
$100,000.
(b) FINALITY OF DECISION.—A settlement under this section
shall be final and conclusive upon the accounting officers of the
United States.
(c) REGULATIONS.—The Secretary of Defense shall prescribe
regulations for the administration of the authority under this sec-
tion.
40 USC 405 note.
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(d) TERMINATION OF AUTHORITY.—A financial account may not
be settled under this section after September 30, 2006.
SEC. 805. COMPETITIVE AWARD OF CONTRACTS FOR RECONSTRUC-
TION ACTIVITIES IN IRAQ.
(a) COMPETITIVE AWARD OF CONTRACTS.—The Department of
Defense shall fully comply with chapter 137 of title 10, United
States Code, and other applicable procurement laws and regulations
for any contract awarded for reconstruction activities in Iraq, and
shall conduct a full and open competition for performing work
needed for the reconstruction of the Iraqi oil industry.
(b) REPORT.—If the Department of Defense does not have a
fully competitive contract in place to replace the March 8, 2003,
contract for the reconstruction of the Iraqi oil industry on the
date of the enactment of this Act, the Secretary of Defense shall
submit to Congress, not later than 30 days after such date of
enactment, a report detailing the reasons for allowing the March
8, 2003, contract to continue.
Subtitle B—United States Defense
Industrial Base Provisions
Part I—Essential Items Identification and Domes-
tic Production Capabilities Improvement Pro-
gram
SEC. 811. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER
INTERNATIONAL AGREEMENTS.
No provision of this subtitle or any amendment made by this
subtitle shall apply to the extent the Secretary of Defense, in
consultation with the Secretary of Commerce, the United States
Trade Representative, and the Secretary of State, determines that
it is inconsistent with United States obligations under an inter-
national agreement.
SEC. 812. ASSESSMENT OF UNITED STATES DEFENSE INDUSTRIAL
BASE CAPABILITIES.
(a) ASSESSMENT PROGRAM.—(1) The Secretary of Defense shall
establish a program to assess—
(A) the degree to which the United States is dependent
on foreign sources of supply; and
(B) the capabilities of the United States defense industrial
base to produce military systems necessary to support the
national security objectives set forth in section 2501 of title
10, United States Code.
(2) For purposes of the assessment program, the Secretary
shall use existing data, as required under subsection (b), and submit
an annual report, as required under subsection (c).
(b) USE OF EXISTING DATA.—(1) At a minimum, with respect
to each prime contract with a value greater than $25,000 for the
procurement of defense items and components, the following
information from existing sources shall be used for purposes of
the assessment program:
(A) Whether the contractor is a United States or foreign
contractor.
10 USC 2501
note.
Deadline.
10 USC 2302
note.
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117 STAT. 1543
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(B) The principal place of business of the contractor and
the principal place of performance of the contract.
(C) Whether the contract was awarded on a sole source
basis or after receipt of competitive offers.
(D) The dollar value of the contract.
(2) The Federal Procurement Data System described in section
6(d)(4)(A) of the Office of Federal Procurement Policy Act (41 U.S.C.
405(d)(4)(A)), or any successor system, shall collect from contracts
described in paragraph (1) the information specified in that para-
graph.
(3) Information obtained in the implementation of this section
is subject to the same limitations on disclosure, and penalties
for violation of such limitations, as is provided under section 2507
of title 10, United States Code. Such information also shall be
exempt from release under section 552 of title 5, United States
Code.
(4) For purposes of meeting the requirements set forth in this
section, the Secretary of Defense may not require the provision
of information beyond the information that is currently provided
to the Department of Defense through existing data collection sys-
tems by non-Federal entities with respect to contracts and sub-
contracts with the Department of Defense or any military depart-
ment.
(c) ANNUAL REPORT.—(1) Not later than February 1 of each
year, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report on the assessment program covering the preceding fiscal
year. The first report under this subsection shall cover fiscal year
2004 and shall be submitted to the Committees no later than
February 1, 2005.
(2)(A) The report shall include the following with respect to
contracts described in subsection (b):
(i) The total number and value of such contracts awarded
by the Department of Defense.
(ii) The total number and value of such contracts awarded
on a sole source basis.
(iii) The total number and value of contracts described
in clause (ii) awarded to foreign contractors, summarized by
country.
(iv) The total number and value of contracts awarded to
foreign contractors through competitive procedures, summa-
rized by country.
(B) The report also shall include—
(i) the status of the matters described in subparagraphs
(A) and (B) of subsection (a)(1);
(ii) the status of implementation of successor procurement
data management systems; and
(iii) such other matters as the Secretary considers appro-
priate.
SEC. 813. IDENTIFICATION OF ESSENTIAL ITEMS: MILITARY SYSTEM
BREAKOUT LIST.
(a) IDENTIFICATION PROCESS.—(1) The Secretary of Defense
shall establish a process, using the Defense Logistics Information
System existing database, to identify, with respect to each military
system—
Deadline.
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(A) the essential items, assemblies, and components of
the system that are active items, assemblies, and components;
(B) foreign and domestic sources of supply for active items,
assemblies, and components of the system;
(C) the active items, assemblies, and components of the
system that are commercial; and
(D) Federal Supply Class and North American Industry
Classification System Codes for active items, assemblies, and
components of the system.
(2) Any modification to the logistics management system or
any successor system of the Department of Defense shall maintain
the capability to identify—
(A) essential items, assemblies, and components described
in paragraph (1)(A);
(B) foreign and domestic sources of supply for active items,
assemblies, and components;
(C) the active items, assemblies, and components of the
system that are commercial; and
(D) Federal Supply Class and North American Industry
Classification System Codes for active items, assemblies, and
components.
(3) For purposes of meeting the requirements set forth in this
section, the Secretary of Defense may not require the provision
of information beyond the information that is currently provided
to the Department of Defense through existing data collection sys-
tems by non-Federal entities with respect to contracts and sub-
contracts with the Department of Defense or any military depart-
ment.
(b) MILITARY SYSTEM ESSENTIAL ITEM BREAKOUT LIST.—The
Secretary of Defense shall produce a list, to be known as the
‘‘military system essential item breakout list’’, consisting of the
items, assemblies, and components identified under subsection
(a)(1)(A). In producing the list, the Secretary of Defense shall con-
sider the results of the report under subsection (c).
(c) ASSESSMENT.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of Defense, acting
through a federally funded research and development center, shall
prepare a report that—
(1) assesses the criteria that should be used for identifying
whether an item, assembly, or component is essential to a
military system; and
(2) recommends which items, assemblies, and components
should be included on the military system essential item break-
out list under subsection (b).
(d) REPORT.—(1) Not later than November 1 of each year,
beginning with November 1, 2005, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the implementation of
this section. The report may be submitted in classified and unclassi-
fied form.
(2) The report shall include the following:
(A) A list of each military system covered by the process
established under subsection (a).
(B) A list of the items, assemblies, and components on
the military system essential item breakout list that are manu-
factured or produced outside the United States, setting forth
military and commercial separately.
Deadline.
Deadline.
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(C) The portion of the entire military system essential
item breakout list that consists of the items, assemblies, and
components listed under subparagraph (B) (stated as a percent-
age).
(D) A list of each Federal Supply Class and North American
Industry Classification System Code represented on the mili-
tary system essential item breakout list, and the portion of
the entire military system essential item breakout list that
consists of items, assemblies, or components in such classes
or codes (stated as a percentage).
(E) A list of each country outside the United States where
the items, assemblies, and components listed under subpara-
graph (B) are manufactured or produced, and the portion of
the entire military system essential item breakout list that
consists of—
(i) the items, assemblies, or components manufactured
or produced in that country, setting forth military and
commercial separately (stated as a percentage); and
(ii) the Federal Supply Classes and North American
Industry Classification System Codes represented by those
items, assemblies, or components (stated as a percentage).
(3) The Secretary shall submit an interim version of the report
required by this subsection not later than February 1, 2005, con-
taining as much information as is practicable to be included by
such date.
SEC. 814. PRODUCTION CAPABILITIES IMPROVEMENT FOR CERTAIN
ESSENTIAL ITEMS USING DEFENSE INDUSTRIAL BASE
CAPABILITIES FUND.
(a) ESTABLISHMENT
OF FUND.—There is established in the
Treasury of the United States a separate fund to be known as
the Defense Industrial Base Capabilities Fund (hereafter in this
section referred to as the ‘‘Fund’’).
(b) MONEYS IN FUND.—There shall be credited to the Fund
amounts appropriated to it.
(c) USE
OF FUND.—The Secretary of Defense is authorized
to use all amounts in the Fund, subject to appropriation, for the
purposes of enhancing or reconstituting United States industrial
capability to produce items on the military system essential item
breakout list (as described in section 812(b)) or items subject to
section 2534 of title 10, United States Code, in the quantity and
of the quality necessary to achieve national security objectives.
(d) LIMITATION
ON USE
OF FUND.—Before the obligation of
any amounts in the Fund, the Secretary of Defense shall submit
to Congress a report describing the Secretary’s plans for imple-
menting the Fund established in subsection (a), including the prior-
ities for the obligation of amounts in the Fund, the criteria for
determining the recipients of such amounts, and the mechanisms
through which such amounts may be provided to the recipients.
(e) AVAILABILITY OF FUNDS.—Amounts in the Fund shall remain
available until expended.
(f) FUND MANAGER.—The Secretary of Defense shall designate
a Fund manager. The duties of the Fund manager shall include—
(1) ensuring the visibility and accountability of transactions
engaged in through the Fund; and
(2) reporting to Congress each year regarding activities
of the Fund during the previous fiscal year.
Reports.
Deadline.
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Part II—Requirements Relating to Specific Items
SEC. 821. ELIMINATION OF UNRELIABLE SOURCES OF DEFENSE ITEMS
AND COMPONENTS.
(a) IDENTIFICATION OF CERTAIN COUNTRIES.—The Secretary of
Defense, in coordination with the Secretary of State, shall identify
and list foreign countries that restrict the provision or sale of
military goods or services to the United States because of United
States counterterrorism or military operations after the date of
the enactment of this Act. The Secretary shall review and update
the list as appropriate. The Secretary may remove a country from
the list, if the Secretary determines that doing so would be in
the interest of national defense.
(b) PROHIBITION ON PROCUREMENT OF ITEMS FROM IDENTIFIED
COUNTRIES.—The Secretary of Defense may not procure any items
or components contained in military systems if the items or compo-
nents, or the systems, are manufactured in any foreign country
identified under subsection (a).
(c) WAIVER AUTHORITY.—The Secretary of Defense may waive
the limitation in subsection (b) if the Secretary determines in
writing and notifies Congress that the Department of Defense’s
need for the item is of such an unusual and compelling urgency
that the Department would be unable to meet national security
objectives.
(d) EFFECTIVE DATE.—(1) Subject to paragraph (2), subsection
(b) applies to contracts in existence on the date of the enactment
of this Act or entered into after such date.
(2) With respect to contracts in existence on the date of the
enactment of this Act, the Secretary of Defense shall take such
action as is necessary to ensure that such contracts are in compli-
ance with subsection (b) not later than 24 months after such date.
SEC. 822. INCENTIVE PROGRAM FOR MAJOR DEFENSE ACQUISITION
PROGRAMS TO USE MACHINE TOOLS AND OTHER CAP-
ITAL ASSETS PRODUCED WITHIN THE UNITED STATES.
(a) IN GENERAL.—(1) Chapter 144 of title 10, United States
Code, is amended by inserting after section 2435 the following
new section:
‘‘§ 2436. Major defense acquisition programs: incentive pro-
gram for contractors to purchase capital assets
manufactured in United States
‘‘(a) ESTABLISHMENT OF INCENTIVE PROGRAM.—The Secretary
of Defense shall plan and establish an incentive program in accord-
ance with this section for contractors to purchase capital assets
manufactured in the United States in part with funds available
to the Department of Defense.
‘‘(b) DEFENSE INDUSTRIAL CAPABILITIES FUND MAY BE USED.—
The Secretary of Defense may use the Defense Industrial Capabili-
ties Fund, established under section 814 of the National Defense
Authorization Act for Fiscal Year 2004, for incentive payments
under the program established under this section.
‘‘(c) APPLICABILITY TO MAJOR DEFENSE ACQUISITION PROGRAM
CONTRACTS.—The incentive program shall apply to contracts for
the procurement of a major defense acquisition program.
‘‘(d) CONSIDERATION.—The Secretary of Defense shall provide
consideration in source selection in any request for proposals for
Deadline.
Applicability.
10 USC 2534
note.
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a major defense acquisition program for offerors with eligible capital
assets.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2435
the following new item:
‘‘2436. Major defense acquisition programs: incentive program for contractors to pur-
chase capital assets manufactured in United States.’’.
(b) REGULATIONS.—(1) The Secretary of Defense shall prescribe
regulations as necessary to carry out section 2436 of title 10, United
States Code, as added by this section.
(2) The Secretary may prescribe interim regulations as nec-
essary to carry out such section. For this purpose, the Secretary
is excepted from compliance with the notice and comment require-
ments of section 553 of title 5, United States Code. All interim
rules prescribed under the authority of this paragraph that are
not earlier superseded by final rules shall expire no later than
270 days after the effective date of section 2436 of title 10, United
States Code, as added by this section.
(c) EFFECTIVE DATE.—Section 2436 of title 10, United States
Code, as added by subsection (a), shall apply with respect to con-
tracts entered into after the expiration of the 18-month period
beginning on the date of the enactment of this Act.
SEC. 823. TECHNICAL ASSISTANCE RELATING TO MACHINE TOOLS.
(a) TECHNICAL ASSISTANCE.—The Secretary of Defense shall
publish in the Federal Register information on Government con-
tracting for purposes of assisting machine tool companies in the
United States and entities that use machine tools. The information
shall contain, at a minimum, the following:
(1) An identification of resources with respect to Govern-
ment contracting regulations, including compliance procedures
and information on the availability of counseling.
(2) An identification of resources for locating opportunities
for contracting with the Department of Defense, including
information about defense contracts that are expected to be
carried out that may require the use of machine tools.
(b) SCIENCE AND TECHNOLOGY INITIATIVES.—The Secretary of
Defense shall incorporate into the Department of Defense science
and technology initiatives on manufacturing technology an objective
of developing advanced machine tool capabilities. Such technologies
shall be used to improve the technological capabilities of the United
States domestic machine tool industrial base in meeting national
security objectives.
SEC. 824. STUDY OF BERYLLIUM INDUSTRIAL BASE.
(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall
conduct a study of the adequacy of the industrial base of the
United States to meet defense requirements of the United States
for beryllium.
(b) REPORT.—Not later than March 31, 2005, the Secretary
shall submit a report on the results of the study to Congress.
The report shall contain, at a minimum, the following information:
(1) A discussion of the issues identified with respect to
the long-term supply of beryllium.
(2) An assessment of the need, if any, for modernization
of the primary sources of production of beryllium.
Deadline.
10 USC 2505
note.
10 USC 2521
note.
10 USC 2436
note.
10 USC 2436
note.
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(3) A discussion of the advisability of, and concepts for,
meeting the future defense requirements of the United States
for beryllium and maintaining a stable domestic industrial
base of sources of beryllium through—
(A) cooperative arrangements commonly referred to as
public-private partnerships;
(B) the administration of the National Defense Stock-
pile under the Strategic and Critical Materials Stock Piling
Act; and
(C) any other means that the Secretary identifies as
feasible.
Part III—Other Domestic Source Requirements
SEC. 826. EXCEPTIONS TO BERRY AMENDMENT FOR CONTINGENCY
OPERATIONS AND OTHER URGENT SITUATIONS.
Section 2533a(d) of title 10, United States Code, is amended—
(1) by striking ‘‘OUTSIDE THE UNITED STATES’’ in the sub-
section heading;
(2) in paragraph (1), by inserting ‘‘or procurements of any
item listed in subsection (b)(1)(A), (b)(2), or (b)(3) in support
of contingency operations’’ after ‘‘in support of combat oper-
ations’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) Procurements of any item listed in subsection (b)(1)(A),
(b)(2), or (b)(3) for which the use of procedures other than
competitive procedures has been approved on the basis of sec-
tion 2304(c)(2) of this title, relating to unusual and compelling
urgency of need.’’.
SEC. 827. INAPPLICABILITY OF BERRY AMENDMENT TO PROCURE-
MENTS OF WASTE AND BYPRODUCTS OF COTTON AND
WOOL FIBER FOR USE IN THE PRODUCTION OF PROPEL-
LANTS AND EXPLOSIVES.
Section 2533a(f) of title 10, United States Code, is amended—
(1) by striking ‘‘(f) EXCEPTION’’ and all that follows through
‘‘the procurement of’’ and inserting the following:
‘‘(f) EXCEPTIONS
FOR
CERTAIN
OTHER
COMMODITIES
AND
ITEMS.—Subsection (a) does not preclude the procurement of the
following:
‘‘(1)’’;
(2) by capitalizing the initial letter of the word following
‘‘(1)’’, as added by paragraph (1); and
(3) by adding at the end the following new paragraph:
‘‘(2) Waste and byproducts 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 FOREIGN PRODUCTS.
Section 2534(a)(5) of title 10, United States Code, is amended
by inserting before the period at the end the following: ‘‘, except
ball bearings and roller bearings being procured for use in an
end product manufactured by a manufacturer that does not satisfy
the requirements of subsection (b) or in a component part manufac-
tured by such a manufacturer’’.
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PUBLIC LAW 108–136—NOV. 24, 2003
Subtitle C—Defense Acquisition and
Support Workforce Flexibility
SEC. 831. MANAGEMENT STRUCTURE.
(a) REPEAL OF REQUIREMENTS FOR CERTAIN CAREER MANAGE-
MENT DIRECTORS, BOARDS, AND POLICIES.—Sections 1703, 1705,
1706, and 1707 of title 10, United States Code, are repealed.
(b) CONFORMING AMENDMENTS.—Chapter 87 of such title is
amended—
(1) in section 1724(d)—
(A) in the first sentence, by striking ‘‘The acquisition
career program board concerned’’ and all that follows
through ‘‘if the board certifies’’ and inserting ‘‘The Secretary
of Defense may waive any or all of the requirements of
subsections (a) and (b) with respect to an employee of
the Department of Defense or member of the armed forces
if the Secretary determines’’;
(B) in the second sentence, by striking ‘‘the board’’
and inserting ‘‘the Secretary’’; and
(C) by striking the third sentence;
(2) in section 1732(b)—
(A) in paragraph (1)(C), by striking ‘‘, as validated
by the appropriate career program management board’’;
and
(B) in paragraph (2)(A)(ii), by striking ‘‘has been cer-
tified by the acquisition career program board of the
employing 
military 
department 
as 
possessing’’ 
and
inserting ‘‘possess’’;
(3) in section 1732(d)—
(A) in paragraph (1)—
(i) in the first sentence, by striking ‘‘the acquisition
career program board of a military department’’ and
all that follows through ‘‘if the board certifies’’ and
inserting ‘‘the Secretary of Defense may waive any
or all of the requirements of subsection (b) with respect
to an employee if the Secretary determines’’;
(ii) in the second sentence, by striking ‘‘the board’’
and inserting ‘‘the Secretary’’; and
(iii) by striking the third sentence; and
(B) in paragraph (2), by striking ‘‘The acquisition career
program board of a military department’’ and inserting
‘‘The Secretary’’;
(4) in section 1734—
(A) in subsection (d)—
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as paragraph
(2), and in that paragraph by striking the second sen-
tence; and
(B) in subsection (e)(2), by striking ‘‘, by the acquisition
career program board of the department concerned,’’; and
(5) in section 1737(c)—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1) The Secretary’’ and inserting ‘‘The
Secretary’’.
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SEC. 832. ELIMINATION OF ROLE OF OFFICE OF PERSONNEL MANAGE-
MENT.
(a) WORKFORCE QUALIFICATION REQUIREMENTS AND EXAMINA-
TIONS.—Section 1725 of such title is repealed.
(b) ACQUISITION
CORPS
REQUIREMENTS.—Subchapter III of
chapter 87 of title 10, United States Code, is amended—
(1) in section 1731, by striking subsection (c);
(2) in section 1732(c)(2), by striking the second and third
sentences;
(3) in section 1734(g)—
(A) by striking paragraph (2); and
(B) in paragraph (1), by striking ‘‘(1) The Secretary’’
and inserting ‘‘The Secretary’’; and
(4) in section 1737, by striking subsection (d).
(c) APPOINTMENT OF SCHOLARSHIP RECIPIENT IN COMPETITIVE
SERVICE.—Section 1744(c)(3)(A)(i) of such title is amended by
striking ‘‘and such other requirements as the Office of Personnel
Management may prescribe’’.
SEC. 833. SINGLE ACQUISITION CORPS.
Subchapter III of chapter 87 of title 10, United States Code,
as amended by section 832, is further amended—
(1) in section 1731—
(A) in subsection (a)—
(i) by striking ‘‘each of the military departments
and one or more Corps, as he considers appropriate,
for the other components of’’ in the first sentence;
and
(ii) by striking the second sentence; and
(B) in subsection (b), by striking ‘‘an Acquisition Corps’’
and inserting ‘‘the Acquisition Corps’’;
(2) in sections 1732(a), 1732(e)(1), 1732(e)(2), 1733(a),
1734(e)(1), and 1737(a)(1), by striking ‘‘an Acquisition Corps’’
and inserting ‘‘the Acquisition Corps’’; and
(3) in section 1734—
(A) in subsection (g), by striking ‘‘each Acquisition
Corps, a test program in which members of a Corps’’ and
inserting ‘‘the Acquisition Corps, a test program in which
members of the Corps’’; and
(B) in subsection (h), by striking ‘‘making assignments
of civilian and military members of the Acquisition Corps
of that military department’’ and inserting ‘‘making assign-
ments of civilian and military personnel of that military
department who are members of the Acquisition Corps’’.
SEC. 834. CONSOLIDATION OF CERTAIN EDUCATION AND TRAINING
PROGRAM REQUIREMENTS.
(a) CONSOLIDATION OF AUTHORITY.—Section 1742 of such title
is amended to read as follows:
‘‘§ 1742. Internship, cooperative education, and scholarship
programs
‘‘The Secretary of Defense shall conduct the following education
and training programs:
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117 STAT. 1551
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‘‘(1) An intern program for purposes of providing highly
qualified and talented individuals an opportunity for acceler-
ated promotions, career broadening assignments, and specified
training to prepare them for entry into the Acquisition Corps.
‘‘(2) A cooperative education credit program under which
the Secretary arranges, through cooperative arrangements
entered into with one or more accredited institutions of higher
education, for such institutions to grant undergraduate credit
for work performed by students who are employed by the
Department of Defense in acquisition positions.
‘‘(3) A scholarship program for the purpose of qualifying
personnel for acquisition positions in the Department of
Defense.’’.
(b) CONFORMING AMENDMENTS.—Sections 1743 and 1744 of
such title are repealed.
SEC. 835. GENERAL MANAGEMENT PROVISIONS.
Subchapter V of chapter 87 of title 10, United States Code,
is amended—
(1) by striking section 1763; and
(2) by adding at the end the following new section 1764:
‘‘§ 1764. Authority to establish different minimum require-
ments
‘‘(a) AUTHORITY.—(1) The Secretary of Defense may prescribe
a different minimum number of years of experience, different min-
imum education qualifications, and different tenure of service quali-
fications to be required for eligibility for appointment or advance-
ment to an acquisition position referred to in subsection (b) than
is required for such position under or pursuant to any provision
of this chapter.
‘‘(2) Any requirement prescribed under paragraph (1) for a
position referred to in any paragraph of subsection (b) shall be
applied uniformly to all positions referred to in such paragraph.
‘‘(b) APPLICABILITY.—This section applies to the following
acquisition positions in the Department of Defense:
‘‘(1) Contracting officer, except a position referred to in
paragraph (5).
‘‘(2) Program executive officer.
‘‘(3) Senior contracting official.
‘‘(4) Program manager.
‘‘(5) A position in the contract contingency force of an
armed force that is filled by a member of that armed force.
‘‘(c) DEFINITION.—In this section, the term ‘contract contingency
force’, with respect to an armed force, has the meaning given
such term in regulations prescribed by the Secretary concerned.’’.
SEC. 836. CLERICAL AMENDMENTS.
The tables of sections for chapter 87 of title 10, United States
Code, are amended as follows:
(1) The table of sections at the beginning of subchapter
I is amended by striking the items relating to sections 1703,
1705, 1706, and 1707.
(2) The table of sections at the beginning of subchapter
II is amended by striking the item relating to section 1725.
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PUBLIC LAW 108–136—NOV. 24, 2003
(3) The table of sections at the beginning of subchapter
IV is amended by striking the items relating to sections 1742,
1743, and 1744 and inserting the following:
‘‘1742. Internship, cooperative education, and scholarship programs.’’.
(4) The table of sections at the beginning of subchapter
V is amended by striking the item relating to section 1763
and inserting the following:
‘‘1764. Authority to establish different minimum requirements.’’.
Subtitle D—Amendments to General Con-
tracting Authorities, Procedures, and
Limitations
SEC. 841. ADDITIONAL AUTHORITY TO ENTER INTO PERSONAL SERV-
ICES CONTRACTS.
(a) ADDITIONAL AUTHORITY.—Section 129b of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(d) ADDITIONAL AUTHORITY
FOR PERSONAL SERVICES CON-
TRACTS.—(1) In addition to the authority provided under subsection
(a), the Secretary of Defense may enter into personal services con-
tracts if the personal services—
‘‘(A) are to be provided by individuals outside the United
States, regardless of their nationality, and are determined by
the Secretary to be necessary and appropriate for supporting
the activities and programs of the Department of Defense out-
side the United States;
‘‘(B) directly support the mission of a defense intelligence
component or counter-intelligence organization of the Depart-
ment of Defense; or
‘‘(C) directly support the mission of the special operations
command of the Department of Defense.
‘‘(2) The contracting officer for a personal services contract
under this subsection shall be responsible for ensuring that—
‘‘(A) the services to be procured are urgent or unique;
and
‘‘(B) it would not be practicable for the Department to
obtain such services by other means.
‘‘(3) The requirements of section 3109 of title 5 shall not apply
to a contract entered into under this subsection.’’.
(b) CONFORMING AMENDMENTS.—(1) The heading for section
129b of such title is amended to read as follows:
‘‘§ 129b. Authority to procure personal services’’.
(2) The item relating to section 129b in the table of sections
at the beginning of chapter 3 of such title is amended to read
as follows:
‘‘129b. Authority to procure personal services.’’.
SEC. 842. ELIMINATION OF CERTAIN SUBCONTRACT NOTIFICATION
REQUIREMENTS.
Subsection (e) of section 2306 of title 10, United States Code,
is amended—
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(1) by striking ‘‘(A)’’ and ‘‘(B)’’ and inserting ‘‘(i)’’ and ‘‘(ii)’’,
respectively;
(2) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(3) by striking ‘‘Each’’ and inserting ‘‘(1) Except as provided
in paragraph (2), each’’; and
(4) by adding at the end the following new paragraph:
‘‘(2) Paragraph (1) shall not apply to a prime contract with
a contractor that maintains a purchasing system approved by the
contracting officer for the contract.’’.
SEC. 843. MULTIYEAR TASK AND DELIVERY ORDER CONTRACTS.
(a) REPEAL
OF APPLICABILITY
OF EXISTING AUTHORITY
AND
LIMITATIONS.—Section 2306c of title 10, United States Code, is
amended by striking subsection (g).
(b) CONTRACT
PERIOD.—Section 2304a of such title is
amended—
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f) CONTRACT PERIOD.—The head of an agency entering into
a task or delivery order contract under this section may provide
for the contract to cover a total period of not more than five
years.’’.
SEC. 844. ELIMINATION OF REQUIREMENT TO FURNISH WRITTEN
ASSURANCES OF TECHNICAL DATA CONFORMITY.
Section 2320(b) of title 10, United States Code, is amended—
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
SEC. 845. ACCESS TO INFORMATION RELEVANT TO ITEMS DEPLOYED
UNDER RAPID ACQUISITION AND DEPLOYMENT PROCE-
DURES.
Section 806(c) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2607;
10 U.S.C. 2302 note) is amended by adding at the end the following
new paragraph:
‘‘(3) If items are deployed under the rapid acquisition and
deployment procedures prescribed pursuant to this section, or under
any other authority, before the completion of operational test and
evaluation of the items, the Director of Operational Test and
Evaluation shall have access to operational records and data rel-
evant to such items in accordance with section 139(e)(3) of title
10, United States Code, for the purpose of completing operational
test and evaluation of the items. The access to the operational
records and data shall be provided in a time and manner determined
by the Secretary of Defense consistent with requirements of oper-
ational security and other relevant operational requirements.’’.
SEC. 846. APPLICABILITY OF REQUIREMENT FOR REPORTS ON MATU-
RITY 
OF 
TECHNOLOGY 
AT 
INITIATION 
OF 
MAJOR
DEFENSE ACQUISITION PROGRAMS.
Section 804(a) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1180) is amended
by striking ‘‘, as in effect on the date of enactment of this Act,’’
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and inserting ‘‘(as in effect on the date of the enactment of this
Act), and the corresponding provision of any successor to such
Instruction,’’.
SEC. 847. CERTAIN WEAPONS-RELATED PROTOTYPE PROJECTS.
(a) EXTENSION OF AUTHORITY.—Subsection (g) of section 845
of the National Defense Authorization Act for Fiscal Year 1994
(10 U.S.C. 2371 note) is amended by striking ‘‘September 30, 2004’’
and inserting ‘‘September 30, 2008’’.
(b) INCREASED SCOPE OF AUTHORITY.—Subsection (a) of such
section is amended by inserting before the period at the end the
following: ‘‘, or to improvement of weapons or weapon systems
in use by the Armed Forces’’.
(c) PILOT PROGRAM
FOR TRANSITION
TO FOLLOW-ON CON-
TRACTS.—Such section, as amended by subsection (a), is further
amended—
(1) by redesignating subsections (e), (f), and (g) as sub-
sections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) PILOT PROGRAM
FOR TRANSITION
TO FOLLOW-ON CON-
TRACTS.—(1) The Secretary of Defense is authorized to carry out
a pilot program for follow-on contracting for the production of
items or processes under prototype projects carried out under this
section.
‘‘(2) Under the pilot program—
‘‘(A) a qualifying contract for the procurement of such an
item or process, or a qualifying subcontract under a contract
for the procurement of such an item or process, may be treated
as a contract or subcontract, respectively, for the procurement
of commercial items, as defined in section 4(12) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(12)); and
‘‘(B) the item or process may be treated as an item or
process, respectively, that is developed in part with Federal
funds and in part at private expense for the purposes of section
2320 of title 10, United States Code.
‘‘(3) For the purposes of the pilot program, a qualifying contract
or subcontract is a contract or subcontract, respectively, with a
nontraditional defense contractor that—
‘‘(A) does not exceed $50,000,000; and
‘‘(B) is either—
‘‘(i) a firm, fixed-price contract or subcontract; or
‘‘(ii) a fixed-price contract or subcontract with economic
price adjustment.
‘‘(4) The authority to conduct a pilot program under this sub-
section shall terminate on September 30, 2008. The termination
of the authority shall not affect the validity of contracts or sub-
contracts that are awarded or modified during the period of the
pilot program, without regard to whether the contracts or sub-
contracts are performed during the period.’’.
SEC. 848. LIMITED ACQUISITION AUTHORITY FOR COMMANDER OF
UNITED STATES JOINT FORCES COMMAND.
(a) 
THREE-YEAR
AUTHORITY
TO
DELEGATE
ACQUISITION
AUTHORITY.—(1) Chapter 6 of title 10, United States Code, is
amended by inserting after section 167 the following new section:
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‘‘§ 167a. Unified combatant command for joint warfighting
experimentation: acquisition authority
‘‘(a) LIMITED ACQUISITION AUTHORITY FOR COMMANDER OF CER-
TAIN UNIFIED COMBATANT COMMAND.—The Secretary of Defense
may delegate to the commander of the unified combatant command
referred to in subsection (b) authority of the Secretary under chapter
137 of this title sufficient to enable the commander to develop
and acquire equipment described in subsection (c). The exercise
of authority so delegated is subject to the authority, direction,
and control of the Secretary.
‘‘(b) COMMAND DESCRIBED.—The commander to whom authority
is delegated under subsection (a) is the commander of the unified
combatant command that has the mission for joint warfighting
experimentation, as assigned by the Secretary of Defense.
‘‘(c) EQUIPMENT.—The equipment referred to in subsection (a)
is as follows:
‘‘(1) Equipment for battle management command, control,
communications, and intelligence.
‘‘(2) Any other equipment that the commander referred
to in subsection (b) determines necessary and appropriate for—
‘‘(A) facilitating the use of joint forces in military oper-
ations; or
‘‘(B) enhancing the interoperability of equipment used
by the various components of joint forces.
‘‘(d) EXCEPTIONS.—The authority delegated under subsection
(a) does not apply to the development or acquisition of a system
for which—
‘‘(1) the total expenditure for research, development, test,
and evaluation is estimated to be $10,000,000 or more; or
‘‘(2) the total expenditure for procurement is estimated
to be $50,000,000 or more.
‘‘(e) INTERNAL
AUDITS
AND
INSPECTIONS.—The commander
referred to in subsection (b) shall require the inspector general
of that command to conduct internal audits and inspections of
purchasing and contracting administered by the commander under
the authority delegated under subsection (a).
‘‘(f) TERMINATION.—The Secretary may delegate the authority
referred to in subsection (a) only during fiscal years 2004 through
2006, and any authority so delegated shall not be in effect after
September 30, 2006.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 167
the following new item:
‘‘167a. Unified combatant command for joint warfighting experimentation: acquisi-
tion authority.’’.
(b) COMPTROLLER GENERAL REPORT.—The Comptroller General
shall review the implementation of section 167a of title 10, United
States Code, as added by subsection (a), and submit to Congress
a report on such review not later than two years after the date
of the enactment of this Act. The review shall cover the extent
to which the authority provided under such section 167a has been
used.
10 USC 167a
note.
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117 STAT. 1556
PUBLIC LAW 108–136—NOV. 24, 2003
Subtitle E—Acquisition-Related Reports
and Other Matters
SEC. 851. REPORT ON CONTRACT PAYMENTS TO SMALL BUSINESSES.
(a) REPORT.—The Comptroller General shall prepare and
submit to the congressional defense committees a report on the
timeliness of contract payments made to small businesses during
fiscal years 2001 and 2002 by the Department of Defense. The
report shall include an estimate of the following:
(1) The total amount of contract payments made by the
Department to small businesses.
(2) The percentage of total contract payments to small
businesses that were not made in a timely manner.
(3) The reasons that contract payments to small businesses
were not made in a timely manner.
(4) The amount of interest owed and paid by the Depart-
ment to small businesses due to contract payments not made
in a timely manner.
(5) Such recommendations as the Comptroller General con-
siders appropriate to improve the process for making contract
payments to small businesses in a timely manner.
(b) DEFINITIONS.—For purposes of subsection (a)—
(1) a payment is considered not made in a timely manner
if it caused interest to accrue under chapter 39 of title 31,
United States Code (relating to prompt payment); and
(2) the term ‘‘small business’’ means an entity that qualifies
as a small business concern under the Small Business Act.
SEC. 852. CONTRACTING WITH EMPLOYERS OF PERSONS WITH
DISABILITIES.
(a) INAPPLICABILITY OF RANDOLPH-SHEPPARD ACT.—The Ran-
dolph-Sheppard Act does not apply to any contract described in
subsection (b) for so long as the contract is in effect, including
for any period for which the contract is extended pursuant to
an option provided in the contract.
(b) JAVITS-WAGNER-O’DAY CONTRACTS.—Subsection (a) applies
to any contract for the operation of a military mess hall, military
troop dining facility, or any similar dining facility operated for
the purpose of providing meals to members of the Armed Forces
that—
(1) was entered into before the date of the enactment
of this Act with a nonprofit agency for the blind or an agency
for other severely handicapped in compliance with section 3
of the Javits-Wagner-O’Day Act (41 U.S.C. 48); and
(2) is in effect on such date.
(c) ENACTMENT OF POPULAR NAME AS SHORT TITLE.—The Act
entitled ‘‘An Act to authorize the operation of stands in Federal
buildings by blind persons, to enlarge the economic opportunities
of the blind, and for other purposes’’, approved June 20, 1936
(commonly known as the ‘‘Randolph-Sheppard Act’’) (20 U.S.C. 107
et seq.), is amended by adding at the end the following new section:
‘‘SEC. 11. This Act may be cited as the ‘Randolph-Sheppard
Act’.’’.
20 USC 107 note.
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117 STAT. 1557
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 853. DEMONSTRATION PROJECT FOR CONTRACTORS EMPLOYING
PERSONS WITH DISABILITIES.
(a) AUTHORITY.—The Secretary of Defense may carry out a
demonstration project by entering into one or more contracts with
an eligible contractor for the purpose of providing defense con-
tracting opportunities for severely disabled individuals.
(b) EVALUATION FACTOR.—In evaluating an offer for a contract
under the demonstration program, the percentage of the total
workforce of the offeror consisting of severely disabled individuals
employed by the offeror shall be one of the evaluation factors.
(c) DEFINITIONS.—In this section:
(1) ELIGIBLE CONTRACTOR.—The term ‘‘eligible contractor’’
means a business entity operated on a for-profit or nonprofit
basis that—
(A) employs severely disabled individuals at a rate
that averages not less than 33 percent of its total workforce
over a period prescribed by the Secretary;
(B) pays not less than the minimum wage prescribed
pursuant to section 6 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206) to the employees who are severely
disabled individuals; and
(C) provides for its employees health insurance and
a retirement plan comparable to those provided for
employees by business entities of similar size in its indus-
trial sector or geographic region.
(2) SEVERELY DISABLED INDIVIDUAL.—The term ‘‘severely
disabled individual’’ means an individual with a disability (as
defined in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102)) who has a severe physical or mental
impairment that seriously limits one or more functional capac-
ities.
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.
10 USC 2302
note.
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117 STAT. 1558
PUBLIC LAW 108–136—NOV. 24, 2003
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.
Subtitle A—Duties and Functions of Department of Defense
Officers and Organizations
SEC. 901. CLARIFICATION OF RESPONSIBILITY OF MILITARY DEPART-
MENTS TO SUPPORT COMBATANT COMMANDS.
Sections 3013(c)(4), 5013(c)(4), and 8013(c)(4) of title 10, United
States Code, are amended by striking ‘‘(to the maximum extent
practicable)’’.
SEC. 902. COMBATANT COMMANDER INITIATIVE FUND.
(a) REDESIGNATION OF CINC INITIATIVE FUND.—(1) The CINC
Initiative Fund administered under section 166a of title 10, United
States Code, is redesignated as the ‘‘Combatant Commander Initia-
tive Fund’’.
(2) Section 166a of title 10, United States Code, is amended—
(A) by striking the heading for subsection (a) and inserting
‘‘COMBATANT COMMANDER INITIATIVE FUND.—‘‘; and
(B) by striking ‘‘CINC Initiative Fund’’ in subsections (a),
(c), and (d), and inserting ‘‘Combatant Commander Initiative
Fund’’.
(3) Any reference to the CINC Initiative Fund in any other
provision of law or in any regulation, document, record, or other
paper of the United States shall be considered to be a reference
to the Combatant Commander Initiative Fund.
(b) AUTHORIZED ACTIVITIES.—Subsection (b) of section 166a of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
‘‘(10) Joint warfighting capabilities.’’.
(c) INCREASED MAXIMUM AMOUNTS AUTHORIZED
FOR USE.—
Subsection (e)(1) of such section is amended—
(1) in subparagraph (A), by striking ‘‘$7,000,000’’ and
inserting ‘‘$10,000,000’’;
(2) in subparagraph (B), by striking ‘‘$1,000,000’’ and
inserting ‘‘$10,000,000’’; and
(3) in subparagraph (C), by striking ‘‘$2,000,000’’ and
inserting ‘‘$5,000,000’’.
SEC. 903. BIENNIAL REVIEW OF NATIONAL MILITARY STRATEGY BY
CHAIRMAN OF THE JOINT CHIEFS OF STAFF.
(a) BIENNIAL REVIEW.—Section 153 of title 10, United States
Code, by adding at the end the following new subsection:
10 USC 166a
note.
10 USC 166a
note.
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117 STAT. 1559
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(d) BIENNIAL REVIEW OF NATIONAL MILITARY STRATEGY.—(1)
Not later then February 15 of each even-numbered year, the Chair-
man shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report containing the results of a comprehensive
examination of the national military strategy. Each such examina-
tion shall be conducted by the Chairman in conjunction with the
other members of the Joint Chiefs of Staff and the commanders
of the unified and specified commands.
‘‘(2) Each report on the examination of the national military
strategy under paragraph (1) shall include the following:
‘‘(A) Delineation of a national military strategy consistent
with—
‘‘(i) the most recent National Security Strategy pre-
scribed by the President pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 404a);
‘‘(ii) the most recent annual report of the Secretary
of Defense submitted to the President and Congress pursu-
ant to section 113 of this title; and
‘‘(iii) the most recent Quadrennial Defense Review con-
ducted by the Secretary of Defense pursuant to section
118 of this title.
‘‘(B) A description of the strategic environment and the
opportunities and challenges that affect United States national
interests and United States national security.
‘‘(C) A description of the regional threats to United States
national interests and United States national security.
‘‘(D) A description of the international threats posed by
terrorism, weapons of mass destruction, and asymmetric chal-
lenges to United States national security.
‘‘(E) Identification of United States national military objec-
tives and the relationship of those objectives to the strategic
environment, regional, and international threats.
‘‘(F) Identification of the strategy, underlying concepts, and
component elements that contribute to the achievement of
United States national military objectives.
‘‘(G) Assessment of the capabilities and adequacy of United
States forces (including both active and reserve components)
to successfully execute the national military strategy.
‘‘(H) Assessment of the capabilities, adequacy, and inter-
operability of regional allies of the United States and or other
friendly nations to support United States forces in combat
operations and other operations for extended periods of time.
‘‘(3)(A) As part of the assessment under this subsection, the
Chairman, in conjunction with the other members of the Joint
Chiefs of Staff and the commanders of the unified and specified
commands, shall undertake an assessment of the nature and mag-
nitude of the strategic and military risks associated with success-
fully executing the missions called for under the current National
Military Strategy.
‘‘(B) In preparing the assessment of risk, the Chairman should
make assumptions pertaining to the readiness of United States
forces (in both the active and reserve components), the length
of conflict and the level of intensity of combat operations, and
the levels of support from allies and other friendly nations.
Deadline.
Reports.
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117 STAT. 1560
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(4) Before submitting a report under this subsection to the
Committees on Armed Services of the Senate and House of Rep-
resentatives, the Chairman shall provide the report to the Secretary
of Defense. The Secretary’s assessment and comments thereon (if
any) shall be included with the report. If the Chairman’s assessment
in such report in any year is that the risk associated with executing
the missions called for under the National Military Strategy is
significant, the Secretary shall include with the report as submitted
to those committees the Secretary’s plan for mitigating the risk.’’.
(b) CONFORMING AMENDMENT.—Subsection (b)(1) of such section
is amended by striking ‘‘each year’’ and inserting ‘‘of each odd-
numbered year’’.
SEC. 904. REPORT ON CHANGING ROLES OF UNITED STATES SPECIAL
OPERATIONS COMMAND.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the changing roles of the United
States Special Operations Command.
(b) CONTENT OF REPORT.—(1) The report shall specifically dis-
cuss in detail the following matters:
(A) The expanded role of the United States Special Oper-
ations Command in the global war on terrorism.
(B) The reorganization of that command to function as
a supported combatant command for planning and executing
operations.
(C) The role of that command as a supporting combatant
command.
(2) The report shall also include, in addition to the matters
discussed pursuant to paragraph (1), a discussion of the following
matters:
(A) The military strategy to employ the United States
Special Operations Command to fight the global war on ter-
rorism and how that strategy contributes to the overall national
security strategy with regard to the global war on terrorism.
(B) The scope of the authority granted to the commander
of that command to act as a supported commander and to
prosecute the global war on terrorism.
(C) The operational and legal parameters within which
the commander of that command is to exercise command
authority in foreign countries when taking action against for-
eign and United States citizens engaged in terrorist activities.
(D) The decisionmaking procedures for authorizing, plan-
ning, and conducting individual missions by that command,
including—
(i) the requirement in section 167(d)(2) of title 10,
United States Code, that the conduct of a special operations
mission under the command of the commander of the
United States Special Operations Command be authorized
by the President or the Secretary of Defense; and
(ii) procedures for consultation with Congress.
(E) The procedures for the commander of that command
to use to coordinate with commanders of other combatant com-
mands, especially geographic commands.
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117 STAT. 1561
PUBLIC LAW 108–136—NOV. 24, 2003
(F) Future organization plans and resource requirements
for that command conducting the global counterterrorism mis-
sion.
(G) The effect of the changing role of that command on
other special operations missions, including foreign internal
defense, psychological operations, civil affairs, unconventional
warfare, counterdrug activities, and humanitarian activities.
(c) FORMS
OF REPORT.—The report shall be submitted in
unclassified form and, as necessary, in classified form.
SEC. 905. SENSE OF CONGRESS REGARDING CONTINUATION OF MIS-
SION 
AND 
FUNCTIONS 
OF 
ARMY 
PEACEKEEPING
INSTITUTE.
It is the sense of Congress that the Secretary of Defense should
maintain the functions and missions of the Army Peacekeeping
Institute at the Army War College in Carlisle, Pennsylvania, or
within a joint entity of the Department of Defense, such as the
National Defense University or the Joint Forces Command, to
ensure that members of the Armed Forces continue to study the
strategic challenges and uses of peacekeeping missions and to pre-
pare the Armed Forces for conducting such missions.
SEC. 906. TRANSFER TO OFFICE OF PERSONNEL MANAGEMENT OF
PERSONNEL INVESTIGATIVE FUNCTIONS AND RELATED
PERSONNEL OF THE DEPARTMENT OF DEFENSE.
(a) TRANSFER
OF FUNCTIONS.—(1) Subject to subsection (b),
the Secretary of Defense may transfer to the Office of Personnel
Management the personnel security investigations functions that,
as of the date of the enactment of this Act, are performed by
the Defense Security Service of the Department of Defense. Such
a transfer may be made only with the concurrence of the Director
of the Office of Personnel Management.
(2) The Director of the Office of Personnel Management may
accept a transfer of functions under paragraph (1).
(3) Any transfer of a function under this subsection is a transfer
of function within the meaning of section 3503 of title 5, United
States Code.
(b) LIMITATION.—(1) The Secretary of Defense may not make
a transfer of functions under subsection (a) unless the Secretary
determines, and certifies in writing to the Committee on Armed
Services of the House of Representatives and the Committee on
Armed Services of the Senate, that each of the conditions specified
in paragraph (2) has been met. Such a transfer may then be
made only after a period of 30 days has elapsed after the date
on which the certification is received by those committees.
(2) The conditions referred to in paragraph (1) are the following:
(A) That the Office of Personnel Management is fully
capable of carrying out high-priority investigations required
by the Secretary of Defense within a timeframe set by the
Secretary of Defense.
(B) That the Office of Personnel Management has under-
taken necessary and satisfactory steps to ensure that investiga-
tions performed on Department of Defense contract personnel
will be conducted in an expeditious manner sufficient to ensure
that those contract personnel are available to the Department
of Defense within a timeframe set by the Secretary of Defense.
(C) That the Department of Defense will retain capabilities
in the form of Federal employees to monitor and investigate
5 USC 1101 note.
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117 STAT. 1562
PUBLIC LAW 108–136—NOV. 24, 2003
Department of Defense and contractor personnel as necessary
to perform counterintelligence functions and polygraph activi-
ties of the Department.
(D) That the authority to adjudicate background investiga-
tions will remain with the Department of Defense and that
the transfer of Defense Security Service personnel to the Office
of Personnel Management will improve the speed and efficiency
of the adjudication process.
(E) That the Department of Defense will retain within
the Defense Security Service sufficient personnel and capabili-
ties to improve Department of Defense industrial security pro-
grams and practices.
(c) TRANSFER OF PERSONNEL.—(1) If the Director of the Office
of Personnel Management accepts a transfer of functions under
subsection (a), the Secretary of Defense shall also transfer to the
Office of Personnel Management, and the Director shall accept—
(A) the Defense Security Service employees who perform
those functions immediately before the transfer of functions;
and
(B) the Defense Security Service employees who, as of
such time, are first level supervisors of employees transferred
under subparagraph (A).
(2) The Secretary may also transfer to the Office of Personnel
Management any Defense Security Service employees (including
higher level supervisors) who provide support services for the
performance of the functions transferred under subsection (a) or
for the personnel (including supervisors) transferred under para-
graph (1) if the Director—
(A) determines that the transfer of such additional
employees and the positions of such employees to the Office
of Personnel Management is necessary in the interest of effec-
tive performance of the transferred functions; and
(B) accepts the transfer of the additional employees.
(3) In the case of an employee transferred to the Office of
Personnel Management under paragraph (1) or (2), whether a full-
time or part-time employee—
(A) subsections (b) and (c) of section 5362 of title 5, United
States Code, relating to grade retention, shall apply to the
employee, except that—
(i) the grade retention period shall be the one-year
period beginning on the date of the transfer; and
(ii) paragraphs (1), (2), and (3) of such subsection (c)
shall not apply to the employee; and
(B) the employee may not be separated, other than pursu-
ant to chapter 75 of title 5, United States Code, during such
one-year period.
(d) ACTIONS AFTER TRANSFER.—(1) Not later than one year
after a transfer of functions to the Office of Personnel Management
under subsection (a), the Director of the Office of Personnel Manage-
ment, in coordination with the Secretary of Defense, shall review
all functions performed by personnel of the Defense Security Service
at the time of the transfer and make a written determination
regarding whether each such function is inherently governmental
or is otherwise inappropriate for performance by contractor per-
sonnel.
(2) A function performed by Defense Security Service employees
as of the date of the enactment of this Act may not be converted
Deadline.
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117 STAT. 1563
PUBLIC LAW 108–136—NOV. 24, 2003
to contractor performance by the Director of the Office of Personnel
Management until—
(A) the Director reviews the function in accordance with
the requirements of paragraph (1) and makes a written deter-
mination that the function is not inherently governmental and
is not otherwise inappropriate for contractor performance; and
(B) the Director conducts a public-private competition
regarding the performance of that function in accordance with
the requirements of the Office of Management and Budget
Circular A–76.
SEC. 907. DEFENSE ACQUISITION WORKFORCE FREEZE FOR FISCAL
YEAR 2004.
(a) DEFENSE ACQUISITION WORKFORCE FREEZE.—During fiscal
year 2004, the number of defense acquisition and support personnel
may not at any time be greater than one percent above, or less
than one percent below, the baseline number, and any variation
from the baseline number (within such one percent variance) shall
be only to exercise normal hiring and firing flexibility during the
fiscal year.
(b) BASELINE NUMBER.—For purposes of subsection (a), the
baseline number is the number of defense acquisition and support
personnel as of October 1, 2003.
(c) USE OF FULL-TIME EQUIVALENT POSITIONS.—All determina-
tions of personnel strengths for purposes of this section shall be
on the basis of full-time equivalent positions.
(d) WAIVER AUTHORITY.—The Secretary of Defense may waive
the limitation in subsection (a) upon a determination that such
waiver is necessary to protect a significant national security interest
of the United States. If the Secretary makes such a determination,
the Secretary shall, within 30 days after making the determination,
notify the Committees on Armed Services of the Senate and House
of Representatives of the determination and the reasons for the
determination.
(e) DEFINITION.—In this section, the term ‘‘defense acquisition
and support personnel’’ means members of the Armed Forces and
civilian personnel (other than civilian personnel who are employed
at a maintenance depot) who are assigned to, or employed in,
acquisition organizations of the Department of Defense (as specified
in Department of Defense Instruction numbered 5000.58, dated
January 14, 1992), and any other organization that, as determined
by the Secretary, has acquisition as its predominant mission.
Subtitle B—Space Activities
SEC. 911. COORDINATION OF SPACE SCIENCE AND TECHNOLOGY
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—(1) Chapter 135 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 2272. Space science and technology strategy: coordination
‘‘(a) SPACE SCIENCE AND TECHNOLOGY STRATEGY.—(1) The Sec-
retary of Defense shall develop and implement a space science
and technology strategy and shall review and, as appropriate, revise
the strategy annually. Functions of the Secretary under this sub-
section shall be carried out jointly by the Director of Defense
Research and Engineering and the official of the Department of
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Defense designated as the Department of Defense Executive Agent
for Space.
‘‘(2) The strategy under paragraph (1) shall, at a minimum,
address the following issues:
‘‘(A) Short-term and long-term goals of the space science
and technology programs of the Department of Defense.
‘‘(B) The process for achieving the goals identified under
subparagraph (A), including an implementation plan for
achieving those goals.
‘‘(C) The process for assessing progress made toward
achieving those goals.
‘‘(3) The strategy under paragraph (1) shall be included as
part of the annual National Security Space Plan developed pursuant
to Department of Defense regulations and shall be provided to
Department of Defense components and science and technology
entities of the Department of Defense to support the planning,
programming, and budgeting processes of the Department.
‘‘(4) The strategy under paragraph (1) shall be developed in
consultation with the directors of research laboratories of the
Department of Defense, the directors of the other Department of
Defense research components, and the heads of other organizations
of the Department of Defense as identified by the Director of
Defense Research and Engineering and the Department of Defense
Executive Agent for Space.
‘‘(5) The strategy shall be available for review by the congres-
sional defense committees.
‘‘(b) REQUIRED
COORDINATION.—In carrying out the space
science and technology strategy developed under subsection (a),
the directors of the research laboratories of the Department of
Defense, the directors of the other Department of Defense research
components, and the heads of all other appropriate organizations
identified jointly by the Director of Defense Research and
Engineering and the Department of Defense Executive Agent for
Space shall each—
‘‘(1) identify research projects in support of that strategy
that contribute directly and uniquely to the development of
space technology; and
‘‘(2) inform the Director of Defense Research and
Engineering and the Department of Defense Executive Agent
for Space of the planned budget and planned schedule for
executing those projects.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘research laboratory of the Department of
Defense’ means any of the following:
‘‘(A) The Air Force Research Laboratory.
‘‘(B) The Naval Research Laboratory.
‘‘(C) The Office of Naval Research.
‘‘(D) The Army Research Laboratory.
‘‘(2) The term ‘other Department of Defense research
component’ means either of the following:
‘‘(A) The Defense Advanced Research Projects Agency.
‘‘(B) The National Reconnaissance Office.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2272. Space science and technology strategy: coordination.’’.
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(b) GENERAL ACCOUNTING OFFICE REVIEW.—(1) The Comp-
troller General shall review and assess the space science and tech-
nology strategy developed under subsection (a) of section 2272 of
title 10, United States Code, as added by subsection (a), and the
effectiveness of the coordination process required under subsection
(b) of that section.
(2) Not later than September 1, 2004, the Comptroller General
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report containing the findings
and assessment under paragraph (1).
SEC. 912. POLICY REGARDING ASSURED ACCESS TO SPACE FOR
UNITED STATES NATIONAL SECURITY PAYLOADS.
(a) IN GENERAL.—(1) Chapter 135 of title 10, United States
Code, is amended by adding after section 2272, as added by section
911(a)(1), the following new section:
‘‘§ 2273. Policy regarding assured access to space: national
security payloads
‘‘(a) POLICY.—It is the policy of the United States for the Presi-
dent to undertake actions appropriate to ensure, to the maximum
extent practicable, that the United States has the capabilities nec-
essary to launch and insert United States national security payloads
into space whenever such payloads are needed in space.
‘‘(b) INCLUDED ACTIONS.—The appropriate actions referred to
in subsection (a) shall include, at a minimum, providing resources
and policy guidance to sustain—
‘‘(1) the availability of at least two space launch vehicles
(or families of space launch vehicles) capable of delivering into
space any payload designated by the Secretary of Defense or
the Director of Central Intelligence as a national security pay-
load; and
‘‘(2) a robust space launch infrastructure and industrial
base.
‘‘(c) COORDINATION.—The Secretary of Defense shall, to the
maximum extent practicable, pursue the attainment of the capabili-
ties described in subsection (a) in coordination with the Adminis-
trator of the National Aeronautics and Space Administration.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating
to section 2272, as added by section 911(a)(2), the following new
item:
‘‘2273. Policy regarding assured access to space: national security payloads.’’.
SEC. 913. PILOT PROGRAM FOR PROVISION OF SPACE SURVEILLANCE
NETWORK SERVICES TO NON-UNITED STATES GOVERN-
MENT ENTITIES.
(a) IN GENERAL.—Chapter 135 of title 10, United States Code,
is amended by adding after section 2273, as added by section
912(a), the following new section:
‘‘§ 2274. Space surveillance network: pilot program for provi-
sion of satellite tracking support to entities out-
side United States Government
‘‘(a) PILOT PROGRAM.—The Secretary of Defense may carry out
a pilot program to determine the feasibility and desirability of
Deadline.
Reports.
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117 STAT. 1566
PUBLIC LAW 108–136—NOV. 24, 2003
providing to non-United States Government entities space surveil-
lance data support described in subsection (b).
‘‘(b) SPACE SURVEILLANCE DATA SUPPORT.—Under such a pilot
program, the Secretary may provide to a non-United States Govern-
ment entity, subject to an agreement described in subsection (d),
the following:
‘‘(1) Satellite tracking services from assets owned or con-
trolled by the Department of Defense, but only if the Secretary
determines, in the case of any such agreement, that providing
such services to that entity is in the national security interests
of the United States.
‘‘(2) Space surveillance data and the analysis of space
surveillance data, but only if the Secretary determines, in the
case of any such agreement, that providing such data and
analysis to that entity is in the national security interests
of the United States.
‘‘(c) ELIGIBLE ENTITIES.—Under the pilot program, the Sec-
retary may provide space surveillance data support to non-United
States Government entities including the following:
‘‘(1) State governments.
‘‘(2) Governments of political subdivisions of States.
‘‘(3) United States commercial entities.
‘‘(4) Governments of foreign countries.
‘‘(5) Foreign commercial entities.
‘‘(d) REQUIRED AGREEMENT.—The Secretary may not provide
space surveillance data support to a non-United States Government
entity under the pilot program unless that entity enters into an
agreement with the Secretary under which the entity—
‘‘(1) agrees to pay an amount that may be charged by
the Secretary under subsection (e); and
‘‘(2) agrees not to transfer any data or technical information
received under the agreement, including the analysis of
tracking data, to any other entity without the express approval
of the Secretary.
‘‘(e) RULE OF CONSTRUCTION CONCERNING PROVISION OF INTEL-
LIGENCE ASSETS OR DATA.—Nothing in this section shall be consid-
ered to authorize the provision of services or information concerning,
or derived from, United States intelligence assets or data.
‘‘(f) CHARGES.—(1) As a condition of an agreement under sub-
section (d), the Secretary may (except as provided in paragraph
(2)) require the non-United States Government entity entering into
the agreement to pay to the Department of Defense such amounts
as the Secretary determines to be necessary to reimburse the
Department for the costs of the Department of providing space
surveillance data support under the agreement.
‘‘(2) The Secretary may not require the government of a State
or of a political subdivision of a State to pay any amount under
paragraph (1).
‘‘(g) CREDITING OF FUNDS RECEIVED.—Funds received for the
provision of space surveillance data support pursuant to an agree-
ment under this section shall be credited to accounts of the Depart-
ment of Defense that are current when the funds are received
and that are available for the same purposes as the accounts
originally charged to provide such support. Funds so credited shall
merge with and become available for obligation for the same period
as the accounts to which they are credited.
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117 STAT. 1567
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(h) PROCEDURES.—The Secretary shall establish procedures
for the conduct of the pilot program. As part of those procedures,
the Secretary may allow space surveillance data and analysis of
space surveillance data to be provided through a contractor of
the Department of Defense.
‘‘(i) DURATION OF PILOT PROGRAM.—The pilot program under
this section shall be conducted during the three-year period begin-
ning on a date specified by the Secretary of Defense, which date
shall be not later than 180 days after the date of the enactment
of this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating
to section 2273, as added by section 912(b), the following new
item:
‘‘2274. Space surveillance network: pilot program for provision of satellite tracking
support to entities outside United States Government.’’.
SEC. 914. CONTENT OF BIENNIAL GLOBAL POSITIONING SYSTEM
REPORT.
(a) REVISED CONTENT.—Paragraph (1) of section 2281(d) of
title 10, United States Code, is amended—
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph
(C);
(3) by redesignating subparagraph (E) as subparagraph
(D) and in that subparagraph striking ‘‘Any progress made
toward’’ and inserting ‘‘Progress and challenges in’’; and
(4) by striking subparagraph (F) and inserting the fol-
lowing:
‘‘(E) Progress and challenges in protecting GPS from jam-
ming, disruption, and interference.
‘‘(F) Progress and challenges in developing the enhanced
Global Positioning System required by section 218(b) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105–261; 112 Stat. 1951; 10 U.S.C.
2281 note).’’.
(b) CONFORMING AMENDMENT.—Paragraph (2) of such section
is amended by inserting ‘‘(C),’’ after ‘‘under subparagraphs’’.
SEC. 915. REPORT ON PROCESSES-RELATED SPACE SYSTEMS.
Not later than March 15, 2004, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report to provide the—
(1) the Secretary’s assessment of the role of the United
States Strategic Command in planning and requirements
development for space systems to support the warfighter;
(2) the Secretary’s assessment of the processes by which
space systems capabilities are integrated into training and
doctrine of the Armed Forces; and
(3) the Secretary’s recommendations for improvements in
the processes identified pursuant to paragraphs (1) and (2).
Deadline.
Deadline.
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PUBLIC LAW 108–136—NOV. 24, 2003
Subtitle C—Department of Defense Intelligence Components
SEC. 921. REDESIGNATION OF NATIONAL IMAGERY AND MAPPING
AGENCY 
AS 
NATIONAL 
GEOSPATIAL-INTELLIGENCE
AGENCY.
(a) REDESIGNATION.—The National Imagery and Mapping
Agency of the Department of Defense is hereby redesignated as
the National Geospatial-Intelligence Agency.
(b) DEFINITION OF GEOSPATIAL INTELLIGENCE.—Section 467 of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
‘‘(5) The term ‘geospatial intelligence’ means the exploi-
tation and analysis of imagery and geospatial information to
describe, assess, and visually depict physical features and geo-
graphically referenced activities on the earth. Geospatial intel-
ligence consists of imagery, imagery intelligence, and geospatial
information.’’.
(c) AGENCY MISSIONS.—(1) Section 442(a) of title 10, United
States Code, is amended—
(A) in paragraph (1), by inserting ‘‘geospatial intelligence
consisting of’’ after ‘‘provide’’; and
(B) in paragraph (2), by striking ‘‘Imagery, intelligence,
and information’’ and inserting ‘‘Geospatial intelligence’’.
(2) Section 110(a) of the National Security Act of 1947 (50
U.S.C. 404e(a)) is amended by striking ‘‘imagery’’ and inserting
‘‘geospatial intelligence’’.
(d) TECHNICAL AND CONFORMING AMENDMENTS TO TITLE 10,
UNITED STATES CODE.—Title 10, United States Code, is amended
as follows:
(1) The heading of chapter 22 is amended to read as follows:
‘‘CHAPTER 22—NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY’’.
(2) Chapter 22 is amended—
(A) by striking ‘‘National Imagery and Mapping
Agency’’ each place it appears (other than in section 461(b))
and inserting ‘‘National Geospatial-Intelligence Agency’’;
(B) in section 453(b), by striking ‘‘NIMA’’ in paragraphs
(1) and (2) and inserting ‘‘NGA’’; and
(C) in section 461(b)—
(i) by striking ‘‘The National Imagery and Mapping
Agency’’ and inserting ‘‘The Director of the National
Geospatial-Intelligence Agency’’; and
(ii) by striking ‘‘on the day before’’ and all that
follows through the period and inserting ‘‘on September
30, 1996.’’.
(3) Section 193 is amended—
(A) by striking ‘‘National Imagery and Mapping
Agency’’ in subsections (d)(1), (d)(2), (e), and (f)(4) and
inserting ‘‘National Geospatial-Intelligence Agency’’;
(B) in the heading for subsection (d), by striking
‘‘NATIONAL IMAGERY AND MAPPING AGENCY’’ and inserting
‘‘NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY’’; and
(C) in the heading for subsection (e), by striking
‘‘NIMA’’ and inserting ‘‘NGA’’.
10 USC 441–444,
451–457, 461,
462.
10 USC 441 note.
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117 STAT. 1569
PUBLIC LAW 108–136—NOV. 24, 2003
(4) Section 201 is amended by striking ‘‘National Imagery
and Mapping Agency’’ in subsections (b)(2)(C) and (c)(2)(C) and
inserting ‘‘National Geospatial-Intelligence Agency’’.
(5)(A) Section 424 is amended by striking ‘‘National
Imagery and Mapping Agency’’ in subsection (b)(3) and
inserting ‘‘National Geospatial-Intelligence Agency’’.
(B)(i) The heading of such section is amended to read
as follows:
‘‘§ 424. Disclosure of organizational and personnel informa-
tion: exemption for specified intelligence agen-
cies’’.
(ii) The item relating to that section in the table of sections
at the beginning of subchapter I of chapter 21 is amended
to read as follows:
‘‘424. Disclosure of organizational and personnel information: exemption for speci-
fied intelligence agencies.’’.
(6) Section 425(a) is amended by adding at the end the
following new paragraph:
‘‘(5) The words ‘National Geospatial-Intelligence Agency’,
the initials ‘NGA,’ or the seal of the National Geospatial-Intel-
ligence Agency.’’.
(7) Section 1614(2)(C) is amended by striking ‘‘National
Imagery and Mapping Agency’’ and inserting ‘‘National
Geospatial-Intelligence Agency’’.
(8) The tables of chapters at the beginning of subtitle
A, and at the beginning of part I of subtitle A, are each
amended by striking ‘‘Imagery and Mapping’’ in the item
relating to chapter 22 and inserting ‘‘Geospatial-Intelligence’’.
(e) CONFORMING AMENDMENTS TO NATIONAL SECURITY ACT OF
1947.—The National Security Act of 1947 is amended as follows:
(1) Section 3 (50 U.S.C. 401a) is amended by striking
‘‘National Imagery and Mapping Agency’’ in paragraph (4)(E)
and inserting ‘‘National Geospatial-Intelligence Agency’’.
(2) Section 105 (50 U.S.C. 403–5) is amended by striking
‘‘National Imagery and Mapping Agency’’ in subsections (b)(2)
and (d)(3) and inserting ‘‘National Geospatial-Intelligence
Agency’’.
(3) Section 105A (50 U.S.C. 403–5a) is amended by striking
‘‘National Imagery and Mapping Agency’’ in subsection (b)(1)(C)
and inserting ‘‘National Geospatial-Intelligence Agency’’.
(4) Section 105C (50 U.S.C. 403–5c) is amended—
(A) by striking ‘‘National Imagery and Mapping
Agency’’ each place it appears and inserting ‘‘National
Geospatial-Intelligence Agency’’;
(B) by striking ‘‘NIMA’’ each place it appears and
inserting ‘‘NGA’’; and
(C) by striking ‘‘NIMA’s’’ in subsection (a)(6)(B)(iv)(II)
and inserting ‘‘NGA’s’’.
(5) Section 106 (50 U.S.C. 403–6) is amended by striking
‘‘National Imagery and Mapping Agency’’ in subsection (a)(2)(C)
and inserting ‘‘National Geospatial-Intelligence Agency’’.
(6) Section 110 (50 U.S.C. 404e) is amended—
(A) by striking ‘‘National Imagery and Mapping
Agency’’ in subsections (a), (b), and (c) and inserting
‘‘National Geospatial-Intelligence Agency’’; and
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117 STAT. 1570
PUBLIC LAW 108–136—NOV. 24, 2003
(B) by striking ‘‘NATIONAL
IMAGERY
AND
MAPPING
AGENCY’’ in the section heading and inserting ‘‘NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY’’.
(7) The item relating to section 110 in the table of contents
in the first section is amended to read as follows:
‘‘Sec. 110. National mission of National Geospatial-Intelligence Agency.’’.
(f) CROSS REFERENCE CORRECTION.—Section 442(d) of title 10,
United States Code, is amended by striking ‘‘section 120(a) of the
National Security Act of 1947’’ and inserting ‘‘section 110(a) of
the National Security Act of 1947 (50 U.S.C. 404e(a))’’.
(g) REFERENCES.—Any reference to the National Imagery and
Mapping Agency in any law, regulation, map, document, record,
or other paper of the United States shall be considered to be
a reference to the National Geospatial-Intelligence Agency.
SEC. 922. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
SECURITY AGENCY.
(a) PROTECTION
OF OPERATIONAL FILES
OF NSA.—Title VII
of the National Security Act of 1947 (50 U.S.C. 431 et seq.) is
amended by adding at the end the following new section:
‘‘OPERATIONAL FILES OF THE NATIONAL SECURITY AGENCY
‘‘SEC. 704. (a) EXEMPTION OF CERTAIN OPERATIONAL FILES FROM
SEARCH, REVIEW, PUBLICATION, OR DISCLOSURE.—The Director of
the National Security Agency, in coordination with the Director
of Central Intelligence, may exempt operational files of the National
Security Agency from the provisions of section 552 of title 5, United
States Code, which require publication, disclosure, search, or review
in connection therewith.
‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this section, the term
‘operational files’ means—
‘‘(A) files of the Signals Intelligence Directorate of the
National Security Agency (and any successor organization of
that directorate) that document the means by which foreign
intelligence or counterintelligence is collected through technical
systems; and
‘‘(B) files of the Research Associate Directorate of the
National Security Agency (and any successor organization of
that directorate) that document the means by which foreign
intelligence or counterintelligence is collected through scientific
and technical systems.
‘‘(2) Files that are the sole repository of disseminated intel-
ligence, and files that have been accessioned into the National
Security Agency Archives (or any successor organization) are not
operational files.
‘‘(c) SEARCH AND REVIEW FOR INFORMATION.—Notwithstanding
subsection (a), exempted operational files shall continue to be sub-
ject to search and review for information concerning any of the
following:
‘‘(1) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on them-
selves pursuant to the provisions of section 552 or 552a of
title 5, United States Code.
‘‘(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552
of title 5, United States Code.
50 USC 432b.
10 USC 441 note.
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PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(3) The specific subject matter of an investigation by any
of the following for any impropriety, or violation of law, Execu-
tive order, or Presidential directive, in the conduct of an intel-
ligence activity:
‘‘(A) The Committee on Armed Services and the Perma-
nent Select Committee on Intelligence of the House of
Representatives.
‘‘(B) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
‘‘(C) The Intelligence Oversight Board.
‘‘(D) The Department of Justice.
‘‘(E) The Office of General Counsel of the National
Security Agency.
‘‘(F) The Office of the Inspector General of the Depart-
ment of Defense.
‘‘(G) The Office of the Director of the National Security
Agency.
‘‘(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED
OPERATIONAL FILES.—(1) Files that are not exempted under sub-
section (a) that contain information derived or disseminated from
exempted operational files shall be subject to search and review.
‘‘(2) The inclusion of information from exempted operational
files in files that are not exempted under subsection (a) shall
not affect the exemption under subsection (a) of the originating
operational files from search, review, publication, or disclosure.
‘‘(3) The declassification of some of the information contained
in exempted operational files shall not affect the status of the
operational file as being exempt from search, review, publication,
or disclosure.
‘‘(4) Records from exempted operational files that have been
disseminated to and referenced in files that are not exempted
under subsection (a) and that have been returned to exempted
operational files for sole retention shall be subject to search and
review.
‘‘(e) SUPERCEDURE OF OTHER LAWS.—The provisions of sub-
section (a) may not be superseded except by a provision of law
that is enacted after the date of the enactment of this section
and that specifically cites and repeals or modifies such provisions.
‘‘(f) 
ALLEGATION; 
IMPROPER
WITHHOLDING
OF
RECORDS;
JUDICIAL REVIEW.—(1) Except as provided in paragraph (2), when-
ever any person who has requested agency records under section
552 of title 5, United States Code, alleges that the National Security
Agency has withheld records improperly because of failure to comply
with any provision of this section, judicial review shall be available
under the terms set forth in section 552(a)(4)(B) of title 5, United
States Code.
‘‘(2) Judicial review shall not be available in the manner pro-
vided for under paragraph (1) as follows:
‘‘(A) In any case in which information specifically author-
ized under criteria established by an Executive order to be
kept secret in the interests of national defense or foreign rela-
tions is filed with, or produced for, the court by the National
Security Agency, such information shall be examined ex parte,
in camera by the court.
‘‘(B) The court shall determine, to the fullest extent prac-
ticable, the issues of fact based on sworn written submissions
of the parties.
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117 STAT. 1572
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(C) When a complainant alleges that requested records
are improperly withheld because of improper placement solely
in exempted operational files, the complainant shall support
such allegation with a sworn written submission based upon
personal knowledge or otherwise admissible evidence.
‘‘(D)(i) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the National Security Agency shall meet its
burden under section 552(a)(4)(B) of title 5, United States Code,
by demonstrating to the court by sworn written submission
that exempted operational files likely to contain responsible
records currently perform the functions set forth in subsection
(b).
‘‘(ii) The court may not order the National Security Agency
to review the content of any exempted operational file or files
in order to make the demonstration required under clause
(i), unless the complainant disputes the National Security
Agency’s showing with a sworn written submission based on
personal knowledge or otherwise admissible evidence.
‘‘(E) In proceedings under subparagraphs (C) and (D), the
parties may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that requests
for admissions may be made pursuant to rules 26 and 36.
‘‘(F) If the court finds under this subsection that the
National Security Agency has improperly withheld requested
records because of failure to comply with any provision of
this subsection, the court shall order the Agency to search
and review the appropriate exempted operational file or files
for the requested records and make such records, or portions
thereof, available in accordance with the provisions of section
552 of title 5, United States Code, and such order shall be
the exclusive remedy for failure to comply with this section
(other than subsection (g)).
‘‘(G) If at any time following the filing of a complaint
pursuant to this paragraph the National Security Agency agrees
to search the appropriate exempted operational file or files
for the requested records, the court shall dismiss the claim
based upon such complaint.
‘‘(H) Any information filed with, or produced for the court
pursuant to subparagraphs (A) and (D) shall be coordinated
with the Director of Central Intelligence before submission
to the court.
‘‘(g) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—
(1) Not less than once every 10 years, the Director of the National
Security Agency and the Director of Central Intelligence shall
review the exemptions in force under subsection (a) to determine
whether such exemptions may be removed from a category of
exempted files or any portion thereof. The Director of Central
Intelligence must approve any determination to remove such exemp-
tions.
‘‘(2) The review required by paragraph (1) shall include consid-
eration of the historical value or other public interest in the subject
matter of a particular category of files or portions thereof and
the potential for declassifying a significant part of the information
contained therein.
‘‘(3) A complainant that alleges that the National Security
Agency has improperly withheld records because of failure to comply
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with this subsection may seek judicial review in the district court
of the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding, the
court’s review shall be limited to determining the following:
‘‘(A) Whether the National Security Agency has conducted
the review required by paragraph (1) before the expiration
of the 10-year period beginning on the date of the enactment
of this section or before the expiration of the 10-year period
beginning on the date of the most recent review.
‘‘(B) Whether the National Security Agency, in fact, consid-
ered the criteria set forth in paragraph (2) in conducting the
required review.’’.
(b) CONSOLIDATION OF CURRENT PROVISIONS ON PROTECTION
OF OPERATIONAL FILES OF CIA.—Title VII of such Act is further
amended—
(1) in section 701(b) (50 U.S.C. 431(b)), by striking ‘‘For
purposes of this title’’ and inserting ‘‘In this section,’’; and
(2) in section 702 (50 U.S.C. 432)—
(A) by striking the section heading;
(B) by redesignating the text of that section as sub-
section (g) of section 701 and redesignating subsections
(a), (b), and (c) thereof as paragraphs (1), (2), and (3),
respectively;
(C) by inserting ‘‘DECENNIAL REVIEW
OF EXEMPTED
OPERATIONAL FILES.—’’ after the subsection designation
(as designated by subparagraph (B));
(D) in paragraph (1) (as redesignated by subparagraph
(B)), by striking ‘‘of section 701 of this Act’’;
(E) in paragraph (2) (as redesignated by subparagraph
(B)), by striking ‘‘of subsection (a) of this section’’ and
inserting ‘‘paragraph (1)’’; and
(F) in paragraph (3) (as redesignated by subparagraph
(B))—
(i) by striking ‘‘with this section’’ in the first sen-
tence and inserting ‘‘with this subsection’’; and
(ii) by striking ‘‘to determining’’ in the second sen-
tence and all that follows and inserting ‘‘to determining
the following:
‘‘(A) Whether the Central Intelligence Agency has con-
ducted the review required by paragraph (1) before October
15, 1994, or before the expiration of the 10-year period begin-
ning on the date of the most recent review.
‘‘(B) Whether the Central Intelligence Agency, in fact,
considered the criteria set forth in paragraph (2) in conducting
the required review.’’.
(c) CONSOLIDATION OF CURRENT PROVISIONS ON PROTECTION
OF OPERATIONAL FILES OF CERTAIN OTHER INTELLIGENCE AGEN-
CIES.—The National Security Act of 1947 (50 U.S.C. 401 et seq.)
is further amended—
(1) by transferring section 105C (50 U.S.C. 403–5c), as
amended by section 921(e)(4), and section 105D (50 U.S.C.
403–5e) to title VII of that Act and inserting them after section
701, as amended by subsection (b); and
(2) by redesignating those sections, as so transferred, as
sections 702 and 703, respectively.
(d) CLERICAL AMENDMENTS.—The National Security Act of 1947
is further amended as follows:
50 USC 403–5c,
403–5e, 432,
432a.
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(1)(A) The heading for title VII is amended to read as
follows:
‘‘TITLE VII—PROTECTION OF OPERATIONAL FILES’’.
(B) The heading for section 701 is amended to read as
follows:
‘‘OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY’’.
(C) The heading for section 702, as transferred and redesig-
nated by subsection (c), is amended to read as follows:
‘‘OPERATIONAL FILES OF THE NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY’’.
(D) The heading for section 703, as transferred and redesig-
nated by subsection (c), is amended by striking the first two
words.
(2) The table of contents in the first section of the National
Security Act of 1947 is amended—
(A) by striking the items relating to sections 105C
and 105D; and
(B) by striking the items relating to title VII and
sections 701 and 702 and inserting the following new items:
‘‘TITLE VII—PROTECTION OF OPERATIONAL FILES
‘‘Sec. 701. Operational files of the Central Intelligence Agency.
‘‘Sec. 702. Operational files of the National Geospatial-Intelligence Agency.
‘‘Sec. 703. Operational files of the National Reconnaissance Office.
‘‘Sec. 704. Operational files of the National Security Agency.’’.
SEC. 923. INTEGRATION OF DEFENSE INTELLIGENCE, SURVEILLANCE,
AND RECONNAISSANCE CAPABILITIES.
(a) FINDINGS.—Congress makes the following findings:
(1) As part of transformation efforts within the Department
of Defense, each of the Armed Forces is developing intelligence,
surveillance, and reconnaissance capabilities that best support
future war fighting as envisioned by the leadership of the
military department concerned.
(2) Concurrently, intelligence agencies of the Department
of Defense outside the military departments are developing
transformation roadmaps to best support the future decision-
making and war fighting needs of their principal customers,
but are not always closely coordinating those efforts with the
intelligence, surveillance, and reconnaissance development
efforts of the military departments.
(3) A senior official of each military department has been
designated as the integrator of intelligence, surveillance, and
reconnaissance for each of the Armed Forces in such military
department, but there is not currently a well-defined forum
through which the integrators of intelligence, surveillance, and
reconnaissance capabilities for each of the Armed Forces can
routinely interact with each other and with senior representa-
tives of Department of Defense intelligence agencies, as well
as with other members of the intelligence community, to ensure
unity of effort and to preclude unnecessary duplication of effort.
10 USC 426 note.
50 USC 432a.
50 USC 432.
50 USC 431.
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(4) The current funding structure of a National Foreign
Intelligence Program (NFIP), Joint Military Intelligence Pro-
gram (JMIP), and Tactical Intelligence and Related Activities
Program (TIARA) may not be the best approach for supporting
the development of an intelligence, surveillance, and reconnais-
sance structure that is integrated to meet the national security
requirements of the United States in the 21st century.
(5) The position of Under Secretary of Defense for Intel-
ligence was established in 2002 by Public Law 107–314 in
order to facilitate resolution of the challenges to achieving
an integrated intelligence, surveillance, and reconnaissance
structure in the Department of Defense to meet such 21st
century requirements.
(b) GOAL.—It shall be a goal of the Department of Defense
to fully integrate the intelligence, surveillance, and reconnaissance
capabilities and coordinate the developmental activities of the mili-
tary departments, intelligence agencies of the Department of
Defense, and relevant combatant commands as those departments,
agencies, and commands transform their intelligence, surveillance,
and reconnaissance systems to meet current and future needs.
(c) ISR INTEGRATION REQUIREMENTS.—(1) Subchapter I of
chapter 21 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 426. Integration of Department of Defense intelligence,
surveillance, and reconnaissance capabilities
‘‘(a) ISR INTEGRATION COUNCIL.—(1) The Under Secretary of
Defense for Intelligence shall establish an Intelligence, Surveillance,
and Reconnaissance Integration Council—
‘‘(A) to assist the Under Secretary with respect to matters
relating to the integration of intelligence, surveillance, and
reconnaissance capabilities, and coordination of related develop-
mental activities, of the military departments, intelligence
agencies of the Department of Defense, and relevant combatant
commands; and
‘‘(B) otherwise to provide a means to facilitate the integra-
tion of such capabilities and the coordiation of such develop-
mental activities.
‘‘(2) The Council shall be composed of—
‘‘(A) the senior intelligence officers of the armed forces
and the United States Special Operations Command;
‘‘(B) the Director of Operations of the Joint Staff; and
‘‘(C) the directors of the intelligence agencies of the Depart-
ment of Defense.
‘‘(3) The Under Secretary of Defense for Intelligence shall invite
the participation of the Director of Central Intelligence (or that
Director’s representative) in the proceedings of the Council.
‘‘(b) ISR INTEGRATION ROADMAP.—(1) The Under Secretary of
Defense for Intelligence shall develop a comprehensive plan, to
be known as the ‘Defense Intelligence, Surveillance, and Reconnais-
sance Integration Roadmap’, to guide the development and integra-
tion of the Department of Defense intelligence, surveillance, and
reconnaissance capabilities for the 15-year period of fiscal years
2004 through 2018.
10 USC 426 note.
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117 STAT. 1576
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‘‘(2) The Under Secretary shall develop the Defense Intelligence,
Surveillance, and Reconnaissance Integration Roadmap in consulta-
tion with the Intelligence, Surveillance, and Reconnaissance
Integration Council and the Director of Central Intelligence.’’.
(2) The table of sections at the beginning of such subchapter
is amended by adding at the end the following new item:
‘‘426. Integration of Department of Defense intelligence, surveillance, and reconnais-
sance capabilities.’’.
(d) REPORT.—(1) Not later than September 30, 2004, the Under
Secretary of Defense for Intelligence shall submit to the committees
of Congress specified in paragraph (2) a report on the Defense
Intelligence, 
Surveillance, 
and 
Reconnaissance 
Integration
Roadmap developed under subsection (b) of section 426 of title
10, United States Code, as added by subsection (c). The report
shall include the following matters:
(A) The fundamental goals established in the roadmap.
(B) An overview of the intelligence, surveillance, and recon-
naissance integration activities of the military departments
and the intelligence agencies of the Department of Defense.
(C) An investment strategy for achieving—
(i) an integration of Department of Defense intel-
ligence, surveillance, and reconnaissance capabilities that
ensures sustainment of needed tactical and operational
efforts; and
(ii) efficient investment in new intelligence, surveil-
lance, and reconnaissance capabilities.
(D) A discussion of how intelligence gathered and analyzed
by the Department of Defense can enhance the role of the
Department of Defense in fulfilling its homeland security
responsibilities.
(E) A discussion of how counterintelligence activities of
the Armed Forces and the Department of Defense intelligence
agencies can be better integrated.
(F) Recommendations on how annual funding authoriza-
tions and appropriations can be optimally structured to best
support the development of a fully integrated Department of
Defense intelligence, surveillance, and reconnaissance architec-
ture.
(2) The committees of Congress referred to in paragraph (1)
are as follows:
(A) The Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on Intelligence
of the Senate.
(B) The Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 924. MANAGEMENT OF NATIONAL SECURITY AGENCY MOD-
ERNIZATION PROGRAM.
(a) MANAGEMENT OF ACQUISITION PROGRAMS THROUGH USD
(AT&L).—The Secretary of Defense shall direct that, effective as
of the date of the enactment of this Act, acquisitions under the
National Security Agency Modernization Program shall be directed
and managed by the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(b) APPLICABILITY OF MAJOR DEFENSE ACQUISITION PROGRAM
AUTHORITIES.—(1) Each project designated as a major defense
10 USC 2430
note.
Deadline.
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117 STAT. 1577
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acquisition program under paragraph (2) shall be managed under
the laws, policies, and procedures that are applicable to major
defense acquisition programs (as defined in section 2430 of title
10, United States Code).
(2) The Secretary of Defense (acting through the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics) shall
designate those projects under the National Security Agency Mod-
ernization Program that are to be managed as major defense
acquisition programs.
(c) MILESTONE DECISION AUTHORITY.—(1) The authority to
make a decision that a program is authorized to proceed from
one milestone stage into another (referred to as the milestone
decision authority) may only be exercised by the Under Secretary
of Defense for Acquisition, Technology, and Logistics for the fol-
lowing:
(A) Each project of the National Security Agency Mod-
ernization Program that is to be managed as a major defense
acquisition program, as designated under subsection (b).
(B) Each major system under the National Security Agency
Modernization Program.
(2) The limitation in paragraph (1) shall terminate on, and
the Under Secretary may delegate the milestone decision authority
referred to in paragraph (1) to the Director of the National Security
Agency at any time after, the date that is the later of—
(A) September 30, 2005, or
(B) the date on which the Under Secretary submits to
the appropriate committees of Congress a notification described
in paragraph (3).
(3) A notification described in this paragraph is a notification
by the Under Secretary of the Under Secretary’s intention to dele-
gate the milestone decision authority referred to in paragraph (1)
to the Director of the National Security Agency, together with
a detailed discussion of the justification for that delegation. Such
a notification may not be submitted until—
(A) the Under Secretary has determined (after consultation
with the Under Secretary of Defense for Intelligence and the
Deputy Director of Central Intelligence for Community Manage-
ment) that the Director has implemented acquisition manage-
ment policies, procedures, and practices that are sufficient to
ensure that acquisitions by the National Security Agency are
conducted in a manner consistent with sound, efficient acquisi-
tion practices;
(B) the Under Secretary has consulted with the Under
Secretary of Defense for Intelligence and the Deputy Director
of Central Intelligence for Community Management on the
delegation of such milestone decision authority to the Director;
and
(C) the Secretary of Defense has approved the delegation
of such milestone decision authority to the Director.
(d) PROJECTS COMPRISING PROGRAM.—The National Security
Agency Modernization Program consists of the following projects
of the National Security Agency:
(1) The Trailblazer project.
(2) The Groundbreaker project.
(3) Each cryptological mission management project.
(4) Each other project of that Agency that—
Termination
date.
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117 STAT. 1578
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(A) meets either of the dollar thresholds in effect under
paragraph (2) of section 2430(a) of title 10, United States
Code; and
(B) is determined by the Under Secretary of Defense
for Acquisition, Technology, and Logistics as being a major
project that is within, or properly should be within, the
National Security Agency Modernization Project.
(e) DEFINITIONS.—In this section:
(1) MAJOR
SYSTEM.—The term ‘‘major system’’ has the
meaning given that term in section 2302(5) of title 10, United
States Code.
(2) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term
‘‘appropriate committees of Congress’’ means the following:
(A) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the Perma-
nent Select Committee on Intelligence of the House of
Representatives.
SEC. 925. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS
UNDER NATIONAL SECURITY EDUCATION PROGRAM.
(a) IN GENERAL.—Section 802(b)(2) of the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1902(b)(2))
is amended by striking subparagraphs (A) and (B) and inserting
the following new subparagraphs (A) and (B):
‘‘(A) in the case of a recipient of a scholarship, after
the recipient’s completion of the study for which scholarship
assistance was provided under the program, work in a
position in the Department of Defense or other element
of the intelligence community that is certified by the Sec-
retary as appropriate to utilize the unique language and
region expertise acquired by the recipient pursuant to such
study for a period specified by the Secretary, which period
shall include one year of service for each year, or portion
thereof, for which such scholarship assistance was provided;
or
‘‘(B) in the case of a recipient of a fellowship, after
the recipient’s completion of the study for which the fellow-
ship assistance was provided under the program, work
in a position described in subparagraph (A) that is certified
by the Secretary as appropriate to utilize the unique lan-
guage and region expertise acquired by the recipient pursu-
ant to such study for a period specified by the Secretary,
which period shall (at the discretion of the Secretary)
include not less than one nor more than three years for
each year, or portion thereof, for which such fellowship
assistance was provided; and’’.
(b) APPLICABILITY.—(1) The amendment made by subsection
(a) shall apply with respect to service agreements entered into
under the David L. Boren National Security Education Act of 1991
on or after the date of the enactment of this Act.
(2) The amendment made by subsection (a) shall not affect
the force, validity, or terms of any service agreement entered into
under the David L. Boren National Security Education Act of 1991
before the date of the enactment of this Act that is in force as
of that date.
50 USC 1902
note.
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PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 926. AUTHORITY TO PROVIDE LIVING QUARTERS FOR CERTAIN
STUDENTS IN COOPERATIVE AND SUMMER EDUCATION
PROGRAMS OF THE NATIONAL SECURITY AGENCY.
Section 2195 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d)(1) The Director of the National Security Agency may pro-
vide a qualifying employee of a defense laboratory of that Agency
with living quarters at no charge, or at a rate or charge prescribed
by the Director by regulation, without regard to section 5911(c)
of title 5.
‘‘(2) In this subsection, the term ‘qualifying employee’ means
a student who is employed at the National Security Agency under—
‘‘(A) a Student Educational Employment Program of the
Agency conducted under this section or any other provision
of law; or
‘‘(B) a similar cooperative or summer education program
of the Agency that meets the criteria for Federal cooperative
or summer education programs prescribed by the Office of
Personnel Management.’’.
SEC. 927. COMMERCIAL IMAGERY INDUSTRIAL BASE.
(a) REQUIREMENT.—Of the total amount authorized to be appro-
priated for fiscal year 2004 for the acquisition, processing, and
licensing of imagery from commercial sources (including amounts
authorized to be appropriated under that title for experimentation
related to such imagery), not less than 90 percent shall be used
for the following purposes:
(1) Acquisition of space-based imagery from commercial
sources.
(2) Support for the development of next-generation commer-
cial imagery satellites.
(3) Support for infrastructure improvements that meet
unique requirements related to commercial imagery.
(b) WAIVER.—(1) The Secretary of Defense may waive the
requirement in subsection (a) if the Secretary determines that the
waiver is in the national security interest of the United States.
Any such waiver shall be made in consultation with the Director
of Central Intelligence.
(2) If the Secretary makes the waiver authorized by paragraph
(1), the Secretary shall, within 30 days of issuing the waiver,
submit to the appropriate congressional committees a report that
includes the following:
(A) The Secretary’s reasons for determining that the waiver
is in the national security interest of the United States.
(B) The Secretary’s plan for use of the amount referred
to in subsection (a).
(c) REPORT ON DEPARTMENT OF DEFENSE IMPLEMENTATION OF
PRESIDENT’S COMMERCIAL REMOTE SENSING POLICY.—(1) Not later
than March 1, 2004, the Secretary of Defense shall submit to
the appropriate congressional committees a report on the actions
taken, and to be taken, by the Secretary to implement the Presi-
dent’s policy issued on May 13, 2003, with the title ‘‘U.S. Commer-
cial Remote Sensing Space Policy’’. The Secretary shall consult
with the Director of Central Intelligence in preparing the report.
(2) The report under paragraph (1) shall include an assessment
of the following matters:
Deadline.
Reports.
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117 STAT. 1580
PUBLIC LAW 108–136—NOV. 24, 2003
(A) The sufficiency for the sustainment of a viable commer-
cial imagery industrial base in the United States of—
(i) the President’s policy referred to in paragraph (1);
(ii) the amount provided for the Department of Defense
for fiscal year 2004 for the acquisition of imagery from
commercial sources; and
(iii) the amounts scheduled in the future-years defense
program (as of the submission of the report) for the acquisi-
tion of imagery from commercial sources.
(B) The extent to which the President’s policy referred
to in paragraph (1) and Department of Defense programs
relating to the procurement of imagery from commercial sources
are sufficient to ensure that imagery is available to the Depart-
ment of Defense from United States commercial sources to
meet the needs of the Department of Defense in a timely
manner.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—For the pur-
poses of this section, the term ‘‘appropriate congressional commit-
tees’’ means—
(1) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Appropria-
tions of the House of Representatives.
Subtitle D—Other Matters
SEC. 931. AUTHORITY FOR ASIA-PACIFIC CENTER FOR SECURITY
STUDIES TO ACCEPT GIFTS AND DONATIONS.
(a) AUTHORIZED SOURCES
OF GIFTS
AND DONATIONS.—Sub-
section (a) of section 2611 of title 10, United States Code, is
amended—
(1) in paragraph (1), by striking ‘‘foreign gifts and dona-
tions’’ and inserting ‘‘gifts and donations from sources described
in paragraph (2)’’;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) The sources from which gifts and donations may be
accepted under paragraph (1) are the following:
‘‘(A) The government of a State or a political subdivision
of a State.
‘‘(B) The government of a foreign country.
‘‘(C) A foundation or other charitable organization,
including a foundation or charitable organization that is orga-
nized or operates under the laws of a foreign country.
‘‘(D) Any source in the private sector of the United States
or a foreign country.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 2611 of such title
is further amended—
(A) by striking ‘‘FOREIGN’’ in the headings for subsections
(a) and (f);
(B) in subsection (c), by striking ‘‘foreign’’; and
(C) in subsection (f)—
(i) by striking ‘‘foreign’’ after ‘‘section, a’’; and
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117 STAT. 1581
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(ii) by striking ‘‘from a foreign’’ and all that follows
through ‘‘country.’’ and inserting a period.
(2) Section 184(b)(4) of such title is amended by striking ‘‘for-
eign’’.
(c) CLERICAL AMENDMENTS.—The heading of section 2611 of
such title, and the item relating to such section in the table of
sections at the beginning of chapter 155 of such title, are each
amended by striking the third word after the colon.
(d) CROSS REFERENCE CORRECTION.—Section 2612(a) of such
title is amended by striking ‘‘2611(f)’’ and inserting ‘‘2166(f)(4)’’.
SEC. 932. REPEAL OF ROTATING CHAIRMANSHIP OF ECONOMIC
ADJUSTMENT COMMITTEE.
Section 4004(b) of the Defense Economic Adjustment, Diver-
sification, Conversion, and Stabilization Act of 1990 (division D
of Public Law 101–510; 10 U.S.C. 2391 note) is amended—
(1) by striking ‘‘Until October 1, 1997, the’’ and inserting
‘‘The’’; and
(2) by striking the second sentence.
SEC. 933. EXTENSION OF CERTAIN AUTHORITIES APPLICABLE TO THE
PENTAGON RESERVATION TO INCLUDE A DESIGNATED
PENTAGON CONTINUITY-OF-GOVERNMENT LOCATION.
Section 2674 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(g) For purposes of subsections (b), (c), (d), and (e), the terms
‘Pentagon Reservation’ and ‘National Capital Region’ shall be
treated as including the land and physical facilities at the Raven
Rock Mountain Complex.’’.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
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.
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117 STAT. 1582
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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.
Subtitle A—Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary
in the national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2004 between any such authorizations
for that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be available
for the same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$2,500,000,000.
(b) LIMITATIONS.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
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(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2004.
(a) FISCAL YEAR 2004 LIMITATION.—The total amount contrib-
uted by the Secretary of Defense in fiscal year 2004 for the common-
funded budgets of NATO may be any amount up to, but not in
excess of, the amount specified in subsection (b) (rather than the
maximum amount that would otherwise be applicable to those
contributions under the fiscal year 1998 baseline limitation).
(b) TOTAL AMOUNT.—The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end
of fiscal year 2003, of funds appropriated for fiscal years before
fiscal year 2004 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to
be made under section 2501.
(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appro-
priated by titles II and III of this Act are available for contributions
for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $853,000
for the Civil Budget.
(2) Of the amount provided in section 301(1), $207,125,000
for the Military Budget.
(d) DEFINITIONS.—For purposes of this section:
(1) 
COMMON-FUNDED
BUDGETS
OF
NATO.—The 
term
‘‘common-funded budgets of NATO’’ means the Military Budget,
the Security Investment Program, and the Civil Budget of
the North Atlantic Treaty Organization (and any successor
or additional account or program of NATO).
(2) FISCAL
YEAR
1998
BASELINE
LIMITATION.—The term
‘‘fiscal year 1998 baseline limitation’’ means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the Senate
giving the advice and consent of the Senate to the ratification
of the Protocols to the North Atlantic Treaty of 1949 on the
Accession of Poland, Hungary, and the Czech Republic (as
defined in section 4(7) of that resolution), approved by the
Senate on April 30, 1998.
SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2003.
(a) DOD AND DOE AUTHORIZATIONS.—Amounts authorized to
be appropriated to the Department of Defense and the Department
of Energy for fiscal year 2003 in the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314) are
hereby adjusted, with respect to any such authorized amount, by
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the amount by which appropriations pursuant to such authorization
are increased (by a supplemental appropriation) or decreased (by
a rescission), or both, or are increased by a transfer of funds,
pursuant to title I of Public Law 108–11.
(b) REPORT ON FISCAL YEAR 2003 TRANSFERS.—Not later than
30 days after the end of each fiscal quarter for which unexpended
balances of funds appropriated under title I of Public Law 108–
11 are available for the Department of Defense, the Secretary
of Defense shall submit to the congressional defense committees
a report stating, for each transfer of such funds during such fiscal
quarter of an amount provided for the Department of Defense
through a so-called ‘‘transfer account’’, including the Iraqi Freedom
Fund or any other similar account—
(1) the amount of the transfer;
(2) the appropriation account to which the transfer was
made; and
(3) the specific purpose for which the transferred funds
were used or are to be used.
SEC. 1004. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2004.
(a) DEPARTMENT
OF
DEFENSE
AUTHORIZATIONS.—Amounts
authorized to be appropriated to the Department of Defense for
fiscal year 2004 in this Act are hereby increased, with respect
to any such amount, by the amount by which the corresponding
appropriation account of the Department of Defense for fiscal year
2004 is increased by a supplemental appropriation, or by a transfer
of funds, pursuant to title I of the Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004.
(b) 
DESIGNATION
AS
EMERGENCY.—Amounts 
by 
which
authorizations of appropriations are increased in accordance with
subsection (a) are designated as emergency requirements pursuant
to section 502 of House Concurrent Resolution 95 of the 108th
Congress.
SEC. 1005. REESTABLISHMENT OF AUTHORITY FOR SHORT-TERM
LEASES OF REAL OR PERSONAL PROPERTY ACROSS
FISCAL YEARS.
(a) REESTABLISHMENT OF AUTHORITY.—Subsection (a) of section
2410a of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’;
(2) by striking ‘‘for procurement of severable services’’ and
inserting ‘‘for a purpose described in paragraph (2)’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) The purpose of a contract described in this paragraph
is as follows:
‘‘(A) The procurement of severable services.
‘‘(B) The lease of real or personal property, including the
maintenance of such property when contracted for as part of
the lease agreement.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
Deadline.
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117 STAT. 1585
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‘‘§ 2410a. Contracts for periods crossing fiscal years: sever-
able service contracts; leases of real or personal
property’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 141 of such title is amended to read
as follows:
‘‘2410a. Contracts for periods crossing fiscal years: severable service contracts;
leases of real or personal property.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall not apply to funds appropriated for a fiscal year before fiscal
year 2004.
SEC. 1006. REIMBURSEMENT RATE FOR CERTAIN AIRLIFT SERVICES
PROVIDED TO DEPARTMENT OF STATE.
(a) AUTHORITY.—Subsection (a) of section 2642 of title 10,
United States Code, is amended—
(1) by striking ‘‘(a) AUTHORITY’’ and all that follows through
‘‘the Department of Defense’’ the second place it appears and
inserting the following:
‘‘(a) AUTHORITY.—The Secretary of Defense may authorize the
use of the Department of Defense reimbursement rate for military
airlift services provided by a component of the Department of
Defense as follows:
‘‘(1) For military airlift services provided’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) For military airlift services provided to the Department
of State for the transportation of armored motor vehicles to
a foreign country to meet requirements of the Department
of State for armored motor vehicles associated with the overseas
travel of the Secretary of State in that country.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading for such section
is amended to read as follows:
‘‘§ 2642. Airlift services provided to certain other agencies:
use of Department of Defense reimbursement
rate’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 157 of such title is amended to read
as follows:
‘‘2642. Airlift services provided to certain other agencies: use of Department of De-
fense reimbursement rate.’’.
SEC. 1007. LIMITATION ON PAYMENT OF FACILITIES CHARGES
ASSESSED BY DEPARTMENT OF STATE.
(a) COSTS OF GOODS AND SERVICES PROVIDED TO DEPARTMENT
OF STATE.—Funds appropriated for the Department of Defense may
be transferred to the Department of State as remittance for a
fee charged to the Department of Defense by the Department of
State for any year for the maintenance, upgrade, or construction
of United States diplomatic facilities only to the extent that the
amount charged (when added to other amounts previously so
charged for that fiscal year) exceeds the total amount of the unreim-
bursed costs incurred by the Department of Defense during that
year in providing goods and services to the Department of State.
(b) EFFECTIVE DATE.—Subsection (a) shall take effect as of
October 1, 2003.
10 USC 2241
note.
10 USC 2410a
note.
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SEC. 1008. USE OF THE DEFENSE MODERNIZATION ACCOUNT FOR LIFE
CYCLE COST REDUCTION INITIATIVES.
(a) 
FUNDS
AVAILABLE
FOR
DEFENSE
MODERNIZATION
ACCOUNT.—Section 2216 of title 10, United States Code, is
amended—
(1) by striking subsection (c);
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) FUNDS AVAILABLE FOR ACCOUNT.—The Defense Moderniza-
tion Account shall consist of the following:
‘‘(1) Amounts appropriated to the Defense Modernization
Account for the costs of commencing projects described in sub-
section (d)(1), and amounts reimbursed to the Defense Mod-
ernization Account under subsections (c)(1)(B)(iii) out of savings
derived from such projects.
‘‘(2) Amounts transferred to the Defense Modernization
Account under subsection (c).’’.
(b) START-UP FUNDING.—Subsection (d) of such section is
amended—
(1) by striking ‘‘available from the Defense Modernization
Account pursuant to subsection (f) or (g)’’ and inserting ‘‘in
the Defense Modernization Account’’;
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(3) by inserting after ‘‘purposes:’’ the following new para-
graph (1):
‘‘(1) For paying the costs of commencing any project that,
in accordance with criteria prescribed by the Secretary of
Defense, is undertaken by the Secretary of a military depart-
ment or the head of a Defense Agency or other element of
the Department of Defense to reduce the life cycle cost of
a new or existing system.’’.
(c) REIMBURSEMENT OF ACCOUNT OUT OF SAVINGS.—(1) Para-
graph (1)(B) of subsection (c) of such section, as redesignated by
subsection (a)(2), is amended by adding at the end the following
new clause:
‘‘(iii) Unexpired funds in appropriations accounts that are
available for procurement or operation and maintenance of
a system, if and to the extent that savings are achieved for
such accounts through reductions in life cycle costs of such
system that result from one or more projects undertaken with
respect to such systems with funds made available from the
Defense Modernization Account under subsection (b)(1).’’.
(2) Paragraph (2) of such subsection is amended by inserting
‘‘, other than funds referred to in subparagraph (B)(iii) of such
paragraph,’’ after ‘‘Funds referred to in paragraph (1)’’.
(d) REGULATIONS.—Subsection (h) of such section is amended—
(1) by inserting ‘‘(1)’’ after ‘‘COMPTROLLER.—’’; and
(2) by adding at the end the following new paragraph
(2):
‘‘(2) The regulations prescribed under paragraph (1) shall, at
a minimum, provide for—
‘‘(A) the submission of proposals by the Secretaries con-
cerned or heads of Defense Agencies or other elements of the
Department of Defense to the Comptroller for the use of Defense
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117 STAT. 1587
PUBLIC LAW 108–136—NOV. 24, 2003
Modernization Account funds for purposes set forth in sub-
section (d);
‘‘(B) the use of a competitive process for the evaluation
of such proposals and the selection of programs, projects, and
activities to be funded out of the Defense Modernization
Account from among those proposed for such funding; and
‘‘(C) the calculation of—
‘‘(i) the savings to be derived from projects described
in subsection (d)(1) that are to be funded out of the Defense
Modernization Account; and
‘‘(ii) the amounts to be reimbursed to the Defense
Modernization Account out of such savings pursuant to
subsection (c)(1)(B)(iii).’’.
(e) ANNUAL
REPORT.—Subsection (i) of such section is
amended—
(1) by striking ‘‘QUARTERLY REPORTS.—(1) Not later than
15 days after the end of each calendar quarter,’’ and inserting
‘‘ANNUAL REPORT.—(1) Not later than 15 days after the end
of each fiscal year,’’; and
(2) in paragraph (1), by striking ‘‘quarter’’ in subparagraphs
(A), (B), and (C), and inserting ‘‘fiscal year’’.
(f) 
CODIFICATION
AND
EXTENSION
OF
EXPIRATION
OF
AUTHORITY.—(1) Such section is further amended by adding at
the end the following new subsection:
‘‘(k) EXPIRATION
OF
AUTHORITY
AND
ACCOUNT.—(1) The
authority under subsection (c) to transfer funds into the Defense
Modernization Account terminates at the close of September 30,
2006.
‘‘(2) Three years after the termination date specified in para-
graph (1), the Defense Modernization Account shall be closed and
any remaining balance in the account shall be canceled and there-
after shall not be available for any purpose.’’.
(2) Subsection (c) of section 912 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 410; 10 U.S.C. 2216 note) is repealed.
SEC. 1009. PROVISIONS RELATING TO DEFENSE TRAVEL CARDS.
(a) MANDATORY
DISBURSEMENT
OF
TRAVEL
ALLOWANCES
DIRECTLY TO TRAVEL CARD CREDITORS.—Section 2784a(a) of title
10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘The Secretary of Defense
may require’’ and inserting ‘‘The Secretary of Defense shall
require’’;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) The Secretary of Defense may waive the requirement for
a direct payment to a travel care issuer under paragraph (1) in
any case the Secretary determines appropriate.’’.
(b) DETERMINATIONS OF CREDITWORTHINESS FOR ISSUANCE OF
DEFENSE TRAVEL CARD.—Section 2784a of title 10, United States
Code, is amended—
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following new sub-
section (d):
Deadline.
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117 STAT. 1588
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(d) DETERMINATIONS OF CREDITWORTHINESS FOR ISSUANCE OF
DEFENSE
TRAVEL
CARD.—(1) The Secretary of Defense shall
evaluate the creditworthiness of an employee of the Department
of Defense or a member of armed forces before issuing a Defense
travel card to such an employee or member. The evaluation may
include an examination of the individual’s credit history in available
credit records.
‘‘(2) An individual may not be issued a Defense travel card
if the individual is found not creditworthy as a result of the evalua-
tion required under paragraph (1).’’.
(c) DISCIPLINARY ACTIONS AND ASSESSING PENALTIES FOR MISUSE
OF DEFENSE TRAVEL CARDS.—
(1) REQUIREMENT FOR REGULATIONS.—Section 2784a of title
10, United States Code, is further amended by inserting after
subsection (d) (as added by subsection (b)) the following new
subsection (e):
‘‘(e) REGULATIONS ON DISCIPLINARY ACTION.—(1) The Secretary
of Defense shall prescribe regulations for making determinations
regarding the taking of disciplinary action, including assessment
of penalties, against Department of Defense personnel for improper,
fraudulent, or abusive use of Defense travel cards by such personnel.
‘‘(2) The regulations prescribed under paragraph (1) shall—
‘‘(A) provide for appropriate adverse personnel actions or
other punishment to be imposed in cases in which employees
of the Department of Defense violate such regulations or are
negligent or engage in misuse, abuse, or fraud with respect
to a Defense travel card, including removal in appropriate
cases; and
‘‘(B) provide that a violation of such regulations by a person
subject to chapter 47 of this title (the Uniform Code of Military
Justice) is punishable as a violation of section 892 of this
title (article 92 of the Uniform Code of Military Justice).’’.
(2) REPORT.—Not later than February 1, 2004, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the regulations prescribed under section 2784a(e)
of title 10, United States Code, as added by paragraph (1).
The report shall include the following:
(A) The regulations.
(B) A discussion of the implementation of the regula-
tions.
(C) A discussion of any additional administrative
action, or any recommended legislation, that the Secretary
considers necessary to effectively take disciplinary action
against and penalize Department of Defense personnel for
improper, fraudulent, or abusive use of Defense travel cards
by such personnel.
(3) DEFENSE TRAVEL CARD DEFINED.—In this subsection,
the term ‘‘Defense travel card’’ has the meaning given such
term in section 2784a(f)(1) of title 10, United States Code
(as redesignated by subsection (b)).
Deadline.
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PUBLIC LAW 108–136—NOV. 24, 2003
Subtitle B—Naval Vessels and Shipyards
SEC. 1011. REPEAL OF REQUIREMENT REGARDING PRESERVATION OF
SURGE CAPABILITY FOR NAVAL SURFACE COMBATANTS.
(a) REPEAL.—Section 7296 of title 10, United States Code, is
amended by striking subsection (b).
(b) CLERICAL AMENDMENTS.—Such section is further amended—
(1) by striking ‘‘(3) Any notification under paragraph (1)(A)’’
and inserting ‘‘(b) CONTENT OF NOTIFICATION.—Any notification
under subsection (a)(1)(A)’’;
(2) by redesignating subparagraphs (A), (B), and (C) of
subsection (b) (as redesignated by paragraph (1)) as paragraphs
(1), (2), and (3), respectively; and
(3) by striking ‘‘subparagraph (B)’’ in subsection (b)(3) (as
redesignated by paragraphs (1) and (2)) and inserting ‘‘para-
graph (2)’’.
SEC. 1012. ENHANCEMENT OF AUTHORITY RELATING TO USE FOR
EXPERIMENTAL PURPOSES OF VESSELS STRICKEN FROM
NAVAL VESSEL REGISTER.
(a) ENVIRONMENTAL REMEDIATION.—Paragraph (1) of subsection
(b) of section 7306a of title 10, United States Code, is amended—
(1) by inserting ‘‘AND ENVIRONMENTAL REMEDIATION OF’’
in the subsection heading after ‘‘STRIPPING’’; and
(2) by inserting before the period at the end the following:
‘‘and such environmental remediation of the vessel as is
required for the use of the vessel for experimental purposes’’.
(b) SALE
OF
MATERIAL
AND
EQUIPMENT
STRIPPED
FROM
VESSEL.—Subsection (b) of such section is further amended—
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) Material and equipment stripped from a vessel under para-
graph (1) may be sold by the contractor or by a sales agent approved
by the Secretary.’’; and
(3) in paragraph (3), as redesignated by paragraph (1),
by striking ‘‘scrapping services’’ and all that follows through
the end of such subsection and inserting ‘‘services needed for
such stripping and for environmental remediation required for
the use of the vessel for experimental purposes. Amounts
received in excess of amounts needed for reimbursement of
those costs shall be deposited into the account from which
the stripping and environmental remediation expenses were
incurred and shall be available for stripping and environmental
remediation of other vessels to be used for experimental pur-
poses.’’.
(c) CLARIFICATION
OF COVERED EXPERIMENTAL PURPOSES.—
Such section is further amended by adding at the end the following
new subsection:
‘‘(c) USE FOR EXPERIMENTAL PURPOSES DEFINED.—In this sec-
tion, the term ‘use for experimental purposes’, with respect to
a vessel, includes use of the vessel in a Navy sink exercise or
for target purposes.’’.
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SEC. 1013. TRANSFER OF VESSELS STRICKEN FROM THE NAVAL
VESSEL REGISTER FOR USE AS ARTIFICIAL REEFS.
(a) AUTHORITY TO MAKE TRANSFER.—Chapter 633 of title 10,
United States Code, is amended by inserting after section 7306a
the following new section:
‘‘§ 7306b. Vessels stricken from Naval Vessel Register:
transfer by gift or otherwise for use as artificial
reefs
‘‘(a) AUTHORITY TO MAKE TRANSFER.—The Secretary of the
Navy may transfer, by gift or otherwise, any vessel stricken from
the Naval Vessel Register to any State, Commonwealth, or posses-
sion of the United States, or any municipal corporation or political
subdivision thereof, for use as provided in subsection (b).
‘‘(b) VESSEL TO BE USED AS ARTIFICIAL REEF.—An agreement
for the transfer of a vessel under subsection (a) shall require that—
‘‘(1) the recipient use, site, construct, monitor, and manage
the vessel only as an artificial reef in accordance with the
requirements of the National Fishing Enhancement Act of 1984
(33 U.S.C. 2101 et seq.), except that the recipient may use
the artificial reef to enhance diving opportunities if that use
does not have an adverse effect on fishery resources (as that
term is defined in section 2(14) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1802(14)); and
‘‘(2) the recipient obtain, and bear all responsibility for
complying with, applicable Federal, State, interstate, and local
permits for using, siting, constructing, monitoring, and man-
aging the vessel as an artificial reef.
‘‘(c) PREPARATION OF VESSEL FOR USE AS ARTIFICIAL REEF.—
The Secretary shall ensure that the preparation of a vessel trans-
ferred under subsection (a) for use as an artificial reef is conducted
in accordance with—
‘‘(1) the environmental best management practices devel-
oped pursuant to section 3504(b) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107–314; 16 U.S.C. 1220 note); and
‘‘(2) any applicable environmental laws.
‘‘(d) COST
SHARING.—The Secretary may share with the
recipient of a vessel transferred under subsection (a) any costs
associated with transferring the vessel under that subsection,
including costs of the preparation of the vessel under subsection
(c).
‘‘(e) NO LIMITATION ON NUMBER OF VESSELS TRANSFERABLE
TO PARTICULAR RECIPIENT.—A State, Commonwealth, or possession
of the United States, or any municipal corporation or political
subdivision thereof, may be the recipient of more than one vessel
transferred under subsection (a).
‘‘(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
a transfer authorized by subsection (a) as the Secretary considers
appropriate.
‘‘(g) CONSTRUCTION.—Nothing in this section shall be construed
to establish a preference for the use as artificial reefs of vessels
stricken from the Naval Vessel Register in lieu of other authorized
uses of such vessels, including the domestic scrapping of such
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117 STAT. 1591
PUBLIC LAW 108–136—NOV. 24, 2003
vessels, or other disposals of such vessels, under this chapter or
other applicable authority.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 7306a the following new item:
‘‘7306b. Vessels stricken from Naval Vessel Register: transfer by gift or otherwise
for use as artificial reefs.’’.
SEC. 1014. PRIORITY FOR TITLE XI ASSISTANCE.
(a) IN GENERAL.—Section 1103 of the Merchant Marine Act,
1936 (46 U.S.C. App. 1273) is amended—
(1) in subsection (i) (as added by section 3544 of this
Act) by striking ‘‘PRIORITY’’and inserting ‘‘PRIORITY
FOR
NATIONAL DEFENSE TANK VESSELS’’; and
(2) by adding at the end the following:
‘‘(j) PRIORITY FOR OTHER VESSELS SUITABLE FOR SERVICE AS
A NAVAL AUXILIARY.—In guaranteeing and entering commitments
to guarantee under this section, the Secretary shall, after applying
subsection (i), give priority to a guarantee or commitment for a
vessel that is otherwise eligible for a guarantee under this section
and that the Secretary of Defense determines—
‘‘(1) is suitable for service as a naval auxiliary in time
of war or national emergency; and
‘‘(2) meets a shortfall in sealift capacity or capability.’’.
(b) REPORT.—Within 180 days after the date of the enactment
of this Act, the Secretary of Transportation and the Secretary
of Defense shall transmit a report to the Senate Committee on
Armed Services, the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Armed Services that—
(1) sets forth the criteria to be used by the Secretary
of Defense in making, for purposes of section 1103(j) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1273(j)), as
amended by this section, the determinations described in para-
graphs (1) and (2) of that section; and
(2) describes the procedure that the Secretary of Defense
will follow—
(A) in reviewing applications for which priority treat-
ment is sought under section 1103(j) of that Act; and
(B) in reporting to the Secretary of Transportation
with respect to such applications.
SEC. 1015. SUPPORT FOR TRANSFERS OF DECOMMISSIONED VESSELS
AND SHIPBOARD EQUIPMENT.
(a) IN GENERAL.—Chapter 633 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 7316. Support for transfers of decommissioned vessels and
shipboard equipment
‘‘(a) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of
the Navy may provide an entity described in subsection (b) with
assistance in support of a transfer of a vessel or shipboard equip-
ment described in such subsection that is being executed under
section 2572, 7306, 7307, or 7545 of this title, or under any other
authority.
‘‘(b) COVERED VESSELS AND EQUIPMENT.—The authority under
this section applies—
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‘‘(1) in the case of a decommissioned vessel that—
‘‘(A) is owned and maintained by the Navy, is located
at a Navy facility, and is not in active use; and
‘‘(B) is being transferred to an entity designated by
the Secretary of the Navy or by law to receive transfer
of the vessel; and
‘‘(2) in the case of any shipboard equipment that—
‘‘(A) is on a vessel described in paragraph (1)(A); and
‘‘(B) is being transferred to an entity designated by
the Secretary of the Navy or by law to receive transfer
of the equipment.
‘‘(c) REIMBURSEMENT.—The Secretary may require a recipient
of assistance under subsection (a) to reimburse the Navy for
amounts expended by the Navy in providing the assistance.
‘‘(d) DEPOSIT OF FUNDS RECEIVED.—Funds received in a fiscal
year under subsection (c) shall be credited to the appropriation
available for such fiscal year for operation and maintenance for
the office of the Navy managing inactive ships, shall be merged
with other sums in the appropriation that are available for such
office, and shall be available for the same purposes and period
as the sums with which merged.’’.
(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:
‘‘7316. Support for transfers of decommissioned vessels and shipboard equipment.’’.
SEC. 1016. ADVANCED SHIPBUILDING ENTERPRISE.
(a) FINDINGS.—Congress makes the following findings:
(1) The President’s budget for fiscal year 2004, as submitted
to Congress, includes $10,300,000 for the Advanced Ship-
building Enterprise of the National Shipbuilding Research Pro-
gram.
(2) The Advanced Shipbuilding Enterprise is an innovative
program to encourage greater efficiency among shipyards in
the defense industrial base.
(3) The leaders of the Nation’s shipbuilding industry have
embraced the Advanced Shipbuilding Enterprise as a method
of exploring and collaborating on innovation in shipbuilding
and ship repair that collectively benefits all manufacturers
in the industry.
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress
that—
(1) the Congress strongly supports the innovative Advanced
Shipbuilding Enterprise of the National Shipbuilding Research
Program that has yielded new processes and techniques to
reduce the cost of building and repairing ships in the United
States;
(2) the Congress is concerned that the future-years defense
program submitted to Congress for fiscal year 2004 does not
reflect any funding for the Advanced Shipbuilding Enterprise
after fiscal year 2004; and
(3) the Secretary of Defense and the Secretary of the Navy
should continue funding the Advanced Shipbuilding Enterprise
at a sustaining level through the future-years defense program
to support subsequent rounds of research that reduce the cost
of designing, building, and repairing ships.
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SEC. 1017. REPORT ON NAVY PLANS FOR BASING AIRCRAFT CARRIERS.
(a) FINDINGS.—Congress finds that—
(1) the Committee on Armed Services of the Senate, in
its report to accompany the bill S. 2514 of the 107th Congress
(Senate Report 107–151, filed May 15, 2002), at page 442
of that report directed that the Chief of Naval Operations
submit to the congressional defense committees, not later than
180 days after enactment of the defense authorization Act
for fiscal year 2003, a report on plans of the Navy for basing
aircraft carriers through 2015;
(2) the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107–314) was enacted on
December 2, 2002; and
(3) as of October 24, 2003, the Chief of Naval Operations
has not submitted the report referred to in paragraph (1).
(b) REPORT ON AIRCRAFT CARRIER BASING PLANS.—Not later
than 120 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report on plans of the Navy for basing aircraft carriers
through 2020.
SEC. 1018. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL VESSEL.
The Secretary of the Navy may not dispose of the decommis-
sioned destroyer ex-Forrest Sherman (DD–931) before October 1,
2004, to an entity that is not a nonprofit organization unless the
Secretary first determines that there is no nonprofit organization
that meets the criteria for donation of that vessel under section
7306(a)(3) of title 10, United States Code.
Subtitle C—Counterdrug Matters
SEC. 1021. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES.
(a) GENERAL EXTENSION OF AUTHORITY.—Subsection (a) of sec-
tion 1033 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105–85; 111 Stat. 1881) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Subject to’’;
(2) by striking ‘‘either or both’’ and inserting ‘‘any’’; and
(3) by inserting after the second sentence the following
new paragraph:
‘‘(2) The authority to provide support to a government under
this section expires September 30, 2006.’’.
(b) ADDITIONAL GOVERNMENTS ELIGIBLE TO RECEIVE SUP-
PORT.—Subsection (b) of such section is amended by adding at
the end the following new paragraphs:
‘‘(3) The Government of Afghanistan.
‘‘(4) The Government of Bolivia.
‘‘(5) The Government of Ecuador.
‘‘(6) The Government of Pakistan.
‘‘(7) The Government of Tajikistan.
‘‘(8) The Government of Turkmenistan.
‘‘(9) The Government of Uzbekistan.’’.
(c) TYPES
OF SUPPORT.—Subsection (c) of such section is
amended—
(1) in paragraph (2), by striking ‘‘riverine’’; and
(2) in paragraph (3), by inserting ‘‘or upgrade’’ after
‘‘maintenance and repair’’.
Expiration date.
Deadline.
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(d) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Subsection (e)(2)
of such section is amended by striking ‘‘$20,000,000 during any
of the fiscal years 1999 through 2006’’ and inserting ‘‘$20,000,000
during any of the fiscal years 1999 through 2003, or $40,000,000
during any of the fiscal years 2004 through 2006’’.
(e) COUNTER-DRUG PLAN.—(1) Subsection (h) of such section
is amended—
(A) in the subsection caption, by striking ‘‘RIVERINE’’;
(B) in the matter preceding paragraph (1)—
(i) by striking ‘‘fiscal year 1998’’ and inserting ‘‘fiscal
year 2004’’; and
(ii) by striking ‘‘riverine’’; and
(C) by striking ‘‘riverine’’ each place it appears in para-
graphs (2), (7), (8), and (9).
(2) Subsection (f)(2)(A) of such section is amended by striking
‘‘riverine’’.
(f) CLERICAL AND CONFORMING AMENDMENTS.—(1) Subsection
(b) of such section is further amended—
(A) in paragraph (1), by striking ‘‘, for fiscal years 1998
through 2002’’; and
(B) in paragraph (2), by striking ‘‘, for fiscal years 1998
through 2006’’.
(2) The heading for such section is amended by striking ‘‘PERU
AND COLOMBIA’’ and inserting ‘‘OTHER COUNTRIES’’.
SEC. 1022. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUP-
PORT TO LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM ACTIVITIES.
(a) AUTHORITY.—A joint task force of the Department of Defense
that provides support to law enforcement agencies conducting
counter-drug activities may also provide, subject to all applicable
laws and regulations, support to law enforcement agencies con-
ducting counter-terrorism activities.
(b) CONDITIONS.—Any support provided under subsection (a)
may only be provided in the geographic area of responsibility of
the joint task force.
SEC. 1023. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
(a) AUTHORITY.—(1) In fiscal year 2004, funds available to
the Department of Defense to provide assistance to the Government
of Colombia may be used by the Secretary of Defense to support
a unified campaign by the Government of Colombia against nar-
cotics trafficking and against activities by organizations designated
as terrorist organizations, such as the Revolutionary Armed Forces
of Colombia (FARC), the National Liberation Army (ELN), and
the United Self-Defense Forces of Colombia (AUC).
(2) The authority to provide assistance for a campaign under
this subsection includes authority to take actions to protect human
health and welfare in emergency circumstances, including the
undertaking of rescue operations.
(b) APPLICABILITY OF CERTAIN LAWS AND LIMITATIONS.—The
use of funds pursuant to the authority in subsection (a) shall
be subject to the following:
(1) Sections 556, 567, and 568 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2002 (Public Law 107–115; 115 Stat. 2160, 2165, and 2166).
10 USC 371 note.
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(2) Section 8077 of the Department of Defense Appropria-
tions Act, 2004 (Public Law 108–87; 115 Stat. 2267).
(3) The numerical limitations on the number of United
States military personnel and United States individual civilian
contractors in section 3204(b)(1) of the Emergency Supple-
mental Act, 2000 (division B of Public Law 106–246; 114 Stat.
575), as amended by the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2002 (Public Law
107–115; 115 Stat. 2131).
(c) LIMITATION
ON PARTICIPATION
OF UNITED STATES PER-
SONNEL.—No United States Armed Forces personnel, United States
civilian employees, or United States civilian contractor personnel
employed by the United States may participate in any combat
operation in connection with assistance using funds pursuant to
the authority in subsection (a), except for the purpose of acting
in self defense or of rescuing any United States citizen, including
any United States Armed Forces personnel, United States civilian
employee, or civilian contractor employed by the United States.
(d) RELATION TO OTHER AUTHORITY.—The authority provided
by subsection (a) is in addition to any other authority in law
to provide assistance to the Government of 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.
(a) FINDINGS.—Congress makes the following findings:
(1) The counter-drug inspection mission of the National
Guard is highly important in preventing the entry of illegal
narcotics into the United States.
(2) The expertise of members of the National Guard in
conducting vehicle inspections at United States borders and
seaports has contributed to the identification and seizure of
illegal narcotics being smuggled into the United States.
(3) The support provided by the National Guard to the
United States Customs Service and the Bureau of Border Secu-
rity of the Department of Homeland Security greatly enhances
the capability of these agencies to perform counter-terrorism
surveillance and other border protection duties.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Defense should reconsider the decision of the
Department of Defense to terminate the border inspection and
seaport inspection duties of the National Guard as part of the
drug interdiction and counter-drug mission of the National Guard.
Subtitle D—Reports
SEC. 1031. REPEAL AND MODIFICATION OF VARIOUS REPORTING
REQUIREMENTS APPLICABLE TO THE DEPARTMENT OF
DEFENSE.
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) Section 117(e) is amended by striking ‘‘each month’’
and all that follows through ‘‘subsection (d)’’ and inserting
‘‘each quarter submit to the congressional defense committees
a report in writing containing the results of the most recent
joint readiness review under subsection (d)(1)(A)’’.
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(2) Section 127(d) is amended to read as follows:
‘‘(d) ANNUAL REPORT.—Not later than December 1 each year,
the Secretary of Defense shall submit to the congressional defense
committees a report on expenditures during the preceding fiscal
year under subsections (a) and (b).’’.
(3) Section 127a is amended by striking subsection (d).
(4) Section 128 is amended by striking subsection (d).
(5) Section 226(a) is amended—
(A) by striking ‘‘December 15’’ and inserting ‘‘January
15’’; and
(B) by striking ‘‘in the following year’’ in paragraph
(1) and inserting ‘‘in that year’’.
(6)(A) Section 228 is amended—
(i) in subsection (a)—
(I) by striking ‘‘MONTHLY’’ in the subsection
heading and inserting ‘‘QUARTERLY’’;
(II) by striking ‘‘monthly’’ and inserting ‘‘quar-
terly’’; and
(III) by striking ‘‘month’’ and inserting ‘‘fiscal-year
quarter’’; and
(ii) in subsection (c), by striking ‘‘month’’ each place
it appears and inserting ‘‘quarter’’.
(B)(i) The heading of such section is amended to read
as follows:
‘‘§ 228. Quarterly reports on allocation of funds within oper-
ation and maintenance budget subactivities’’.
(ii) The item relating to section 228 in the table of sections
at the beginning of chapter 9 is amended to read as follows:
‘‘228. Quarterly reports on allocation of funds within operation and maintenance
budget subactivities.’’.
(7) Section 437 is amended—
(A) by striking the second sentence of subsection (b);
and
(B) in subsection (c)—
(i) by striking ‘‘report)—’’ in the matter preceding
paragraph (1) and inserting ‘‘report) the following:’’;
(ii) by striking ‘‘a’’ in paragraphs (1), (2), and (3)
after the paragraph designation and inserting ‘‘A’’;
(iii) by striking the semicolon at the end of para-
graph (1) and inserting a period;
(iv) by striking ‘‘; and’’ at the end of paragraph
(2) and inserting a period; and
(v) by adding at the end the following new para-
graph:
‘‘(4) A description of each corporation, partnership, or other
legal entity that was established.’’.
(8)(A) Section 520c is amended—
(i) by striking subsection (b);
(ii) by striking ‘‘(a) PROVISION OF MEALS AND REFRESH-
MENTS.—’’; and
(iii) by striking the heading for such section and
inserting the following:
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‘‘§ 520c. Recruiting functions: provision of meals and refresh-
ments’’.
(B) The item relating to such section in the table of sections
at the beginning of chapter 31 is amended to read as follows:
‘‘520c. Recruiting functions: provision of meals and refreshments.’’.
(9) Section 1060 is amended by striking subsection (d).
(10)(A) Section 1130 is amended—
(i) in subsection (a), by striking ‘‘and the other deter-
minations necessary to comply with subsection (b)’’; and
(ii) in subsection (b), by striking ‘‘to the requesting’’
and all that follows and inserting ‘‘to the requesting
Member of Congress a detailed discussion of the rationale
supporting the determination.’’.
(B) The heading for such section, and the item relating
to such section in the table of sections at the beginning of
chapter 57, are each amended by striking the last two words.
(11)(A) Section 1563 is amended—
(i) in subsection (a), by striking ‘‘and the other deter-
minations necessary to comply with subsection (b)’’; and
(ii) in subsection (b), by striking ‘‘notice in writing’’
and all that follows and inserting ‘‘a detailed discussion
of the rationale supporting the determination.’’.
(B) The heading for such section, and the item relating
to such section in the table of sections at the beginning of
chapter 80, are each amended by striking the last two words.
(12) Section 2224 is amended by striking subsection (e).
(13) Section 2255(b) is amended—
(A) by striking paragraph (2);
(B) by striking ‘‘(1)’’ after ‘‘(b) EXCEPTION.—’’;
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(D) by redesignating clauses (i), (ii), and (iii) of para-
graph (1), as redesignated by subparagraph (C), as subpara-
graphs (A), (B), and (C), respectively.
(14) Section 2282 is amended by inserting ‘‘through 2008’’
after ‘‘March 1 of each year’’.
(15) Section 2323(i) is amended by striking paragraph (3).
(16) Section 2327(c)(1) is amended—
(A) in subparagraph (A), by striking ‘‘after the date
on which such head of an agency submits to Congress
a report on the contract’’ and inserting ‘‘if in the best
interests of the Government’’;
(B) in subparagraph (B), by striking ‘‘A report under
subparagraph (A)’’ and inserting ‘‘The Secretary shall main-
tain records of each contract entered into by reason of
subparagraph (A). Such records’’; and
(C) by striking subparagraph (C).
(17) Section 2350a is amended by striking subsection (f).
(18) Section 2350j(e)(2) is amended by inserting before the
period the following: ‘‘or, if earlier, the end of the 14-day period
beginning on the date on which a copy of that report is provided
in an electronic medium pursuant to section 480 of this title’’.
(19) Section 2371(h) is amended by adding at the end
the following new paragraph:
‘‘(3) No report is required under this subsection for a fiscal
year after fiscal year 2006.’’.
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PUBLIC LAW 108–136—NOV. 24, 2003
(20) Section 2374a(e) is amended by inserting ‘‘during
which one or more prizes are awarded under the program
under subsection (a)’’ in the first sentence after ‘‘each fiscal
year’’.
(21) Section 2410m(c) is amended—
(A) by striking ‘‘REPORTING REQUIREMENT.—Each year’’
and inserting ‘‘ANNUAL REPORT.—Not later than 60 days
after the end of each fiscal year’’;
(B) by inserting ‘‘at the end of such fiscal year’’ in
paragraph (1) before the period;
(C) by striking ‘‘during the year preceding the year
in which the report is submitted’’ in paragraph (2) and
inserting ‘‘under this section during that fiscal year’’;
(D) by striking ‘‘in such preceding year’’ in paragraph
(3) and inserting ‘‘under this section during that fiscal
year’’; and
(E) by striking ‘‘in such preceding year’’ in paragraph
(4) and inserting ‘‘under this section during that fiscal
year’’.
(22) Section 2457 is amended by striking subsection (d).
(23) Section 2515(d) is amended—
(A) by striking ‘‘ANNUAL’’ in the subsection heading
and inserting ‘‘BIENNIAL’’; and
(B) in paragraph (1)—
(i) in the first sentence, by striking ‘‘an annual
report’’ and inserting ‘‘a biennial report’’;
(ii) in the second sentence, by striking ‘‘each year’’
and inserting ‘‘each even-numbered year’’; and
(iii) in the third sentence, by striking ‘‘during the
fiscal year’’ and inserting ‘‘during the two fiscal years’’.
(24) Section 2521 is amended by striking subsection (e).
(25) Section 2541d is amended—
(A) by striking subsection (b); and
(B) in subsection (a), by striking ‘‘(a)’’ and all that
follows through ‘‘The Secretary of Defense’’ and inserting
‘‘The Secretary of Defense’’.
(26) Section 2645 is amended—
(A) in subsection (d)—
(i) by striking ‘‘to Congress’’ and all that follows
through ‘‘notification of the loss’’ in paragraph (1) and
inserting ‘‘to Congress notification of the loss’’;
(ii) by striking ‘‘loss; and’’ and inserting ‘‘loss.’’;
and
(iii) by striking paragraph (2); and
(B) by striking subsection (g).
(27) Section 2662 is amended—
(A) in subsection (a)—
(i) by redesignating paragraphs (1) through (6)
as subparagraphs (A) through (F), respectively, and
by designating the sentences following subparagraph
(F), as so redesignated, as paragraph (2);
(ii) in paragraph (2), as so designated, by striking
‘‘clause (1) or (2)’’ and inserting ‘‘subparagraph (A)
or (B) of paragraph (1)’’ and by striking ‘‘clause (5)’’
and inserting ‘‘subparagraph (E)’’;
(iii) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
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(iv) by striking ‘‘after the expiration of 30 days’’
and all that follows through ‘‘is submitted’’ and
inserting ‘‘the Secretary submits a report, subject to
paragraph (3),’’;
(v) by striking ‘‘$500,000’’ each place it appears
and inserting ‘‘$750,000’’; and
(vi) by adding at the end the following new para-
graphs:
‘‘(3) The authority of the Secretary of a military department
to enter into a transaction described in paragraph (1) commences
only after—
‘‘(A) the end of the 30-day period beginning on the first
day of the month with respect to which the report containing
the facts concerning such transaction, and all other such pro-
posed transactions for that month, is submitted under para-
graph (1); or
‘‘(B) the end of the 14-day period beginning on the first
day of that month when a copy of the report is provided in
an electronic medium pursuant to section 480 of this title
on or before the first day of that month.
‘‘(4) The report for a month under this subsection may not
be submitted later than the first day of that month.’’;
(B) in subsection (b), by striking ‘‘more than’’ and all
that follows through ‘‘$500,000’’ and inserting ‘‘more than
$250,000, but not more than $750,000’’; and
(C) in subsection (e)—
(i) by striking ‘‘$500,000’’ and inserting ‘‘$750,000’’;
and
(ii) by striking ‘‘the expiration’’ and all that follows
through the period at the end and inserting the fol-
lowing: ‘‘the end of the 30-day period beginning on
the date on which a report of the facts concerning
the proposed occupancy is submitted to the congres-
sional committees named in subsection (a) or, if earlier,
the end of the 14-day period beginning on the date
on which a copy of the report is provided in an elec-
tronic medium pursuant to section 480 of this title.’’.
(28) Section 2667a(c)(2) is amended—
(A) by striking ‘‘Not later than 45 days before’’ and
inserting ‘‘Before’’; and
(B) by adding at the end the following new sentence:
‘‘The Secretary may then enter into the lease only after
the end of the 30-day period beginning on the date on
which the report is submitted or, if earlier, the end of
the 14-day period beginning on the date on which a copy
of the report is provided in an electronic medium pursuant
to section 480 of this title.’’.
(29) Section 2672a is amended—
(A) in subsection (a)(1), by striking ‘‘he or his designee’’
and inserting ‘‘the Secretary’’;
(B) in subsection (b), by striking the last sentence;
and
(C) by adding at the end the following new subsection:
‘‘(c) Not later than 10 days after the date on which the Secretary
of a military department determines to acquire an interest in land
under the authority of this section, the Secretary shall submit
Deadline.
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to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives written
notice containing a description of the property and interest to
be acquired and the reasons for the acquisition.’’.
(30) Section 2676(d) is amended by inserting before the
period at the end of the last sentence the following: ‘‘or, if
over sooner, a period of 14 days elapses from the date on
which a copy of that notification is provided in an electronic
medium pursuant to section 480 of this title’’.
(31) Section 2680 is amended by striking subsection (e).
(32) Section 2688(e) is amended to read as follows:
‘‘(e) QUARTERLY REPORT.—Not later than 30 days after the
end of each quarter of a fiscal year, the Secretary shall submit
to the congressional defense committees a report on the conveyances
made under subsection (a) during such fiscal quarter. The report
shall include, for each such conveyance, an economic analysis (based
upon accepted life-cycle costing procedures approved by the Sec-
retary of Defense) demonstrating that—
‘‘(1) the long-term economic benefit of the conveyance to
the United States exceeds the long-term economic cost of the
conveyance to the United States; and
‘‘(2) the conveyance will reduce the long-term costs of the
United States for utility services provided by the utility system
concerned.’’.
(33) Section 2696 is amended—
(A) in subsection (b)—
(i) in paragraph (1), by inserting ‘‘and Congress’’
after ‘‘the Secretary concerned’’ the second place it
appears; and
(ii) in paragraph (2), by inserting ‘‘and Congress’’
after ‘‘the Secretary concerned’’ the first place it
appears;
(B) by striking subsection (c); and
(C) by striking subsection (d) and inserting the fol-
lowing new subsection (d):
‘‘(d) EFFECT OF SUBMISSION OF NOTICE.—If the Administrator
of General Services submits notice under subsection (b)(1) that
further Federal use of a parcel of real property is requested by
a Federal agency, the Secretary concerned may not proceed with
the conveyance of the real property as provided in the provision
of law authorizing or requiring the conveyance until the end of
the 180-day period beginning on the date on which the notice
is submitted to Congress.’’.
(34) Section 2803(b) is amended by inserting before the
period at the end of the last sentence the following: ‘‘or, if
earlier, the end of the seven-day period beginning on the date
on which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title’’.
(35) Section 2804(b) is amended by inserting before the
period at the end of the last sentence the following: ‘‘or, if
earlier, the end of the 14-day period beginning on the date
on which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title’’.
(36) Section 2805(b)(2) is amended by inserting before the
period at the end of the last sentence the following: ‘‘or, if
earlier, the end of the 14-day period beginning on the date
Deadline.
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on which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title’’.
(37) Section 2807 is amended—
(A) in subsection (b)—
(i) 
by 
striking 
‘‘$500,000’’ 
and 
inserting
‘‘$1,000,000’’;
(ii) by striking ‘‘not less than 21 days’’; and
(iii) by adding at the end the following new sen-
tence: ‘‘The Secretary may then obligate funds for such
services only after the end of the 21-day period begin-
ning on the date on which the notification is received
by the committees or, if earlier, the end of the 14-
day period beginning on the date on which a copy
of the report is provided in an electronic medium
pursuant to section 480 of this title.’’; and
(B) in subsection (c)(2), by inserting before the period
at the end the following: ‘‘or, if over sooner, a period of
14 days has elapsed from the date on which a copy of
the report is provided in an electronic medium pursuant
to section 480 of this title’’.
(38) Section 2809(f)(2) is amended—
(A) by striking ‘‘calendar’’; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘or, if over sooner, a period of 14 days has expired
following the date on which a copy of the justification
and economic analysis are provided in an electronic medium
pursuant to section 480 of this title’’.
(39) Section 2812(c)(1)(B) is amended by inserting before
the period at the end the following: ‘‘or, if over sooner, a
period of 14 days has expired following the date on which
a copy of the justification and economic analysis are provided
in an electronic medium pursuant to section 480 of this title’’.
(40) Section 2813(c) is amended—
(A) by striking ‘‘the end of the 30-day period beginning
on the date’’; and
(B) by adding at the end the following new sentence:
‘‘After the notification is transmitted, the Secretary may
then enter into the contract only after the end of the
30-day period beginning on the date on which the notifica-
tion is received by the committees or, if earlier, the end
of the 21-day period beginning on the date on which a
copy of the report is provided in an electronic medium
pursuant to section 480 of this title.’’.
(41) Section 2825 is amended—
(A) in subsection (b)(1)—
(i) by striking ‘‘(i)’’ in the last sentence; and
(ii) by striking ‘‘, and (ii)’’ and all that follows
and inserting a period and the following new sentence:
‘‘If the Secretary concerned makes a determination
under the preceding sentence with respect to an
improvement, the waiver under that sentence with
respect to that improvement may take effect only after
the Secretary transmits a notice of the proposed
waiver, together with an economic analysis dem-
onstrating that the improvement will be cost effective,
to the appropriate committees of Congress and a period
of 21 days has elapsed after the date on which the
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notification is received by those committees or, if over
sooner, a period of 14 days has elapsed after the date
on which a copy of the notice is provided in an elec-
tronic medium pursuant to section 480 of this title.’’;
and
(B) in subsection (c)(1)(D), by inserting before the
period at the end the following: ‘‘or, if over sooner, a period
of 14 days elapses after the date on which a copy of the
notice is provided in an electronic medium pursuant to
section 480 of this title’’.
(42) Section 2827(b)(2) is amended by inserting before the
period at the end the following: ‘‘or, if over sooner, a period
of 14 days has elapsed after the date on which a copy of
the notification is provided in an electronic medium pursuant
to section 480 of this title’’.
(43) Section 2836(f)(2) is amended—
(A) by striking ‘‘21 calendar days’’ and inserting ‘‘21
days’’; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘or, if over sooner, a period of 14 days has expired
following the date on which a copy of the economic analysis
is provided in an electronic medium pursuant to section
480 of this title’’.
(44) Section 2837(c)(2) is amended by inserting before the
period at the end of the last sentence the following: ‘‘or, if
earlier, the end of the 14-day period beginning on the date
on which a copy of the report is provided in an electronic
medium pursuant to section 480 of this title’’.
(45) Section 2854(b) is amended by inserting before the
period at the end of the last sentence the following: ‘‘or, if
earlier, the end of the seven-day period beginning on the date
on which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title’’.
(46) Section 2854a(c)(2) is amended—
(A) by striking ‘‘calendar’’; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘or, if over sooner, a period of 14 days has elapsed
after the date on which a copy of the justification is pro-
vided in an electronic medium pursuant to section 480
of this title’’.
(47) Section 2865(e)(2) is amended by inserting before the
period at the end of the last sentence the following: ‘‘or, if
earlier, the end of the 14-day period beginning on the date
on which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title’’.
(48) Section 2866(c)(2) is amended by inserting before the
period at the end of the last sentence the following: ‘‘or, if
earlier, the end of the 14-day period beginning on the date
on which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title’’.
(49) Section 2867(c) is amended by inserting before the
period at the end of the last sentence the following: ‘‘or, if
earlier, the end of the 14-day period beginning on the date
on which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title’’.
(50) Section 2875(e) is amended by inserting before the
period at the end the following: ‘‘or, if earlier, the end of
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117 STAT. 1603
PUBLIC LAW 108–136—NOV. 24, 2003
the 14-day period beginning on the date on which a copy
of the notice and justification is provided in an electronic
medium pursuant to section 480 of this title’’.
(51) Section 2883(f) is amended by inserting before the
period at the end the following: ‘‘or, if earlier, the end of
the 14-day period beginning on the date on which a copy
of the notice and justification is provided in an electronic
medium pursuant to section 480 of this title’’.
(52) Section 2902(g) is amended—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1)’’ after ‘‘(g)’’.
(53) Section 4342(h) is amended by striking ‘‘Secretary
of the Army’’ and inserting ‘‘Superintendent’’.
(54) Section 4357(c) is amended by inserting before the
period at the end the following: ‘‘or, if earlier, the expiration
of 14 days following the date on which a copy of the report
is provided in an electronic medium pursuant to section 480
of this title’’.
(55) Section 6954(f) is amended by striking ‘‘Secretary of
the Navy’’ and inserting ‘‘Superintendent of the Naval
Academy’’.
(56) Section 6975(c) is amended by inserting before the
period at the end the following: ‘‘or, if earlier, the expiration
of 14 days following the date on which a copy of the report
is provided in an electronic medium pursuant to section 480
of this title’’.
(57) Section 7049(c) is amended—
(A) by striking ‘‘CERTIFICATION’’ in the subsection
heading and inserting ‘‘DETERMINATION’’; and
(B) by striking ‘‘, and certifies to’’ and all that follows
through ‘‘House of Representatives,’’.
(58) Section 9342(h) is amended by striking ‘‘Secretary
of the Air Force’’ and inserting ‘‘Superintendent’’.
(59) Section 9356(c) is amended by inserting before the
period at the end the following: ‘‘or, if earlier, the expiration
of 14 days following the date on which a copy of the report
is provided in an electronic medium pursuant to section 480
of this title’’.
(60) Section 9514 is amended—
(A) in subsection (c)—
(i) by striking ‘‘to Congress’’ and all that follows
through ‘‘notification of the loss’’ in paragraph (1) and
inserting ‘‘to Congress notification of the loss’’;
(ii) by striking ‘‘loss; and’’ and inserting ‘‘loss.’’;
and
(iii) by striking paragraph (2); and
(B) by striking subsection (f).
(61) Section 12302 is amended by striking subsection (d).
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1991.—Section 2921(g) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2687 note)
is amended—
(1) in paragraph (1), by striking ‘‘Not less than 30 days
before’’ and inserting ‘‘Before’’;
(2) in paragraph (2), by striking ‘‘Not less than 30 days
before’’ and inserting ‘‘Before’’; and
(3) by adding at the end the following new paragraph:
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‘‘(3) When the Secretary submits a notification of a proposed
agreement under paragraph (1) or (2), the Secretary may then
enter into the agreement described in the notification only after
the end of the 30-day period beginning on the date on which
the notification is submitted or, if earlier, the end of the 14-day
period beginning on the date on which a copy of the notification
is provided in an electronic medium pursuant to section 480 of
title 10, United States Code.’’.
(c) 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) is amended as follows:
(1) Section 734 (10 U.S.C. 1074 note) is amended by striking
subsection (c).
(2) Section 2868(a) (10 U.S.C. 2802 note) is amended by
striking ‘‘The Secretary of Defense’’ and all that follows through
‘‘is to be authorized’’ and inserting ‘‘Not later than 30 days
after the date on which a decision is made selecting the site
or sites for the permanent basing of a new weapon system,
the Secretary of Defense shall submit to Congress’’.
(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1993.—The National Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484) is amended as follows:
(1) Section 324 (10 U.S.C. 2701 note) is amended—
(A) by striking ‘‘(a) SENSE OF CONGRESS.—’’; and
(B) by striking subsection (b).
(2) Section 1082(b)(1) (10 U.S.C. 113 note) is amended
by striking ‘‘the Secretary of Defense—’’ and all that follows
and inserting ‘‘the Secretary of Defense determines that it
is in the national security interests of the United States for
the military departments to do so.’’.
(e) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1995.—Section 721 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 1074 note) is
amended by striking subsection (h).
(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1997.—The National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201) is amended as follows:
(1) Section 324 (10 U.S.C. 2706 note) is amended by striking
subsection (c).
(2) Section 1065(b) (10 U.S.C. 113 note) is amended—
(A) by striking ‘‘(1)’’ before ‘‘Notwithstanding’’; and
(B) by striking paragraph (2).
(g) STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1999.—The Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261) is
amended as follows:
(1) Section 745(e) (10 U.S.C. 1071 note) is amended—
(A) by striking ‘‘(1)’’ before ‘‘The Secretary of Defense’’;
and
(B) by striking paragraph (2).
(2) Section 1223 (22 U.S.C. 1928 note) is repealed.
(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2000.—The National Defense Authorization Act for Fiscal Year
2000 (Public Law 106–65) is amended as follows:
(1) Section 212 (10 U.S.C. 2501 note) is amended by striking
subsection (c).
Deadline.
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(2) Section 724 (10 U.S.C. 1092 note) is amended by striking
subsection (e).
(3) Section 1039 (10 U.S.C. 113 note) is amended by striking
subsection (b).
(i) MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2001.—Sec-
tion 125 of the Military Construction Appropriations Act, 2001
(division A of Public Law 106–246; 114 Stat. 517), is repealed.
(j) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2002.—Sec-
tion 8009 of the Department of Defense Appropriations Act, 2002
(division A of Public Law 107–117; 115 Stat. 2249; 10 U.S.C. 401
note), is amended by striking ‘‘, and these obligations shall be
reported to the Congress’’.
SEC. 1032. PLAN FOR PROMPT GLOBAL STRIKE CAPABILITY.
(a) INTEGRATED PLAN
FOR PROMPT GLOBAL STRIKE CAPA-
BILITY.—The Secretary of Defense shall establish an integrated
plan for developing, deploying, and sustaining a prompt global
strike capability in the Armed Forces. The Secretary shall update
the plan annually.
(b) ANNUAL REPORTS.—(1) Not later than April 1 of each of
2004, 2005, and 2006, the Secretary shall submit to the congres-
sional defense committees a report on the plan established under
subsection (a).
(2) Each report under paragraph (1) shall include the following:
(A) A description and assessment of the targets against
which long-range strike assets might be directed and the condi-
tions under which those assets might be used.
(B) The role of, and plans for ensuring, sustainment and
modernization of current long-range strike assets, including
bombers, intercontinental ballistic missiles, and submarine-
launched ballistic missiles.
(C) A description of the capabilities desired for advanced
long-range strike assets and plans to achieve those capabilities.
(D) A description of the capabilities desired for advanced
conventional munitions and the plans to achieve those capabili-
ties.
(E) An assessment of advanced nuclear concepts that could
contribute to the prompt global strike mission.
(F) An assessment of the command, control, and commu-
nications capabilities necessary to support prompt global strike
capabilities.
(G) An assessment of intelligence, surveillance, and recon-
naissance capabilities necessary to support prompt global strike
capabilities.
(H) A description of how prompt global strike capabilities
are to be integrated with theater strike capabilities.
(I) An estimated schedule for achieving the desired prompt
global strike capabilities.
(J) The estimated cost of achieving the desired prompt
global strike capabilities.
(K) A description of ongoing and future studies necessary
for updating the plan appropriately.
SEC. 1033. ANNUAL REPORT CONCERNING DISMANTLING OF STRA-
TEGIC NUCLEAR WARHEADS.
(a) ANNUAL REPORT.—Concurrent with the submission of the
President’s budget request to Congress each year, the Director
of Central Intelligence shall submit to the committees specified
22 USC 5959
note.
Establishment.
10 USC 113 note.
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in subsection (e) a report concerning dismantlement of Russian
strategic nuclear warheads under the Moscow Treaty. Each such
report shall discuss nuclear weapons dismantled by Russia during
the prior fiscal year and the Director’s projections for nuclear
weapons to be dismantled by Russia during the current fiscal year
and the fiscal year covered by the budget.
(b) CLASSIFICATION.—The annual report under this section shall
be transmitted in an unclassified form when possible and classified
form as necessary.
(c) TERMINATION OF REPORT REQUIREMENT.—The requirement
to submit an annual report under this section terminates when
the Moscow Treaty is no longer in effect.
(d) MOSCOW TREATY DEFINED.—For purposes of this section,
the term ‘‘Moscow Treaty’’ means the Treaty Between the United
States of America and the Russian Federation on Strategic Offen-
sive Reductions, done at Moscow on May 24, 2002.
(e) COMMITTEES SPECIFIED.—The committees to which annual
reports are to be submitted under this section are the following:
(1) The Committee on Armed Services, the Select Com-
mittee on Intelligence, and the Committee on Foreign Relations
of the Senate.
(2) The Committee on Armed Services, the Permanent
Select Committee on Intelligence, and the Committee on Inter-
national Relations of the House of Representatives.
SEC. 1034. REPORT ON USE OF UNMANNED AERIAL VEHICLES FOR
SUPPORT OF HOMELAND SECURITY MISSIONS.
(a) REQUIREMENT FOR REPORT.—Not later than April 1, 2004,
the President shall submit to Congress a report on the potential
uses of unmanned aerial vehicles for support of the performance
of homeland security missions.
(b) CONTENT.—The report shall, at a minimum, include the
following matters:
(1) An assessment of the potential for using unmanned
aerial vehicles for monitoring activities in remote areas along
the northern and southern borders of the United States.
(2) An assessment of the potential for using long-endurance,
land-based unmanned aerial vehicles for supporting the Coast
Guard in the performance of its—
(A) homeland security missions;
(B) drug interdiction missions; and
(C) other maritime missions along the approximately
95,000 miles of inland waterways in the United States.
(3) An assessment of the potential for using unmanned
aerial vehicles for monitoring the safety and integrity of critical
infrastructure within the territory of the United States,
including the following:
(A) Oil and gas pipelines.
(B) Long-distance power transmission lines.
(C) Hydroelectric and nuclear power plants.
(D) Dams and drinking water utilities.
(4) An assessment of the potential for using unmanned
aerial vehicles for monitoring the transportation of hazardous
cargo.
(5) A discussion of the safety issues involved in—
(A) the use of unmanned aerial vehicles by agencies
other than the Department of Defense; and
Deadline.
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(B) the operation of unmanned aerial vehicles over
populated areas of the United States.
(6) A discussion of—
(A) the effects on privacy and civil liberties that could
result from the monitoring uses of unmanned aerial
vehicles operated over the territory of the United States;
and
(B) any restrictions on the domestic use of unmanned
aerial vehicles that should be imposed, or any other actions
that should be taken, to prevent any adverse effect of
such a use of unmanned aerial vehicles on privacy or
civil liberties.
(7) A discussion of what, if any, legislation and organiza-
tional changes may be necessary to accommodate the use of
unmanned aerial vehicles of the Department of Defense in
support of the performance of homeland security missions,
including any amendment of section 1385 of title 18, United
States Code (popularly referred to as the ‘‘Posse Comitatus
Act’’).
(8) An evaluation of the capabilities of manufacturers of
unmanned aerial vehicles to produce such vehicles at higher
rates if necessary to meet any increased requirements for home-
land security and homeland defense missions.
(c) REFERRAL TO COMMITTEES.—The report under subsection
(a) shall—
(1) upon receipt in the Senate, be referred to the Committee
on Armed Services of the Senate and other committees, as
appropriate; and
(2) upon receipt in the House of Representatives, be
referred to the Committee on Armed Services of the House
of Representatives and other committees, as appropriate.
Subtitle E—Codifications, Definitions, and Technical
Amendments
SEC. 1041. CODIFICATION AND REVISION OF DEFENSE COUNTERINTEL-
LIGENCE POLYGRAPH PROGRAM AUTHORITY.
(a) CODIFICATION.—(1) Chapter 80 of title 10, United States
Code, is amended by inserting after section 1564 the following
new section:
‘‘§ 1564a. Counterintelligence polygraph program
‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of Defense may
carry out a program for the administration of counterintelligence
polygraph examinations to persons described in subsection (b). The
program shall be based on Department of Defense Directive 5210.48,
dated December 24, 1984.
‘‘(b) PERSONS COVERED.—Except as provided in subsection (c),
the following persons whose duties involve access to information
that has been classified at the level of top secret or designated
as being within a special access program under section 4.4(a) of
Executive Order 12958 (or a successor Executive order) are subject
to this section:
‘‘(1) Military and civilian personnel of the Department of
Defense.
‘‘(2) Personnel of defense contractors.
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‘‘(3) A person assigned or detailed to the Department of
Defense.
‘‘(4) An applicant for a position in the Department of
Defense.
‘‘(c) EXCEPTIONS FROM COVERAGE FOR CERTAIN INTELLIGENCE
AGENCIES
AND FUNCTIONS.—This section does not apply to the
following persons:
‘‘(1) A person assigned or detailed to the Central Intel-
ligence Agency or to an expert or consultant under a contract
with the Central Intelligence Agency.
‘‘(2) A person who is—
‘‘(A) employed by or assigned or detailed to the
National Security Agency;
‘‘(B) an expert or consultant under contract to the
National Security Agency;
‘‘(C) an employee of a contractor of the National Secu-
rity Agency; or
‘‘(D) a person applying for a position in the National
Security Agency.
‘‘(3) A person assigned to a space where sensitive cryp-
tographic information is produced, processed, or stored.
‘‘(4) A person employed by, or assigned or detailed to,
an office within the Department of Defense for the collection
of specialized national foreign intelligence through reconnais-
sance programs or a contractor of such an office.
‘‘(d) OVERSIGHT.—(1) The Secretary shall establish a process
to monitor responsible and effective application of polygraph
examinations within the Department of Defense.
‘‘(2) The Secretary shall make information on the use of poly-
graphs within the Department of Defense available to the congres-
sional defense committees.
‘‘(e) POLYGRAPH RESEARCH PROGRAM.—The Secretary shall
carry out a continuing research program to support the polygraph
examination activities of the Department of Defense. The program
shall include—
‘‘(1) an on-going evaluation of the validity of polygraph
techniques used by the Department;
‘‘(2) research on polygraph countermeasures and anti-
countermeasures; and
‘‘(3) developmental research on polygraph techniques,
instrumentation, and analytic methods.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1564
the following new item:
‘‘1564a. Counterintelligence polygraph program.’’.
(b) CONFORMING REPEAL.—Section 1121 of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (10 U.S.C. 113
note), is repealed.
SEC. 1042. GENERAL DEFINITIONS APPLICABLE TO FACILITIES AND
OPERATIONS OF DEPARTMENT OF DEFENSE.
(a) GENERAL DEFINITIONS APPLICABLE TO FACILITIES AND OPER-
ATIONS.—Section 101 of title 10, United States Code, is amended—
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
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(2) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) FACILITIES
AND OPERATIONS.—The following definitions
relating to facilities and operations apply in this title:
‘‘(1) RANGE.—The term ‘range’, when used in a geographic
sense, means a designated land or water area that is set
aside, managed, and used for range activities of the Department
of Defense. Such term includes the following:
‘‘(A) Firing lines and positions, maneuver areas, firing
lanes, test pads, detonation pads, impact areas, electronic
scoring sites, buffer zones with restricted access, and exclu-
sionary areas.
‘‘(B) Airspace areas designated for military use in
accordance with regulations and procedures prescribed by
the Administrator of the Federal Aviation Administration.
‘‘(2) 
RANGE
ACTIVITIES.—The 
term 
‘range 
activities’
means—
‘‘(A) research, development, testing, and evaluation of
military munitions, other ordnance, and weapons systems;
and
‘‘(B) the training of members of the armed forces in
the use and handling of military munitions, other ordnance,
and weapons systems.
‘‘(3) OPERATIONAL
RANGE.—The term ‘operational range’
means a range that is under the jurisdiction, custody, or control
of the Secretary of Defense and—
‘‘(A) that is used for range activities, or
‘‘(B) although not currently being used for range activi-
ties, that is still considered by the Secretary to be a range
and has not been put to a new use that is incompatible
with range activities.
‘‘(4) MILITARY MUNITIONS.—(A) The term ‘military muni-
tions’ means all ammunition products and components produced
for or used by the armed forces for national defense and secu-
rity, including ammunition products or components under the
control of the Department of Defense, the Coast Guard, the
Department of Energy, and the National Guard.
‘‘(B) Such term includes the following:
‘‘(i) Confined gaseous, liquid, and solid propellants.
‘‘(ii) Explosives, pyrotechnics, chemical and riot control
agents, smokes, and incendiaries, including bulk explosives,
and chemical warfare agents.
‘‘(iii) Chemical munitions, rockets, guided and ballistic
missiles, bombs, warheads, mortar rounds, artillery
ammunition, small arms ammunition, grenades, mines, tor-
pedoes, depth charges, cluster munitions and dispensers,
and demolition charges.
‘‘(iv) Devices and components of any item specified
in clauses (i) through (iii).
‘‘(C) Such term does not include the following:
‘‘(i) Wholly inert items.
‘‘(ii) Improvised explosive devices.
‘‘(iii) Nuclear weapons, nuclear devices, and nuclear
components, other than nonnuclear components of nuclear
devices that are managed under the nuclear weapons pro-
gram of the Department of Energy after all required
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sanitization operations under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.) have been completed.
‘‘(5) UNEXPLODED ORDNANCE.—The term ‘unexploded ord-
nance’ means military munitions that—
‘‘(A) have been primed, fused, armed, or otherwise
prepared for action;
‘‘(B) have been fired, dropped, launched, projected, or
placed in such a manner as to constitute a hazard to
operations, installations, personnel, or material; and
‘‘(C) remain unexploded, whether by malfunction,
design, or any other cause.’’.
(b) REFERENCES TO MILITARY MUNITIONS, ETC.—Section 2710(e)
of such title is amended—
(1) by striking paragraphs (3), (5), and (9); and
(2) by redesignating paragraphs (4), (6), (7), (8), and (10)
as paragraphs (3), (4), (5), (6), and (7), respectively.
SEC. 1043. ADDITIONAL DEFINITIONS FOR PURPOSES OF TITLE 10,
UNITED STATES CODE.
(a) GENERAL DEFINITIONS.—Section 101(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraphs:
‘‘(16) The term ‘congressional defense committees’ means—
‘‘(A) the Committee on Armed Services and the Com-
mittee on Appropriations of the Senate; and
‘‘(B) the Committee on Armed Services and the Com-
mittee on Appropriations of the House of Representatives.
‘‘(17) The term ‘base closure law’ means the following:
‘‘(A) Section 2687 of this title.
‘‘(B) The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note).
‘‘(C) Title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100–
526; 10 U.S.C. 2687 note).’’.
(b) REFERENCES TO CONGRESSIONAL DEFENSE COMMITTEES.—
Title 10, United States Code, is further amended as follows:
(1) Section 135(e) is amended—
(A) by striking ‘‘(1)’’;
(B) by striking ‘‘each congressional committee specified
in paragraph (2)’’ and inserting ‘‘each of the congressional
defense committees’’; and
(C) by striking paragraph (2).
(2) Section 153(c) is amended—
(A) in paragraph (1), by striking ‘‘committees of Con-
gress named in paragraph (2)’’ and inserting ‘‘congressional
defense committees’’;
(B) by striking paragraph (2); and
(C) by designating the second sentence of paragraph
(1) as paragraph (2) and in that paragraph (as so des-
ignated) by striking ‘‘The report’’ and inserting ‘‘Each report
under paragraph (1)’’.
(3) Section 181(d)(2) is amended—
(A) by striking ‘‘subsection:’’ and all that follows
through ‘‘ ‘oversight’’ and inserting ‘‘subsection, the term
‘oversight’’; and
(B) by striking subparagraph (B).
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(4) Section 224 is amended by striking subsection (f).
(5) Section 228(e) is amended—
(A) by striking ‘‘DEFINITIONS’’ and all that follows
through ‘‘(1) The term’’ and inserting ‘‘O&M BUDGET
ACTIVITY DEFINED.—In this section, the term’’; and
(B) by striking paragraph (2).
(6) Section 229 is amended by striking subsection (f).
(7) Section 1107(f)(4) is amended by striking subparagraph
(C).
(8) Section 2216(j) is amended by striking paragraph (3).
(9) Section 2218(l) is amended—
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
(10) Section 2306b(l) is amended—
(A) by striking paragraph (9); and
(B) by redesignating paragraph (10) as paragraph (9).
(11) Section 2308(e)(2) is amended—
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(12) Section 2350j is amended—
(A) in subsection (e), by striking ‘‘congressional commit-
tees specified in subsection (g)’’ in paragraphs (1) and (3)
and inserting ‘‘congressional defense committees’’; and
(B) by striking subsection (g).
(13) Section 2366(e) is amended—
(A) by striking paragraph (7); and
(B) by redesignating paragraphs (8) and (9) as para-
graphs (7) and (8), respectively.
(14) Section 2399(h) is amended—
(A) by striking ‘‘DEFINITIONS.—’’ and all that follows
through ‘‘(1) The term’’ and inserting ‘‘OPERATIONAL TEST
AND EVALUATION DEFINED.—In this section, the term’’;
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A), (B), and (C)
as paragraphs (1), (2), and (3), respectively; and
(D) by realigning those paragraphs (as so redesignated)
so as to be indented two ems from the left margin.
(15) Section 2667(h) is amended by striking paragraph
(1).
(16) Section 2801(c)(4) is amended by striking ‘‘the Com-
mittee on’’ the first place it appears and all that follows through
‘‘House of Representatives’’ and inserting ‘‘the congressional
defense committees’’.
(c) REFERENCES
TO BASE CLOSURE LAWS.—Title 10, United
States Code, is further amended as follows:
(1) Section 2306c(h) is amended by striking ‘‘ADDITIONAL’’
and all that follows through ‘‘(2) The term’’ and inserting ‘‘MILI-
TARY INSTALLATION DEFINED.—In this section, the term’’.
(2) Section 2490a(f) is amended—
(A) by striking ‘‘DEFINITIONS.—’’ and all that follows
through ‘‘(1) The term’’ and inserting ‘‘NONAPPROPRIATED
FUND INSTRUMENTALITY DEFINED.—In this section, the
term’’; and
(B) by striking paragraph (2).
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(3) Section 2667(h), as amended by subsection (b)(15), is
further amended by striking ‘‘section:’’ and all that follows
through ‘‘(3) The term’’ and inserting ‘‘section, the term’’.
(4) Section 2696(e) is amended—
(A) by striking paragraphs (1), (2), (3), and (4) and
inserting the following:
‘‘(1) A base closure law.’’; and
(B) by redesignating paragraphs (5) and (6) as para-
graphs (2) and (3), respectively.
(5) Section 2705 is amended by striking subsection (h).
(6) Section 2871 is amended by striking paragraph (2).
SEC. 
1044. 
INCLUSION 
OF 
ANNUAL 
MILITARY 
CONSTRUCTION
AUTHORIZATION 
REQUEST 
IN 
ANNUAL 
DEFENSE
AUTHORIZATION REQUEST.
(a) INCLUSION OF MILITARY CONSTRUCTION REQUEST.—Section
113a(b) of title 10, United States Code, is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3) Authority to carry out military construction projects,
as required by section 2802 of this title.’’.
(b) REPEAL OF SEPARATE TRANSMISSION OF REQUEST.—(1) Sec-
tion 2859 of such title is repealed.
(2) The table of sections at the beginning of subchapter III
of chapter 169 of such title is amended by striking the item relating
to section 2859.
SEC. 1045. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) The tables of chapters at the beginning of subtitle
A, and at the beginning of part IV of subtitle A, are amended
by striking ‘‘2701’’ in the item relating to chapter 160 and
inserting ‘‘2700’’.
(2) Section 101(a)(9)(D) is amended by striking ‘‘Transpor-
tation’’ and inserting ‘‘Homeland Security’’.
(3) Section 1115(c)(1)(B) is amended by striking ‘‘and other
than members’’ and inserting ‘‘(other than members’’.
(4) Section 2002(a)(2) is amended by striking ‘‘Foreign
Service Institute’’ and inserting ‘‘George P. Schultz National
Foreign Affairs Training Center’’.
(5)(A) Section 2248 is repealed.
(B) The table of sections at the beginning of subchapter
I of chapter 134 is amended by striking the item relating
to section 2248.
(6) Section 2432(h)(1) is amended by inserting ‘‘program’’
in the first sentence after ‘‘for such’’.
(7) Section 7305(d) is amended by inserting ‘‘such’’ before
‘‘title III’’ the second place it appears.
(b) TITLE 37, UNITED STATES CODE.—Title 37, United States
Code, is amended as follows:
(1) Section 323(a) is amended by striking ‘‘1 year’’ in para-
graphs (1) and (2) and inserting ‘‘one year’’.
(2) Section 402 is amended—
(A) in subsection (b)—
(i) by striking paragraph (1);
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(ii) by redesignating paragraphs (2), (3), and (4)
as paragraphs (1), (2), and (3), respectively;
(iii) in paragraph (1) (as so redesignated), by
striking ‘‘On and after January 1, 2002, the’’ and
inserting ‘‘The’’; and
(iv) in paragraph (3) (as so redesignated), by
striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (1)’’;
and
(B) in subsection (d), by striking ‘‘subsection (b)(2)’’
and inserting ‘‘subsection (b)(1)’’.
(c) FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2001.—The Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398) is amended as follows:
(1) Section 814(g)(1) is amended by striking ‘‘the Clinger-
Cohen Act of 1996 (divisions D and E of Public Law 104–
106)’’ and inserting ‘‘subtitle III of title 40, United States Code’’.
(2) Section 1308(c) (22 U.S.C. 5959) is amended—
(A) by redesignating paragraph (7) as paragraph (8);
and
(B) by redesignating the second paragraph (6) as para-
graph (7).
(d) STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1999.—Section 819(a) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 112 Stat. 2089) is amended by striking ‘‘section
201(c) of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 481(c)),’’ and inserting ‘‘section 503 of title
40, United States Code,’’.
(e) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1997.—Section 1084(e) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2675) is
amended by striking ‘‘98–515’’ and inserting ‘‘98–525’’. The amend-
ment made by the preceding sentence shall take effect as if included
in Public Law 104–201.
(f) FEDERAL ACQUISITION STREAMLINING ACT OF 1994.—Sub-
section (d) of section 1004 of the Federal Acquisition Streamlining
Act of 1994 (Public Law 103–355; 108 Stat. 3253) is amended
by striking ‘‘under—’’ and all that follows through the end of para-
graph (2) and inserting ‘‘under chapter 11 of title 40, United States
Code.’’.
(g) ARMED FORCES RETIREMENT HOME ACT OF 1991.—Section
1520(b)(1)(C) of the Armed Forces Retirement Home Act of 1991
(24 U.S.C. 420(b)(1)(C)) is amended by inserting ‘‘Armed Forces’’
before ‘‘Retirement Home Trust Fund’’.
Subtitle F—Other Matters
SEC. 1051. ASSESSMENT OF EFFECTS OF SPECIFIED STATUTORY
LIMITATIONS ON THE GRANTING OF SECURITY CLEAR-
ANCES.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives an assessment of the
effects of the provisions of section 986 of title 10, United States
Deadline.
10 USC 2304a
note.
22 USC 1928.
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Code (relating to limitations on security clearances), on the granting
(or renewal) of security clearances for Department of Defense per-
sonnel and defense contractor personnel. The assessment shall
review the effects of the disqualification factors specified in sub-
section (c) of that section and shall include such recommendations
for legislation or administrative steps as the Secretary considers
necessary.
SEC. 1052. ACQUISITION OF HISTORICAL ARTIFACTS THROUGH
EXCHANGE OF OBSOLETE OR SURPLUS PROPERTY.
(a) ACQUISITION AUTHORIZED.—The Secretary of a military
department may use the authority provided by section 2572 of
title 10, United States Code, to acquire an historical artifact that
directly benefits the historical collection of the Armed Forces in
exchange for any obsolete or surplus property held by that military
department, without regard to whether the property is described
in subsection (c) of such section.
(b) DURATION OF AUTHORITY.—The authority provided by sub-
section (a) applies during fiscal years 2004 and 2005.
SEC. 1053. CONVEYANCE OF SURPLUS T–37 AIRCRAFT TO AIR FORCE
AVIATION HERITAGE FOUNDATION, INCORPORATED.
(a) AUTHORITY TO CONVEY.—The Secretary of the Air Force
may convey to the Air Force Aviation Heritage Foundation, Incor-
porated, of Georgia (in this section referred to as the ‘‘Foundation’’),
all right, title, and interest of the United States in and to one
surplus T–37 ‘‘Tweet’’ aircraft for the sole purpose of permitting
the Foundation to use the aircraft in a static display. The convey-
ance shall be made by means of a conditional deed of gift.
(b) CONDITION OF AIRCRAFT.—(1) The Secretary may not convey
the aircraft under subsection (a) until the aircraft has been demili-
tarized in such manner as the Secretary determines necessary
to ensure that the aircraft is permanently unfit for flight and
does not have any capability for use as a platform for launching
or releasing munitions or any other combat capability that it was
designed to have.
(2) The Foundation shall be responsible for the costs of demili-
tarizing the aircraft, as required by paragraph (1). Demilitarization
shall be carried out in a manner intended to preserve the historical
and display value of the aircraft.
(c) CONDITIONS FOR CONVEYANCE.—(1) The conveyance of a
T–37 aircraft under this section shall be subject to the following
conditions:
(A) That the Foundation not convey any right, title, or
interest in, or transfer possession of, the aircraft to any other
party without the prior approval of the Secretary of the Air
Force.
(B) That the Foundation not alter the aircraft to restore
it to flyable condition.
(C) That if the Secretary of the Air Force determines at
any time that the Foundation has conveyed an ownership
interest in, or transferred possession of, the aircraft to any
other party without the prior approval of the Secretary, or
has failed to comply with the condition set forth in subpara-
graph (B), all right, title, and interest in and to the aircraft,
including any repair or alteration of the aircraft, shall revert
to the United States, and the United States shall have the
right of immediate possession of the aircraft.
Applicability.
10 USC 2572
note.
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(2) The Secretary shall include the conditions under paragraph
(1) in the instrument of conveyance of the T–37 aircraft.
(d) CONVEYANCE AT NO COST TO THE UNITED STATES.—Any
conveyance of a T–37 aircraft under this section shall be made
at no cost to the United States. Any costs associated with such
conveyance, costs of determining compliance by the Foundation
with the conditions in subsection (b), and costs of restoration and
maintenance of the aircraft conveyed shall be borne by the Founda-
tion.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United States.
(f) DURATION OF CONVEYANCE AUTHORITY.—The authority to
make the conveyance to the Foundation authorized by this section
expires on September 30, 2005.
SEC. 1054. DEPARTMENT OF DEFENSE BIENNIAL STRATEGIC PLAN FOR
MANAGEMENT OF ELECTROMAGNETIC SPECTRUM.
(a) REQUIREMENT FOR PLAN.—Chapter 23 of title 10, United
States Code, is amended by inserting after section 487 the following
new section:
‘‘§ 488. Management of electromagnetic spectrum: biennial
strategic plan
‘‘(a) REQUIREMENT FOR STRATEGIC PLAN.—Every other year,
and in time for submission to Congress under subsection (b), the
Secretary of Defense shall prepare a strategic plan for the manage-
ment of the electromagnetic spectrum to ensure the accessibility
and efficient use of that spectrum needed to support the mission
of the Department of Defense.
‘‘(b) 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 487 the following new item:
‘‘488. Management of electromagnetic spectrum: biennial strategic plan.’’.
SEC. 1055. REVISION OF DEPARTMENT OF DEFENSE DIRECTIVE
RELATING TO MANAGEMENT AND USE OF RADIO FRE-
QUENCY SPECTRUM.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall revise and reissue Depart-
ment of Defense Directive 4650.1, relating to management and
use of the radio frequency spectrum, last issued on June 24, 1987,
to update the procedures applicable to Department of Defense
management and use of the radio frequency spectrum and to ensure
the consideration of requirements for usage of such spectrum by
a system as early as practicable in the acquisition program for
such system.
Deadline.
Expiration date.
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SEC. 1056. SENSE OF CONGRESS ON DEPLOYMENT OF AIRBORNE
CHEMICAL AGENT MONITORING SYSTEMS AT CHEMICAL
STOCKPILE DISPOSAL SITES IN THE UNITED STATES.
(a) FINDINGS.—The Congress makes the following findings:
(1) Over 23,700 tons of lethal chemical agents in assembled
chemical weapons and bulk storage containers are stored and
awaiting destruction at eight chemical agent disposal facilities
and stockpile storage sites in the United States. Some of these
weapons and storage containers contain GB or VX nerve agents,
while others contain blister agents such as HD (mustard agent).
(2) Approximately 960,000 persons live in the vicinity of
the eight chemical weapons disposal facilities and stockpile
storage sites.
(3) Airborne-agent chemical monitoring systems are cur-
rently deployed at each of the chemical demilitarization facili-
ties and stockpile storage sites to provide continuous and near-
real-time monitoring of the presence of chemical agents.
(4) The National Research Council has determined that
monitoring levels used at the demilitarization facilities are
very conservative and highly protective of workers and public
health and safety and that the conservative monitoring levels
are a contributing factor in false positive alarms.
(5) The National Research Council has expressed repeated
concern about relatively frequent false positive alarms and
the lack of real-time monitoring for airborne agents and has
noted the poor state of agent monitoring technology for liquid
waste streams and solid materials suspected of possible agent
contamination.
(6) The National Research Council has concluded that,
although the Program Manager for Chemical Demilitarization
has made some efforts to develop better agent-monitoring tech-
nology, results to date have been disappointing.
(7) The National Research Council has concluded that
development and deployment of airborne-agent monitors with
shorter response time and lower false alarm rates would
enhance safety and reduce the tendency to discount agent
alarms, and has recommended that the Program Manager for
Chemical Demilitarization and the relevant Department of
Defense research and development agencies should invigorate
and coordinate efforts to develop chemical agent monitors with
improved sensitivity, specificity, and response time.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of the Army—
(1) should, in coordination with relevant Department of
Defense research and development agencies, invigorate and
coordinate efforts to develop chemical agent monitors with
improved sensitivity, specificity, and response time; and
(2) should deploy improved chemical agent monitors in
order to ensure the maximum protection of the general public,
personnel involved in the chemical demilitarization program,
and the environment.
SEC. 1057. EXPANSION OF PRE-SEPTEMBER 11, 2001, FIRE GRANT PRO-
GRAM OF UNITED STATES FIRE ADMINISTRATION.
The Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.) is amended by redesignating the second section 33
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and section 34 as sections 35 and 36, respectively, and by inserting
after the first section 33 the following new section:
‘‘SEC. 34. EXPANSION OF PRE-SEPTEMBER 11, 2001, FIRE GRANT PRO-
GRAM.
‘‘(a) EXPANDED AUTHORITY TO MAKE GRANTS.—
‘‘(1) HIRING GRANTS.—(A) The Administrator shall make
grants directly to career, volunteer, and combination fire
departments, in consultation with the chief executive of the
State in which the applicant is located, for the purpose of
increasing the number of firefighters to help communities meet
industry minimum standards and attain 24-hour staffing to
provide adequate protection from fire and fire-related hazards,
and to fulfill traditional missions of fire departments that ante-
date the creation of the Department of Homeland Security.
‘‘(B)(i) Grants made under this paragraph shall be for 4
years and be used for programs to hire new, additional fire-
fighters.
‘‘(ii) Grantees are required to commit to retaining for at
least 1 year beyond the termination of their grants those fire-
fighters hired under this paragraph.
‘‘(C) In awarding grants under this subsection, the Adminis-
trator may give preferential consideration to applications that
involve a non-Federal contribution exceeding the minimums
under subparagraph (E).
‘‘(D) The Administrator may provide technical assistance
to States, units of local government, Indian tribal governments,
and to other public entities, in furtherance of the purposes
of this section.
‘‘(E) The portion of the costs of hiring firefighters provided
by a grant under this paragraph may not exceed—
‘‘(i) 90 percent in the first year of the grant;
‘‘(ii) 80 percent in the second year of the grant;
‘‘(iii) 50 percent in the third year of the grant; and
‘‘(iv) 30 percent in the fourth year of the grant.
‘‘(F) Notwithstanding any other provision of law, any fire-
fighter hired with funds provided under this subsection shall
not be discriminated against for, or be prohibited from,
engaging in volunteer activities in another jurisdiction during
off-duty hours.
‘‘(G) All grants made pursuant to this subsection shall
be awarded on a competitive basis through a neutral peer
review process.
‘‘(H) At the beginning of the fiscal year, the Administrator
shall set aside 10 percent of the funds appropriated for carrying
out this paragraph for departments with majority volunteer
or all volunteer personnel. After awards have been made, if
less than 10 percent of the funds appropriated for carrying
out this paragraph are not awarded to departments with
majority volunteer or all volunteer personnel, the Administrator
shall transfer from funds appropriated for carrying out this
paragraph to funds available for carrying out paragraph (2)
an amount equal to the difference between the amount that
is provided to such fire departments and 10 percent.
‘‘(2) RECRUITMENT
AND
RETENTION
GRANTS.—In addition
to any amounts transferred under paragraph (1)(H), the
Administrator shall direct at least 10 percent of the total
15 USC 2229a.
15 USC 2230,
2231.
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amount of funds appropriated pursuant to this section annually
to a competitive grant program for the recruitment and reten-
tion of volunteer firefighters who are involved with or trained
in the operations of firefighting and emergency response.
Eligible entities shall include volunteer or combination fire
departments, and organizations on a local or statewide basis
that represent the interests of volunteer firefighters.
‘‘(b) APPLICATIONS.—(1) No grant may be made under this sec-
tion unless an application has been submitted to, and approved
by, the Administrator.
‘‘(2) An application for a grant under this section shall be
submitted in such form, and contain such information, as the
Administrator may prescribe.
‘‘(3) At a minimum, each application for a grant under this
section shall—
‘‘(A) explain the applicant’s inability to address the need
without Federal assistance;
‘‘(B) in the case of a grant under subsection (a)(1), explain
how the applicant plans to meet the requirements of subsection
(a)(1)(B)(ii) and (F);
‘‘(C) specify long-term plans for retaining firefighters fol-
lowing the conclusion of Federal support provided under this
section; and
‘‘(D) provide assurances that the applicant will, to the
extent practicable, seek, recruit, and hire members of racial
and ethnic minority groups and women in order to increase
their ranks within firefighting.
‘‘(c) LIMITATION ON USE OF FUNDS.—(1) Funds made available
under this section to fire departments for salaries and benefits
to hire new, additional firefighters shall not be used to supplant
State or local funds, or, in the case of Indian tribal governments,
funds supplied by the Bureau of Indian Affairs, but shall be used
to increase the amount of funds that would, in the absence of
Federal funds received under this section, be made available from
State or local sources, or in the case of Indian tribal governments,
from funds supplied by the Bureau of Indian Affairs.
‘‘(2) No grant shall be awarded pursuant to this section to
a municipality or other recipient whose annual budget at the time
of the application for fire-related programs and emergency response
has been reduced below 80 percent of the average funding level
in the 3 years prior to the date of enactment of this section.
‘‘(3) Funds appropriated by the Congress for the activities of
any agency of an Indian tribal government or the Bureau of Indian
Affairs performing firefighting functions on any Indian lands may
be used to provide the non-Federal share of the cost of programs
or projects funded under this section.
‘‘(4)(A) Total funding provided under this section over 4 years
for hiring a firefighter may not exceed $100,000.
‘‘(B) The $100,000 cap shall be adjusted annually for inflation
beginning in fiscal year 2005.
‘‘(d) PERFORMANCE
EVALUATION.—The Administrator may
require a grant recipient to submit any information the Adminis-
trator considers reasonably necessary to evaluate the program.
‘‘(e) SUNSET AND REPORTS.—The authority under this section
to make grants shall lapse at the conclusion of 10 years from
the date of enactment of this section. Not later than 6 years after
the date of the enactment of this section, the Administrator shall
Deadline.
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submit a report to Congress concerning the experience with, and
effectiveness of, such grants in meeting the objectives of this section.
The report may include any recommendations the Administrator
may have for amendments to this section and related provisions
of law.
‘‘(f) REVOCATION OR SUSPENSION OF FUNDING.—If the Adminis-
trator determines that a grant recipient under this section is not
in substantial compliance with the terms and requirements of an
approved grant application submitted under this section, the
Administrator may revoke or suspend funding of that grant, in
whole or in part.
‘‘(g) ACCESS TO DOCUMENTS.—(1) The Administrator shall have
access for the purpose of audit and examination to any pertinent
books, documents, papers, or records of a grant recipient under
this section and to the pertinent books, documents, papers, or
records of State and local governments, persons, businesses, and
other entities that are involved in programs, projects, or activities
for which assistance is provided under this section.
‘‘(2) Paragraph (1) shall apply with respect to audits and
examinations conducted by the Comptroller General of the United
States or by an authorized representative of the Comptroller Gen-
eral.
‘‘(h) DEFINITIONS.—In this section, the term—
‘‘(1) ‘firefighter’ has the meaning given the term ‘employee
in fire protection activities’ under section 3(y) of the Fair Labor
Standards Act (29 U.S.C. 203(y)); and
‘‘(2) ‘Indian tribe’ means a tribe, band, pueblo, nation,
or other organized group or community of Indians, including
an Alaska Native village (as defined in or established under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), that is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for the purposes of carrying out this section—
‘‘(1) $1,000,000,000 for fiscal year 2004;
‘‘(2) $1,030,000,000 for fiscal year 2005;
‘‘(3) $1,061,000,000 for fiscal year 2006;
‘‘(4) $1,093,000,000 for fiscal year 2007;
‘‘(5) $1,126,000,000 for fiscal year 2008;
‘‘(6) $1,159,000,000 for fiscal year 2009; and
‘‘(7) $1,194,000,000 for fiscal year 2010.’’.
SEC. 1058. REVIEW AND ENHANCEMENT OF EXISTING AUTHORITIES
FOR USING AIR FORCE AND AIR NATIONAL GUARD MOD-
ULAR AIRBORNE FIRE-FIGHTING SYSTEMS AND OTHER
DEPARTMENT 
OF 
DEFENSE 
ASSETS 
TO 
FIGHT
WILDFIRES.
(a) REVIEW REQUIRED.—The Director of the Office of Manage-
ment and Budget shall conduct a review of existing authorities
regarding the use of Air Force and Air National Guard Modular
Airborne Fire-Fighting Systems units and other Department of
Defense assets to fight wildfires to ensure that, in accordance
with applicable legal requirements, such assets are available in
the most expeditious manner to fight wildfires on Federal lands
or non-Federal lands at the request of a Federal agency or State
31 USC 1535
note.
Applicability.
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117 STAT. 1620
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government. In conducting the review, the Director shall specifically
consider—
(1) any adverse impact caused by the restrictions contained
in section 1535(a)(4) of title 31, United States Code, or caused
by the interpretation of such restrictions, on the ability of
the Forest Service and other Federal agencies to procure such
firefighting services; and
(2) whether the authorities under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), including section 403(c) of such Act (42 U.S.C. 5170b),
are being properly utilized to facilitate an expeditious Depart-
ment of Defense response to State requests under, and con-
sistent with, such Act for firefighting services.
(b) DETERMINATION REQUIRED.—On the basis of the review,
the Director shall make a determination regarding whether existing
authorities are being used in a manner consistent with using the
available capabilities of Department of Defense assets to fight
wildfires in the most expeditious and efficacious way to minimize
the risk to public safety.
(c) EXPEDITED ECONOMY ACT REVIEW PROCESS.—If the Director
determines under subsection (b) that existing authorities are ade-
quate for the deployment of Department of Defense assets to fight
wildfires, the Director shall develop and implement, subject to
subsection (f), such modifications to the process for conducting
the cost comparison required by section 1535(a)(4) of title 31, United
States Code, as the Director considers appropriate to further expe-
dite the procurement of such firefighting services.
(d) DEVELOPMENT
AND IMPLEMENTATION
OF REVISED POLI-
CIES.—If the Director determines under subsection (b) that the
existing authorities or their use is inadequate or can be improved,
the Director shall develop and implement, subject to subsection
(f), such regulations, policies, and interagency procedures as may
be necessary to improve the ability of the Department of Defense
to respond to a request by a Federal agency or State government
to assist in fighting wildfires on Federal lands or non-Federal
lands under section 1535(a) of title 31, United States Code, or
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), or both.
(e) REPORTING REQUIREMENT.—Not later than 120 days after
the date of the enactment of this Act, the Director shall transmit
to Congress a report—
(1) containing the results of the review conducted under
subsection (a) and the determination made under subsection
(b); and
(2) based on such determination, describing the modifica-
tions proposed to be made to existing authorities under sub-
section (c) or (d), including whether there is a need for legisla-
tive changes to further improve the procedures for using
Department of Defense assets to fight wildfires.
(f) DELAYED IMPLEMENTATION.—The modifications described in
the report prepared under subsection (e) to be made to existing
authorities under subsection (c) or (d) shall not take effect until
the end of the 30-day period beginning on the date on which
the report is transmitted to Congress.
Deadline.
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117 STAT. 1621
PUBLIC LAW 108–136—NOV. 24, 2003
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.
Subtitle A—Department of Defense
National Security Personnel System
SEC. 1101. DEPARTMENT OF DEFENSE NATIONAL SECURITY PER-
SONNEL SYSTEM.
(a) IN GENERAL.—(1) Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following new
chapter:
‘‘CHAPTER 99—DEPARTMENT OF DEFENSE
NATIONAL SECURITY PERSONNEL SYSTEM
‘‘Sec.
‘‘9901. Definitions.
‘‘9902. Establishment of human resources management system.
‘‘9903. Attracting highly qualified experts.
‘‘9904. Special pay and benefits for certain employees outside the United States.
‘‘§ 9901. Definitions
‘‘For purposes of this chapter—
‘‘(1) the term ‘Director’ means the Director of the Office
of Personnel Management; and
‘‘(2) the term ‘Secretary’ means the Secretary of Defense.
‘‘§ 9902. Establishment of human resources management
system
‘‘(a) IN GENERAL.—Notwithstanding any other provision of this
part, the Secretary may, in regulations prescribed jointly with the
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117 STAT. 1622
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Director, establish, and from time to time adjust, a human resources
management system for some or all of the organizational or func-
tional units of the Department of Defense. The human resources
management system established under authority of this section
shall be referred to as the ‘National Security Personnel System’.
‘‘(b) SYSTEM REQUIREMENTS.—Any system established under
subsection (a) shall—
‘‘(1) be flexible;
‘‘(2) be contemporary;
‘‘(3) not waive, modify, or otherwise affect—
‘‘(A) the public employment principles of merit and
fitness set forth in section 2301, including the principles
of hiring based on merit, fair treatment without regard
to political affiliation or other nonmerit considerations,
equal pay for equal work, and protection of employees
against reprisal for whistleblowing;
‘‘(B) any provision of section 2302, relating to prohib-
ited personnel practices;
‘‘(C)(i) any provision of law referred to in section
2302(b)(1), (8), and (9); or
‘‘(ii) any provision of law implementing any provision
of law referred to in section 2302(b)(1), (8), and (9) by—
‘‘(I) providing for equal employment opportunity
through affirmative action; or
‘‘(II) providing any right or remedy available to
any employee or applicant for employment in the public
service;
‘‘(D) any other provision of this part (as described
in subsection (d)); or
‘‘(E) any rule or regulation prescribed under any provi-
sion of law referred to in this paragraph;
‘‘(4) ensure that employees may organize, bargain collec-
tively as provided for in this chapter, and participate through
labor organizations of their own choosing in decisions which
affect them, subject to the provisions of this chapter and any
exclusion from coverage or limitation on negotiability estab-
lished pursuant to law;
‘‘(5) not be limited by any specific law or authority under
this title, or by any rule or regulation prescribed under this
title, that is waived in regulations prescribed under this
chapter, subject to paragraph (3); and
‘‘(6) include a performance management system that incor-
porates the following elements:
‘‘(A) Adherence to merit principles set forth in section
2301.
‘‘(B) A fair, credible, and transparent employee
performance appraisal system.
‘‘(C) A link between the performance management
system and the agency’s strategic plan.
‘‘(D) A means for ensuring employee involvement in
the design and implementation of the system.
‘‘(E) Adequate training and retraining for supervisors,
managers, and employees in the implementation and oper-
ation of the performance management system.
‘‘(F) A process for ensuring ongoing performance feed-
back and dialogue between supervisors, managers, and
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117 STAT. 1623
PUBLIC LAW 108–136—NOV. 24, 2003
employees throughout the appraisal period, and setting
timetables for review.
‘‘(G) Effective safeguards to ensure that the manage-
ment of the system is fair and equitable and based on
employee performance.
‘‘(H) A means for ensuring that adequate agency
resources are allocated for the design, implementation, and
administration of the performance management system.
‘‘(I) A pay-for-performance evaluation system to better
link individual pay to performance, and provide an equi-
table method for appraising and compensating employees.
‘‘(c) PERSONNEL MANAGEMENT AT DEFENSE LABORATORIES.—
(1) The National Security Personnel System shall not apply with
respect to a laboratory under paragraph (2) before October 1, 2008,
and shall apply on or after October 1, 2008, only to the extent
that the Secretary determines that the flexibilities provided by
the National Security Personnel System are greater than the flexi-
bilities provided to those laboratories pursuant to section 342 of
the National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103–337; 108 Stat. 2721) and section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(5 U.S.C. 3104 note), respectively.
‘‘(2) The laboratories to which this subsection applies are—
‘‘(A) the Aviation and Missile Research Development and
Engineering Center;
‘‘(B) the Army Research Laboratory;
‘‘(C) the Medical Research and Materiel Command;
‘‘(D) the Engineer Research and Development Command;
‘‘(E) the Communications-Electronics Command;
‘‘(F) the Soldier and Biological Chemical Command;
‘‘(G) the Naval Sea Systems Command Centers;
‘‘(H) the Naval Research Laboratory;
‘‘(I) the Office of Naval Research; and
‘‘(J) the Air Force Research Laboratory.
‘‘(d) OTHER NONWAIVABLE PROVISIONS.—The other provisions
of this part referred to in subsection (b)(3)(D) are (to the extent
not otherwise specified in this title)—
‘‘(1) subparts A, B, E, G, and H of this part; and
‘‘(2) chapters 41, 45, 47, 55 (except subchapter V thereof,
apart from section 5545b), 57, 59, 71, 72, 73, and 79, and
this chapter.
‘‘(e) LIMITATIONS RELATING TO PAY.—(1) Nothing in this section
shall constitute authority to modify the pay of any employee who
serves in an Executive Schedule position under subchapter II of
chapter 53.
‘‘(2) Except as provided for in paragraph (1), the total amount
in a calendar year of allowances, differentials, bonuses, awards,
or other similar cash payments paid under this title to any employee
who is paid under section 5376 or 5383 or under title 10 or under
other comparable pay authority established for payment of Depart-
ment of Defense senior executive or equivalent employees may
not exceed the total annual compensation payable to the Vice Presi-
dent under section 104 of title 3.
‘‘(3) To the maximum extent practicable, the rates of compensa-
tion for civilian employees at the Department of Defense shall
be adjusted at the same rate, and in the same proportion, as
are rates of compensation for members of the uniformed services.
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117 STAT. 1624
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(4) To the maximum extent practicable, for fiscal years 2004
through 2008, the overall amount allocated for compensation of
the civilian employees of an organizational or functional unit of
the Department of Defense that is included in the National Security
Personnel System shall not be less than the amount that would
have been allocated for compensation of such employees for such
fiscal year if they had not been converted to the National Security
Personnel System, based on, at a minimum—
‘‘(A) the number and mix of employees in such organiza-
tional or functional unit prior to the conversion of such
employees to the National Security Personnel System; and
‘‘(B) adjusted for normal step increases and rates of pro-
motion that would have been expected, had such employees
remained in their previous pay schedule.
‘‘(5) To the maximum extent practicable, the regulations imple-
menting the National Security Personnel System shall provide a
formula for calculating the overall amount to be allocated for fiscal
years after fiscal year 2008 for compensation of the civilian
employees of an organization or functional unit of the Department
of Defense that is included in the National Security Personnel
System. The formula shall ensure that in the aggregate, employees
are not disadvantaged in terms of the overall amount of pay avail-
able as a result of conversion to the National Security Personnel
System, while providing flexibility to accommodate changes in the
function of the organization, changes in the mix of employees per-
forming those functions, and other changed circumstances that
might impact pay levels.
‘‘(f) PROVISIONS TO ENSURE COLLABORATION WITH EMPLOYEE
REPRESENTATIVES.—(1) In order to ensure that the authority of
this section is exercised in collaboration with, and in a manner
that ensures the participation of, employee representatives in the
planning, development, and implementation of the National Secu-
rity Personnel System, the Secretary and the Director shall provide
for the following:
‘‘(A) The Secretary and the Director shall, with respect
to any proposed system—
‘‘(i) provide to the employee representatives rep-
resenting any employees who might be affected a written
description of the proposed system or adjustment (including
the reasons why it is considered necessary);
‘‘(ii) give such representatives at least 30 calendar
days (unless extraordinary circumstances require earlier
action) to review and make recommendations with respect
to the proposal; and
‘‘(iii) give any recommendations received from such
representatives under clause (ii) full and fair consideration
in deciding whether or how to proceed with the proposal.
‘‘(B) Following receipt of recommendations, if any, from
such employee representatives with respect to a proposal
described in subparagraph (A), the Secretary and the Director
shall accept such modifications to the proposal in response
to the recommendations as they determine advisable and shall,
with respect to any parts of the proposal as to which they
have not accepted the recommendations—
‘‘(i) notify Congress of those parts of the proposal,
together with the recommendations of the employee rep-
resentatives;
Notification.
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117 STAT. 1625
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(ii) meet and confer for not less than 30 calendar
days with the employee representatives, in order to attempt
to reach agreement on whether or how to proceed with
those parts of the proposal; and
‘‘(iii) at the Secretary’s option, or if requested by a
majority of the employee representatives participating, use
the services of the Federal Mediation and Conciliation
Service during such meet and confer period to facilitate
the process of attempting to reach agreement.
‘‘(C)(i) Any part of the proposal as to which the representa-
tives do not make a recommendation, or as to which the rec-
ommendations are accepted by the Secretary and the Director,
may be implemented immediately.
‘‘(ii) With respect to any parts of the proposal as to which
recommendations have been made but not accepted by the
Secretary and the Director, at any time after 30 calendar days
have elapsed since the initiation of the congressional notifica-
tion, consultation, and mediation procedures set forth in
subparagraph (B), if the Secretary, in his discretion, determines
that further consultation and mediation is unlikely to produce
agreement, the Secretary may implement any or all of such
parts (including any modifications made in response to the
recommendations as the Secretary determines advisable), but
only after 30 days have elapsed after notifying Congress of
the decision to implement the part or parts involved (as so
modified, if applicable).
‘‘(iii) The Secretary shall notify Congress promptly of the
implementation of any part of the proposal and shall furnish
with such notice an explanation of the proposal, any changes
made to the proposal as a result of recommendations from
the employee representatives, and of the reasons why
implementation is appropriate under this subparagraph.
‘‘(D) If a proposal described in subparagraph (A) is imple-
mented, the Secretary and the Director shall—
‘‘(i) develop a method for the employee representatives
to participate in any further planning or development
which might become necessary; and
‘‘(ii) give the employee representatives adequate access
to information to make that participation productive.
‘‘(2) The Secretary may, at the Secretary’s discretion, engage
in any and all collaboration activities described in this subsection
at an organizational level above the level of exclusive recognition.
‘‘(3) In the case of any employees who are not within a unit
with respect to which a labor organization is accorded exclusive
recognition, the Secretary and the Director may develop procedures
for representation by any appropriate organization which represents
a substantial percentage of those employees or, if none, in such
other manner as may be appropriate, consistent with the purposes
of this subsection.
‘‘(4) The procedures under this subsection are the exclusive
procedures for the participation of employee representatives in the
planning, development, implementation, or adjustment of the
National Security Personnel System.
‘‘(g) PROVISIONS REGARDING NATIONAL LEVEL BARGAINING.—
(1) The National Security Personnel System implemented or modi-
fied under this chapter may include employees of the Department
of Defense from any bargaining unit with respect to which a labor
Notification.
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117 STAT. 1626
PUBLIC LAW 108–136—NOV. 24, 2003
organization has been accorded exclusive recognition under chapter
71.
‘‘(2) For any bargaining unit so included under paragraph (1),
the Secretary may bargain with a labor organization at an organiza-
tional level above the level of exclusive recognition. The decision
to bargain at a level above the level of exclusive recognition shall
not be subject to review or to statutory third-party dispute resolu-
tion procedures outside the Department of Defense. Any such bar-
gaining shall—
‘‘(A) be binding on all subordinate bargaining units of the
labor organization at the level of recognition and their exclusive
representatives, and the Department of Defense and its sub-
components, without regard to levels of recognition;
‘‘(B) supersede all other collective bargaining agreements
of the labor organization, including collective bargaining agree-
ments negotiated with an exclusive representative at the level
of recognition, except as otherwise determined by the Secretary;
‘‘(C) not be subject to further negotiations with the labor
organizations for any purpose, including bargaining at the level
of recognition, except as provided for by the Secretary; and
‘‘(D) be subject to review by an independent third party
only to the extent provided and pursuant to procedures estab-
lished under paragraph (6) of subsection (m).
‘‘(3) The National Guard Bureau and the Army and Air Force
National Guard are excluded from coverage under this subsection.
‘‘(4) Any bargaining completed pursuant to this subsection with
a labor organization not otherwise having national consultation
rights with the Department of Defense or its subcomponents shall
not create any obligation on the Department of Defense or its
subcomponents to confer national consultation rights on such a
labor organization.
‘‘(h) PROVISIONS RELATING TO APPELLATE PROCEDURES.—(1) The
Secretary—
‘‘(A) may establish an appeals process that provides
employees of the Department of Defense organizational and
functional units that are included in the National Security
Personnel System fair treatment in any appeals that they bring
in decisions relating to their employment; and
‘‘(B) shall in prescribing regulations for any such appeals
process—
‘‘(i) ensure that employees in the National Security
Personnel System are afforded the protections of due
process; and
‘‘(ii) toward that end, be required to consult with the
Merit Systems Protection Board before issuing any such
regulations.
‘‘(2) Regulations implementing the appeals process may estab-
lish legal standards and procedures for personnel actions, including
standards for applicable relief, to be taken on the basis of employee
misconduct or performance that fails to meet expectations. Such
standards shall be consistent with the public employment principles
of merit and fitness set forth in section 2301.
‘‘(3) Legal standards and precedents applied before the effective
date of this section by the Merit Systems Protection Board and
the courts under chapters 43, 75, and 77 of this title shall apply
to employees of organizational and functional units included in
the National Security Personnel System, unless such standards
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and precedents are inconsistent with legal standards established
under this subsection.
‘‘(4) An employee who—
‘‘(A) is removed, suspended for more than 14 days, fur-
loughed for 30 days or less, reduced in pay, or reduced in
pay band (or comparable reduction) by a final decision under
the appeals process established under paragraph (1);
‘‘(B) is not serving under probationary period as defined
under regulations established under paragraph (2); and
‘‘(C) would otherwise be eligible to appeal a performance-
based or adverse action under chapter 43 or 75, as applicable,
to the Merit Systems Protection Board,
shall have the right to petition the full Merit Systems Protection
Board for review of the record of that decision pursuant to regula-
tions established under paragraph (2). The Board may dismiss
any petition that, in the view of the Board, does not raise substan-
tial questions of fact or law. No personnel action shall be stayed
and no interim relief shall be granted during the pendency of
the Board’s review unless specifically ordered by the Board.
‘‘(5) The Board may order such corrective action as the Board
considers appropriate only if the Board determines that the decision
was—
‘‘(A) arbitrary, capricious, an abuse of discretion, or other-
wise not in accordance with law;
‘‘(B) obtained without procedures required by law, rule,
or regulation having been followed; or
‘‘(C) unsupported by substantial evidence.
‘‘(6) An employee who is adversely affected by a final order
or decision of the Board may obtain judicial review of the order
or decision as provided in section 7703. The Secretary of Defense,
after notifying the Director, may obtain judicial review of any
final order or decision of the Board under the same terms and
conditions as provided an employee.
‘‘(7) Nothing in this subsection shall be construed to authorize
the waiver of any provision of law, including an appeals provision
providing a right or remedy under section 2302(b) (1), (8) or (9),
that is not otherwise waivable under subsection (a).
‘‘(8) The right of an employee to petition the Merit Systems
Protection Board of the Department’s final decision on an action
covered by paragraph (4) of this subsection, and the right of the
Merit Systems Protection Board to review such action or to order
corrective action pursuant to paragraph (5), is provisional for 7
years after the date of the enactment of this chapter, and shall
become permanent unless Congress acts to revise such provisions.
‘‘(i) PROVISIONS RELATED
TO SEPARATION
AND RETIREMENT
INCENTIVES.—(1) The Secretary may establish a program within
the Department of Defense under which employees may be eligible
for early retirement, offered separation incentive pay to separate
from service voluntarily, or both. This authority may be used to
reduce the number of personnel employed by the Department of
Defense or to restructure the workforce to meet mission objectives
without reducing the overall number of personnel. This authority
is in addition to, and notwithstanding, any other authorities estab-
lished by law or regulation for such programs.
‘‘(2)(A) The Secretary may not authorize the payment of vol-
untary separation incentive pay under paragraph (1) to more than
25,000 employees in any fiscal year, except that employees who
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receive voluntary separation incentive pay as a result of a closure
or realignment of a military installation under the Defense Base
Closure and Realignment Act of 1990 (title XXIX of Public Law
101–510; 10 U.S.C. 2687 note) shall not be included in that number.
‘‘(B) The Secretary shall prepare a report each fiscal year setting
forth the number of employees who received such pay as a result
of a closure or realignment of a military base as described under
subparagraph (A).
‘‘(C) The Secretary shall submit the report under subparagraph
(B) to the Committee on Armed Services and the Committee on
Governmental Affairs of the Senate, and the Committee on Armed
Services and the Committee on Government Reform of the House
of Representatives.
‘‘(3) For purposes of this section, the term ‘employee’ means
an employee of the Department of Defense, serving under an
appointment without time limitation, except that such term does
not include—
‘‘(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84, or another retirement system for
employees of the Federal Government;
‘‘(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under any of the retirement systems referred to in subpara-
graph (A); or
‘‘(C) for purposes of eligibility for separation incentives
under this section, an employee who is in receipt of a decision
notice of involuntary separation for misconduct or unacceptable
performance.
‘‘(4) An employee who is at least 50 years of age and has
completed 20 years of service, or has at least 25 years of service,
may, pursuant to regulations promulgated under this section, apply
and be retired from the Department of Defense and receive benefits
in accordance with chapter 83 or 84 if the employee has been
employed continuously within the Department of Defense for more
than 30 days before the date on which the determination to conduct
a reduction or restructuring within 1 or more Department of
Defense components is approved.
‘‘(5)(A) Separation pay shall be paid in a lump sum or in
installments and shall be equal to the lesser of—
‘‘(i) an amount equal to the amount the employee would
be entitled to receive under section 5595(c), if the employee
were entitled to payment under such section; or
‘‘(ii) $25,000.
‘‘(B) Separation pay shall not be a basis for payment, and
shall not be included in the computation, of any other type of
Government benefit. Separation pay shall not be taken into account
for the purpose of determining the amount of any severance pay
to which an individual may be entitled under section 5595, based
on any other separation.
‘‘(C) Separation pay, if paid in installments, shall cease to
be paid upon the recipient’s acceptance of employment by the Fed-
eral Government, or commencement of work under a personal serv-
ices contract as described in paragraph (6).
‘‘(6)(A) An employee who receives separation pay under such
program may not be reemployed by the Department of Defense
for a 12-month period beginning on the effective date of the
Reports.
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employee’s separation, unless this prohibition is waived by the
Secretary on a case-by-case basis.
‘‘(B) An employee who receives separation pay under this sec-
tion on the basis of a separation occurring on or after the date
of the enactment of the Federal Workforce Restructuring Act of
1994 (Public Law 103–236; 108 Stat. 111) and accepts employment
with the Government of the United States, or who commences
work through a personal services contract with the United States
within 5 years after the date of the separation on which payment
of the separation pay is based, shall be required to repay the
entire amount of the separation pay to the Department of Defense.
If the employment is with an Executive agency (as defined by
section 105) other than the Department of Defense, the Director
may, at the request of the head of that agency, waive the repayment
if the individual involved possesses unique abilities and is the
only qualified applicant available for the position. If the employment
is within the Department of Defense, the Secretary may waive
the repayment if the individual involved is the only qualified
applicant available for the position. If the employment is with
an entity in the legislative branch, the head of the entity or the
appointing official may waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position. If the employment is with
the judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position.
‘‘(7) Under this program, early retirement and separation pay
may be offered only pursuant to regulations established by the
Secretary, subject to such limitations or conditions as the Secretary
may require.
‘‘(j) PROVISIONS RELATING TO REEMPLOYMENT.—If an annuitant
receiving an annuity from the Civil Service Retirement and Dis-
ability Fund becomes employed in a position within the Department
of Defense, his annuity shall continue. An annuitant so reemployed
shall not be considered an employee for purposes of chapter 83
or 84.
‘‘(k) ADDITIONAL PROVISIONS RELATING TO PERSONNEL MANAGE-
MENT.—(1) Notwithstanding subsection (d), the Secretary of
Defense, in establishing and implementing the National Security
Personnel System under subsection (a), shall not be limited by
any provision of this title or any rule or regulation prescribed
under this title in establishing and implementing regulations
relating to—
‘‘(A) the methods of establishing qualification requirements
for, recruitment for, and appointments to positions;
‘‘(B) the methods of assigning, reassigning, detailing,
transferring, or promoting employees; and
‘‘(C) the methods of reducing overall agency staff and grade
levels, except that performance, veterans’ preference, tenure
of employment, length of service, and such other factors as
the Secretary considers necessary and appropriate shall be
considered in decisions to realign or reorganize the Depart-
ment’s workforce.
‘‘(2) In implementing this subsection, the Secretary shall comply
with the provisions of section 2302(b)(11), regarding veterans’ pref-
erence requirements, as provided for in subsection (b)(3).
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117 STAT. 1630
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‘‘(l) PHASE-IN.—The Secretary may apply the National Security
Personnel System—
‘‘(1) to an organizational or functional unit that includes
up to 300,000 civilian employees of the Department of Defense,
without having to make a determination described in paragraph
(2); and
‘‘(2) to an organizational or functional unit that includes
more than 300,000 civilian employees of the Department of
Defense, if the Secretary determines in accordance with sub-
section (a) that the Department has in place a performance
management system that meets the criteria specified in sub-
section (b).
‘‘(m) LABOR MANAGEMENT RELATIONS IN THE DEPARTMENT OF
DEFENSE.—(1) Notwithstanding section 9902(d)(2), the Secretary,
together with the Director, may establish and from time to time
adjust a labor relations system for the Department of Defense
to address the unique role that the Department’s civilian workforce
plays in supporting the Department’s national security mission.
‘‘(2) The system developed or adjusted under paragraph (1)
would allow for a collaborative issue-based approach to labor
management relations.
‘‘(3) In order to ensure that the authority of this section is
exercised in collaboration with, and in a manner that ensures
the participation of, employee representatives in the development
and implementation of the labor management relations system or
adjustments to such system under this section, the Secretary shall
provide for the following:
‘‘(A) The Secretary and the Director shall, with respect
to any proposed system or adjustment—
‘‘(i) afford employee representatives and management
the opportunity to have meaningful discussions concerning
the development of the new system;
‘‘(ii) give such representatives at least 30 calendar
days (unless extraordinary circumstances require earlier
action) to review the proposal for the system and make
recommendations with respect to it; and
‘‘(iii) give any recommendations received from such
representatives under clause (ii) full and fair consideration.
‘‘(B) Following receipt of recommendations, if any, from
such employee representatives with respect to a proposal
described in subparagraph (A), the Secretary and the Director
shall accept such modifications to the proposal in response
to the recommendations as are determined advisable and shall,
with respect to any parts of the proposal as to which they
have not accepted the recommendations—
‘‘(i) meet and confer for not less than 30 calendar
days with the employee representatives, in order to attempt
to reach agreement on whether or how to proceed with
those parts of the proposal; and
‘‘(ii) at the Secretary’s option, or if requested by a
majority of the employee representatives participating, use
the services of the Federal Mediation and Conciliation
Service during such meet and confer period to facilitate
the process of attempting to reach agreement.
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117 STAT. 1631
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(C)(i) Any part of the proposal described in subparagraph
(A) as to which employee representatives do not make a rec-
ommendation, or as to which the recommendations are accepted
under subparagraph (B), may be implemented immediately.
‘‘(ii) With respect to any parts of the proposal as to which
recommendations have been made but not accepted, at any
time after 30 calendar days have elapsed since the consultation
and mediation procedures set forth in subparagraph (B), if
the Secretary, in his discretion, determines that further con-
sultation and mediation is unlikely to produce agreement, the
Secretary may implement any or all of such parts (including
any modifications made in response to the recommendations
as the Secretary determines advisable), but only after 30 days
have elapsed after notifying Congress of the decision to imple-
ment the part or parts involved (as so modified, if applicable).
‘‘(D) The process for collaborating with employee represent-
atives provided for under this subsection shall begin no later
than 60 calendar days after the date of enactment of this
subsection.
‘‘(4) The Secretary may engage in any and all collaboration
activities described in this subsection at an organizational level
above the level of exclusive recognition.
‘‘(5) The system developed or adjusted under this subsection
may incorporate the authority to bargain at a level above the
level of exclusion recognition provided for in subsection (g) of this
section, but may not abrogate or modify the authority provided
for in that subsection. Notwithstanding this subsection, the Sec-
retary may, at his discretion, implement the authority in subsection
(g) immediately upon enactment of this subsection.
‘‘(6) The labor relations system developed or adjusted under
this subsection shall provide for independent third party review
of decisions, including defining what decisions are reviewable by
the third party, what third party would conduct the review, and
the standard or standards for that review.
‘‘(7) Nothing in this section, including the authority provided
to waive, modify, or otherwise affect provisions of law not listed
in subsections (b) and (c) as nonwaivable, shall be construed to
expand the scope of bargaining under chapter 71 or this subsection
with respect to any provision of this title that may be waived,
modified, or otherwise affected under this section.
‘‘(8) The labor relations system developed or adjusted under
this subsection shall be binding on all bargaining units within
the Department of Defense, all employee representatives of such
units, and the Department of Defense and its subcomponents, and
shall supersede all other collective bargaining agreements for bar-
gaining units in the Department of Defense, including collective
bargaining agreements negotiated with employee representatives
at the level of recognition, except as otherwise determined by the
Secretary.
‘‘(9) Unless it is extended or otherwise provided for in law,
the authority to establish, implement and adjust the labor relations
system developed under this subsection shall expire six years after
the date of enactment of this subsection, at which time the provi-
sions of chapter 71 will apply.
Deadline.
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117 STAT. 1632
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‘‘§ 9903. Attracting highly qualified experts
‘‘(a) IN GENERAL.—The Secretary may carry out a program
using the authority provided in subsection (b) in order to attract
highly qualified experts in needed occupations, as determined by
the Secretary.
‘‘(b) AUTHORITY.—Under the program, the Secretary may—
‘‘(1) appoint personnel from outside the civil service and
uniformed services (as such terms are defined in section 2101)
to positions in the Department of Defense without regard to
any provision of this title governing the appointment of
employees to positions in the Department of Defense;
‘‘(2) prescribe the rates of basic pay for positions to which
employees are appointed under paragraph (1) at rates not in
excess of the maximum rate of basic pay authorized for senior-
level positions under section 5376, as increased by locality-
based comparability payments under section 5304, notwith-
standing any provision of this title governing the rates of pay
or classification of employees in the executive branch; and
‘‘(3) pay any employee appointed under paragraph (1) pay-
ments in addition to basic pay within the limits applicable
to the employee under subsection (d).
‘‘(c) LIMITATION ON TERM OF APPOINTMENT.—(1) Except as pro-
vided in paragraph (2), the service of an employee under an appoint-
ment made pursuant to this section may not exceed 5 years.
‘‘(2) The Secretary may, in the case of a particular employee,
extend the period to which service is limited under paragraph
(1) by up to 1 additional year if the Secretary determines that
such action is necessary to promote the Department of Defense’s
national security missions.
‘‘(d) LIMITATIONS
ON ADDITIONAL PAYMENTS.—(1) The total
amount of the additional payments paid to an employee under
this section for any 12-month period may not exceed the lesser
of the following amounts:
‘‘(A) $50,000 in fiscal year 2004, which may be adjusted
annually thereafter by the Secretary, with a percentage
increase equal to one-half of 1 percentage point less than the
percentage by which the Employment Cost Index, published
quarterly by the Bureau of Labor Statistics, for the base quarter
of the year before the preceding calendar year exceeds the
Employment Cost Index for the base quarter of the second
year before the preceding calendar year.
‘‘(B) The amount equal to 50 percent of the employee’s
annual rate of basic pay.
For purposes of this paragraph, the term ‘base quarter’ has the
meaning given such term by section 5302(3).
‘‘(2) An employee appointed under this section is not eligible
for any bonus, monetary award, or other monetary incentive for
service except for payments authorized under this section.
‘‘(3) Notwithstanding any other provision of this subsection
or of section 5307, no additional payments may be paid to an
employee under this section in any calendar year if, or to the
extent that, the employee’s total annual compensation will exceed
the maximum amount of total annual compensation payable at
the salary set in accordance with section 104 of title 3.
‘‘(e) LIMITATION ON NUMBER OF HIGHLY QUALIFIED EXPERTS.—
The number of highly qualified experts appointed and retained
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117 STAT. 1633
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by the Secretary under subsection (b)(1) shall not exceed 2,500
at any time.
‘‘(f) SAVINGS PROVISIONS.—In the event that the Secretary
terminates this program, in the case of an employee who, on the
day before the termination of the program, is serving in a position
pursuant to an appointment under this section—
‘‘(1) the termination of the program does not terminate
the employee’s employment in that position before the expira-
tion of the lesser of—
‘‘(A) the period for which the employee was appointed;
or
‘‘(B) the period to which the employee’s service is lim-
ited under subsection (c), including any extension made
under this section before the termination of the program;
and
‘‘(2) the rate of basic pay prescribed for the position under
this section may not be reduced as long as the employee con-
tinues to serve in the position without a break in service.
‘‘§ 9904. Special pay and benefits for certain employees out-
side the United States
‘‘The Secretary may provide to certain civilian employees of
the Department of Defense assigned to activities outside the United
States as determined by the Secretary to be in support of Depart-
ment of Defense activities abroad hazardous to life or health or
so specialized because of security requirements as to be clearly
distinguishable from normal Government employment—
‘‘(1) allowances and benefits—
‘‘(A) comparable to those provided by the Secretary
of State to members of the Foreign Service under chapter
9 of title I of the Foreign Service Act of 1980 (Public
Law 96–465, 22 U.S.C. 4081 et seq.) or any other provision
of law; or
‘‘(B) comparable to those provided by the Director of
Central Intelligence to personnel of the Central Intelligence
Agency; and
‘‘(2) special retirement accrual benefits and disability in
the same manner provided for by the Central Intelligence
Agency Retirement Act (50 U.S.C. 2001 et seq.) and in section
18 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403r).’’.
(2) The table of chapters for part III of such title is amended
by adding at the end of subpart I the following new item:
‘‘99. Department of Defense National Security Personnel System .................... 9901’’.
(b) IMPACT
ON
DEPARTMENT
OF
DEFENSE
CIVILIAN
PER-
SONNEL.—(1) Any exercise of authority under chapter 99 of such
title (as added by subsection (a)), including under any system estab-
lished under such chapter, shall be in conformance with the require-
ments of this subsection.
(2) No other provision of this Act or of any amendment made
by this Act may be construed or applied in a manner so as to
limit, supersede, or otherwise affect the provisions of this section,
except to the extent that it does so by specific reference to this
section.
5 USC 9901 note.
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117 STAT. 1634
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Subtitle B—Department of Defense
Civilian Personnel Generally
SEC. 1111. PILOT PROGRAM FOR IMPROVED CIVILIAN PERSONNEL
MANAGEMENT.
(a) PILOT PROGRAM.—The Secretary of Defense may carry out
a pilot program using an automated workforce management system
to demonstrate improved efficiency in the performance of civilian
personnel management. The automated workforce management
system used for the pilot program shall be capable of automating
the following workforce management functions:
(1) Job definition.
(2) Position management.
(3) Recruitment.
(4) Staffing.
(5) Performance management.
(b) AUTHORITIES UNDER PILOT PROGRAM.—Under the pilot pro-
gram, the Secretary of Defense shall provide the Secretary of each
military department with the authority for the following:
(1) To use an automated workforce management system
for the civilian workforce of that military department to assess
the potential of such a system to do the following:
(A) Substantially reduce hiring cycle times.
(B) Lower labor costs.
(C) Increase efficiency.
(D) Improve performance management.
(E) Provide better management reporting.
(F) Enable that system to make operational new per-
sonnel management flexibilities granted under the civilian
personnel transformation program.
(2) Identify at least one regional civilian personnel center
(or equivalent) in that military department for participation
in the pilot program.
(c) DURATION OF PILOT PROGRAM.—The Secretary of Defense
may carry out the pilot program under this section at each selected
regional civilian personnel center for a period of two years beginning
not later than March 1, 2004.
SEC. 1112. CLARIFICATION AND REVISION OF AUTHORITY FOR DEM-
ONSTRATION PROJECT RELATING TO CERTAIN ACQUISI-
TION PERSONNEL MANAGEMENT POLICIES AND PROCE-
DURES.
Section 4308 of the National Defense Authorization Act for
Fiscal Year 1996 (10 U.S.C. 1701 note) is amended—
(1) in subsection (b), by striking paragraph (3) and inserting
the following:
‘‘(3) CONDITIONS.—Paragraph (2) shall not apply with
respect to a demonstration project unless—
‘‘(A) for each organization or team participating in
the demonstration project—
‘‘(i) at least one-third of the workforce participating
in the demonstration project consists of members of
the acquisition workforce; and
Deadline.
5 USC 9902 note.
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117 STAT. 1635
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‘‘(ii) at least two-thirds of the workforce partici-
pating in the demonstration project consists of mem-
bers of the acquisition workforce and supporting per-
sonnel assigned to work directly with the acquisition
workforce; and
‘‘(B) the demonstration project commences before
October 1, 2007.’’;
(2) in subsection (d), by striking ‘‘95,000’’ and inserting
‘‘120,000’’;
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting after subsection (d) the following:
‘‘(e) EFFECT OF REORGANIZATIONS.—The applicability of para-
graph (2) of subsection (b) to an organization or team shall not
terminate by reason that the organization or team, after having
satisfied the conditions in paragraph (3) of such subsection when
it began to participate in a demonstration project under this section,
ceases to meet one or both of the conditions set forth in subpara-
graph (A) of such paragraph (3) as a result of a reorganization,
restructuring, realignment, consolidation, or other organizational
change.’’.
SEC. 1113. MILITARY LEAVE FOR MOBILIZED FEDERAL CIVILIAN
EMPLOYEES.
(a) IN GENERAL.—Subsection (b) of section 6323 of title 5,
United States Code, is amended—
(1) in paragraph (2)—
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and at the end of clause
(ii), as so redesignated, by inserting ‘‘or’’; and
(B) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by inserting the following before the text beginning
with ‘‘is entitled’’:
‘‘(B) performs full-time military service as a result of a
call or order to active duty in support of a contingency operation
as defined in section 101(a)(13) of title 10;’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to military service performed on or after the date
of the enactment of this Act.
SEC. 1114. RESTORATION OF ANNUAL LEAVE FOR CERTAIN DEPART-
MENT OF DEFENSE EMPLOYEES.
(a) RESTORATION
OF
ANNUAL
LEAVE.—During the period
October 1, 1992, through December 31, 1997, all employees transfer-
ring from a closing or realigning Department of Defense installation
or activity as defined under section 6304(d)(3) of title 5, United
States Code, to another Department of Defense installation or
activity—
(1) may be deemed eligible by the Secretary of Defense
for automatic restoration of forfeited annual leave under section
6304(d)(3) of title 5, United States Code, during the year of
transfer; and
(2) may be deemed by the Secretary of Defense to have
used all forfeited annual leave properly restored under section
6304(d)(3) of title 5, United States Code, within the appropriate
time limits, only if such restored annual leave was used by
the employee or paid to the employee in the form of a lump
sum payment under section 5551(a) of title 5, United States
Code, by the last day of the 2001 leave year.
5 USC 6304 note.
5 USC 6323 note.
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117 STAT. 1636
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(b) PAYMENT OF RESTORED ANNUAL LEAVE.—(1) On or after
September 23, 1996, all employees transferring from a closing or
realigning Department of Defense installation or activity as defined
under section 6304(d)(3)(A) of title 5, United States Code, to another
Department of Defense installation or activity who, upon transfer,
were entitled to payment of a lump sum payment under section
5551(c) of title 5, United States Code, for forfeited annual leave
properly restored under section 6304(d)(3) of title 5, United States
Code—
(A) may be paid only for any such restored annual leave
currently remaining to their credit at the hourly rate payable
on the date of transfer with appropriate back pay interest;
and
(B) shall be deemed paid for all such restored annual
leave to which that employee was entitled to payment upon
transfer, but subsequently used or was otherwise paid for upon
separation.
(2) This subsection shall take effect on the date of the enactment
of this Act.
SEC. 1115. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT
THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY
COOPERATION.
Section 1595(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(6) The Western Hemisphere Institute for Security
Cooperation.’’.
SEC. 1116. EXTENSION OF AUTHORITY FOR EXPERIMENTAL PER-
SONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL
PERSONNEL.
(a) EXTENSION OF PROGRAM.—Subsection (e)(1) of section 1101
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2139; 5 U.S.C.
3104 note) is amended by striking ‘‘October 16, 2005’’ and inserting
‘‘September 30, 2008’’.
(b) COMMENSURATE EXTENSION OF REQUIREMENT FOR ANNUAL
REPORT.—Subsection (g) of such section is amended by striking
‘‘2006’’ and inserting ‘‘2009’’.
Subtitle C—Other Federal Government
Civilian Personnel Matters
SEC. 1121. MODIFICATION OF THE OVERTIME PAY CAP.
Section 5542(a)(2) of title 5, United States Code, is amended—
(1) by inserting ‘‘the greater of’’ before ‘‘one and one-half’’;
and
(2) by inserting ‘‘or the hourly rate of basic pay of the
employee’’ after ‘‘law)’’ the second place it appears.
SEC. 1122. COMMON OCCUPATIONAL AND HEALTH STANDARDS FOR
DIFFERENTIAL PAYMENTS AS A CONSEQUENCE OF EXPO-
SURE TO ASBESTOS.
(a) PREVAILING RATE SYSTEMS.—Section 5343(c)(4) of title 5,
United States Code, is amended by inserting before the semicolon
at the end the following: ‘‘, and for any hardship or hazard related
5 USC 3104 note.
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117 STAT. 1637
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to asbestos, such differentials shall be determined by applying
occupational safety and health standards consistent with the
permissible exposure limit promulgated by the Secretary of Labor
under the Occupational Safety and Health Act of 1970’’.
(b) GENERAL SCHEDULE PAY RATES.—Section 5545(d) of such
title is amended by inserting before the period at the end of the
first sentence the following: ‘‘, and for any hardship or hazard
related to asbestos, such differentials shall be determined by
applying occupational safety and health standards consistent with
the permissible exposure limit promulgated by the Secretary of
Labor under the Occupational Safety and Health Act of 1970’’.
(c) APPLICABILITY.—Subject to any vested constitutional prop-
erty rights, any administrative or judicial determination after the
date of the enactment of this Act concerning backpay for a differen-
tial established under sections 5343(c)(4) or 5545(d) of such title
shall be based on occupational safety and health standards
described in the amendments made by subsections (a) and (b).
SEC. 1123. INCREASE IN ANNUAL STUDENT LOAN REPAYMENT
AUTHORITY.
(a) INCREASE.—Section 5379(b)(2)(A) of title 5, United States
Code, is amended by striking ‘‘$6,000’’ and inserting ‘‘$10,000’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on January 1, 2004.
SEC. 1124. AUTHORIZATION FOR CABINET SECRETARIES, SECRE-
TARIES OF MILITARY DEPARTMENTS, AND HEADS OF
EXECUTIVE AGENCIES TO BE PAID ON A BIWEEKLY
BASIS.
(a) AUTHORIZATION.—Section 5504 of title 5, United States
Code, is amended—
(1) by redesignating subsection (c) as subsection (d);
(2) by striking the last sentence of both subsection (a)
and subsection (b); and
(3) by inserting after subsection (b) the following:
‘‘(c) For the purposes of this section:
‘‘(1) The term ‘employee’ means—
‘‘(A) an employee in or under an Executive agency;
‘‘(B) an employee in or under the Office of the Architect
of the Capitol, the Botanic Garden, and the Library of
Congress, for whom a basic administrative workweek is
established under section 6101(a)(5) of this title; and
‘‘(C) an individual employed by the government of the
District of Columbia.
‘‘(2) The term ‘employee’ does not include—
‘‘(A) an employee on the Isthmus of Panama in the
service of the Panama Canal Commission; or
‘‘(B) an employee or individual excluded from the defi-
nition of employee in section 5541(2) of this title other
than an employee or individual excluded by clauses (ii),
(iii), and (xiv) through (xvii) of such section.
‘‘(3) Notwithstanding paragraph (2), an individual who
otherwise would be excluded from the definition of employee
shall be deemed to be an employee for purposes of this section
if the individual’s employing agency so elects, under guidelines
in regulations promulgated by the Office of Personnel Manage-
ment under subsection (d)(2).’’.
5 USC 5343 note.
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(b) GUIDELINES.—Subsection (d) of section 5504 of such title,
as redesignated by subsection (a), is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The Office of Personnel Management shall provide guide-
lines by regulation for exemptions to be made by the heads of
agencies under subsection (c)(3). Such guidelines shall provide for
such exemptions only under exceptional circumstances.’’.
SEC. 1125. SENIOR EXECUTIVE SERVICE AND PERFORMANCE.
(a) SENIOR EXECUTIVE PAY.—Chapter 53 of title 5, United
States Code, is amended—
(1) in section 5304—
(A) in subsection (g)(2)—
(i) in subparagraph (A) by striking ‘‘subparagraphs
(A)–(E)’’ and inserting ‘‘subparagraphs (A)–(D)’’; and
(ii) in subparagraph (B) by striking ‘‘subsection
(h)(1)(F)’’ and inserting ‘‘subsection (h)(1)(D)’’;
(B) in subsection (h)(1)—
(i) by striking subparagraphs (B) and (C);
(ii) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (B), (C), and (D), respectively;
(iii) in clause (ii) by striking ‘‘or’’ at the end;
(iv) in clause (iii) by striking the period and
inserting a semicolon; and
(v) by adding at the end the following new clauses:
‘‘(iv) a Senior Executive Service position under section 3132;
‘‘(v) a position in the Federal Bureau of Investigation and
Drug Enforcement Administration Senior Executive Service
under section 3151; or
‘‘(vi) a position in a system equivalent to the system in
clause (iv), as determined by the President’s Pay Agent des-
ignated under subsection (d).’’; and
(C) in subsection (h)(2)(B)—
(i) in clause (i)—
(I) by striking ‘‘subparagraphs (A) through (E)’’
and inserting ‘‘subparagraphs (A) through (C)’’;
and
(II) by striking ‘‘clause (i) or (ii)’’ and inserting
‘‘clause (i), (ii), (iii), (iv), (v), or (vii)’’; and
(ii) in clause (ii)—
(I) by striking ‘‘paragraph (1)(F)’’ and inserting
‘‘paragraph (1)(D)’’; and
(II) by striking ‘‘clause (i) or (ii)’’ and inserting
‘‘clause (i), (ii), (iii), (iv), (v), or (vi)’’;
(2) by amending section 5382 to read as follows:
‘‘§ 5382. Establishment of rates of pay for the Senior Execu-
tive Service
‘‘(a) Subject to regulations prescribed by the Office of Personnel
Management, there shall be established a range of rates of basic
pay for the Senior Executive Service, and each senior executive
shall be paid at one of the rates within the range, based on indi-
vidual performance, contribution to the agency’s performance, or
both, as determined under a rigorous performance management
system. The lowest rate of the range shall not be less than the
minimum rate of basic pay payable under section 5376, and the
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highest rate, for any position under this system or an equivalent
system as determined by the President’s Pay Agent designated
under section 5304(d), shall not exceed the rate for level III of
the Executive Schedule. The payment of the rates shall not be
subject to the pay limitation of section 5306(e) or 5373.
‘‘(b) Notwithstanding the provisions of subsection (a), the
applicable maximum shall be level II of the Executive Schedule
for any agency that is certified under section 5307 as having a
performance appraisal system which, as designed and applied,
makes meaningful distinctions based on relative performance.
‘‘(c) No employee may suffer a reduction in pay by reason
of transfer from an agency with an applicable maximum rate of
pay prescribed under subsection (b) to an agency with an applicable
maximum rate of pay prescribed under subsection (a).’’; and
(3) in section 5383—
(A) in subsection (a) by striking ‘‘which of the rates
established under section 5382 of this title’’ and inserting
‘‘which of the rates within a range established under section
5382’’; and
(B) in subsection (c) by striking ‘‘for any pay adjust-
ment under section 5382 of this title’’ and inserting ‘‘as
provided in regulations prescribed by the Office under sec-
tion 5385’’.
(b) POST-EMPLOYMENT RESTRICTIONS.—(1) Clause (ii) of section
207(c)(2)(A) of title 18, United States Code, is amended to read
as follows:
‘‘(ii) employed in a position which is not referred to
in clause (i) and for which that person is paid at a rate
of basic pay which is equal to or greater than 86.5 percent
of the rate of basic pay for level II of the Executive
Schedule, or, for a period of 2 years following the enactment
of the National Defense Authorization Act for Fiscal Year
2004, a person who, on the day prior to the enactment
of that Act, was employed in a position which is not referred
to in clause (i) and for which the rate of basic pay, exclusive
of any locality-based pay adjustment under section 5304
or section 5304a of title 5, was equal to or greater than
the rate of basic pay payable for level 5 of the Senior
Executive Service on the day prior to the enactment of
that Act,’’.
(2) Subchapter I of chapter 73 of title 5, United States Code,
is amended by inserting at the end the following new section:
‘‘§ 7302. Post-employment notification
‘‘(a) Not later than the effective date of the amendments made
by section 1106 of the National Defense Authorization Act for
Fiscal Year 2004, or 180 days after the date of the enactment
of that Act, whichever is later, the Office of Personnel Management
shall, in consultation with the Attorney General and the Office
of Government Ethics, promulgate regulations requiring that each
Executive branch agency notify any employee of that agency who
is subject to the provisions of section 207(c)(1) of title 18, as a
result of the amendment to section 207(c)(2)(A)(ii) of that title
by that Act.
‘‘(b) The regulations shall require that notice be given before,
or as part of, the action that affects the employee’s coverage under
section 207(c)(1) of title 18, by virtue of the provisions of section
Deadline.
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117 STAT. 1640
PUBLIC LAW 108–136—NOV. 24, 2003
207(c)(2)(A)(ii) of that title, and again when employment or service
in the covered position is terminated.’’.
(3) The table of sections for chapter 73 of title 5, United States
Code, is amended by adding after the item relating to section
7301 the following:
‘‘7302. Post-employment notification.’’.
(c) EFFECTIVE DATE AND APPLICABILITY.—(1) The amendments
made by this section shall take effect on the first day of the
first pay period beginning on or after the first January 1 following
the date of the enactment of this section.
(2) The amendments made by subsection (a) may not result
in a reduction in the rate of basic pay for any senior executive
during the first year after the effective date of those amendments.
(3) For the purposes of paragraph (2), the rate of basic pay
for a senior executive shall be deemed to be the rate of basic
pay set for the senior executive under section 5383 of title 5,
United States Code, plus applicable locality pay paid to that senior
executive, as of the date of the enactment of this Act.
(4) Until otherwise provided by law, or except as otherwise
provided by this section, any reference in a provision of law to
a rate of basic pay that is above the minimum payable and below
the maximum payable to a member of the Senior Executive Service
shall be considered a reference to the rate of basic pay payable
for level IV of the Executive Schedule.
SEC. 1126. DESIGN ELEMENTS OF PAY-FOR-PERFORMANCE SYSTEMS
IN DEMONSTRATION PROJECTS.
A pay-for-performance system may not be initiated under
chapter 47 of title 5, United States Code, after the date of the
enactment of this Act, unless it incorporates the following elements:
(1) Adherence to merit principles set forth in section 2301
of such title.
(2) A fair, credible, and transparent employee performance
appraisal system.
(3) A link between elements of the pay-for-performance
system, the employee performance appraisal system, and the
agency’s strategic plan.
(4) A means for ensuring employee involvement in the
design and implementation of the system.
(5) Adequate training and retraining for supervisors, man-
agers, and employees in the implementation and operation
of the pay-for-performance system.
(6) A process for ensuring ongoing performance feedback
and dialogue between supervisors, managers, and employees
throughout the appraisal period, and setting timetables for
review.
(7) Effective safeguards to ensure that the management
of the system is fair and equitable and based on employee
performance.
(8) A means for ensuring that adequate agency resources
are allocated for the design, implementation, and administra-
tion of the pay-for-performance system.
SEC. 1127. FEDERAL FLEXIBLE BENEFITS PLAN ADMINISTRATIVE
COSTS.
(a) IN GENERAL.—Notwithstanding any other provision of law,
an agency or other employing entity of the Government which
5 USC 1101 note.
5 USC 4701 note.
5 USC 5304 note.
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117 STAT. 1641
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provides or plans to provide a flexible spending account option
for its employees shall not impose any fee with respect to any
of its employees in order to defray the administrative costs associ-
ated therewith.
(b) OFFSET OF ADMINISTRATIVE COSTS.—Each such agency or
employing entity that offers a flexible spending account option
under a program established or administered by the Office of Per-
sonnel Management shall periodically forward to such Office, or
entity designated by such Office, the amount necessary to offset
the administrative costs of such program which are attributable
to such agency.
(c) REPORTS.—(1) The Office shall submit a report to the Com-
mittee on Government Reform of the House of Representatives
and the Committee on Governmental Affairs of the Senate no
later than March 31, 2004, specifying the administrative costs asso-
ciated with the Governmentwide program (referred to in subsection
(b)) for fiscal year 2003, as well as the projected administrative
costs of such program for each of the 5 fiscal years thereafter.
(2) At the end of each of the first 3 calendar years in which
an agency or other employing entity offers a flexible spending
account option under this section, such agency or entity shall submit
a report to the Office of Management and Budget showing the
amount of its employment tax savings in such year which are
attributable to such option, net of administrative fees paid under
subsection (b).
SEC. 1128. EMPLOYEE SURVEYS.
(a) IN GENERAL.—Each agency shall conduct an annual survey
of its employees (including survey questions unique to the agency
and questions prescribed under subsection (b)) to assess—
(1) leadership and management practices that contribute
to agency performance; and
(2) employee satisfaction with—
(A) leadership policies and practices;
(B) work environment;
(C) rewards and recognition for professional accom-
plishment 
and 
personal 
contributions 
to 
achieving
organizational mission;
(D) opportunity for professional development and
growth; and
(E) opportunity to contribute to achieving organiza-
tional mission.
(b) REGULATIONS.—The Office of Personnel Management shall
issue regulations prescribing survey questions that should appear
on all agency surveys under subsection (a) in order to allow a
comparison across agencies.
(c) AVAILABILITY OF RESULTS.—The results of the agency sur-
veys under subsection (a) shall be made available to the public
and posted on the website of the agency involved, unless the head
of such agency determines that doing so would jeopardize or nega-
tively impact national security.
(d) AGENCY DEFINED.—For purposes of this section, the term
‘‘agency’’ means an Executive agency (as defined by section 105
of title 5, United States Code).
SEC. 1129. HUMAN CAPITAL PERFORMANCE FUND.
(a) IN GENERAL.—Subpart D of part III of title 5, United States
Code, is amended by inserting after chapter 53 the following:
5 USC 7101 note.
Deadline.
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‘‘CHAPTER 54—HUMAN CAPITAL PERFORMANCE FUND
‘‘Sec.
‘‘5401. Purpose.
‘‘5402. Definitions.
‘‘5403. Human Capital Performance Fund.
‘‘5404. Human capital performance payments.
‘‘5405. Regulations.
‘‘5406. Agency plan.
‘‘5407. Nature of payment.
‘‘5408. Appropriations.
‘‘§ 5401. Purpose
‘‘The purpose of this chapter is to promote, through the creation
of a Human Capital Performance Fund, greater performance in
the Federal Government. Monies from the Fund will be used to
reward agencies’ highest performing and most valuable employees.
This Fund will offer Federal managers a new tool to recognize
employee performance that is critical to the achievement of agency
missions.
‘‘§ 5402. Definitions
‘‘For the purpose of this chapter—
‘‘(1) ‘agency’ means an Executive agency under section 105,
but does not include the General Accounting Office;
‘‘(2) ‘employee’ includes—
‘‘(A) an individual paid under a statutory pay system
defined in section 5302(1);
‘‘(B) a prevailing rate employee, as defined in section
5342(a)(2); and
‘‘(C) a category of employees included by the Office
of Personnel Management following the review of an agency
plan under section 5403(b)(1);
but does not include—
‘‘(i) an individual paid at an annual rate of basic pay
for a level of the Executive Schedule, under subchapter
II of chapter 53, or at a rate provided for one of those
levels under another provision of law;
‘‘(ii) a member of the Senior Executive Service paid
under subchapter VIII of chapter 53, or an equivalent
system;
‘‘(iii) an administrative law judge paid under section
5372;
‘‘(iv) a contract appeals board member paid under sec-
tion 5372a;
‘‘(v) an administrative appeals judge paid under section
5372b; and
‘‘(vi) an individual in a position which is excepted from
the competitive service because of its confidential, policy-
determining, policy-making, or policy-advocating character;
and
‘‘(3) ‘Office’ means the Office of Personnel Management.
‘‘§ 5403. Human Capital Performance Fund
‘‘(a) There is hereby established the Human Capital Perform-
ance Fund, to be administered by the Office for the purpose of
this chapter.
‘‘(b)(1)(A) An agency shall submit a plan as described in section
5406 to be eligible for consideration by the Office for an allocation
Establishment.
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117 STAT. 1643
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under this section. An allocation shall be made only upon approval
by the Office of an agency’s plan.
‘‘(B)(i) After the reduction for training required under section
5408, ninety percent of the remaining amount appropriated to the
Fund may be allocated by the Office to the agencies. Of the amount
to be allocated, an agency’s pro rata distribution may not exceed
its pro rata share of Executive branch payroll.
‘‘(ii) If the Office does not allocate an agency’s full pro rata
share, the undistributed amount remaining from that share will
become available for distribution to other agencies, as provided
in subparagraph (C).
‘‘(C)(i) After the reduction for training under section 5408,
ten percent of the remaining amount appropriated to the Fund,
as well as the amount of the pro rata share not distributed because
of an agency’s failure to submit a satisfactory plan, shall be allocated
among agencies with exceptionally high-quality plans.
‘‘(ii) An agency with an exceptionally high-quality plan is
eligible to receive an additional distribution in addition to its full
pro rata distribution.
‘‘(2) Each agency is required to provide to the Office such
payroll information as the Office specifies necessary to determine
the Executive branch payroll.
‘‘§ 5404. Human capital performance payments
‘‘(a)(1) Notwithstanding any other provision of law, the Office
may authorize an agency to provide human capital performance
payments to individual employees based on exceptional performance
contributing to the achievement of the agency mission.
‘‘(2) The number of employees in an agency receiving payments
from the Fund, in any year, shall not be more than the number
equal to 15 percent of the agency’s average total civilian full-
and part-time permanent employment for the previous fiscal year.
‘‘(b)(1) A human capital performance payment provided to an
individual employee from the Fund, in any year, shall not exceed
10 percent of the employee’s rate of basic pay.
‘‘(2) The aggregate of an employee’s rate of basic pay, adjusted
by any locality-based comparability payments, and human capital
performance pay, as defined by regulation, may not exceed the
rate of basic pay for Executive Level IV in any year.
‘‘(3) Any human capital performance payment provided to an
employee from the Fund is in addition to any annual pay adjustment
(under section 5303 or any similar provision of law) and any locality-
based comparability payment that may apply.
‘‘(c) No monies from the Human Capital Performance Fund
may be used to pay for a new position, for other performance-
related payments, or for recruitment or retention incentives paid
under sections 5753 and 5754.
‘‘(d)(1) An agency may finance initial human capital perform-
ance payments using monies from the Human Capital Performance
Fund, as available.
‘‘(2) In subsequent years, continuation of previously awarded
human capital performance payments shall be financed from other
agency funds available for salaries and expenses.
‘‘§ 5405. Regulations
‘‘The Office shall issue such regulations as it determines to
be necessary for the administration of this chapter, including the
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117 STAT. 1644
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administration of the Fund. The Office’s regulations shall include
criteria governing—
‘‘(1) an agency plan under section 5406;
‘‘(2) the allocation of monies from the Fund to agencies;
‘‘(3) the nature, extent, duration, and adjustment of, and
approval processes for, payments to individual employees under
this chapter;
‘‘(4) the relationship to this chapter of agency performance
management systems;
‘‘(5) training of supervisors, managers, and other individ-
uals involved in the process of making performance distinctions;
and
‘‘(6) the circumstances under which funds may be allocated
by the Office to an agency in amounts below or in excess
of the agency’s pro rata share.
‘‘§ 5406. Agency plan
‘‘(a) To be eligible for consideration by the Office for an alloca-
tion under this section, an agency shall—
‘‘(1) develop a plan that incorporates the following elements:
‘‘(A) adherence to merit principles set forth in section
2301;
‘‘(B) a fair, credible, and transparent employee perform-
ance appraisal system;
‘‘(C) a link between the pay-for-performance system,
the employee performance appraisal system, and the
agency’s strategic plan;
‘‘(D) a means for ensuring employee involvement in
the design and implementation of the system;
‘‘(E) adequate training and retraining for supervisors,
managers, and employees in the implementation and oper-
ation of the pay-for-performance system;
‘‘(F) a process for ensuring ongoing performance feed-
back and dialogue between supervisors, managers, and
employees throughout the appraisal period, and setting
timetables for review;
‘‘(G) effective safeguards to ensure that the manage-
ment of the system is fair and equitable and based on
employee performance; and
‘‘(H) a means for ensuring that adequate agency
resources are allocated for the design, implementation, and
administration of the pay-for-performance system;
‘‘(2) upon approval, receive an allocation of funding from
the Office;
‘‘(3) make payments to individual employees in accordance
with the agency’s approved plan; and
‘‘(4) provide such information to the Office regarding pay-
ments made and use of funds received under this section as
the Office may specify.
‘‘(b) The Office, in consultation with the Chief Human Capital
Officers Council, shall review and approve an agency’s plan before
the agency is eligible to receive an allocation of funding from the
Office.
‘‘(c) The Chief Human Capital Officers Council shall include
in its annual report to Congress under section 1303(d) of the Home-
land Security Act of 2002 an evaluation of the formulation and
implementation of agency performance management systems.
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‘‘§ 5407. Nature of payment
‘‘Any payment to an employee under this section shall be part
of the employee’s basic pay for the purposes of subchapter III
of chapter 83, and chapters 84 and 87, and for such other purposes
(other than chapter 75) as the Office shall determine by regulation.
‘‘§ 5408. Appropriations
‘‘There is authorized to be appropriated $500,000,000 for fiscal
year 2004, and, for each subsequent fiscal year, such sums as
may be necessary to carry out the provisions of this chapter. In
the first year of implementation, up to 10 percent of the amount
appropriated to the Fund shall be available to participating agencies
to train supervisors, managers, and other individuals involved in
the appraisal process on using performance management systems
to make meaningful distinctions in employee performance and on
the use of the Fund.’’.
(b) CLERICAL AMENDMENT.—The table of chapters for part III
of title 5, United States Code, is amended by inserting after the
item relating to chapter 53 the following:
‘‘54.
Human Capital Performance Fund ........................................................... 5401’’.
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.
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.
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Subtitle A—Matters Relating to Iraq
SEC. 1201. MEDICAL ASSISTANCE TO IRAQI CHILDREN INJURED
DURING OPERATION IRAQI FREEDOM.
(a) ASSISTANCE.—Subject to subsections (c) and (d), the Sec-
retary of Defense shall, to the maximum extent practicable, provide
all necessary health care and related support to provide needed
medical assistance to Iraqi children who, as determined by the
Secretary of Defense, were injured during and as a result of Oper-
ation Iraqi Freedom. Such assistance shall be provided in an expedi-
tious manner.
(b) RELATED SUPPORT.—Related support under subsection (a)
includes transportation on aeromedical evacuation aircraft of the
Department of Defense on a space-available basis.
(c) LIMITATIONS RELATING TO MEDICAL CARE.—Assistance may
be provided to a child under subsection (a)—
(1) only if adequate treatment from other sources in Iraq
or neighboring countries is not available; and
(2) only after completion of an evaluation by a physician
or other appropriate medical personnel of the United States
Armed Forces.
(d) LIMITATION RELATING TO UNITED STATES MILITARY OPER-
ATIONS.—Assistance may be provided to a child under subsection
(a) only if the provision of such assistance would not adversely
affect military operations of the United States.
SEC. 1202. REPORT ON THE CONDUCT OF OPERATION IRAQI FREEDOM.
(a) REPORT REQUIRED.—(1) Not later than March 31, 2004,
the Secretary of Defense shall submit to the congressional defense
committees and the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on Intel-
ligence of the Senate a report on the preparation for and conduct
of military operations under Operation Iraqi Freedom from March
19, 2003, to May 1, 2003.
(2) The report shall be prepared in consultation with the Chair-
man of the Joint Chiefs of Staff, the commander of the United
States Central Command, and such other officers and officials as
the Secretary considers appropriate.
(b) CONTENT.—The report shall include a discussion, with a
particular emphasis on accomplishments and shortcomings and on
near-term and long-term corrective actions to address those short-
comings, of the following:
(1) The military objectives of the international coalition
conducting Operation Iraqi Freedom, the military strategy
selected to achieve the objectives, and an assessment of the
execution of the military strategy.
(2) The deployment process, including the adaptability of
the process to unforeseen contingencies and changing require-
ments.
(3) The effectiveness of the reserve component forces used
in Operation Iraqi Freedom, including the reserve component
mobilization process, the timeliness of mobilization notification,
training, operational effectiveness in theater, and subsequent
demobilization.
(4) The use and performance of major items of United
States military equipment, weapon systems, and munitions
Deadline.
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117 STAT. 1647
PUBLIC LAW 108–136—NOV. 24, 2003
(including items classified under special access procedures and
items drawn from prepositioned stocks) and any expected effects
of the experience with the use and performance of those items
on the doctrinal and tactical employment of such items and
on plans for continuing the acquisition of such items.
(5) The effectiveness of joint air operations, including the
doctrine for the employment of close air support in the varied
environments of Operation Iraqi Freedom, and the effectiveness
of attack helicopter operations.
(6) The use of special operations forces, including oper-
ational and intelligence uses classified under special access
procedures.
(7) The scope of logistics support, including support from
other nations.
(8) The incidence of accidental fratricide, together with
a discussion of the effectiveness of the tracking of friendly
forces and of the combat identification systems in mitigating
friendly fire incidents.
(9) The adequacy of spectrum and bandwidth to transmit
all necessary information to operational forces and assets,
including unmanned aerial vehicles, ground vehicles, and indi-
vidual soldiers.
(10) The effectiveness of information operations, including
the effectiveness of Commando Solo and other psychological
operations assets, in achieving established objectives, together
with a description of technological and other restrictions on
the use of psychological operations capabilities.
(11) The adequacy of United States and coalition intel-
ligence 
and 
counterintelligence 
systems 
and 
personnel,
including contributions regarding bomb damage assessments
and particularly including United States tactical intelligence
and related activities (TIARA) programs and the Joint Military
Intelligence Program (JMIP), as well as the adequacy of such
support to facilitate searches for weapons of mass destruction.
(12) The rapid insertion and integration, if any, of develop-
mental but mission-essential equipment during all phases of
the operation.
(13) The most critical lessons learned that could lead to
long-term doctrinal, organizational, and technological changes
(including new equipment, weapons systems, and munitions)
and the probable effects that an implementation of those
changes would have on current visions, goals, and plans for
transformation of the Armed Forces and for joint and combined
operations.
(14) The role of the law of armed conflict in the planning
and execution of military operations by United States forces
and the other coalition forces and the effects on operations
of Iraqi compliance or noncompliance with the law of armed
conflict.
(15) The policies and procedures relating to the media,
including the use of embedded media.
(16) The results of a study, carried out by the Secretary
of Defense, regarding the availability of family support services
provided for the dependents of members of the National Guard
and other reserve components of the Armed Forces who are
called or ordered to active duty.
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117 STAT. 1648
PUBLIC LAW 108–136—NOV. 24, 2003
(17) The direct and indirect cost of military operations,
including an assessment of the total incremental expenditures
made by the Department of Defense as a result of Operation
Iraqi Freedom.
(c) FORMS
OF REPORT.—The report shall be submitted in
unclassified form with a classified annex, if necessary.
SEC. 1203. REPORT ON DEPARTMENT OF DEFENSE SECURITY AND
RECONSTRUCTION ACTIVITIES IN IRAQ.
(a) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the security and reconstruction activities
of the Department of Defense in Iraq.
(b) REPORT ELEMENTS.—The report shall discuss the range
of infrastructure reconstruction, civil administration, humanitarian
assistance, interim governance, and political development activities
undertaken in Iraq by officials of the Department and by those
civilians reporting to the Secretary of Defense and the missions
undertaken in Iraq by United States military forces. In particular,
the report shall include a discussion of the following:
(1) The evolution of the organizational structure of the
civilian groups reporting to the Secretary, including the Office
of Reconstruction and Humanitarian Assistance and the Office
of the Coalition Provisional Authority, on issues of Iraqi
administration and reconstruction and the factors influencing
that evolution.
(2) The relationship of the Department of Defense with
other United States departments and agencies involved in
administration and reconstruction planning and execution in
Iraq.
(3) The relationship of Department of Defense entities,
including the Office of Reconstruction and Humanitarian Assist-
ance and the Office of the Coalition Provisional Authority,
with intergovernmental and nongovernmental organizations
contributing to the reconstruction and governance efforts.
(4) Progress made to the date of the report in—
(A) rebuilding Iraqi infrastructure;
(B) providing for the humanitarian needs of the Iraqi
people;
(C) reconstituting the Iraqi governmental bureaucracy
and its provision of services;
(D) developing mechanisms of fully transitioning Iraq
to representative self-government; and
(E) recruiting, training, and fielding Iraqi police and
military forces.
(5) Progress made to the date of the report by Department
of Defense civilians and military personnel in accounting for
any Iraqi weapons of mass destruction and associated weapons
capabilities.
(6) Progress made to the date of the report by United
States military personnel in providing security in Iraq and
in transferring security functions to a reconstituted Iraqi police
force and military.
(7) The Secretary’s assessment of the scope of the ongoing
needed commitment of United States military forces and of
the remaining tasks to be completed by Department of Defense
civilian personnel in the governance and reconstruction areas,
Deadline.
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117 STAT. 1649
PUBLIC LAW 108–136—NOV. 24, 2003
including an estimate of the total expenditures the Department
of Defense expects to make for security and reconstruction
activities in Iraq.
(8) The Secretary’s assessment of the effect that the United
States military presence in Iraq will have on replacement and
unit rotation policies, including the overall effect on global
United States military deployments.
SEC. 1204. REPORT ON ACQUISITION BY IRAQ OF ADVANCED WEAPONS.
(a) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services and Foreign Relations of the
Senate and the Committees on Armed Services and International
Relations of the House of Representatives a report on the acquisition
by Iraq of weapons of mass destruction and associated delivery
systems and the acquisition by Iraq of advanced conventional
weapons.
(b) MATTERS TO BE INCLUDED.—The report shall include the
following:
(1) A description of any materials, technology, and know-
how that Iraq was able to obtain for its nuclear, chemical,
biological, ballistic missile, and unmanned aerial vehicle pro-
grams, and advanced conventional weapons programs, from
1979 through April 2003 from entities (including Iraqi citizens)
outside of Iraq, as well as a description of how Iraq obtained
these capabilities from those entities.
(2) An assessment of the degree to which United States,
foreign, and multilateral export control regimes prevented
acquisition by Iraq of weapons of mass destruction-related tech-
nology and materials and advanced conventional weapons and
delivery systems since the commencement of international
inspections in Iraq.
(3) An assessment of the effectiveness of United Nations
sanctions at halting the flow of militarily-useful contraband
to Iraq from 1991 until the end of Operation Iraqi Freedom.
(4) An assessment of how Iraq was able to evade Inter-
national Atomic Energy Agency and United Nations inspections
regarding chemical, nuclear, biological, and missile weapons
and related capabilities.
(5) Identification and a catalog of the entities and countries
that transferred militarily useful contraband and items
described pursuant to paragraph (1) to Iraq between 1991 and
the end of major combat operations of Operation Iraqi Freedom
on May 1, 2003, and the nature of that contraband and of
those items.
(c) FORM
OF
REPORT.—The report shall be submitted in
unclassified form with a classified annex, if necessary.
SEC. 1205. SENSE OF CONGRESS ON USE OF SMALL BUSINESSES,
MINORITY-OWNED 
BUSINESSES, 
AND 
WOMEN-OWNED
BUSINESSES IN EFFORTS TO REBUILD IRAQ.
It is the sense of Congress that the Secretary of Defense should
ensure that outreach procedures are in place to provide information
to small businesses, minority-owned businesses, and women-owned
businesses regarding Department of Defense requirements and con-
tract opportunities for the rebuilding of Iraq.
Deadline.
10 USC 113 note.
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117 STAT. 1650
PUBLIC LAW 108–136—NOV. 24, 2003
Subtitle B—Matters Relating to Export
Protections
SEC. 1211. REVIEW OF EXPORT PROTECTIONS FOR MILITARY SUPERI-
ORITY RESOURCES.
(a) REVIEW REQUIRED.—The Secretary of Defense shall carry
out a review—
(1) to identify goods or technology (as defined in section
16 of the Export Administration Act of 1979 (50 U.S.C. App.
2415)) that, if obtained by a potential adversary, could signifi-
cantly undermine the military superiority or qualitative mili-
tary advantage of the United States over potential adversaries
or otherwise contribute to the acquisition of weapons of mass
destruction and their delivery systems; and
(2) to determine whether any of the items or technologies
identified under paragraph (1) are not currently controlled for
export purposes on either the Commerce Control List or the
United States Munitions List.
(b) ANNUAL REPORTS.—(1) Not later than March 1, 2004, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives an unclassified report, with a classi-
fied annex as necessary, on the results of the review under sub-
section (a).
(2) For each of the next two years after the submission of
the report under paragraph (1), the Secretary shall submit to those
committees an update on that report. Such updates shall be sub-
mitted not later than March 1, 2005, and not later than March
1, 2006.
SEC. 1212. REPORT ON DEPARTMENT OF DEFENSE COSTS RELATING
TO NATIONAL SECURITY CONTROLS ON SATELLITE
EXPORTS.
(a) STUDY.—The Inspector General of the Department of
Defense shall conduct a study of the costs incurred by the Depart-
ment of Defense for each fiscal year from fiscal year 1999 through
fiscal year 2003 relating to national security controls on satellite
exports. As part of such study, the Inspector General shall identify
for each such fiscal year the amounts expended by the Department
of Defense (1) for the monitoring of launches of satellites and
related items in a foreign country pursuant to section 1514 of
the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105–261; 22 U.S.C. 2778 note), and (2)
in connection with applications for licenses for the export of sat-
ellites and related items (as that term is defined in section 1516
of that Act).
(b) REPORT.—Not later than April 1, 2004, the Inspector Gen-
eral shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the study
under subsection (a). The report shall include the following:
(1) An identification and assessment of the costs referred
to in subsection (a), shown in the aggregate and separately,
by fiscal year and by clauses (1) and (2) of that subsection.
(2) A review of the costs referred to in clause (1) of sub-
section (a) for which the Department of Defense has been
reimbursed by the person or entity receiving the satellite launch
Deadline.
Deadlines.
50 USC app.
2404 note.
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117 STAT. 1651
PUBLIC LAW 108–136—NOV. 24, 2003
monitoring services involved, including the extent to which
indirect costs were included in such reimbursement.
Subtitle C—Administrative Requirements
and Authorities
SEC. 1221. AUTHORITY TO USE FUNDS FOR PAYMENT OF COSTS OF
ATTENDANCE OF FOREIGN VISITORS UNDER REGIONAL
DEFENSE COUNTERTERRORISM FELLOWSHIP PROGRAM.
(a) AUTHORITY TO USE FUNDS.—(1) Subchapter I of chapter
134 of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 2249c. Authority to use appropriated funds for costs of
attendance of foreign visitors under Regional
Defense Counterterrorism Fellowship Program
‘‘(a) AUTHORITY TO USE FUNDS.—Under regulations prescribed
by the Secretary of Defense, funds appropriated to the Department
of Defense may be used to pay any costs associated with the
attendance of foreign military officers, ministry of defense officials,
or security officials at United States military educational institu-
tions, regional centers, conferences, seminars, or other training
programs conducted under the Regional Defense Counterterrorism
Fellowship Program, including costs of transportation and travel
and subsistence costs.
‘‘(b) LIMITATION.—The total amount of funds used under the
authority in subsection (a) in any fiscal year may not exceed
$20,000,000.
‘‘(c) ANNUAL REPORT.—Not later than December 1 of each year,
the Secretary of Defense shall submit to Congress a report on
the administration of this section during the fiscal year ended
in such year. The report shall include the following matters:
‘‘(1) A complete accounting of the expenditure of appro-
priated funds for purposes authorized under subsection (a),
including—
‘‘(A) the countries of the foreign officers and officials
for whom costs were paid; and
‘‘(B) for each such country, the total amount of the
costs paid.
‘‘(2) The training courses attended by the foreign officers
and officials, including a specification of which, if any, courses
were conducted in foreign countries.
‘‘(3) An assessment of the effectiveness of the Regional
Defense Counterterrorism Fellowship Program in increasing
the cooperation of the governments of foreign countries with
the United States in the global war on terrorism.
‘‘(4) A discussion of any actions being taken to improve
the program.’’.
(2) The table of sections at the beginning of such subchapter
is amended by adding at the end the following new item:
‘‘2249c. Authority to use appropriated funds for costs of attendance of foreign visi-
tors under Regional Defense Counterterrorism Fellowship Program.’’.
(b) NOTIFICATION OF CONGRESS.—Not later than December 1,
2003, the Secretary of Defense shall—
Deadline.
10 USC 2249c
note.
Deadline.
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117 STAT. 1652
PUBLIC LAW 108–136—NOV. 24, 2003
(1) prescribe the final regulations for carrying out section
2249c of title 10, United States Code, as added by subsection
(a); and
(2) notify the congressional defense committees of the
prescription of such regulations.
SEC. 1222. RECOGNITION OF SUPERIOR NONCOMBAT ACHIEVEMENTS
OR PERFORMANCE BY MEMBERS OF FRIENDLY FOREIGN
FORCES AND OTHER FOREIGN NATIONALS.
(a) AUTHORITY.—Chapter 53 of title 10, United States Code,
is amended by inserting after section 1051a the following new
section:
‘‘§ 1051b. Bilateral or regional cooperation programs: awards
and mementos to recognize superior noncombat
achievements or performance
‘‘(a) GENERAL AUTHORITY.—The Secretary of Defense may
present awards and mementos purchased with funds appropriated
for operation and maintenance of the armed forces to recognize
superior noncombat achievements or performance by members of
friendly foreign forces and other foreign nationals that significantly
enhance or support the National Security Strategy of the United
States.
‘‘(b) ACTIVITIES THAT MAY BE RECOGNIZED.—Activities that
may be recognized under subsection (a) include superior achieve-
ment or performance that—
‘‘(1) plays a crucial role in shaping the international secu-
rity environment in ways that protect and promote United
States interests;
‘‘(2) supports or enhances United States overseas presence
and 
peacetime 
engagement 
activities, 
including 
defense
cooperation initiatives, security assistance training and pro-
grams, and training and exercises with the armed forces;
‘‘(3) helps to deter aggression and coercion, build coalitions,
and promote regional stability; or
‘‘(4) serves as a role model for appropriate conduct by
military forces in emerging democracies.
‘‘(c) LIMITATION.—Expenditures for the purchase or production
of mementos for award under this section may not exceed the
minimal value in effect under section 7342(a)(5) of title 5.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1051a the following new item:
‘‘1051b. Bilateral or regional cooperation programs: awards and mementos to recog-
nize superior noncombat achievements or performance.’’.
SEC. 1223. EXPANSION OF AUTHORITY TO WAIVE CHARGES FOR COSTS
OF ATTENDANCE AT GEORGE C. MARSHALL EUROPEAN
CENTER FOR SECURITY STUDIES.
Section 1306(b)(1) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2892) is
amended by striking ‘‘of cooperation partner states of the North
Atlantic Council or the Partnership for Peace’’ and inserting ‘‘from
states located in Europe or the territory of the former Soviet Union’’.
10 USC 113 note.
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117 STAT. 1653
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 
1224. 
AUTHORITY 
FOR 
CHECK 
CASHING 
AND 
CURRENCY
EXCHANGE SERVICES TO BE PROVIDED TO FOREIGN
MILITARY 
MEMBERS 
PARTICIPATING 
IN 
CERTAIN
ACTIVITIES WITH UNITED STATES FORCES.
(a) AUTHORITY.—Subsection (b) of section 3342 of title 31,
United States Code, is amended by adding at the end the following
new paragraph:
‘‘(8) A member of the military forces of an allied or coalition
nation who is participating in a combined operation, combined
exercise, or combined humanitarian or peacekeeping mission
with the Armed Forces of the United States, but—
‘‘(A) only if—
‘‘(i) such disbursing official action for members
of the military forces of that nation is approved by
the senior United States military commander assigned
to that operation, exercise, or mission; and
‘‘(ii) that nation has guaranteed payment for any
deficiency resulting from such disbursing official action;
and
‘‘(B) in the case of negotiable instruments, only for
a negotiable instrument drawn on a financial institution
located in the United States or on a foreign branch of
such an institution.’’.
(b) TECHNICAL
AMENDMENTS.—That subsection is further
amended—
(1) by striking ‘‘only for—’’ in the matter preceding para-
graph (1) and inserting ‘‘only for the following:’’;
(2) by striking ‘‘an’’ at the beginning of paragraph (1)
and inserting ‘‘An’’;
(3) by striking ‘‘personnel’’ in paragraphs (2) and (6) and
inserting ‘‘Personnel’’;
(4) by striking ‘‘a’’ at the beginning of paragraphs (3),
(4), (5), and (7) and inserting ‘‘A’’;
(5) by striking the semicolon at the end of paragraphs
(1) through (5) and inserting a period;
(6) by striking ‘‘; or’’ at the end of paragraph (6) and
inserting a period; and
(7) by striking ‘‘1752(1))’’ in paragraph (7) and inserting
‘‘1752(1)))’’.
SEC. 1225. DEPOT MAINTENANCE AND REPAIR WORK ON CERTAIN
TYPES OF TRAINER AIRCRAFT TO BE TRANSFERRED TO
FOREIGN COUNTRIES AS EXCESS AIRCRAFT.
(a) 
DEPOT
MAINTENANCE
AND
REPAIR
WORK
BEFORE
TRANSFER.—Before an excess trainer aircraft of a type specified
in subsection (b) is transferred to a foreign country for the purpose
of flight operations by that country, the Secretary of Defense shall
make all reasonable efforts to ensure that the aircraft receives
necessary depot maintenance and repair work and that such work
is performed in the United States.
(b) COVERED TYPES OF AIRCRAFT.—Subsection (a) applies to
the following types of trainer aircraft:
(1) T–2 Buckeye aircraft.
(2) T–37 Tweet aircraft.
(c) WORK TO BE PERFORMED AT NO COST TO DOD.—Any work
referred to in subsection (a) shall be performed at no cost to the
Department of Defense.
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Subtitle D—Other Reports and Sense of
Congress Statements
SEC. 1231. ANNUAL REPORT ON THE NATO PRAGUE CAPABILITIES
COMMITMENT AND THE NATO RESPONSE FORCE.
(a) FINDINGS.—Congress makes the following findings:
(1) At the meeting of the North Atlantic Council held
in Prague in November 2002, the heads of states and govern-
ments of the North Atlantic Treaty Organization (NATO)
launched a Prague Capabilities Commitment and decided to
create a NATO Response Force.
(2) The Prague Capabilities Commitment is part of the
continuing NATO effort to improve and develop new military
capabilities for modern warfare in a high-threat environment.
As part of this commitment, individual NATO allies have made
firm and specific political commitments to improve their
capabilities in the areas of—
(A) chemical, biological, radiological, and nuclear
defense;
(B) intelligence, surveillance, and target acquisition;
(C) air-to-ground surveillance;
(D) command, control, and communications;
(E) combat effectiveness, including precision guided
munitions and suppression of enemy air defenses;
(F) strategic air and sea lift;
(G) air-to-air refueling; and
(H) deployable combat support and combat service sup-
port units.
(3) The NATO Response Force is envisioned to be a techno-
logically advanced, flexible, deployable, interoperable, and
sustainable force that includes land, sea, and air elements
ready to move quickly to wherever needed, as determined by
the North Atlantic Council. The NATO Response Force is also
intended to be a catalyst for focusing and promoting improve-
ments in NATO’s military capabilities. It is expected to have
initial operational capability by October 2004, and full oper-
ational capability by October 2006.
(b) ANNUAL REPORT.—(1) Not later than January 31 of each
year through 2008, the Secretary of Defense shall submit to the
congressional committees specified in paragraph (5) a report, to
be prepared in consultation with the Secretary of State, on
implementation of the Prague Capabilities Commitment and
development of the NATO Response Force by the member nations
of the North Atlantic Treaty Organization (NATO).
(2) The annual report under this subsection shall include the
following matters:
(A) A description of the actions taken by NATO as a whole
and by each member nation of NATO other than the United
States to further the Prague Capabilities Commitment,
including any actions taken to improve capability shortfalls
in the areas identified for improvement.
(B) A description of the actions taken by NATO as a whole
and by each member nation of NATO, including the United
States, to create the NATO Response Force.
(C) A discussion of the relationship between NATO’s efforts
to improve capabilities through the Prague Capabilities
Deadline.
22 USC 1928
note.
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117 STAT. 1655
PUBLIC LAW 108–136—NOV. 24, 2003
Commitment and those of the European Union to enhance
European capabilities through the European Capabilities Action
Plan, including the extent to which they are mutually rein-
forcing.
(D) A discussion of NATO decisionmaking on the
implementation of the Prague Capabilities Commitment and
the development of the NATO Response Force, including—
(i) an assessment of whether the Prague Capabilities
Commitment and the NATO Response Force are the sole
jurisdiction of the Defense Planning Committee, the North
Atlantic Council, or the Military Committee;
(ii) a description of the circumstances which led to
the defense, military, security, and nuclear decisions of
NATO on matters such as the Prague Capabilities Commit-
ment and the NATO Response Force being made in bodies
other than the Defense Planning Committee;
(iii) a description of the extent to which any member
that does not participate in the integrated military struc-
ture of NATO contributes to each of the component commit-
tees of NATO, including any and all committees relevant
to the Prague Capabilities Commitment and the NATO
Response Force;
(iv) a description of the extent to which any member
that does not participate in the integrated military struc-
ture of NATO participates in deliberations and decisions
of NATO on resource policy, contribution ceilings, infra-
structure, force structure, modernization, threat assess-
ments, training, exercises, deployments, and other issues
related to the Prague Capabilities Commitment or the
NATO Response Force;
(v) a description and assessment of the impediments,
if any, that would preclude or limit NATO from conducting
deliberations and making decisions on matters such as
the Prague Capabilities Commitment or the NATO
Response Force solely in the Defense Planning Committee;
and
(vi) the recommendations of the Secretary of Defense
on streamlining defense, military, and security decision-
making within NATO relating to the Prague Capabilities
Commitment, the NATO Response Force, and other mat-
ters, including an assessment of the feasibility and advis-
ability of the greater utilization of the Defense Planning
Committee for such purposes.
(3) In the case of a report under this subsection after the
first such report, the information submitted in such report under
any of clauses (i) through (vi) of subparagraph (D) of paragraph
(2) may consist solely of an update of any information previously
submitted under that clause in a preceding report under this sub-
section.
(4) Each report under this subsection shall be submitted in
unclassified form, but may also be submitted in classified form
if necessary.
(5) The committees specified in this paragraph are—
(A) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee
on International Relations of the House of Representatives.
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117 STAT. 1656
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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.
(a) FINDING.—Congress finds that actions for or on behalf of
a foreign government that constitute attempts to commence legal
proceedings against, or attempts to compel the appearance of or
production of documents from, any current or former official or
employee of the United States or member of the Armed Forces
of the United States relating to the performance of official duties,
other than pursuant to a status of forces agreement or other inter-
national agreement to which the United States is a party, may
have a negative effect on the ability of the United States to take
necessary and timely military action.
(b) REPORT.—Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on appropriate steps that could be taken by
the Department of Defense (such as restrictions on military travel,
limitations on military support and exchange programs, and consid-
eration of relocating, or limiting funding for, United States or
allied military commands, headquarters, or organizations) to
respond to an action by a foreign government described in sub-
section (a).
SEC. 1233. SENSE OF CONGRESS ON REDEPLOYMENT OF UNITED
STATES FORCES IN EUROPE.
(a) FINDINGS.—Congress makes the following findings:
(1) In March 1999, in its initial round of expansion, the
North Atlantic Treaty Organization (NATO) admitted Poland,
the Czech Republic, and Hungary to the Alliance.
(2) At the Prague Summit on November 21–22, 2002, the
NATO heads of state and government invited the countries
of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia,
and Slovenia to join the Alliance.
(3) The countries admitted in the initial round of expansion
referred to in paragraph (1) and the seven new invitee nations
referred to in paragraph (2) will in combination significantly
alter the nature of the Alliance.
(4) During the first 50 years of the Alliance, NATO materi-
ally contributed to the security and stability of Western Europe,
bringing peace and prosperity to the member nations.
(5) The expansion of NATO is an opportunity to assist
the invitee nations in gaining the capabilities to ensure peace,
prosperity, and democracy for themselves during the next 50
years of the Alliance.
(6) The military structure and mission of NATO has
changed, no longer being focused on the threat of a Soviet
invasion, but evolving to handle new threats and new missions
in the area of crisis management, peacekeeping, and peace-
support in and beyond the Euro-Atlantic area of operations.
(b) SENSE OF CONGRESS.—In light of the findings in subsection
(a), it is the sense of Congress that—
(1) the expansion of the North Atlantic Treaty Organization
Alliance and the evolution of the military mission of that Alli-
ance requires a fundamental reevaluation of the current posture
of United States forces stationed in Europe; and
Deadline.
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(2) the Secretary of Defense, in consultation with the Sec-
retary of State, should—
(A) initiate a reevaluation referred to in paragraph
(1); and
(B) in carrying out such a reevaluation, consider a
military posture that takes maximum advantage of basing
and training opportunities in the newly admitted and
invitee states referred to in paragraphs (1) and (2), respec-
tively, of subsection (a).
SEC. 1234. SENSE OF CONGRESS CONCERNING NAVY PORT CALLS IN
ISRAEL.
It is the sense of Congress that—
(1) the United States has invested significant amounts
of funds in expanding the capacity and security of the port
of Haifa, Israel, and the United States Navy should be able
to implement the necessary force protection measures that
would enable it to take advantage of the repair, replenishment,
and communications links available at that port;
(2) the Secretary of Defense and the Secretary of the Navy
should conclude discussions with the Government of Israel and
the Israel Defense Forces to establish appropriate and effective
arrangements to ensure the safety of United States Navy ves-
sels and personnel during port visits to Haifa, Israel; and
(3) upon such arrangements being made, the United States
Navy should consider resumption of regular port visits to Haifa,
Israel.
TITLE XIII—COOPERATIVE THREAT RE-
DUCTION 
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.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section
301 and other provisions of this Act, Cooperative Threat Reduction
programs are the programs 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) FISCAL YEAR 2004 COOPERATIVE THREAT REDUCTION FUNDS
DEFINED.—As used in this title, the term ‘‘fiscal year 2004 Coopera-
tive Threat Reduction funds’’ means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
the authorization of appropriations in section 301 for Cooperative
22 USC 5960
note.
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Threat Reduction programs shall be available for obligation for
three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the $450,800,000
authorized to be appropriated to the Department of Defense for
fiscal year 2004 in section 301(19) for Cooperative Threat Reduction
programs, the following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination in Russia,
$57,600,000.
(2) For strategic nuclear arms elimination in Ukraine,
$3,900,000.
(3) For nuclear weapons transportation security in Russia,
$23,200,000.
(4) For nuclear weapons storage security in Russia,
$48,000,000.
(5) For activities designated as Other Assessments/
Administrative Support, $13,100,000.
(6) For defense and military contacts, $11,100,000.
(7) 
For 
chemical 
weapons 
destruction 
in 
Russia,
$200,300,000.
(8) For biological weapons proliferation prevention in the
former Soviet Union, $54,200,000.
(9) For weapons of mass destruction proliferation preven-
tion in the states of the former Soviet Union, $39,400,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR
OTHER PURPOSES.—No fiscal year 2004 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than
a purpose listed in paragraphs (1) through (9) of subsection (a)
until 30 days after the date that the Secretary of Defense submits
to Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be obligated
or expended. Nothing in the preceding sentence shall be construed
as authorizing the obligation or expenditure of fiscal year 2004
Cooperative Threat Reduction funds for a purpose for which the
obligation or expenditure of such funds is specifically prohibited
under this title or any other provision of law.
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1)
Subject to paragraphs (2) and (3), in any case in which the Secretary
of Defense determines that it is necessary to do so in the national
interest, the Secretary may obligate amounts appropriated for fiscal
year 2004 for a purpose listed in any of the paragraphs in subsection
(a) in excess of the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount author-
ized for such purpose may be made using the authority provided
in paragraph (1) only after—
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the notifica-
tion.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125 percent
of the specific amount authorized for such purpose.
Notification.
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SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL CERTAIN PERMITS
OBTAINED.
(a) IN GENERAL.—The Secretary of Defense shall seek to obtain
all the permits required to complete each phase of construction
of a project under Cooperative Threat Reduction programs before
obligating significant amounts of funding for that phase of the
project.
(b) USE OF FUNDS FOR NEW CONSTRUCTION PROJECTS.—Except
as provided in subsection (e), with respect to a new construction
project to be carried out by the Department of Defense under
Cooperative Threat Reduction programs, not more than 40 percent
of the total costs of the project may be obligated from Cooperative
Threat Reduction funds for any fiscal year until the Secretary
of Defense—
(1) determines the number and type of permits that may
be required for the lifetime of the project in the proposed
location or locations of the project; and
(2) obtains from the State in which the project is to be
located any permits that may be required to begin construction.
(c) IDENTIFICATION OF REQUIRED PERMITS FOR ONGOING INCOM-
PLETE CONSTRUCTION PROJECTS.—With respect to an incomplete
construction project carried out by the Department of Defense under
Cooperative Threat Reduction programs, the Secretary shall identify
all the permits that are required for the lifetime of the project
not later than 120 days after the date of the enactment of this
Act.
(d) USE OF FUNDS FOR CERTAIN INCOMPLETE CONSTRUCTION
PROJECTS.—Except as provided in subsection (e), with respect to
an incomplete construction project carried out by the Department
of Defense under Cooperative Threat Reduction programs for which
construction has not yet commenced as of the date of the enactment
of this Act, not more than 40 percent of the total costs of the
project may be obligated from Cooperative Threat Reduction funds
for any fiscal year until the Secretary obtains from the State in
which the project is located the permits required to commence
construction on the project.
(e) EXCEPTION TO LIMITATIONS ON USE OF FUNDS.—The limita-
tion in subsection (b) or (d) on the obligation of funds for a construc-
tion project otherwise covered by such subsection shall not apply
with respect to the obligation of funds for a particular project
if the Secretary—
(1) determines that it is necessary in the national interest
to obligate funds for such project; and
(2) submits to the congressional defense committees a
notification of the intent to obligate funds for such project,
together with a complete discussion of the justification for
doing so.
(f) DEFINITIONS.—In this section, with respect to a project under
Cooperative Threat Reduction programs:
(1) 
INCOMPLETE
CONSTRUCTION
PROJECT.—The 
term
‘‘incomplete construction project’’ means a construction project
for which funds have been obligated or expended before the
date of the enactment of this Act and which is not completed
as of such date.
(2) NEW CONSTRUCTION PROJECT.—The term ‘‘new construc-
tion project’’ means a construction project for which no funds
Deadline.
22 USC 5960.
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117 STAT. 1660
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have been obligated or expended as of the date of the enactment
of this Act.
(3) PERMIT.—The term ‘‘permit’’ means any local or national
permit for development, general construction, environmental,
land use, or other purposes that is required for purposes of
major construction in a state of the former Soviet Union in
which the construction project is being or is proposed to be
carried out.
SEC. 1304. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL RESEARCH
IN THE FORMER SOVIET UNION.
(a) LIMITATION ON USE OF FUNDS.—Except as provided in sub-
section (b), none of the funds authorized to be appropriated pursuant
to section 1302 for biological weapons proliferation prevention may
be obligated to begin any collaborative biodefense research or bio-
attack early warning and preparedness project under a Cooperative
Threat Reduction program at a facility in a state of the former
Soviet Union until the Secretary of Defense notifies Congress that
the Secretary—
(1) has determined, through access to the facility, that
no offensive biological weapons research prohibited by inter-
national law is being conducted at the facility; and
(2) has determined that appropriate security measures have
begun to be, or will be, put in place at the facility to prevent
theft of dangerous pathogens from the facility.
(b) AVAILABILITY OF FUNDS FOR DETERMINATIONS.—Of the funds
referred to in subsection (a) that are available for projects referred
to in that subsection, up to 25 percent of such funds may be
obligated and expended for purposes of making determinations
referred to in that subsection.
(c) FACILITY DEFINED.—In this section, the term ‘‘facility’’
means the buildings and areas at a location in which Cooperative
Threat Reduction program work is actually being conducted.
SEC. 1305. REQUIREMENT FOR ON-SITE MANAGERS.
(a) ON-SITE MANAGER REQUIREMENT.—Before obligating any
Cooperative Threat Reduction funds for a project described in sub-
section (b), the Secretary of Defense shall appoint one on-site man-
ager for that project. The manager shall be appointed from among
employees of the Federal Government.
(b) PROJECTS COVERED.—Subsection (a) applies to a project—
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage
facilities, or construction of a facility; and
(3) with respect to which the total contribution by the
Department of Defense is expected to exceed $50,000,000.
(c) DUTIES
OF
ON-SITE
MANAGER.—The on-site manager
appointed under subsection (a) shall—
(1) develop, in cooperation with representatives from
governments of countries participating in the project, a list
of those steps or activities critical to achieving the project’s
disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or activi-
ties;
(3) meet with all participants to seek assurances that those
steps or activities are being completed on schedule; and
(4) suspend United States participation in a project when
a non-United States participant fails to complete a scheduled
22 USC 5961.
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117 STAT. 1661
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step or activity on time, unless directed by the Secretary of
Defense to resume United States participation.
(d) AUTHORITY
TO MANAGE MORE THAN ONE PROJECT.—(1)
Subject to paragraph (2), an employee of the Federal Government
may serve as on-site manager for more than one project, including
projects at different locations.
(2) If such an employee serves as on-site manager for more
than one project in a fiscal year, the total cost of the projects
for that fiscal year may not exceed $150,000,000.
(e) STEPS
OR ACTIVITIES.—Steps or activities referred to in
subsection (c)(1) are those activities that, if not completed, will
prevent a project from achieving its disarmament or nonprolifera-
tion goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined
in section 1303).
(2) Verification that the items, substances, or capabilities
to be dismantled, secured, or otherwise modified are available
for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management,
transportation, and other resources.
(f) NOTIFICATION
TO CONGRESS.—In any case in which the
Secretary of Defense directs an on-site manager to resume United
States participation in a project under subsection (c)(4), the Sec-
retary shall concurrently notify Congress of such direction.
(g) EFFECTIVE DATE.—This section shall take effect six months
after the date of the enactment of this Act.
SEC. 1306. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON
FUNDING 
FOR 
CHEMICAL 
WEAPONS 
DESTRUCTION
FACILITY IN RUSSIA.
(a) TEMPORARY AUTHORITY.—The conditions described in sec-
tion 1305 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106–65; 22 U.S.C. 5952 note) shall not
apply to the obligation and expenditure of funds available for obliga-
tion during fiscal year 2004 for the planning, design, or construction
of a chemical weapons destruction facility in Russia if the President
submits to Congress a written certification that includes—
(1) a statement as to why the waiver of the conditions
is important to the national security interests of the United
States;
(2) a full and complete justification for the waiver of the
conditions; and
(3) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status, and location of its
chemical weapons stockpile.
(b) EXPIRATION.—The authority in subsection (a) shall expire
on September 30, 2004.
SEC. 1307. ANNUAL CERTIFICATIONS ON USE OF FACILITIES BEING
CONSTRUCTED FOR COOPERATIVE THREAT REDUCTION
PROJECTS OR ACTIVITIES.
(a) CERTIFICATION
ON
USE
OF
FACILITIES
BEING
CON-
STRUCTED.—Not later than the first Monday of February each year,
the Secretary of Defense shall submit to the congressional defense
committees a certification for each facility for a Cooperative Threat
Reduction project or activity for which construction occurred during
the preceding fiscal year on matters as follows:
22 USC 5962.
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117 STAT. 1662
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(1) Whether or not such facility will be used for its intended
purpose by the government of the state of the former Soviet
Union in which the facility is constructed.
(2) Whether or not the government of such state remains
committed to the use of such facility for its intended purpose.
(3) Whether those actions needed to ensure security at
the facility, including secure transportation of any materials,
substances, or weapons to, from, or within the facility, have
been taken.
(b) APPLICABILITY.—Subsection (a) shall apply to—
(1) any facility the construction of which commences on
or after the date of the enactment of this Act; and
(2) any facility the construction of which is ongoing as
of that date.
SEC. 1308. AUTHORITY TO USE COOPERATIVE THREAT REDUCTION
FUNDS OUTSIDE THE FORMER SOVIET UNION.
(a) AUTHORITY.—Subject to the provisions of this section, the
President may obligate and expend Cooperative Threat Reduction
funds for a fiscal year, and any Cooperative Threat Reduction
funds for a fiscal year before such fiscal year that remain available
for obligation, for a proliferation threat reduction project or activity
outside the states of the former Soviet Union if the President
determines each of the following:
(1) That such project or activity will—
(A)(i) assist the United States in the resolution of
a critical emerging proliferation threat; or
(ii) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals; and
(B) be completed in a short period of time.
(2) That the Department of Defense is the entity of the
Federal Government that is most capable of carrying out such
project or activity.
(b) SCOPE OF AUTHORITY.—The authority in subsection (a) to
obligate and expend funds for a project or activity includes authority
to provide equipment, goods, and services for such project or activity
utilizing such funds, but does not include authority to provide
cash directly to such project or activity.
(c) LIMITATION
ON
TOTAL
AMOUNT
OF
OBLIGATION.—The
amount that may be obligated in a fiscal year under the authority
in subsection (a) may not exceed $50,000,000.
(d) LIMITATION ON AVAILABILITY OF FUNDS.—(1) The President
may not obligate funds for a project or activity under the authority
in subsection (a) until the President makes each determination
specified in that subsection with respect to such project or activity.
(2) Not later than 10 days after obligating funds under the
authority in subsection (a) for a project or activity, the President
shall notify Congress in writing of the determinations made under
paragraph (1) with respect to such project or activity, together
with—
(A) a justification for such determinations; and
(B) a description of the scope and duration of such project
or activity.
(e) ADDITIONAL LIMITATIONS AND REQUIREMENTS.—Except as
otherwise provided in subsections (a) and (b), the exercise of the
22 USC 5963.
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117 STAT. 1663
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authority in subsection (a) shall be subject to any requirement
or limitation under another provision of law as follows:
(1) Any requirement for prior notice or other reports to
Congress on the use of Cooperative Threat Reduction funds
or on Cooperative Threat Reduction projects or activities.
(2) Any limitation on the obligation or expenditure of
Cooperative Threat Reduction funds.
(3) Any limitation on Cooperative Threat Reduction projects
or activities.
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.
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Services Acquisition Reform
Act of 2003’’.
Subtitle A—Acquisition Workforce and
Training
SEC. 1411. DEFINITION OF ACQUISITION.
Section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403) is amended by adding at the end the following:
‘‘(16) The term ‘acquisition’—
‘‘(A) means the process of acquiring, with appropriated
funds, by contract for purchase or lease, property or serv-
ices (including construction) that support the missions and
41 USC 401 note.
Services
Acquisition
Reform Act of
2003.
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117 STAT. 1664
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goals of an executive agency, from the point at which
the requirements of the executive agency are established
in consultation with the chief acquisition officer of the
executive agency; and
‘‘(B) includes—
‘‘(i) the process of acquiring property or services
that are already in existence, or that must be created,
developed, demonstrated, and evaluated;
‘‘(ii) the description of requirements to satisfy
agency needs;
‘‘(iii) solicitation and selection of sources;
‘‘(iv) award of contracts;
‘‘(v) contract performance;
‘‘(vi) contract financing;
‘‘(vii) management and measurement of contract
performance through final delivery and payment; and
‘‘(viii) technical and management functions directly
related to the process of fulfilling agency requirements
by contract.’’.
SEC. 1412. ACQUISITION WORKFORCE TRAINING FUND.
(a) PURPOSES.—The purposes of this section are to ensure that
the Federal acquisition workforce—
(1) adapts to fundamental changes in the nature of Federal
Government acquisition of property and services associated
with the changing roles of the Federal Government; and
(2) acquires new skills and a new perspective to enable
it to contribute effectively in the changing environment of the
21st century.
(b) ESTABLISHMENT OF FUND.—Section 37 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 433) is amended by adding
at the end of subsection (h) the following new paragraph:
‘‘(3) ACQUISITION
WORKFORCE
TRAINING
FUND.—(A) The
Administrator of General Services shall establish an acquisition
workforce training fund. The Administrator shall manage the
fund through the Federal Acquisition Institute to support the
training of the acquisition workforce of the executive agencies
other than the Department of Defense. The Administrator shall
consult with the Administrator for Federal Procurement Policy
in managing the fund.
‘‘(B) There shall be credited to the acquisition workforce
training fund 5 percent of the fees collected by executive agen-
cies (other than the Department of Defense) under the following
contracts:
‘‘(i) Governmentwide task and delivery-order contracts
entered into under sections 303H and 303I of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253h and 253i).
‘‘(ii) Governmentwide contracts for the acquisition of
information technology as defined in section 11101 of title
40, United States Code, and multiagency acquisition con-
tracts for such technology authorized by section 11314 of
such title.
‘‘(iii) Multiple-award schedule contracts entered into
by the Administrator of General Services.
‘‘(C) The head of an executive agency that administers
a contract described in subparagraph (B) shall remit to the
41 USC 433 note.
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General Services Administration the amount required to be
credited to the fund with respect to such contract at the end
of each quarter of the fiscal year.
‘‘(D) The Administrator of General Services, through the
Office of Federal Acquisition Policy, shall ensure that funds
collected for training under this section are not used for any
purpose other than the purpose specified in subparagraph (A).
‘‘(E) Amounts credited to the fund shall be in addition
to funds requested and appropriated for education and training
referred to in paragraph (1).
‘‘(F) Amounts credited to the fund shall remain available
to be expended only in the fiscal year for which credited and
the two succeeding fiscal years.
‘‘(G) This paragraph shall cease to be effective five years
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2004.’’.
(c) EXCEPTION.—This section and the amendments made by
this section shall not apply to the acquisition workforce of the
Department of Defense. Fees charged to the Department of Defense
under contracts covered by section 37(h)(3) of the Office of Federal
Procurement Policy Act, as added by subsection (b), shall be reduced
by 5 percent to reflect the Department’s nonparticipation in the
acquisition workforce training fund established by such section.
SEC. 1413. ACQUISITION WORKFORCE RECRUITMENT PROGRAM.
(a) DETERMINATION OF SHORTAGE CATEGORY POSITIONS.—For
purposes of sections 3304, 5333, and 5753 of title 5, United States
Code, the head of a department or agency of the United States
(other than the Secretary of Defense) may determine, under regula-
tions prescribed by the Office of Personnel Management, that cer-
tain Federal acquisition positions (as described in section 37(g)(1)(A)
of the Office of Federal Procurement Policy Act (41 U.S.C.
433(g)(1)(A)) are shortage category positions in order to use the
authorities in those sections to recruit and appoint highly qualified
persons directly to such positions in the department or agency.
(b) TERMINATION OF AUTHORITY.—The head of a department
or agency may not appoint a person to a position of employment
under this section after September 30, 2007.
(c) REPORT.—Not later than March 31, 2007, the Director of
the Office of Personnel Management, in consultation with the
Administrator for Federal Procurement Policy, shall submit to Con-
gress a report on the implementation of this section. The report
shall include—
(1) a list of the departments and agencies that exercised
the authority provided in this section, and whether the exercise
of the authority was carried out in accordance with the regula-
tions prescribed by the Office of Personnel Management;
(2) the Director’s assessment of the efficacy of the exercise
of the authority provided in this section in attracting employees
with unusually high qualifications to the acquisition workforce;
and
(3) any recommendations considered appropriate by the
Director on whether the authority to carry out the program
should be extended.
41 USC 433 note.
41 USC 433 note.
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SEC. 
1414. 
ARCHITECTURAL 
AND 
ENGINEERING 
ACQUISITION
WORKFORCE.
The Administrator for Federal Procurement Policy, in consulta-
tion with the Secretary of Defense, the Administrator of General
Services, and the Director of the Office of Personnel Management,
shall develop and implement a plan to ensure that the Federal
Government maintains the necessary capability with respect to
the acquisition of architectural and engineering services to—
(1) ensure that Federal Government employees have the
expertise to determine agency requirements for such services;
(2) establish priorities and programs (including acquisition
plans);
(3) establish professional standards;
(4) develop scopes of work; and
(5) award and administer contracts for such services.
Subtitle B—Adaptation of Business
Acquisition Practices
PART I—ADAPTATION OF BUSINESS
MANAGEMENT PRACTICES
SEC. 1421. CHIEF ACQUISITION OFFICERS.
(a) APPOINTMENT OF CHIEF ACQUISITION OFFICERS.—(1) Section
16 of the Office of Federal Procurement Policy Act (41 U.S.C.
414) is amended to read as follows:
‘‘SEC. 16. CHIEF ACQUISITION OFFICERS AND SENIOR PROCUREMENT
EXECUTIVES.
‘‘(a) ESTABLISHMENT
OF AGENCY CHIEF ACQUISITION OFFI-
CERS.—(1) The head of each executive agency described in section
901(b)(1) (other than the Department of Defense) or section
901(b)(2)(C) of title 31, United States Code, with a Chief Financial
Officer appointed or designated under section 901(a) of such title
shall appoint or designate a non-career employee as Chief Acquisi-
tion Officer for the agency, who shall—
‘‘(A) have acquisition management as that official’s primary
duty; and
‘‘(B) advise and assist the head of the executive agency
and other agency officials to ensure that the mission of the
executive agency is achieved through the management of the
agency’s acquisition activities.
‘‘(b) AUTHORITY AND FUNCTIONS OF AGENCY CHIEF ACQUISITION
OFFICERS.—The functions of each Chief Acquisition Officer shall
include—
‘‘(1) monitoring the performance of acquisition activities
and acquisition programs of the executive agency, evaluating
the performance of those programs on the basis of applicable
performance measurements, and advising the head of the execu-
tive agency regarding the appropriate business strategy to
achieve the mission of the executive agency;
‘‘(2) increasing the use of full and open competition in
the acquisition of property and services by the executive agency
by establishing policies, procedures, and practices that ensure
that the executive agency receives a sufficient number of sealed
41 USC 433 note.
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bids or competitive proposals from responsible sources to fulfill
the Government’s requirements (including performance and
delivery schedules) at the lowest cost or best value considering
the nature of the property or service procured;
‘‘(3) increasing appropriate use of performance-based con-
tracting and performance specifications;
‘‘(4) making acquisition decisions consistent with all
applicable laws and establishing clear lines of authority,
accountability, and responsibility for acquisition decisionmaking
within the executive agency;
‘‘(5) managing the direction of acquisition policy for the
executive agency, including implementation of the unique
acquisition policies, regulations, and standards of the executive
agency;
‘‘(6) developing and maintaining an acquisition career
management program in the executive agency to ensure that
there is an adequate professional workforce; and
‘‘(7) as part of the strategic planning and performance
evaluation process required under section 306 of title 5, United
States Code, and sections 1105(a)(28), 1115, 1116, and 9703
of title 31, United States Code—
‘‘(A) assessing the requirements established for agency
personnel regarding knowledge and skill in acquisition
resources management and the adequacy of such require-
ments for facilitating the achievement of the performance
goals established for acquisition management;
‘‘(B) in order to rectify any deficiency in meeting such
requirements, developing strategies and specific plans for
hiring, training, and professional development; and
‘‘(C) reporting to the head of the executive agency
on the progress made in improving acquisition management
capability.
‘‘(c) SENIOR PROCUREMENT EXECUTIVE.—(1) The head of each
executive agency shall designate a senior procurement executive
who shall be responsible for management direction of the procure-
ment system of the executive agency, including implementation
of the unique procurement policies, regulations, and standards of
the executive agency.
‘‘(2) In the case of an executive agency for which a Chief
Acquisition Officer has been appointed or designated under sub-
section (a), the head of such executive agency shall either—
‘‘(A) designate the Chief Acquisition Officer as the senior
procurement executive for the executive agency; or
‘‘(B) ensure that the senior procurement executive des-
ignated for the executive agency under paragraph (1) reports
directly to the Chief Acquisition Officer without intervening
authority.’’.
(2) The item relating to section 16 in the table of contents
in section 1(b) of such Act is amended to read as follows:
‘‘Sec. 16. Chief Acquisition Officers and senior procurement executives.’’.
(b) TECHNICAL CORRECTION.—Section 1115(a) of title 31, United
States Code, is amended by striking ‘‘section 1105(a)(29)’’ and
inserting ‘‘section 1105(a)(28)’’.
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SEC. 1422. CHIEF ACQUISITION OFFICERS COUNCIL.
(a) ESTABLISHMENT
OF
COUNCIL.—The Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by
inserting after section 16 the following new section:
‘‘SEC. 16A. CHIEF ACQUISITION OFFICERS COUNCIL.
‘‘(a) ESTABLISHMENT.—There is established in the executive
branch a Chief Acquisition Officers Council.
‘‘(b) MEMBERSHIP.—The members of the Council shall be as
follows:
‘‘(1) The Deputy Director for Management of the Office
of Management and Budget, who shall act as Chairman of
the Council.
‘‘(2) The Administrator for Federal Procurement Policy.
‘‘(3) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics.
‘‘(4) The chief acquisition officer of each executive agency
that is required to have a chief acquisition officer under section
16 and the senior procurement executive of each military
department.
‘‘(5) Any other senior agency officer of each executive
agency, appointed by the head of the agency in consultation
with the Chairman, who can effectively assist the Council in
performing the functions set forth in subsection (e) and sup-
porting the associated range of acquisition activities.
‘‘(c) LEADERSHIP; SUPPORT.—(1) The Administrator for Federal
Procurement Policy shall lead the activities of the Council on behalf
of the Deputy Director for Management.
‘‘(2)(A) The Vice Chairman of the Council shall be selected
by the Council from among its members.
‘‘(B) The Vice Chairman shall serve a 1-year term, and may
serve multiple terms.
‘‘(3) The Administrator of General Services shall provide
administrative and other support for the Council.
‘‘(d) PRINCIPAL FORUM.—The Council is designated the principal
interagency forum for monitoring and improving the Federal
acquisition system.
‘‘(e) FUNCTIONS.—The Council shall perform functions that
include the following:
‘‘(1) Develop recommendations for the Director of the Office
of Management and Budget on Federal acquisition policies and
requirements.
‘‘(2) Share experiences, ideas, best practices, and innovative
approaches related to Federal acquisition.
‘‘(3) Assist the Administrator in the identification, develop-
ment, and coordination of multiagency projects and other
innovative initiatives to improve Federal acquisition.
‘‘(4) Promote effective business practices that ensure the
timely delivery of best value products to the Federal Govern-
ment and achieve appropriate public policy objectives.
‘‘(5) Further integrity, fairness, competition, openness, and
efficiency in the Federal acquisition system.
‘‘(6) Work with the Office of Personnel Management to
assess and address the hiring, training, and professional
development needs of the Federal Government related to
acquisition.
41 USC 414b.
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117 STAT. 1669
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‘‘(7) Work with the Administrator and the Federal Acquisi-
tion Regulatory Council to promote the business practices
referred to in paragraph (4) and other results of the functions
carried out under this subsection.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of such Act is amended by inserting after the item relating
to section 16 the following new item:
‘‘Sec. 16A. Chief Acquisition Officers Council.’’.
SEC. 1423. STATUTORY AND REGULATORY REVIEW.
(a) ESTABLISHMENT.—Not later than 90 days after the date
of the enactment of this Act, the Administrator for Federal Procure-
ment Policy shall establish an advisory panel to review laws and
regulations regarding the use of commercial practices, performance-
based contracting, the performance of acquisition functions across
agency lines of responsibility, and the use of Governmentwide con-
tracts.
(b) MEMBERSHIP.—The panel shall be composed of at least
nine individuals who are recognized experts in acquisition law
and Government acquisition policy. In making appointments to
the panel, the Administrator shall—
(1) consult with the Secretary of Defense, the Administrator
of General Services, the Committees on Armed Services and
Government Reform of the House of Representatives, and the
Committees on Armed Services and Governmental Affairs of
the Senate; and
(2) ensure that the members of the panel reflect the diverse
experiences in both the public and private sectors, including
academia.
(c) DUTIES.—The panel shall—
(1) review all Federal acquisition laws and regulations,
and, to the extent practicable, government-wide acquisition poli-
cies, with a view toward ensuring effective and appropriate
use of commercial practices and performance-based contracting;
and
(2) make any recommendations for the modification of such
laws, regulations, or policies that are considered necessary as
a result of such review—
(A) to protect the best interests of the Federal Govern-
ment;
(B) to ensure the continuing financial and ethical integ-
rity of acquisitions by the Federal Government; and
(C) to amend or eliminate any provisions in such laws,
regulations, or policies that are unnecessary for the effec-
tive, efficient, and fair award and administration of con-
tracts for the acquisition by the Federal Government of
goods and services.
(d) REPORT.—Not later than one year after the establishment
of the panel, the panel shall submit to the Administrator and
to the Committees on Armed Services and Government Reform
of the House of Representatives and the Committees on Armed
Services and Governmental Affairs of the Senate a report containing
a detailed statement of the findings, conclusions, and recommenda-
tions of the panel.
Deadline.
Deadline.
41 USC 405 note.
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PUBLIC LAW 108–136—NOV. 24, 2003
PART II—OTHER ACQUISITION
IMPROVEMENTS
SEC. 1426. EXTENSION OF AUTHORITY TO CARRY OUT FRANCHISE
FUND PROGRAMS.
Section 403(f) of the Federal Financial Management Act of
1994 (Public Law 103–356; 31 U.S.C. 501 note) is amended by
striking ‘‘October 1, 2003’’ and inserting ‘‘December 31, 2004’’.
SEC. 1427. IMPROVEMENTS IN CONTRACTING FOR ARCHITECTURAL
AND ENGINEERING SERVICES.
(a) TITLE 10.—Section 2855(b) of title 10, United States Code,
is amended in paragraph (2), by striking ‘‘$85,000’’ and inserting
‘‘$300,000’’.
(b) ARCHITECTURAL AND ENGINEERING SERVICES.—Architectural
and engineering services (as defined in section 1102 of title 40,
United States Code) shall not be offered under multiple-award
schedule contracts entered into by the Administrator of General
Services or under Governmentwide task and delivery order contracts
entered into under sections 2304a and 2304b of title 10, United
States Code, or sections 303H and 303I of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253h and 253i)
unless such services—
(1) are performed under the direct supervision of a profes-
sional architect or engineer licensed, registered, or certified
in the State, territory (including the Commonwealth of Puerto
Rico), possession, or Federal District in which the services
are to be performed; and
(2) are awarded in accordance with the selection procedures
set forth in chapter 11 of title 40, United States Code.
SEC. 1428. AUTHORIZATION OF TELECOMMUTING FOR FEDERAL CON-
TRACTORS.
(a) AMENDMENT TO THE FEDERAL ACQUISITION REGULATION.—
Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulatory Council shall amend the
Federal Acquisition Regulation issued in accordance with sections
6 and 25 of the Office of Federal Procurement Policy Act (41
U.S.C. 405 and 421) to permit telecommuting by employees of
Federal Government contractors in the performance of contracts
entered into with executive agencies.
(b) CONTENT OF AMENDMENT.—The regulation issued pursuant
to subsection (a) shall, at a minimum, provide that solicitations
for the acquisition of property or services may not set forth any
requirement or evaluation criteria that would—
(1) render an offeror ineligible to enter into a contract
on the basis of the inclusion of a plan of the offeror to permit
the offeror’s employees to telecommute, unless the contracting
officer concerned first determines that the requirements of the
agency, including security requirements, cannot be met if the
telecommuting is permitted and documents in writing the basis
for that determination; or
(2) reduce the scoring of an offer on the basis of the inclu-
sion in the offer of a plan of the offeror to permit the offeror’s
employees to telecommute, unless the contracting officer con-
cerned first determines that the requirements of the agency,
including security requirements, would be adversely impacted
Deadline.
41 USC 253a
note.
40 USC 1103
note.
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if telecommuting is permitted and documents in writing the
basis for that determination.
(c) DEFINITION.—In this section, the term ‘‘executive agency’’
has the meaning given that term in section 4(1) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(1)).
Subtitle C—Acquisitions of Commercial
Items
SEC. 1431. ADDITIONAL INCENTIVE FOR USE OF PERFORMANCE-BASED
CONTRACTING FOR SERVICES.
(a) IN GENERAL.—The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 41. INCENTIVES FOR EFFICIENT PERFORMANCE OF SERVICES
CONTRACTS.
‘‘(a) INCENTIVE
FOR USE
OF PERFORMANCE-BASED SERVICES
CONTRACTS.—A performance-based contract for the procurement
of services entered into by an executive agency or a performance-
based task order for services issued by an executive agency may
be treated as a contract for the procurement of commercial items
if—
‘‘(1) the value of the contract or task order is estimated
not to exceed $25,000,000;
‘‘(2) the contract or task order sets forth specifically each
task to be performed and, for each task—
‘‘(A) defines the task in measurable, mission-related
terms;
‘‘(B) identifies the specific end products or output to
be achieved; and
‘‘(C) contains firm, fixed prices for specific tasks to
be performed or outcomes to be achieved; and
‘‘(3) the source of the services provides similar services
to the general public under terms and conditions similar to
those offered to the Federal Government.
‘‘(b) REGULATIONS.—The regulations implementing this section
shall require agencies to collect and maintain reliable data sufficient
to identify the contracts or task orders treated as contracts for
commercial items using the authority of this section. The data
may be collected using the Federal Procurement Data System or
other reporting mechanism.
‘‘(c) REPORT.—Not later than two years after the date of the
enactment of this section, the Director of the Office of Management
and Budget shall prepare and submit to the Committees on Govern-
mental Affairs and on Armed Services of the Senate and the
Committees on Government Reform and on Armed Services of the
House of Representatives a report on the contracts or task orders
treated as contracts for commercial items using the authority of
this section. The report shall include data on the use of such
authority both government-wide and for each department and
agency.
‘‘(d) EXPIRATION.—The authority under this section shall expire
10 years after the date of the enactment of this section.’’.
(b) CENTER OF EXCELLENCE IN SERVICE CONTRACTING.—Not
later than 180 days after the date of the enactment of this Act,
Deadline.
41 USC 405 note.
Deadline.
41 USC 437.
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the Administrator for Federal Procurement Policy shall establish
a center of excellence in contracting for services. The center of
excellence shall assist the acquisition community by identifying,
and serving as a clearinghouse for, best practices in contracting
for services in the public and private sectors.
(c) REPEAL OF SUPERSEDED PROVISION.—Subsection (b) of sec-
tion 821 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–218; 10 U.S.C. 2302 note) is repealed.
(d) CLERICAL AND TECHNICAL AMENDMENTS.—(1) The table of
contents in section 1(b) of such Act is amended by striking the
last item and inserting the following:
‘‘Sec. 40. Protection of constitutional rights of contractors.
‘‘Sec. 41. Incentives for efficient performance of services contracts.’’.
(2) The section before section 41 of such Act (as added by
subsection (a)) is redesignated as section 40.
SEC. 1432. AUTHORIZATION OF ADDITIONAL COMMERCIAL CONTRACT
TYPES.
Section 8002(d) of the Federal Acquisition Streamlining Act
of 1994 (Public Law 103–355; 108 Stat. 3387; 41 U.S.C. 264 note)
is amended—
(1) by redesignating paragraph (1) as subparagraph (A)
and in that subparagraph by striking ‘‘and’’;
(2) by redesignating paragraph (2) as subparagraph (B)
and in that subparagraph by striking the period at the end
and inserting ‘‘; and’’;
(3) by adding after subparagraph (B) (as so redesignated)
the following new subparagraph:
‘‘(C) subject to paragraph (2), authority for use of a time-
and-materials contract or a labor-hour contract for the procure-
ment of commercial services that are commonly sold to the
general public through such contracts and are purchased by
the procuring agency on a competitive basis.’’;
(4) by striking ‘‘USE OF FIRM, FIXED PRICE CONTRACTS.—
The’’ and inserting ‘‘PROVISIONS RELATING TO TYPES OF CON-
TRACTS FOR COMMERCIAL ITEMS.—(1)’’; and
(5) by adding at the end the following new paragraphs:
‘‘(2) A time-and-materials contract or a labor-hour contract
may be used pursuant to the authority referred to in paragraph
(1)(C)—
‘‘(A) only for a procurement of commercial services in a
category of commercial services described in paragraph (3);
and—
‘‘(B) only if the contracting officer for such procurement—
‘‘(i) executes a determination and findings that no other
contract type is suitable;
‘‘(ii) includes in the contract a ceiling price that the
contractor exceeds at its own risk; and
‘‘(iii) authorizes any subsequent change in the ceiling
price only upon a determination, documented in the con-
tract file, that it is in the best interest of the procuring
agency to change such ceiling price.
‘‘(3) The categories of commercial services referred to in para-
graph (2) are as follows:
‘‘(A) Commercial services procured for support of a
commercial item, as described in section 4(12)(E) of the
41 USC 436.
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Office of Federal Procurement Policy Act (41 U.S.C.
403(12)(E)).
‘‘(B) Any other category of commercial services that
is designated by the Administrator for Federal Procurement
Policy in the Federal Acquisition Regulation for the pur-
poses of this paragraph on the basis that—
‘‘(i) the commercial services in such category are
of a type of commercial services that are commonly
sold to the general public through use of time-and-
materials or labor-hour contracts; and
‘‘(ii) it would be in the best interests of the Federal
Government to authorize use of time-and-materials or
labor-hour contracts for purchases of the commercial
services in such category.’’.
SEC. 1433. CLARIFICATION OF COMMERCIAL SERVICES DEFINITION.
Section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403) is amended in paragraph (12)(F) by inserting ‘‘or specific
outcomes to be achieved’’ after ‘‘performed’’.
Subtitle D—Other Matters
SEC. 1441. AUTHORITY TO ENTER INTO CERTAIN TRANSACTIONS FOR
DEFENSE AGAINST OR RECOVERY FROM TERRORISM OR
NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL
ATTACK.
(a) AUTHORITY.—
(1) IN GENERAL.—The head of an executive agency who
engages in basic research, applied research, advanced research,
and development projects that—
(A) are necessary to the responsibilities of such official’s
executive agency in the field of research and development,
and
(B) have the potential to facilitate defense against or
recovery from terrorism or nuclear, biological, chemical,
or radiological attack,
may exercise the same authority (subject to the same restric-
tions and conditions) with respect to such research and projects
as the Secretary of Defense may exercise under section 2371
of title 10, United States Code, except for subsections (b) and
(f) of such section 2371.
(2) PROTOTYPE PROJECTS.—The head of an executive agency
may, under the authority of paragraph (1), carry out prototype
projects that meet the requirements of subparagraphs (A) and
(B) of paragraph (1) in accordance with the requirements and
conditions provided for carrying out prototype projects under
section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note), including
that, to the maximum extent practicable, competitive proce-
dures shall be used when entering into agreements to carry
out projects under subsection (a) of that section and that the
period of authority to carry out projects under such subsection
(a) terminates as provided in subsection (g) of that section.
(3) APPLICATION OF REQUIREMENTS AND CONDITIONS.—In
applying the requirements and conditions of section 845 of
41 USC 428a
note.
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the National Defense Authorization Act for Fiscal Year 1994
under this subsection—
(A) subsection (c) of that section shall apply with
respect to prototype projects carried out under this para-
graph; and
(B) the Director of the Office of Management and
Budget shall perform the functions of the Secretary of
Defense under subsection (d) of that section.
(4) APPLICABILITY TO SELECTED EXECUTIVE AGENCIES.—
(A) OMB AUTHORIZATION REQUIRED.—The head of an
executive agency may exercise authority under this sub-
section for a project only if authorized by the Director
of the Office of Management and Budget to use the
authority for such project.
(B) RELATIONSHIP TO AUTHORITY OF DEPARTMENT OF
HOMELAND SECURITY.—The authority under this subsection
shall not apply to the Secretary of Homeland Security
while section 831 of the Homeland Security Act of 2002
(Public Law 107–296; 116 Stat. 2224) is in effect.
(b) ANNUAL REPORT.—The annual report of the head of an
executive agency that is required under subsection (h) of section
2371 of title 10, United States Code, as applied to the head of
the executive agency by subsection (a), shall be submitted to the
Committee on Governmental Affairs of the Senate and the Com-
mittee on Government Reform of the House of Representatives.
(c) REGULATIONS.—The Director of the Office of Management
and Budget shall prescribe regulations to carry out this section.
No transaction may be conducted under the authority of this section
before the date on which such regulations take effect.
(d) TERMINATION OF AUTHORITY.—The authority to carry out
transactions under subsection (a) shall terminate on September
30, 2008.
SEC. 1442. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING
FOR THE RECONSTRUCTION OF INFRASTRUCTURE IN
IRAQ.
(a) DISCLOSURE REQUIRED.—
(1) PUBLICATION AND PUBLIC AVAILABILITY.—The head of
an executive agency of the United States that enters into a
contract for the repair, maintenance, or construction of infra-
structure in Iraq without full and open competition shall pub-
lish in the Federal Register or Commerce Business Daily and
otherwise make available to the public, not later than 30 days
after the date on which the contract is entered into, the fol-
lowing information:
(A) The amount of the contract.
(B) A brief description of the scope of the contract.
(C) A discussion of how the executive agency identified,
and solicited offers from, potential contractors to perform
the contract, together with a list of the potential contractors
that were issued solicitations for the offers.
(D) The justification and approval documents on which
was based the determination to use procedures other than
procedures that provide for full and open competition.
(2) INAPPLICABILITY
TO
CONTRACTS
AFTER
FISCAL
YEAR
2005.—Paragraph (1) does not apply to a contract entered into
after September 30, 2005.
Federal Register,
publication.
Deadline.
41 USC 253 note.
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(b) CLASSIFIED INFORMATION.—
(1) AUTHORITY TO WITHHOLD.—The head of an executive
agency may—
(A) withhold from publication and disclosure under
subsection (a) any document that is classified for restricted
access in accordance with an Executive order in the interest
of national defense or foreign policy; and
(B) redact any part so classified that is in a document
not so classified before publication and disclosure of the
document under subsection (a).
(2) AVAILABILITY TO CONGRESS.—In any case in which the
head of an executive agency withholds information under para-
graph (1), the head of such executive agency shall make avail-
able an unredacted version of the document containing that
information to the chairman and ranking member of each of
the following committees of Congress:
(A) The Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the
House of Representatives.
(B) The Committees on Appropriations of the Senate
and House of Representatives.
(C) Each committee that the head of the executive
agency determines has legislative jurisdiction for the oper-
ations of such department or agency to which the informa-
tion relates.
(c) FISCAL YEAR 2003 CONTRACTS.—This section shall apply
to contracts entered into on or after October 1, 2002, except that,
in the case of a contract entered into before the date of the enact-
ment of this Act, subsection (a) shall be applied as if the contract
had been entered into on the date of the enactment of this Act.
(d) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—Nothing in
this section shall be construed as affecting obligations to disclose
United States Government information under any other provision
of law.
(e) DEFINITIONS.—In this section, the terms ‘‘executive agency’’
and ‘‘full and open competition’’ have the meanings given such
terms in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
SEC. 1443. SPECIAL EMERGENCY PROCUREMENT AUTHORITY.
(a) PERMANENT AUTHORITY.—(1) The Office of Federal Procure-
ment Policy Act (41 U.S.C. 403 et seq.) is amended by inserting
after section 32 the following new section:
‘‘SEC. 32A. SPECIAL EMERGENCY PROCUREMENT AUTHORITY.
‘‘(a) APPLICABILITY.—The authorities provided in this section
apply with respect to any procurement of property or services
by or for an executive agency that, as determined by the head
of such executive agency, are to be used—
‘‘(1) in support of a contingency operation; or
‘‘(2) to facilitate the defense against or recovery from
nuclear, biological, chemical, or radiological attack against the
United States.
‘‘(b) INCREASED THRESHOLDS.—For a procurement to which this
section applies under subsection (a)—
‘‘(1) the amount specified in subsections (c), (d), and (f)
of section 32 shall be deemed to be $15,000; and
‘‘(2) the term ‘simplified acquisition threshold’ means—
41 USC 428a.
Applicability.
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‘‘(A) $250,000 in the case of any contract to be awarded
and performed, or purchase to be made, inside the United
States; and
‘‘(B) $500,000 in the case of any contract to be awarded
and performed, or purchase to be made, outside the United
States.
‘‘(c) INCREASED LIMITATION ON USE OF SIMPLIFIED ACQUISITION
PROCEDURES.—For a procurement to which this section applies
under subsection (a), the $5,000,000 limitation in the following
provisions of law shall be deemed to be $10,000,000:
‘‘(1) Section 31(a)(2) of this Act.
‘‘(2) Section 2304(g)(1)(B) of title 10, United States Code.
‘‘(3) Section 303(g)(1)(B) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B)).
‘‘(d) COMMERCIAL ITEMS AUTHORITY.—(1) The head of an execu-
tive agency carrying out a procurement of property or a service
to which this section applies under subsection (a)(2) may treat
such property or service as a commercial item for the purpose
of carrying out such procurement.
‘‘(2) A contract in an amount greater than $15,000,000 that
is awarded on a sole source basis for an item or service treated
as a commercial item under paragraph (1) shall not be exempt
from—
‘‘(A) cost accounting standards promulgated pursuant to
section 26 of this Act; or
‘‘(B) cost or pricing data requirements (commonly referred
to as truth in negotiating) under section 2306a of title 10,
United States Code, and section 304A of title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254b).
‘‘(e) CONTINGENCY OPERATION DEFINED.—In this section, the
term ‘contingency operation’ has the meaning given such term in
section 101(a)(13) of title 10, United States Code.’’.
(2) The table of contents in section 1(b) of such Act is amended
by inserting after the item relating to section 32 the following
new item:
‘‘Sec. 32A. Special emergency procurement authority.’’.
(b) CONTINUATION
OF AUTHORITY
FOR USE
OF SIMPLIFIED
ACQUISITION PROCEDURES.—Section 4202(e) of the Clinger-Cohen
Act (division D of Public Law 104–106; 110 Stat. 652; 10 U.S.C.
2304 note) is amended by striking ‘‘January 1, 2004’’ and inserting
‘‘January 1, 2006’’.
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.
SEC. 1501. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT OF COMMISSION.—There is hereby estab-
lished a commission to be known as the Veterans’ Disability Benefits
38 USC 1101
note.
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117 STAT. 1677
PUBLIC LAW 108–136—NOV. 24, 2003
Commission (hereinafter in this title referred to as the ‘‘commis-
sion’’).
(b) MEMBERSHIP.—(1) The commission shall be composed of
13 members, appointed as follows:
(A) Two members appointed by the Speaker of the House
of Representatives, at least one of whom shall be a veteran
who was awarded a decoration specified in paragraph (2).
(B) Two members appointed by the minority leader of the
House of Representatives, at least one of whom shall be a
veteran who was awarded a decoration specified in paragraph
(2).
(C) Two members appointed by the majority leader of the
Senate, at least one of whom shall be a veteran who was
awarded a decoration specified in paragraph (2).
(D) Two members appointed by the minority leader of
the Senate, at least one of whom shall be a veteran who
was awarded a decoration specified in paragraph (2).
(E) Five members appointed by the President, at least
three of whom shall be veterans who were awarded a decoration
specified in paragraph (2).
(2) A decoration specified in this paragraph is any of the fol-
lowing:
(A) The Medal of Honor.
(B) The Distinguished Service Cross, the Navy Cross, or
the Air Force Cross.
(C) The Silver Star.
(3) A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
(4) The appointment of members of the commission under this
subsection shall be made not later than 60 days after the date
of the enactment of this Act.
(c) PERIOD OF APPOINTMENT.—Members of the commission shall
be appointed for the life of the commission. A vacancy in the
commission shall not affect its powers.
(d) INITIAL MEETING.—The commission shall hold its first
meeting not later than 30 days after the date on which a majority
of the members of the commission have been appointed.
(e) MEETINGS.—The commission shall meet at the call of the
chairman.
(f) QUORUM.—A majority of the members of the commission
shall constitute a quorum, but a lesser number may hold hearings.
(g) CHAIRMAN.—The President shall designate a member of
the commission to be chairman of the commission.
SEC. 1502. DUTIES OF THE COMMISSION.
(a) STUDY.—The commission shall carry out a study of the
benefits under the laws of the United States that are provided
to compensate and assist veterans and their survivors for disabil-
ities and deaths attributable to military service.
(b) SCOPE OF STUDY.—In carrying out the study, the commission
shall examine and make recommendations concerning the following:
(1) The appropriateness of such benefits under the laws
in effect on the date of the enactment of this Act.
(2) The appropriateness of the level of such benefits.
(3) The appropriate standard or standards for determining
whether a disability or death of a veteran should be com-
pensated.
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117 STAT. 1678
PUBLIC LAW 108–136—NOV. 24, 2003
(c) CONTENTS OF STUDY.—The study to be carried out by the
commission under this section shall be a comprehensive evaluation
and assessment of the benefits provided under the laws of the
United States to compensate veterans and their survivors for dis-
ability or death attributable to military service, together with any
related issues that the commission determines are relevant to the
purposes of the study. The study shall include an evaluation and
assessment of the following:
(1) The laws and regulations which determine eligibility
for disability and death benefits, and other assistance for vet-
erans and their survivors.
(2) The rates of such compensation, including the appro-
priateness of a schedule for rating disabilities based on average
impairment of earning capacity.
(3) Comparable disability benefits provided to individuals
by the Federal Government, State governments, and the private
sector.
(d) CONSULTATION WITH INSTITUTE OF MEDICINE.—In carrying
out the study under this section, the commission shall consult
with the Institute of Medicine of the National Academy of Sciences
with respect to the medical aspects of contemporary disability com-
pensation policies.
SEC. 1503. REPORT.
Not later than 15 months after the date on which the commis-
sion first meets, the commission shall submit to the President
and Congress a report on the study. The report shall include the
following:
(1) The findings and conclusions of the commission,
including its findings and conclusions with respect to the mat-
ters referred to in section 1502(c).
(2) The recommendations of the commission for revising
the benefits provided by the United States to veterans and
their survivors for disability and death attributable to military
service.
(3) Other information and recommendations with respect
to such benefits as the commission considers appropriate.
SEC. 1504. POWERS OF THE COMMISSION.
(a) HEARINGS.—The commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive
such evidence as the commission considers advisable to carry out
the purposes of this title.
(b) INFORMATION FROM FEDERAL AGENCIES.—In addition to the
information referred to in section 1502(c), the commission may
secure directly from any Federal department or agency such
information as the commission considers necessary to carry out
the provisions of this title. Upon request of the chairman of the
commission, the head of such department or agency shall furnish
such information to the commission.
(c) POSTAL SERVICES.—The commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) GIFTS.—The commission may accept, use, and dispose of
gifts or donations of services or property.
Deadline.
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117 STAT. 1679
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 1505. PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Each member of the commis-
sion who is not an officer or employee of the United States shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which the member is
engaged in the performance of the duties of the commission. All
members of the commission who are officers or employees of the
United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(b) TRAVEL EXPENSES.—The members of the commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the commission.
(c) STAFF.—(1) The chairman of the commission may, without
regard to the civil service laws and regulations, appoint an executive
director and such other personnel as may be necessary to enable
the commission to perform its duties. The appointment of an execu-
tive director shall be subject to approval by the commission.
(2) The chairman of the commission may fix the compensation
of the executive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay for
the executive director and other personnel may not exceed the
rate payable for level V of the Executive Schedule under section
5316 of such title.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the
chairman of the commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the commission to assist it in
carrying out its duties.
(e) PROCUREMENT
OF TEMPORARY
AND INTERMITTENT SERV-
ICES.—The chairman of the commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of such title.
SEC. 1506. TERMINATION OF COMMISSION.
The commission shall terminate 60 days after the date on
which the commission submits its report under section 1503.
SEC. 1507. FUNDING.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall, upon
the request of the chairman of the commission, make available
to the commission such amounts as the commission may require
to carry out its duties under this title.
(b) AVAILABILITY.—Any sums made available to the commission
under subsection (a) shall remain available, without fiscal year
limitation, until the termination of the commission.
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117 STAT. 1680
PUBLIC LAW 108–136—NOV. 24, 2003
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.
SEC. 1601. RESEARCH AND DEVELOPMENT OF DEFENSE BIOMEDICAL
COUNTERMEASURES.
(a) IN GENERAL.—The Secretary of Defense (in this section
referred to as the ‘‘Secretary’’) shall carry out a program to accel-
erate the research, development and procurement of biomedical
countermeasures, including but not limited to therapeutics and
vaccines, for the protection of the Armed Forces from attack by
one or more biological, chemical, radiological, or nuclear agents.
(b) INTERAGENCY COOPERATION.—(1) In carrying out the pro-
gram under subsection (a), the Secretary may enter into interagency
agreements and other collaborative undertakings with other Federal
agencies.
(2) The Secretary, through regular, structured, and close con-
sultation with the Secretary of Health and Human Services and
the Secretary of Homeland Security, shall ensure that the activities
of the Department of Defense in carrying out the program are
coordinated with, complement, and do not unnecessarily duplicate
activities of the Department of Health and Human Services or
the Department of Homeland Security.
(c) EXPEDITED PROCUREMENT AUTHORITY.—(1) For any procure-
ment of property or services for use (as determined by the Secretary)
in performing, administering, or supporting biomedical counter-
measures research and development, the Secretary may, when
appropriate, use streamlined acquisition procedures and other expe-
dited procurement procedures authorized in—
(A) section 32A of the Office of Federal Procurement Policy
Act, as added by section 1443 of this Act; and
(B) section 2371 of title 10, United States Code, and section
845 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103–160; 10 U.S.C. 2371 note).
(2) Notwithstanding paragraph (1) and the provisions of law
referred to in such paragraph, each of the following provisions
shall apply to the procurements described in this subsection to
the same extent that such provisions would apply to such procure-
ments in the absence of paragraph (1):
(A) Chapter 37 of title 40, United States Code (relating
to contract work hours and safety standards).
(B) Subsections (a) and (b) of section 7 of the Anti-Kickback
Act of 1986 (41 U.S.C. 57(a) and (b)).
(C) Section 2313 of title 10, United States Code (relating
to the examination of contractor records).
(3) The Secretary shall institute appropriate internal controls
for use of the authority under paragraph (1), including requirements
for documenting the justification for each use of such authority.
(d) DEPARTMENT OF DEFENSE FACILITIES AUTHORITY.—(1) If
the Secretary determines that it is necessary to acquire, lease,
construct, or improve laboratories, research facilities, and other
real property of the Department of Defense in order to carry out
the program under this section, the Secretary may do so using
the procedures set forth in paragraphs (2), (3), (4), and (5).
10 USC 2370a
note.
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117 STAT. 1681
PUBLIC LAW 108–136—NOV. 24, 2003
(2) The Secretary shall use existing construction authorities
provided by subchapter I of chapter 169 of title 10, United States
Code, to the maximum extent possible.
(3)(A) If the Secretary determines that use of authorities in
paragraph (2) would prevent the Department from meeting a spe-
cific facility requirement for the program, the Secretary shall submit
to the congressional defense committees advance notification, which
shall include the following:
(i) Certification by the Secretary that use of existing
construction authorities would prevent the Department from
meeting the specific facility requirement.
(ii) A detailed explanation of the reasons why existing
authorities cannot be used.
(iii) A justification of the facility requirement.
(iv) Construction project data and estimated cost.
(v) Identification of the source or sources of the funds
proposed to be expended.
(B) The facility project may be carried out only after the end
of the 21-day period beginning on the date the notification is
received by the congressional defense committees.
(4) If the Secretary determines: (A) that the facility is vital
to national security or to the protection of health, safety, or the
quality of the environment; and (B) the requirement for the facility
is so urgent that the advance notification in paragraph (3) and
the subsequent 21-day deferral of the facility project would threaten
the life, health, or safety of personnel, or would otherwise jeopardize
national security, the Secretary may obligate funds for the facility
and notify the congressional defense committees within seven days
after the date on which appropriated funds are obligated with
the information required in paragraph (3).
(5) The Secretary shall submit to the congressional defense
committees a quarterly report detailing any use of the authority
provided by paragraph (4), including costs incurred or to be incurred
by the United States as a result of the use of the authority.
(6) Nothing in this section shall be construed to authorize
the Secretary to acquire, construct, lease, or improve a facility
having general utility beyond the specific purposes of the program.
(7) In this subsection, the term ‘‘facility’’ has the meaning
given the term in section 2801(c) of title 10, United States Code.
(e) AUTHORITY FOR PERSONAL SERVICES CONTRACTS.—(1) Sub-
ject to paragraph (2), the authority provided by section 1091 of
title 10, United States Code, for personal services contracts to
carry out health care responsibilities in medical treatment facilities
of the Department of Defense shall also be available, subject to
the same terms and conditions, for personal services contracts to
carry out research and development activities under this section.
The number of individuals whose personal services are obtained
under this subsection may not exceed 30 at any time.
(2) The authority provided by such section 1091 may not be
used for a personal services contract unless the contracting officer
for the contract ensures that—
(A) the services to be procured are urgent or unique; and
(B) it would not be practicable for the Department of
Defense to obtain such services by other measures.
(f) STREAMLINED PERSONNEL AUTHORITY.—(1) The Secretary
may appoint highly qualified experts, including scientific and tech-
nical personnel, to carry out research and development under this
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117 STAT. 1682
PUBLIC LAW 108–136—NOV. 24, 2003
section in accordance with the authorities provided in section 342
of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103–337; 108 Stat. 2721), section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105–261), and section 1101 of this Act.
(2) The Secretary may use the authority under paragraph (1)
only upon a determination by the Secretary that use of such
authority is necessary to accelerate the research and development
under the program.
(3) The Secretary shall institute appropriate internal controls
for each use of the authority under paragraph (1).
SEC. 1602. PROCUREMENT OF DEFENSE BIOMEDICAL COUNTER-
MEASURES.
(a) DETERMINATION OF MATERIAL THREATS.—(1) The Secretary
of Defense (in this section referred to as the ‘‘Secretary’’) shall
on an ongoing basis—
(A) assess current and emerging threats of use of biological,
chemical, radiological, and nuclear agents; and
(B) identify, on the basis of such assessment, those agents
that present a material risk of use against the Armed Forces.
(2) The Secretary shall on an ongoing basis—
(A) assess the potential consequences to the health of mem-
bers of the Armed Forces of use against the Armed Forces
of the agents identified under paragraph (1)(B); and
(B) identify, on the basis of such assessment, those agents
for which countermeasures are necessary to protect the health
of members of the Armed Forces.
(b) ASSESSMENT
OF AVAILABILITY
AND APPROPRIATENESS
OF
COUNTERMEASURES.—The Secretary shall on an ongoing basis
assess the availability and appropriateness of specific counter-
measures to address specific threats identified under subsection
(a).
(c) SECRETARY’S DETERMINATION OF COUNTERMEASURES APPRO-
PRIATE FOR PROCUREMENT.—(1) The Secretary, in accordance with
paragraph (2), shall on an ongoing basis identify specific counter-
measures that the Secretary determines to be appropriate for
procurement for the Department of Defense stockpile of biomedical
countermeasures.
(2) The Secretary may not identify a specific countermeasure
under paragraph (1) unless the Secretary determines that—
(A) the countermeasure is a qualified countermeasure; and
(B) it is reasonable to expect that producing and delivering,
within 5 years, the quantity of that countermeasure required
to meet the needs of the Department (as determined by the
Secretary) is feasible.
(d) INTERAGENCY COOPERATION.—(1) Activities of the Secretary
under this section shall be carried out in regular, structured, and
close consultation and coordination with the Secretaries of Home-
land Security and Health and Human Services, including the activi-
ties described in subsections (a), (b), and (c) and those activities
with respect to interagency agreements described in paragraph
(2).
(2) The Secretary may enter into an interagency agreement
with the Secretaries of Homeland Security and Health and Human
Services to provide for acquisition by the Secretary of Defense
10 USC 2302
note.
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117 STAT. 1683
PUBLIC LAW 108–136—NOV. 24, 2003
for use by the Armed Forces of biomedical countermeasures pro-
cured for the Strategic National Stockpile by the Secretary of Health
and Human Services. The Secretary may transfer such funds to
the Secretary of Health and Human Services as are necessary
to carry out such agreements (including administrative costs of
the Secretary of Health and Human Services), and the Secretary
of Health and Human Services may expend any such transferred
funds to procure such countermeasures for use by the Armed Forces,
or to replenish the stockpile. The Secretaries are authorized to
establish such terms and conditions for such agreements as the
Secretaries determine to be in the public interest. The transfer
authority provided under this paragraph is in addition to any
other transfer authority available to the Secretary.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘qualified countermeasure’’ means a bio-
medical countermeasure—
(A) that is approved under section 505(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355) or licensed
under section 351 of the Public Health Service Act (42
U.S.C. 262), or that is approved under section 515 or
cleared under section 510(k) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360e and 360) for use as
such a countermeasure to a biological, chemical, radio-
logical, or nuclear agent identified as a material threat
under subsection (a); or
(B) with respect to which the Secretary of Health and
Human Services makes a determination that sufficient and
satisfactory clinical experience or research data (including
data, if available, from preclinical and clinical trials) exists
to support a reasonable conclusion that the product will
qualify for such approval or licensing for use as such a
countermeasure.
(2) The term ‘‘biomedical countermeasure’’ means a drug
(as defined in section 201(g)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(g)(1))), device (as defined
in section 201(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(h))), or biological product (as defined in
section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)))
that is—
(A) used to treat, identify, or prevent harm from any
biological, chemical, radiological, or nuclear agent that may
cause a military health emergency affecting the Armed
Forces; or
(B) used to treat, identify, or prevent harm from a
condition that may result in adverse health consequences
or death and may be caused by administering a drug or
biological product that is used as described in subparagraph
(A).
(3) The term ‘‘Strategic National Stockpile’’ means the
stockpile established under section 121(a) of the Public Health
and Bioterrorism Preparedness and Response Act of 2002 (42
U.S.C. 300hh–12(a)).
(f) FUNDING.—Of the amount authorized to be appropriated
for the Department of Defense and available within the transfer
authority established under section 1001 of this Act for fiscal year
2004 and for each fiscal year thereafter, such sums are authorized
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117 STAT. 1684
PUBLIC LAW 108–136—NOV. 24, 2003
as may be necessary for the costs incurred by the Secretary in
the procurement of countermeasures under this section.
SEC. 1603. AUTHORIZATION FOR MEDICAL PRODUCTS FOR USE IN
EMERGENCIES.
(a) IN GENERAL.—Subchapter E of chapter V of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended
by adding at the end the following section:
‘‘SEC. 564. AUTHORIZATION FOR MEDICAL PRODUCTS FOR USE IN
EMERGENCIES.
‘‘(a) IN GENERAL.—
‘‘(1) EMERGENCY
USES.—Notwithstanding sections 505,
510(k), and 515 of this Act and section 351 of the Public
Health Service Act, and subject to the provisions of this section,
the Secretary may authorize the introduction into interstate
commerce, during the effective period of a declaration under
subsection (b), of a drug, device, or biological product intended
for use in an actual or potential emergency (referred to in
this section as an ‘emergency use’).
‘‘(2) APPROVAL
STATUS
OF
PRODUCT.—An authorization
under paragraph (1) may authorize an emergency use of a
product that—
‘‘(A) is not approved, licensed, or cleared for commercial
distribution under a provision of law referred to in such
paragraph (referred to in this section as an ‘unapproved
product’); or
‘‘(B) is approved, licensed, or cleared under such a
provision, but which use is not under such provision an
approved, licensed, or cleared use of the product (referred
to in this section as an ‘unapproved use of an approved
product’).
‘‘(3) RELATION TO OTHER USES.—An emergency use author-
ized under paragraph (1) for a product is in addition to any
other use that is authorized for the product under a provision
of law referred to in such paragraph.
‘‘(4) DEFINITIONS.—For purposes of this section:
‘‘(A) The term ‘biological product’ has the meaning
given such term in section 351 of the Public Health Service
Act.
‘‘(B) The term ‘emergency use’ has the meaning
indicated for such term in paragraph (1).
‘‘(C) The term ‘product’ means a drug, device, or
biological product.
‘‘(D) The term ‘unapproved product’ has the meaning
indicated for such term in paragraph (2)(A).
‘‘(E) The term ‘unapproved use of an approved product’
has the meaning indicated for such term in paragraph
(2)(B).
‘‘(b) DECLARATION OF EMERGENCY.—
‘‘(1) IN GENERAL.—The Secretary may declare an emergency
justifying the authorization under this subsection for a product
on the basis of a determination by the Secretary of Defense
that there is a military emergency, or a significant potential
for a military emergency, involving a heightened risk to United
States military forces of attack with a specified biological, chem-
ical, radiological, or nuclear agent or agents.
‘‘(2) TERMINATION OF DECLARATION.—
21 USC 360bbb–
3.
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‘‘(A) IN GENERAL.—A declaration under this subsection
shall terminate upon the earlier of—
‘‘(i) a determination by the Secretary, in consulta-
tion with the Secretary of Defense, that the cir-
cumstances described in paragraph (1) have ceased
to exist; or
‘‘(ii) the expiration of the one-year period beginning
on the date on which the declaration is made.
‘‘(B) RENEWAL.—Notwithstanding subparagraph (A),
the Secretary may renew a declaration under this sub-
section, and this paragraph shall apply to any such
renewal.
‘‘(C) DISPOSITION
OF
PRODUCT.—If an authorization
under this section with respect to an unapproved product
ceases to be effective as a result of a termination under
subparagraph (A) of this paragraph, the Secretary shall
consult with the manufacturer of such product with respect
to the appropriate disposition of the product.
‘‘(3) ADVANCE
NOTICE
OF
TERMINATION.—The Secretary
shall provide advance notice that a declaration under this sub-
section will be terminated. The period of advance notice shall
be a period reasonably determined to provide—
‘‘(A) in the case of an unapproved product, a sufficient
period for disposition of the product, including the return
of such product (except such quantities of product as are
necessary to provide for continued use consistent with sub-
section (f)(2)) to the manufacturer (in the case of a manufac-
turer that chooses to have such product returned); and
‘‘(B) in the case of an unapproved use of an approved
product, a sufficient period for the disposition of any
labeling, or any information under subsection (e)(2)(B)(ii),
as the case may be, that was provided with respect to
the emergency use involved.
‘‘(4) PUBLICATION.—The Secretary shall promptly publish
in the Federal Register each declaration, determination,
advance notice of termination, and renewal under this sub-
section.
‘‘(c) CRITERIA FOR ISSUANCE OF AUTHORIZATION.—The Secretary
may issue an authorization under this section with respect to the
emergency use of a product only if, after consultation with the
Director of the National Institutes of Health and the Director of
the Centers for Disease Control and Prevention (to the extent
feasible and appropriate given the circumstances of the emergency
involved), the Secretary concludes—
‘‘(1) that an agent specified in a declaration under sub-
section (b) can cause a serious or life-threatening disease or
condition;
‘‘(2) that, based on the totality of scientific evidence avail-
able to the Secretary, including data from adequate and well-
controlled clinical trials, if available, it is reasonable to believe
that—
‘‘(A) the product may be effective in diagnosing,
treating, or preventing—
‘‘(i) such disease or condition; or
‘‘(ii) a serious or life-threatening disease or condi-
tion caused by a product authorized under this section,
approved or cleared under this Act, or licensed under
Federal Register,
publication.
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117 STAT. 1686
PUBLIC LAW 108–136—NOV. 24, 2003
section 351 of the Public Health Service Act, for diag-
nosing, treating, or preventing such a disease or condi-
tion caused by such an agent; and
‘‘(B) the known and potential benefits of the product,
when used to diagnose, prevent, or treat such disease or
condition, outweigh the known and potential risks of the
product;
‘‘(3) that there is no adequate, approved, and available
alternative to the product for diagnosing, preventing, or treating
such disease or condition; and
‘‘(4) that such other criteria as the Secretary may by regula-
tion prescribe are satisfied.
‘‘(d) SCOPE OF AUTHORIZATION.—An authorization of a product
under this section shall state—
‘‘(1) each disease or condition that the product may be
used to diagnose, prevent, or treat within the scope of the
authorization;
‘‘(2) the Secretary’s conclusions, made under subsection
(c)(2)(B), that the known and potential benefits of the product,
when used to diagnose, prevent, or treat such disease or condi-
tion, outweigh the known and potential risks of the product;
and
‘‘(3) the Secretary’s conclusions, made under subsection
(c), concerning the safety and potential effectiveness of the
product in diagnosing, preventing, or treating such diseases
or conditions, including an assessment of the available scientific
evidence.
‘‘(e) CONDITIONS OF AUTHORIZATION.—
‘‘(1) UNAPPROVED PRODUCT.—
‘‘(A) REQUIRED CONDITIONS.—With respect to the emer-
gency use of an unapproved product, the Secretary, to
the extent practicable given the circumstances of the emer-
gency, shall, for a person who carries out any activity
for which the authorization is issued, establish such condi-
tions on an authorization under this section as the Sec-
retary finds necessary or appropriate to protect the public
health, including the following:
‘‘(i) Appropriate conditions designed to ensure that
health care professionals administering the product
are informed—
‘‘(I) that the Secretary has authorized the
emergency use of the product;
‘‘(II) of the significant known and potential
benefits and risks of the emergency use of the
product, and of the extent to which such benefits
and risks are unknown; and
‘‘(III) of the alternatives to the product that
are available, and of their benefits and risks.
‘‘(ii) Appropriate conditions designed to ensure that
individuals to whom the product is administered are
informed—
‘‘(I) that the Secretary has authorized the
emergency use of the product;
‘‘(II) of the significant known and potential
benefits and risks of such use, and of the extent
to which such benefits and risks are unknown;
and
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117 STAT. 1687
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(III) of the option to accept or refuse adminis-
tration of the product, of the consequences, if any,
of refusing administration of the product, and of
the alternatives to the product that are available
and of their benefits and risks.
‘‘(iii) Appropriate conditions for the monitoring and
reporting of adverse events associated with the emer-
gency use of the product.
‘‘(iv) For manufacturers of the product, appropriate
conditions concerning recordkeeping and reporting,
including records access by the Secretary, with respect
to the emergency use of the product.
‘‘(B) AUTHORITY
FOR
ADDITIONAL
CONDITIONS.—With
respect to the emergency use of an unapproved product,
the Secretary may, for a person who carries out any activity
for which the authorization is issued, establish such condi-
tions on an authorization under this section as the Sec-
retary finds necessary or appropriate to protect the public
health, including the following:
‘‘(i) Appropriate conditions on which entities may
distribute the product with respect to the emergency
use of the product (including limitation to distribution
by government entities), and on how distribution is
to be performed.
‘‘(ii) Appropriate conditions on who may administer
the product with respect to the emergency use of the
product, and on the categories of individuals to whom,
and the circumstances under which, the product may
be administered with respect to such use.
‘‘(iii) Appropriate conditions with respect to the
collection and analysis of information, during the
period when the authorization is in effect, concerning
the safety and effectiveness of the product with respect
to the emergency use of such product.±
‘‘(iv) For persons other than manufacturers of the
product, appropriate conditions concerning record-
keeping and reporting, including records access by the
Secretary, with respect to the emergency use of the
product.
‘‘(2) UNAPPROVED USE.—With respect to the emergency use
of a product that is an unapproved use of an approved product:
‘‘(A) For a manufacturer of the product who carries
out any activity for which the authorization is issued, the
Secretary shall, to the extent practicable given the cir-
cumstances 
of 
the 
emergency, 
establish 
conditions
described in clauses (i) and (ii) of paragraph (1)(A), and
may establish conditions described in clauses (iii) and (iv)
of such paragraph.
‘‘(B)(i) If the authorization under this section regarding
the emergency use authorizes a change in the labeling
of the product, but the manufacturer of the product chooses
not to make such change, such authorization may not
authorize distributors of the product or any other person
to alter or obscure the labeling provided by the manufac-
turer.
‘‘(ii) In the circumstances described in clause (i), for
a person who does not manufacture the product and who
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117 STAT. 1688
PUBLIC LAW 108–136—NOV. 24, 2003
chooses to act under this clause, an authorization under
this section regarding the emergency use shall, to the
extent practicable given the circumstances of the emer-
gency, authorize such person to provide appropriate
information with respect to such product in addition to
the labeling provided by the manufacturer, subject to
compliance with clause (i). While the authorization under
this section is effective, such additional information shall
not be considered labeling for purposes of section 502.
‘‘(C) The Secretary may establish with respect to the
distribution and administration of the product for the
unapproved use conditions no more restrictive than those
established by the Secretary with respect to the distribution
and administration of the product for the approved use.
‘‘(3) GOOD MANUFACTURING PRACTICE.—With respect to the
emergency use of a product for which an authorization under
this section is issued (whether an unapproved product or an
unapproved use of an approved product), the Secretary may
waive or limit, to the extent appropriate given the cir-
cumstances of the emergency, requirements regarding current
good manufacturing practice otherwise applicable to the manu-
facture, processing, packing, or holding of products subject to
regulation under this Act, including such requirements estab-
lished under section 501.
‘‘(4) ADVERTISING.—The Secretary may establish conditions
on advertisements and other promotional descriptive printed
matter that relate to the emergency use of a product for which
an authorization under this section is issued (whether an
unapproved product or an unapproved use of an approved
product), including, as appropriate—
‘‘(A) with respect to drugs and biological products,
requirements applicable to prescription drugs pursuant to
section 502(n); or
‘‘(B) with respect to devices, requirements applicable
to restricted devices pursuant to section 502(r).
‘‘(f) DURATION OF AUTHORIZATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
an authorization under this section shall be effective until
the earlier of the termination of the declaration under sub-
section (b) or a revocation under subsection (g).
‘‘(2) CONTINUED USE AFTER END OF EFFECTIVE PERIOD.—
Notwithstanding the termination of the declaration under sub-
section (b) or a revocation under subsection (g), an authorization
shall continue to be effective to provide for continued use of
an unapproved product with respect to a patient to whom
it was administered during the period described by paragraph
(1), to the extent found necessary by such patient’s attending
physician.
‘‘(g) REVOCATION OF AUTHORIZATION.—
‘‘(1) REVIEW.—The Secretary shall periodically review the
circumstances and the appropriateness of an authorization
under this section.
‘‘(2) REVOCATION.—The Secretary may revoke an authoriza-
tion under this section if the criteria under subsection (c) for
issuance of such authorization are no longer met or other
circumstances make such revocation appropriate to protect the
public health or safety.
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117 STAT. 1689
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(h) PUBLICATION; CONFIDENTIAL INFORMATION.—
‘‘(1) PUBLICATION.—The Secretary shall promptly publish
in the Federal Register a notice of each authorization, and
each termination or revocation of an authorization under this
section, and an explanation of the reasons therefor (which
may include a summary of data or information that has been
submitted to the Secretary in an application under section
505(i) or section 520(g), even if such summary may indirectly
reveal the existence of such application).
‘‘(2) CONFIDENTIAL INFORMATION.—Nothing in this section
alters or amends section 1905 of title 18, United States Code,
or section 552(b)(4) of title 5 of such Code.
‘‘(i) ACTIONS COMMITTED
TO AGENCY DISCRETION.—Actions
under the authority of this section by the Secretary or by the
Secretary of Defense are committed to agency discretion.
‘‘(j) RULES
OF CONSTRUCTION.—The following applies with
respect to this section:
‘‘(1) Nothing in this section impairs the authority of the
President as Commander in Chief of the Armed Forces of
the United States under article II, section 2 of the United
States Constitution.
‘‘(2) Nothing in this section impairs the authority of the
Secretary of Defense with respect to the Department of Defense,
including the armed forces, under other provisions of Federal
law.
‘‘(3) Nothing in this section (including any exercise of
authority by a manufacturer under subsection (e)(2)) impairs
the authority of the United States to use or manage quantities
of a product that are owned or controlled by the United States
(including quantities in the stockpile maintained under section
319F–2 of the Public Health Service Act).
‘‘(k) RELATION TO OTHER PROVISIONS.—If a product is the sub-
ject of an authorization under this section, the use of such product
within the scope of the authorization shall not be considered to
constitute a clinical investigation for purposes of section 505(i),
section 520(g), or any other provision of this Act or section 351
of the Public Health Service Act.
‘‘(l) OPTION TO CARRY OUT AUTHORIZED ACTIVITIES.—Nothing
in this section provides the Secretary any authority to require
any person to carry out any activity that becomes lawful pursuant
to an authorization under this section, and no person is required
to inform the Secretary that the person will not be carrying out
such activity, except that a manufacturer of a sole-source
unapproved product authorized for emergency use shall report to
the Secretary within a reasonable period of time after the issuance
by the Secretary of such authorization if such manufacturer does
not intend to carry out any activity under the authorization. This
section only has legal effect on a person who carries out an activity
for which an authorization under this section is issued. This section
does not modify or affect activities carried out pursuant to other
provisions of this Act or section 351 of the Public Health Service
Act. Nothing in this subsection may be construed as restricting
the Secretary from imposing conditions on persons who carry out
any activity pursuant to an authorization under this section.’’.
(b) EMERGENCY USE PRODUCTS.—(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1107
the following new section:
Federal Register,
publication.
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117 STAT. 1690
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘§ 1107a. Emergency use products
‘‘(a) WAIVER BY THE PRESIDENT.—In the case of the administra-
tion of a product authorized for emergency use under section 564
of the Federal Food, Drug, and Cosmetic Act to members of the
armed forces, the condition described in section 564(e)(1)(A)(ii)(III)
of such Act and required under paragraph (1)(A) or (2)(A) of such
section 564(e), designed to ensure that individuals are informed
of an option to accept or refuse administration of a product, may
be waived only by the President only if the President determines,
in writing, that complying with such requirement is not feasible,
is contrary to the best interests of the members affected, or is
not in the interests of national security.
‘‘(b) PROVISION OF INFORMATION.—If the President, under sub-
section 
(a), 
waives 
the 
condition 
described 
in 
section
564(e)(1)(A)(ii)(III) of the Federal Food, Drug, and Cosmetic Act,
and if the Secretary of Defense, in consultation with the Secretary
of Health and Human Services, makes a determination that it
is not feasible based on time limitations for the information
described in section 564(e)(1)(A)(ii)(I) or (II) of such Act and required
under paragraph (1)(A) or (2)(A) of such section 564(e), to be pro-
vided to a member of the armed forces prior to the administration
of the product, such information shall be provided to such member
of the armed forces (or next-of-kin in the case of the death of
a member) to whom the product was administered as soon as
possible, but not later than 30 days, after such administration.
The authority provided for in this subsection may not be delegated.
Information concerning the administration of the product shall be
recorded in the medical record of the member.
‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—In the case of an
authorization by the Secretary of Health and Human Services under
section 564(a)(1) of the Federal Food, Drug, and Cosmetic Act
based on a determination by the Secretary of Defense under section
564(b)(1)(B) of such Act, subsections (a) through (f) of section 1107
shall not apply to the use of a product that is the subject of
such authorization, within the scope of such authorization and
while such authorization is effective.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1107
the following new item:
‘‘1107a. Emergency use products.’’.
(c) ENFORCEMENT.—Section 301(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331(d)) is amended by striking ‘‘section
404 or 505’’ and inserting ‘‘section 404, 505, or 564’’. Section 301(e)
of such Act is amended by inserting ‘‘564,’’ after ‘‘504,’’ the first
place such term appears, and by striking ‘‘or 519’’ and inserting
‘‘519, or 564’’.
(d) TERMINATION.—This section shall not be in effect (and the
law shall read as if this section were never enacted) as of the
date on which, following enactment of the Project Bioshield Act
of 2003, the President submits to Congress a notification that
the Project Bioshield Act of 2003 provides an effective emergency
use authority with respect to members of the Armed Forces.
10 USC 1107a
note.
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117 STAT. 1691
PUBLIC LAW 108–136—NOV. 24, 2003
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.
SEC. 1701. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE
IN THE ARMED FORCES OF THE UNITED STATES.
(a) REDUCTION
OF PERIOD
FOR REQUIRED SERVICE.—Section
328(a) of the Immigration and Nationality Act (8 U.S.C. 1439(a))
is amended by striking ‘‘three years,’’ and inserting ‘‘one year,’’.
(b) PROHIBITION ON IMPOSITION OF FEES RELATING TO NATU-
RALIZATION.—Title III of the Immigration and Nationality Act (8
U.S.C. 1401 et seq.) is amended—
(1) in section 328(b)—
(A) in paragraph (3)—
(i) by striking ‘‘honorable. The’’ and inserting
‘‘honorable (the’’; and
(ii) by striking ‘‘discharge.’’ and inserting ‘‘dis-
charge); and’’; and
(B) by adding at the end the following:
‘‘(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing the
application, or for the issuance of a certificate of naturalization
upon being granted citizenship, and no clerk of any State
court shall charge or collect any fee for such services unless
the laws of the State require such charge to be made, in
which case nothing more than the portion of the fee required
to be paid to the State shall be charged or collected.’’; and
(2) in section 329(b)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing a
petition for naturalization or for the issuance of a certificate
of naturalization upon citizenship being granted to the
applicant, and no clerk of any State court shall charge or
collect any fee for such services unless the laws of the State
require such charge to be made, in which case nothing more
than the portion of the fee required to be paid to the State
shall be charged or collected.’’.
(c) REVOCATION OF CITIZENSHIP FOR SEPARATION FROM MILI-
TARY SERVICE UNDER OTHER THAN HONORABLE CONDITIONS.—
(1) IN GENERAL.—Title III of the Immigration and Nation-
ality Act (8 U.S.C. 1401 et seq.) is amended—
(A) by adding at the end of section 328 the following:
8 USC 1440.
8 USC 1439.
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117 STAT. 1692
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(f) Citizenship granted pursuant to this section may be revoked
in accordance with section 340 if the person is separated from
the Armed Forces under other than honorable conditions before
the person has served honorably for a period or periods aggregating
five years. Such ground for revocation shall be in addition to any
other provided by law, including the grounds described in section
340. The fact that the naturalized person was separated from the
service under other than honorable conditions shall be proved by
a duly authenticated certification from the executive department
under which the person was serving at the time of separation.
Any period or periods of service shall be proved by duly authenti-
cated copies of the records of the executive departments having
custody of the records of such service.’’; and
(B) by amending section 329(c) to read as follows:
‘‘(c) Citizenship granted pursuant to this section may be revoked
in accordance with section 340 if the person is separated from
the Armed Forces under other than honorable conditions before
the person has served honorably for a period or periods aggregating
five years. Such ground for revocation shall be in addition to any
other provided by law, including the grounds described in section
340. The fact that the naturalized person was separated from the
service under other than honorable conditions shall be proved by
a duly authenticated certification from the executive department
under which the person was serving at the time of separation.
Any period or periods of service shall be proved by duly authenti-
cated copies of the records of the executive departments having
custody of the records of such service.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall apply to citizenship granted on or after the date
of the enactment of this Act.
(d) NATURALIZATION PROCEEDINGS OVERSEAS FOR MEMBERS OF
THE ARMED FORCES.—Notwithstanding any other provision of law,
the Secretary of Homeland Security, the Secretary of State, and
the Secretary of Defense shall ensure that any applications, inter-
views, filings, oaths, ceremonies, or other proceedings under title
III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.)
relating to naturalization of members of the Armed Forces are
available through United States embassies, consulates, and as prac-
ticable, United States military installations overseas.
(e) FINALIZATION OF NATURALIZATION PROCEEDINGS FOR MEM-
BERS OF THE ARMED FORCES.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
prescribe a policy that facilitates the opportunity for a member
of the Armed Forces to finalize naturalization for which the member
has applied. The policy shall include, for such purpose, the following:
(1) A high priority for grant of emergency leave.
(2) A high priority for transportation on aircraft of, or
chartered by, the Armed Forces.
(f) 
TECHNICAL
AND
CONFORMING
AMENDMENT.—Section
328(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1439(b)(3)) is amended by striking ‘‘Attorney General’’ and inserting
‘‘Secretary of Homeland Security’’.
8 USC 1443a
note.
Availability.
8 USC 1443a.
8 USC 1439 note.
8 USC 1440.
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117 STAT. 1693
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 1702. NATURALIZATION BENEFITS FOR MEMBERS OF THE
SELECTED RESERVE OF THE READY RESERVE.
Section 329(a) of the Immigration and Nationality Act (8 U.S.C.
1440(a)) is amended by inserting ‘‘as a member of the Selected
Reserve of the Ready Reserve or’’ after ‘‘has served honorably’’.
SEC. 1703. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING
SPOUSES, CHILDREN, AND PARENTS.
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) SPOUSES.—Notwithstanding the second sentence of sec-
tion 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the
spouse of a citizen of the United States at the time of the
citizen’s death and was not legally separated from the citizen
at the time of the citizen’s death, if the citizen served honorably
in an active duty status in the military, air, or naval forces
of the United States and died as a result of injury or disease
incurred in or aggravated by combat, the alien (and each child
of the alien) shall be considered, for purposes of section 201(b)
of such Act, to remain an immediate relative after the date
of the citizen’s death, but only if the alien files a petition
under section 204(a)(1)(A)(ii) of such Act within 2 years after
such date and only until the date the alien remarries. For
purposes of such section 204(a)(1)(A)(ii), an alien granted relief
under the preceding sentence shall be considered an alien
spouse described in the second sentence of section 201(b)(2)(A)(i)
of such Act.
(2) CHILDREN.—
(A) IN GENERAL.—In the case of an alien who was
the child of a citizen of the United States at the time
of the citizen’s death, if the citizen served honorably in
an active duty status in the military, air, or naval forces
of the United States and died as a result of injury or
disease incurred in or aggravated by combat, the alien
shall be considered, for purposes of section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)), to
remain an immediate relative after the date of the citizen’s
death (regardless of changes in age or marital status there-
after), but only if the alien files a petition under subpara-
graph (B) within 2 years after such date.
(B) PETITIONS.—An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such
a petition shall be considered a petition filed under section
204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
(3) PARENTS.—
(A) IN GENERAL.—In the case of an alien who was
the parent of a citizen of the United States at the time
of the citizen’s death, if the citizen served honorably in
an active duty status in the military, air, or naval forces
of the United States and died as a result of injury or
disease incurred in or aggravated by combat, the alien
shall be considered, for purposes of section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)), to
remain an immediate relative after the date of the citizen’s
8 USC 1151 note.
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death (regardless of changes in age or marital status there-
after), but only if the alien files a petition under subpara-
graph (B) within 2 years after such date.
(B) PETITIONS.—An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such
a petition shall be considered a petition filed under section
204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
(C) 
EXCEPTION.—Notwithstanding 
section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)), for purposes of this paragraph, a
citizen described in subparagraph (A) does not have to
be 21 years of age for a parent to benefit under this
paragraph.
(b) APPLICATIONS FOR ADJUSTMENT OF STATUS BY SURVIVING
SPOUSES, CHILDREN, AND PARENTS.—
(1) IN GENERAL.—Notwithstanding subsections (a) and (c)
of section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), any alien who was the spouse, child, or parent of an
alien described in paragraph (2), and who applied for adjust-
ment of status prior to the death described in paragraph (2)(B),
may have such application adjudicated as if such death had
not occurred.
(2) ALIEN DESCRIBED.—An alien is described in this para-
graph if the alien—
(A) served honorably in an active duty status in the
military, air, or naval forces of the United States;
(B) died as a result of injury or disease incurred in
or aggravated by combat; and
(C) was granted posthumous citizenship under section
329A of the Immigration and Nationality Act (8 U.S.C.
1440–1).
(c) SPOUSES AND CHILDREN OF LAWFUL PERMANENT RESIDENT
ALIENS.—
(1) TREATMENT AS IMMEDIATE RELATIVES.—
(A) IN
GENERAL.—A spouse or child of an alien
described in paragraph (3) who is included in a petition
for classification as a family-sponsored immigrant under
section 203(a)(2) of the Immigration and Nationality Act
(8 U.S.C. 1153(a)(2)) that was filed by such alien, shall
be considered (if the spouse or child has not been admitted
or approved for lawful permanent residence by such date)
a valid petitioner for immediate relative status under sec-
tion 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall be
eligible for deferred action, advance parole, and work
authorization.
(B) PETITIONS.—An alien spouse or child described in
subparagraph (A) may file a petition with the Secretary
of Homeland Security for classification of the alien under
section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
8 USC 1151 note.
8 USC 1151 note.
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(2) SELF-PETITIONS.—Any spouse or child of an alien
described in paragraph (3) who is not a beneficiary of a petition
for classification as a family-sponsored immigrant may file a
petition for such classification under section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))
with the Secretary of Homeland Security, but only if the spouse
or child files a petition within 2 years after such date. Such
spouse or child shall be eligible for deferred action, advance
parole, and work authorization.
(3) ALIEN DESCRIBED.—An alien is described in this para-
graph if the alien—
(A) served honorably in an active duty status in the
military, air, or naval forces of the United States;
(B) died as a result of injury or disease incurred in
or aggravated by combat; and
(C) was granted posthumous citizenship under section
329A of the Immigration and Nationality Act (8 U.S.C.
1440–1).
(d) PARENTS OF LAWFUL PERMANENT RESIDENT ALIENS.—
(1) SELF-PETITIONS.—Any parent of an alien described in
paragraph (2) may file a petition for classification under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)), but only if the parent files a petition within
2 years after such date. For purposes of such Act, such petition
shall be considered a petition filed under section 204(a)(1)(A)
of such Act (8 U.S.C. 1154(a)(1)(A)). Such parent shall be
eligible for deferred action, advance parole, and work authoriza-
tion.
(2) ALIEN DESCRIBED.—An alien is described in this para-
graph if the alien—
(A) served honorably in an active duty status in the
military, air, or naval forces of the United States;
(B) died as a result of injury or disease incurred in
or aggravated by combat; and
(C) was granted posthumous citizenship under section
329A of the Immigration and Nationality Act (8 U.S.C.
1440–1).
(e) WAIVER OF GROUND FOR INADMISSIBILITY.—In determining
the admissibility of any alien accorded an immigration benefit under
this section for purposes of the Immigration and Nationality Act,
the ground for inadmissibility specified in section 212(a)(4) of such
Act (8 U.S.C. 1182(a)(4)) shall not apply.
(f) NATURALIZATION FOR SURVIVING SPOUSES.—
(1) IN GENERAL.—Section 319(d) of the Immigration and
Nationality Act (8 U.S.C. 1430(d)) is amended by adding at
the end the following: ‘‘For purposes of this subsection, the
terms ‘United States citizen’ and ‘citizen spouse’ include a per-
son granted posthumous citizenship under section 329A.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply with respect to persons granted posthumous
citizenship under section 329A of the Immigration and Nation-
ality Act (8 U.S.C. 1440–1) due to death on or after September
11, 2001.
(g) BENEFITS TO SURVIVORS; TECHNICAL AMENDMENT.—Section
329A of the Immigration and Nationality Act (8 U.S.C. 1440–1)
is amended—
(1) by striking subsection (e); and
8 USC 1430 note.
8 USC 1151 note.
Deadline.
8 USC 1151 note.
Deadline.
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117 STAT. 1696
PUBLIC LAW 108–136—NOV. 24, 2003
(2) by striking ‘‘Attorney General’’ each place that term
appears and inserting ‘‘Secretary of Homeland Security’’.
(h) TECHNICAL AND CONFORMING AMENDMENTS.—Section 319(d)
of the Immigration and Nationality Act (8 U.S.C. 1430(d)) is
amended—
(1) by inserting ‘‘, child, or parent’’ after ‘‘surviving spouse’’;
(2) by inserting ‘‘, parent, or child’’ after ‘‘whose citizen
spouse’’; and
(3) by striking ‘‘who was living’’ and inserting ‘‘who, in
the case of a surviving spouse, was living’’.
SEC. 1704. EXPEDITED PROCESS FOR GRANTING POSTHUMOUS CITI-
ZENSHIP TO MEMBERS OF THE ARMED FORCES.
Section 329A of the Immigration and Nationality Act (8 U.S.C.
1440–1) is amended—
(1) by striking subsection (c) and inserting the following:
‘‘(c) REQUESTS FOR POSTHUMOUS CITIZENSHIP.—
‘‘(1) IN GENERAL.—A request for the granting of posthumous
citizenship to a person described in subsection (b) may be
filed on behalf of that person—
‘‘(A) upon locating the next-of-kin, and if so requested
by the next-of-kin, by the Secretary of Defense or the
Secretary’s designee with the Bureau of Citizenship and
Immigration Services in the Department of Homeland Secu-
rity immediately upon the death of that person; or
‘‘(B) by the next-of-kin.
‘‘(2) APPROVAL.—The Director of the Bureau of Citizenship
and Immigration Services shall approve a request for post-
humous citizenship filed by the next-of-kin in accordance with
paragraph (1)(B) if—
‘‘(A) the request is filed not later than 2 years after—
‘‘(i) the date of enactment of this section; or
‘‘(ii) the date of the person’s death;
whichever date is later;
‘‘(B) the request is accompanied by a duly authenti-
cated certificate from the executive department under
which the person served which states that the person satis-
fied the requirements of paragraphs (1) and (2) of sub-
section (b); and
‘‘(C) the Director finds that the person satisfied the
requirement of subsection (b)(3).’’; and
(2) by striking subsection (d) and inserting the following:
‘‘(d) DOCUMENTATION
OF POSTHUMOUS CITIZENSHIP.—If the
Director of the Bureau of Citizenship and Immigration Services
approves the request referred to in subsection (c), the Director
shall send to the next-of-kin of the person who is granted citizen-
ship, a suitable document which states that the United States
considers the person to have been a citizen of the United States
at the time of the person’s death.’’.
SEC. 1705. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection (b), this
title and the amendments made by this title shall take effect
as if enacted on September 11, 2001.
(b) EXCEPTION.—The amendments made by sections 1701(b)
(relating to naturalization fees) and 1701(d) (relating to naturaliza-
tion proceedings overseas) shall take effect on October 1, 2004.
8 USC 1439 note.
8 USC 1439 note.
Deadline.
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PUBLIC LAW 108–136—NOV. 24, 2003
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construction
Authorization Act for Fiscal Year 2004’’.
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.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the installations
and locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
State
Installation or location
Amount
Alabama ..............................
Redstone Arsenal .........................
$5,500,000
Alaska .................................
Fort Richardson ............................
$2,500,000
Fort Wainwright ...........................
$138,800,000
Colorado ..............................
Fort Carson ...................................
$2,150,000
Georgia ................................
Fort Benning ................................
$34,500,000
Fort Gordon ..................................
$4,350,000
Fort Stewart/Hunter Army Air
Field ...........................................
$113,500,000
Hawaii .................................
Helemano Military Reservation ..
$1,400,000
Schofield Barracks .......................
$128,100,000
Kansas ................................
Fort Leavenworth .........................
$115,000,000
Fort Riley ......................................
$40,000,000
Kentucky .............................
Fort Knox ......................................
$13,500,000
Louisiana ............................
Fort Polk .......................................
$72,000,000
Maryland ............................
Fort Meade ...................................
$9,600,000
Massachusetts ....................
Soldier Systems Center, Natick ..
$5,500,000
New Jersey .........................
Naval Air Engineering Center,
Lakehurst ..................................
$2,250,000
Picatinny Arsenal .........................
$8,000,000
New York ............................
Fort Drum .....................................
$130,700,000
North Carolina ...................
Fort Bragg ....................................
$125,400,000
Oklahoma ...........................
Fort Sill .........................................
$5,500,000
Texas ...................................
Fort Bliss ......................................
$5,400,000
Fort Hood ......................................
$49,800,000
Virginia ...............................
Fort Belvoir ...................................
$7,000,000
Fort Lee .........................................
$3,850,000
Fort Myer ......................................
$9,000,000
Military
Construction
Authorization
Act for Fiscal
Year 2004.
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Army: Inside the United States—Continued
State
Installation or location
Amount
Washington .........................
Fort Lewis .....................................
$3,900,000
Total .......................................
$1,037,200,000
(b) OUTSIDE THE UNITED STATES.—Subject to subsection (c),
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(2), the Secretary of the Army may
acquire real property and carry out military construction projects
for the installations and locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
Country
Installation or location
Amount
Germany ...............................
Grafenwoehr ...................................
$76,000,000
Vilseck .............................................
$31,000,000
Italy .......................................
Aviano Air Base ..............................
$28,500,000
Livorno ............................................
$22,000,000
Korea .....................................
Camp Humphreys ..........................
$65,000,000
Kwajalein ..............................
Kwajalein ........................................
$9,400,000
Total ................................................
$231,900,000
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Army: Family Housing
State or Country
Installation or location
Purpose
Amount
Alaska ..........................
Fort Wainwright .............
140 Units ....
$64,000,000
Arizona ........................
Fort Huachuca ................
220 Units ....
$41,000,000
Kansas .........................
Fort Riley .........................
62 Units ....
$16,700,000
Kentucky .....................
Fort Knox .........................
178 Units ....
$41,000,000
New Mexico .................
White Sands Missile
Range ............................
58 Units ....
$14,600,000
Oklahoma ....................
Fort Sill ............................
120 Units ....
$25,373,000
Virginia ........................
Fort Lee ...........................
90 Units ....
$18,000,000
Total: ....
$220,673,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units
in an amount not to exceed $34,488,000.
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PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(5)(A), the Secretary of the Army may
improve existing military family housing units in an amount not
to exceed $130,430,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2003, for
military construction, land acquisition, and military family housing
functions of the Department of the Army in the total amount
of $2,874,856,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $825,200,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $213,000,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $32,606,000.
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$126,833,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $383,591,000.
(B) For support of military family housing (including
the functions described in section 2833 of title 10, United
States Code), $1,043,026,000.
(6) For the construction of phase 3 of Saddle Access Road,
Pohakoula Training Facility, Hawaii, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B 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–389)), as
amended by section 2107 of this Act, $17,000,000.
(7) For the construction of phase 4 of a barracks complex,
Butner Road, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2001 (division B 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–389), as
amended by section 2107 of this Act, $38,000,000.
(8) For the construction of phase 3 of a barracks complex,
D Street, at Fort Richardson, Alaska, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat.
1280), as amended by section 2106 of this Act, $33,000,000.
(9) For the construction of phase 3 of a barracks complex,
17th and B Streets, at Fort Lewis, Washington, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107–107;
115 Stat. 1280), $48,000,000.
(10) For the construction of phase 2 of a barracks complex,
Capron Road, at Schofield Barracks, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization Act
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for Fiscal Year 2003 (division B of Public Law 107–314; 116
Stat. 2681), $49,000,000.
(11) For the construction of phase 2 of a combined arms
collective training facility at Fort Riley, Kansas, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107–314;
116 Stat. 2681), as amended by section 2105 of this Act,
$13,600,000.
(12) For the construction of phase 2 of a barracks complex,
Range Road, at Fort Campbell, Kentucky, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat.
2681), $49,000,000.
(13) For the construction of phase 2 of a consolidated
maintenance complex at Fort Sill, Oklahoma, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107–314; 116
Stat. 2681), $13,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2101 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $32,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks, Fort
Stewart/Hunter Army Airfield, Georgia).
(3) $87,000,000 (the balance of the amount authorized
under section 2101(a) for construction of the Lewis and Clark
Instructional Facility, Fort Leavenworth, Kansas).
(4) $43,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex,
Wheeler Army Airfield, Fort Drum, New York).
(5) $50,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex,
Bastogne Drive, Fort Bragg, North Carolina).
(6) $18,900,000 (the balance of the amount authorized
under section 2101(b) for construction of a barracks complex,
Vilseck, Germany).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (13) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $10,000,000, which represents corrections
to Department of the Army estimates for military family housing
support.
SEC. 2105. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2003 PROJECTS.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—
The table in subsection (a) of section 2101 of the Military Construc-
tion Authorization Act for Fiscal Year 2003 (division B of Public
Law 107–314; 116 Stat. 2681) is amended—
(1) in the item relating to Fort Riley, Kansas, by striking
‘‘$81,095,000’’ 
in 
the 
amount 
column 
and 
inserting
‘‘$81,495,000’’; and
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(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,156,167,000’’.
(b) TERMINATION OF OUTSIDE THE UNITED STATES PROJECTS.—
(1) The table in subsection (b) of such section is amended—
(A) by striking the item relating to Area Support Group,
Bamberg, Germany;
(B) by striking the item relating to Coleman Barracks,
Germany;
(C) by striking the item relating to Darmstadt, Germany;
(D) by striking the item relating to Mannheim, Germany;
(E) by striking the item relating to Schweinfurt, Germany;
(F) by striking the item relating to Camp Castle, Korea;
(G) by striking the item relating to Camp Hovey, Korea;
(H) by striking the item relating to K16 Airfield, Korea;
and
(I) by striking the amount identified as the total in the
amount column and inserting ‘‘$216,266,000’’.
(2) The authorization to carry out a military construction project
at Camp Bonifas, Korea, provided by section 130 of the Military
Construction Appropriation Act, 2003 (Public Law 107–249; 116
Stat. 1586), using funds originally appropriated for a military
construction project at Camp Kyle, Korea, is hereby rescinded.
(c) TERMINATION OF FAMILY HOUSING PROJECT OUTSIDE THE
UNITED STATES.—The table in section 2102(a) of the Military
Construction Authorization Act for Fiscal Year 2003 (116 Stat.
2683) is amended—
(1) by striking the item relating to Yongsan, Korea; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$23,852,000’’.
(d) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Sec-
tion 2103 of that Act (116 Stat. 2683) is amended by striking
‘‘$239,751,000’’ and inserting ‘‘$178,400,000’’.
(e) CONFORMING AMENDMENTS.—Section 2104 of that Act (116
Stat. 2683) is amended—
(1) subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘$3,104,176,000’’ and inserting ‘‘$2,901,875,000’’;
(B) in paragraph (2), by striking ‘‘$354,116,000’’ and
inserting ‘‘$216,266,000’’; and
(C) in paragraph (6)(A), by striking ‘‘$282,356,000’’ and
inserting ‘‘$217,905,000’’; and
(2) in subsection (b)(4), by striking ‘‘$13,200,000’’ and
inserting ‘‘$13,600,000’’.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2002 PROJECTS.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—
The table in section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law 107–107;
115 Stat. 1281), as amended by section 2105 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B
of Public Law 107–314; 116 Stat. 2685), is further amended—
(1) in the item relating to Fort Richardson, Alaska, by
striking ‘‘$115,000,000’’ in the amount column and inserting
‘‘$117,000,000’’; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,364,750,000’’.
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PUBLIC LAW 108–136—NOV. 24, 2003
(b) MODIFICATION OF OUTSIDE THE UNITED STATES PROJECTS.—
The table in section 2101(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (115 Stat. 1282) is amended—
(1) in the item relating to Camp Hovey, Korea, by striking
‘‘$35,750,000’’ 
in 
the 
amount 
column 
and 
inserting
‘‘$24,980,000’’;
(2) in the item relating to Camp Stanley, Korea, by striking
‘‘$28,000,000’’ 
in 
the 
amount 
column 
and 
inserting
‘‘$14,770,000’’; and
(3) by striking the amount identified as the total in the
amount column and inserting ‘‘$236,343,000’’.
(c) CONFORMING AMENDMENTS.—Section 2104 of that Act (115
Stat. 1283) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘$3,155,594,000’’ and inserting ‘‘$3,131,594,000’’; and
(B) in paragraph (2), by striking ‘‘$260,343,000’’ and
inserting ‘‘$236,343,000’’; and
(2) in subsection (b)(2), by striking ‘‘$52,000,000’’ and
inserting ‘‘$54,000,000’’.
SEC. 2107. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2001 PROJECTS.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECTS.—
The table in section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2001 (division B 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–389)), as amended
by section 2105(a) of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat.
1285), is further amended—
(1) in the item relating to Pohakoula Training Facility,
Hawaii, by striking ‘‘$32,000,000’’ in the amount column and
inserting ‘‘$42,000,000’’;
(2) in the item relating to Fort Bragg, North Carolina,
by striking ‘‘$222,200,000’’ in the amount column and inserting
‘‘$255,200,000’’; and
(3) by striking the amount identified as the total in the
amount column and inserting ‘‘$669,374,000’’.
(b) TERMINATION OF OUTSIDE THE UNITED STATES PROJECT.—
The table in section 2101(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2001 (114 Stat. 1654A–390), as amended
by section 2106 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat.
2685), is further amended—
(1) by striking the item relating to Camp Stanley, Korea;
and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$100,350,000’’.
(c) CONFORMING AMENDMENTS.—Section 2104 of the Military
Construction Authorization Act for Fiscal Year 2001 (114 Stat.
1654A–391), as amended by section 2105(b) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107–107; 115 Stat. 1285), is further amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘$1,935,744,000’’ and inserting ‘‘$1,916,244,000’’; and
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(B) in paragraph (2), by striking ‘‘$119,850,000’’ and
inserting ‘‘$100,350,000’’; and
(2) in subsection (b)—
(A) in paragraph (5), by striking ‘‘$104,000,000’’ and
inserting ‘‘$137,000,000’’; and
(B) in paragraph (7), by striking ‘‘$20,000,000’’ and
inserting ‘‘$30,000,000’’.
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.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the installations
and locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
State
Installation or location
Amount
Arizona .........................
Marine Corps Air Station, Yuma ........
$22,230,000
California .....................
Marine Corps Air-Ground Task Force
Training 
Center, 
Twentynine
Palms .................................................
$42,090,000
Marine Corps Air Station, Miramar ...
$7,640,000
Marine Corps Base, Camp Pendleton
$73,580,000
Naval Air Facility, San Clemente Is-
land ....................................................
$18,940,000
Naval Air Station, Lemoore .................
$34,510,000
Naval Air Station, North Island ..........
$49,240,000
Naval Air Warfare Center, Point
Mugu, San Nicholas Island ..............
$6,150,000
Naval Postgraduate School, Monterey
$42,560,000
Naval Station, San Diego .....................
$49,710,000
Connecticut ..................
Naval Submarine Base, New London
$3,120,000
District of Columbia ....
Marine Corps Barracks ........................
$1,550,000
Florida ..........................
Blount Island (Jacksonville) ................
$115,711,000
Naval Air Station, Jacksonville ...........
$9,190,000
Naval Air Station, Whiting Field, Mil-
ton ......................................................
$4,830,000
Naval Surface Warfare Center, Coast-
al Systems Station, Panama City ....
$9,550,000
Georgia .........................
Strategic Weapons Facility Atlantic,
Kings Bay ..........................................
$11,510,000
Hawaii ..........................
Fleet and Industrial Supply Center,
Pearl Harbor ......................................
$32,180,000
Naval Magazine, Lualualei ..................
$6,320,000
Naval Shipyard, Pearl Harbor .............
$7,010,000
Illinois ...........................
Naval Training Center, Great Lakes ..
$137,120,000
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Navy: Inside the United States—Continued
State
Installation or location
Amount
Indiana .........................
Naval Surface Warfare Center, Crane
$11,400,000
Maryland ......................
Naval Air Warfare Center, Patuxent
River ...................................................
$28,270,000
Naval Surface Warfare Center, Indian
Head ...................................................
$14,850,000
Mississippi ....................
Naval Air Station, Meridian ................
$4,570,000
New Jersey ...................
Naval Air Warfare Center, Lakehurst
$20,681,000
Naval Weapons Station, Earle ............
$123,720,000
North Carolina .............
Marine Corps Air Station, New River
$6,240,000
Marine Corps Base, Camp Lejeune ....
$29,450,000
Rhode Island ................
Naval Station, Newport .......................
$18,690,000
Naval 
Undersea 
Warfare 
Center,
Newport .............................................
$10,890,000
South Carolina .............
Naval Weapons Station, Charleston ...
$2,350,000
Texas ............................
Naval Air Station, Corpus Christi ......
$5,400,000
Naval Station, Ingleside ......................
$7,070,000
Virginia .........................
Henderson Hall, Arlington ...................
$1,970,000
Marine Corps Combat Development
Command, Quantico .........................
$18,120,000
Naval Air Station, Oceana ...................
$10,000,000
Naval Amphibious Base, Little Creek
$3,810,000
Naval Space Command Center, Dahl-
gren ....................................................
$24,020,000
Naval Station, Norfolk .........................
$182,240,000
Norfolk Naval Shipyard, Portsmouth
$17,770,000
Washington ..................
Naval Air Station, Whidbey Island .....
$4,650,000
Naval Magazine, Indian Island ...........
$2,240,000
Naval Shipyard, Puget Sound .............
$6,020,000
Naval Submarine Base, Bangor ..........
$33,820,000
Strategic Weapons Facility Pacific,
Bangor ................................................
$6,530,000
Various Locations ........
Various Locations, CONUS .................
$56,360,000
Total ...............................................
$1,335,872,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the locations outside
the United States, and in the amounts, set forth in the following
table:
Navy: Outside the United States
Country
Installation or location
Amount
Bahrain .........................
Naval Support Activity, Bahrain ..........
$18,030,000
Guam ............................
Commander, 
United 
States 
Naval
Forces, Marianas ................................
$1,700,000
Italy ...............................
Naval Air Station, Sigonella ..................
$34,070,000
Naval Support Activity, La Maddalena
$39,020,000
Total .................................................
$92,820,000
SEC. 2202. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
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family housing units (including land acquisition and supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Navy: Family Housing
State or Country
Installation or location
Purpose
Amount
California .....................
Naval Air Station,
Lemoore ........................
187 Units ....
$41,585,000
Florida .........................
Naval Air Station, Pensa-
cola ................................
25 Units ......
$4,447,000
North Carolina ............
Marine Corps Air Sta-
tion, Cherry Point ........
339 Units ....
$42,803,000
Marine Corps Base,
Camp Lejeune ..............
519 Units ....
$68,531,000
Total .....
$157,366,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriation in section
2204(a)(5)(A), the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of military family
housing units in an amount not to exceed $8,381,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(5)(A), the Secretary of the Navy may
improve existing military family housing units in an amount not
to exceed $20,446,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2003, for
military construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount of
$2,267,729,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,001,092,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $92,820,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $14,585,000.
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$71,001,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $184,193,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $845,078,000.
(6) For construction of a bachelors enlisted quarters ship-
board ashore at Naval Shipyard Norfolk, Virginia, authorized
by section 2201(a) of the Military Construction Authorization
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Act for Fiscal Year 2003 (division B of Public Law 107–314;
116 Stat. 2687), $46,730,000.
(7) For construction of phase III of a combined propulsion
and explosives lab at Naval Air Warfare Center, China Lake,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107–107; 115 Stat. 1289), as amended by
section 2206 of this Act, $12,230,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2201 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $25,690,000 (the balance of the amount authorized
under section 2101(a) for construction of a tertiary sewage
treatment facility, Marine Corp Base, Camp Pendleton, Cali-
fornia).
(3) $58,190,000 (the balance of the amount authorized
under section 2101(a) for construction of a battle station
training facility, Naval Training Center, Great Lakes, Illinois).
(4) $96,980,000 (the balance of the amount authorized
under section 2101(a) for construction of a general purpose
berthing pier, Naval Weapons Station Earle, New Jersey).
(5) $118,170,000 (the balance of the amount authorized
under section 2101(a) for construction of the Pier 11 replace-
ment, Naval Station, Norfolk, Virginia).
(6) $28,750,000 (the balance of the amount authorized
under section 2101(a) for construction of outlying landing field
facilities, various locations in the continental United States).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (7) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $10,000,000, which represents corrections
to Department of the Navy estimates for military family housing
support.
SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECTS.
(a) TERMINATION OF INSIDE THE UNITED STATES PROJECTS.—
The table in subsection (a) of section 2201 of the Military Construc-
tion Authorization Act for Fiscal Year 2003 (division B of Public
Law 107–314; 116 Stat. 2686) is amended—
(1) by striking the item relating to Naval Air Warfare
Center, China Lake, California;
(2) by striking the item relating to Marine Corps Air Sta-
tion, Cherry Point, North Carolina; and
(3) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,068,223,000’’.
(b) TERMINATION OF OUTSIDE THE UNITED STATES PROJECTS.—
The table in subsection (b) of such section is amended—
(1) by striking the item relating to Naval Support Activity,
Joint Headquarters Command, Larissa, Greece;
(2) by striking the item relating to Naval Air Station,
Keflavik, Iceland; and
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117 STAT. 1707
PUBLIC LAW 108–136—NOV. 24, 2003
(3) by striking the amount identified as the total in the
amount column and inserting ‘‘$129,100,000’’.
(c) TERMINATION OF MILITARY FAMILY HOUSING PROJECT.—The
table in section 2202(a) of that Act (116 Stat. 2688) is amended—
(1) by striking the item relating to the Joint Maritime
Facility, St. Mawgan, United Kingdom; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$210,195,000’’.
(d) CONFORMING AMENDMENTS.—Section 2204 of that Act (116
Stat. 2688) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘$2,576,381,000’’ and inserting ‘‘$2,530,097,000’’;
(B) in paragraph (1), by striking ‘‘$1,025,598,000’’ and
inserting ‘‘$1,009,458,000’’;
(C) in paragraph (2), by striking ‘‘$148,250,000’’ and
inserting ‘‘$126,530,000’’;
(D) in paragraph (5)(A), by striking ‘‘$379,468,000’’ and
inserting ‘‘$360,944,000’’; and
(E) by adding at the end the following new paragraph:
‘‘(7) For construction of phase II of a combined propulsion
and explosives lab at Naval Air Warfare Center, China Lake,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107–107; 115 Stat. 1289), as amended by
section 2206 of the Military Construction Authorization Act
for Fiscal Year 2004, $10,100,000.’’; and
(2) in subsection (c), by striking ‘‘through (6)’’ and inserting
‘‘through (7)’’.
SEC. 2206. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2002 PROJECTS.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—
The table in section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law 107–107;
115 Stat. 1286), as amended by section 2205 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 108–314; 116 Stat. 2689), is amended—
(1) in the item relating to Naval Air Warfare Center, China
Lake, California, by striking ‘‘$30,200,000’’ in the amount
column and inserting ‘‘$32,391,000’’; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,061,221,000’’.
(b) TERMINATION OF OUTSIDE THE UNITED STATES PROJECT.—
The table in section 2201(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law 107–107;
115 Stat. 1287) is amended—
(1) by striking the item relating to Naval Support Activity,
Joint Headquarters Command, Larissa, Greece; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$35,430,000’’.
(c) CONFORMING AMENDMENTS.—Section 2204 of that Act (115
Stat. 1288) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘$2,366,742,000’’ and inserting ‘‘$2,354,502,000’’; and
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(B) in paragraph (2), by striking ‘‘$47,670,000’’ and
inserting ‘‘$35,430,000’’; and
(2) in subsection (b)(3), by striking ‘‘$20,100,000’’ and
inserting ‘‘$22,291,000’’.
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.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations
and locations inside the United States, and in the amounts, set
forth in the following table:
Air Force: Inside the United States
State
Installation or location
Amount
Alabama ................................
Maxwell Air Force Base .................
$26,000,000
Alaska ...................................
Eielson Air Force Base ..................
$49,061,000
Elmendorf Air Force Base .............
$2,000,000
Arizona ..................................
Davis-Monthan Air Force Base .....
$10,062,000
Luke Air Force Base ......................
$14,300,000
Arkansas ...............................
Little Rock Air Force Base ............
$3,695,000
California ..............................
Beale Air Force Base .....................
$22,750,000
Edwards Air Force Base ................
$26,744,000
Los Angeles Air Force Base ...........
$5,000,000
Colorado ................................
Buckley Air Force Base .................
$7,019,000
Peterson Air Force Base ................
$10,200,000
Florida ..................................
Hurlburt Field ................................
$27,200,000
Tyndall Air Force Base ..................
$15,820,000
Georgia .................................
Robins Air Force Base ...................
$37,164,000
Hawaii ..................................
Hickam Air Force Base ..................
$80,096,000
Idaho .....................................
Mountain Home Air Force Base ...
$15,245,000
Illinois ...................................
Scott Air Force Base ......................
$1,900,000
Mississippi ............................
Columbus Air Force Base ..............
$7,700,000
Keesler Air Force Base ..................
$2,900,000
Missouri ................................
Whiteman Air Force Base .............
$11,600,000
Nevada ..................................
Nellis Air Force Base .....................
$11,800,000
New Jersey ...........................
McGuire Air Force Base ................
$11,861,000
New Mexico ..........................
Cannon Air Force Base ..................
$9,000,000
Kirtland Air Force Base ................
$11,247,000
Tularosa Radar Test Site ..............
$3,600,000
North Carolina .....................
Pope Air Force Base .......................
$24,499,000
Seymour Johnson Air Force Base
$22,622,000
North Dakota .......................
Minot Air Force Base .....................
$12,690,000
Ohio .......................................
Wright-Patterson Air Force Base ..
$21,100,000
Oklahoma .............................
Altus Air Force Base ......................
$1,167,000
Tinker Air Force Base ....................
$19,444,000
Vance Air Force Base .....................
$15,000,000
South Carolina .....................
Charleston Air Force Base ............
$9,042,000
Shaw Air Force Base ......................
$8,500,000
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Air Force: Inside the United States—Continued
State
Installation or location
Amount
South Dakota .......................
Ellsworth Air Force Base ..............
$9,300,000
Texas .....................................
Goodfellow Air Force Base ............
$20,335,000
Lackland Air Force Base ...............
$57,360,000
Laughlin Air Force Base ................
$12,400,000
Randolph Air Force Base ...............
$13,600,000
Sheppard Air Force Base ...............
$38,167,000
Utah ......................................
Hill Air Force Base ........................
$21,748,000
Virginia .................................
Langley Air Force Base .................
$25,474,000
Washington ...........................
McChord Air Force Base ................
$19,000,000
Total ................................................
$775,412,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations
and locations outside the United States, and in the amounts, set
forth in the following table:
Air Force: Outside the United States
Country
Installation or location
Amount
Germany ...............................
Ramstein Air Base .........................
$35,616,000
Spangdahlem Air Base ..................
$5,411,000
Italy .......................................
Aviano Air Base ..............................
$14,025,000
Korea .....................................
Kunsan Air Base ............................
$7,059,000
Osan Air Base .................................
$16,638,000
Portugal ................................
Lajes Field, Azores .........................
$4,086,000
United Kingdom ...................
Royal Air Force, Lakenheath ........
$42,487,000
Royal Air Force, Mildenhall ..........
$10,558,000
Wake Island .........................
Wake Island ....................................
$24,000,000
Total .........................................
$159,880,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installation
and location, and in the amount, set forth in the following table:
Air Force: Unspecified Worldwide
Location
Installation or location
Amount
Unspecified Worldwide ........
Classified Location .........................
$29,501,000
Total .........................................
$29,501,000
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or
acquire family housing units (including land acquisition and sup-
porting facilities) at the installations, for the purposes, and in
the amounts set forth in the following table:
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Air Force: Family Housing
State or Country
Installation or location
Purpose
Amount
Arizona ........................
Davis-Monthan Air Force
Base ..............................
93 Units ....
$19,357,000
California .....................
Travis Air Force Base .....
56 Units ....
$12,723,000
Delaware .....................
Dover Air Force Base ......
112 Units ....
$19,601,000
Florida .........................
Eglin Air Force Base .......
279 Units ....
$32,166,000
Idaho ............................
Mountain Home Air
Force Base ....................
186 Units ....
$37,126,000
Maryland .....................
Andrews Air Force Base
50 Units ....
$20,233,000
Missouri .......................
Whiteman Air Force
Base ..............................
100 Units ....
$18,221,000
Montana ......................
Malmstrom Air Force
Base ..............................
94 Units ....
$19,368,000
North Carolina ............
Seymour Johnson Air
Force Base ....................
138 Units ....
$18,336,000
North Dakota ..............
Grand Forks Air Force
Base ..............................
144 Units ....
$29,550,000
Minot Air Force Base ......
200 Units ....
$41,117,000
South Dakota ..............
Ellsworth Air Force Base
75 Units ....
$16,240,000
Texas ............................
Dyess Air Force Base ......
116 Units ....
$19,973,000
Randolph Air Force Base
96 Units ....
$13,754,000
Korea ...........................
Osan Air Base .................
111 Units ....
$44,765,000
Portugal .......................
Lajes Field, Azores ..........
42 Units ....
$13,428,000
United Kingdom .........
Royal Air Force,
Lakenheath ..................
89 Units ....
$23,640,000
Total .....
$399,598,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities
with respect to the construction or improvement of military family
housing units in an amount not to exceed $33,488,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(6)(A), the Secretary of the Air Force
may improve existing military family housing units in an amount
not to exceed $227,979,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2003, for
military construction, land acquisition, and military family housing
functions of the Department of the Air Force in the total amount
of $2,550,890,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $766,932,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $159,880,000.
(3) For military construction projects at unspecified world-
wide locations authorized by section 2301(c), $28,981,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $16,180,000.
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(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$95,778,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $657,065,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $826,074,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2301 of this Act may not exceed the total amount authorized to
be appropriated under paragraphs (1), (2), and (3) of subsection
(a).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (6) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $10,000,000, which represents corrections
to Department of the Air Force estimates for military family housing
support.
SEC. 2305. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2003 PROJECTS.
(a) TERMINATION OF CLASSIFIED LOCATION PROJECT.—Section
2301(c) of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107–314; 116 Stat. 2691)
is amended by striking ‘‘$24,993,000’’ both places it appears and
inserting ‘‘$1,993,000’’.
(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Sec-
tion 2303 of that Act (116 Stat. 2693) is amended by striking
‘‘$226,068,000’’ and inserting ‘‘$206,721,000’’.
(c) CONFORMING AMENDMENTS.—Section 2304(a) of that Act
(116 Stat. 2693) is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘$2,633,738,000’’ and inserting ‘‘$2,591,391,000’’;
(2) in paragraph (3), by striking ‘‘$24,993,000’’ and inserting
‘‘$1,993,000’’; and
(3) in paragraph (6)(A), by striking ‘‘$689,824,000’’ and
inserting ‘‘$670,477,000’’.
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.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
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and locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Defense Education Activity
Marine 
Corps 
Base, 
Camp
Lejeune, North Carolina ............
$15,259,000
Defense Logistics Agency ....
Defense Distribution Depot, New
Cumberland, Pennsylvania ........
$27,700,000
Eglin Air Force Base, Florida .......
$4,800,000
Eielson Air Force Base, Alaska .....
$17,000,000
Hickam Air Force Base, Hawaii ...
$14,100,000
Hurlburt Field, Florida ..................
$4,100,000
Offutt Air Force Base, Nebraska ..
$13,400,000
Langley Air Force Base, Virginia
$13,000,000
Laughlin Air Force Base, Texas ....
$4,688,000
McChord Air Force Base, Wash-
ington ...........................................
$8,100,000
Naval 
Air 
Station, 
Kingsville,
Texas ............................................
$9,200,000
Nellis Air Force Base, Nevada ......
$12,800,000
Missile Defense Agency .......
Redstone Arsenal, Alabama ..........
$20,000,000
National Security Agency ....
Fort Meade, Maryland ...................
$1,842,000
Special Operations Com-
mand .................................
Dam Neck, Virginia .......................
$15,281,000
Fort Bragg, North Carolina ...........
$36,300,000
Fort Campbell, Kentucky ..............
$7,800,000
Harrisburg International Airport,
Pennsylvania ...............................
$3,000,000
Hurlburt Field, Florida ..................
$6,000,000
MacDill Air Force Base, Florida ...
$25,500,000
Naval Amphibious Base, Coro-
nado, California ..........................
$2,800,000
TRICARE Management Ac-
tivity ..................................
Fort Hood, Texas ............................
$9,400,000
Naval Station, Anacostia, District
of Columbia .................................
$15,714,000
Naval Submarine Base, New Lon-
don, Connecticut .........................
$6,700,000
United States Air Force Academy,
Colorado .......................................
$22,100,000
Walter Reed Medical Center, Dis-
trict of Columbia .........................
$9,000,000
Washington Headquarters
Services .............................
Arlington, Virginia .........................
$38,086,000
Total .........................................
$363,670,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
and locations outside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Education Activity
Sigonella, Italy ...............................
$30,234,000
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Defense Agencies: Outside the United States—Continued
Agency
Installation or location
Amount
Vicenza, Italy ..................................
$16,374,000
TRICARE Management Ac-
tivity ..................................
Anderson Air Force Base, Guam ..
$26,000,000
Total .........................................
$72,608,000
SEC. 2402. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(8)(A), the Secretary of Defense
may carry out architectural and engineering services and construc-
tion design activities with respect to the construction or improve-
ment of military family housing units in an amount not to exceed
$300,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2405(a)(8)(A), the Secretary of Defense may
improve existing military family housing units in an amount not
to exceed $50,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(6), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title
10, United States Code, in the amount of $50,000,000.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2003, for
military construction, land acquisition, and military family housing
functions of the Department of Defense (other than the military
departments) in the total amount of $1,222,388,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $361,470,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $55,243,000.
(3) For unspecified minor construction projects under sec-
tion 2805 of title 10, United States Code, $15,553,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$8,960,000.
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$65,130,000.
(6) For energy conservation projects authorized by section
2404, $50,000,000.
(7) For base closure and realignment activities as author-
ized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note), $370,427,000.
(8) For military family housing functions:
(A) For planning, design, and improvement of military
family housing and facilities, $350,000.
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PUBLIC LAW 108–136—NOV. 24, 2003
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $49,440,000.
(C) For credit to the Department of Defense Family
Housing 
Improvement 
Fund 
established 
by 
section
2883(a)(1) of title 10, United States Code, $300,000.
(9) For construction of the Defense Threat Reduction Center
at Fort Belvoir, Virginia, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107–314; 116 Stat. 2695), $25,700,000.
(10) For the construction of phase 5 of an ammunition
demilitarization facility at Pueblo Depot Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104–201; 110 Stat. 2775), as amended by section 2406
of the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106–65; 113 Stat. 839) and
section 2407 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107–314; 116
Stat. 2698), $88,388,000.
(11) For the construction of phase 6 of an ammunition
demilitarization facility at Newport Army Ammunition Plant,
Indiana, authorized by section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1999 (division B of Public
Law 105–261; 112 Stat. 2193), as amended by section 2406
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107–314; 116 Stat. 2698),
$15,207,000.
(12) For the construction of phase 4 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106–65; 113 Stat. 835), as amended by section 2405 of
the Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107–107; 115 Stat. 1298) and
section 2405 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107–314; 116
Stat. 2698), $16,220,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2401 of this Act may not exceed the total amount authorized to
be appropriated under paragraphs (1) and (2) of subsection (a).
SEC. 2406. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECTS.
(a) TERMINATION.—The table in section 2401(b) of the Military
Construction Authorization Act for Fiscal Year 2003 (division B
of Public Law 107–314; 116 Stat. 2695) is amended—
(1) in the matter relating to Department of Defense
Dependents Schools—
(A) by striking the item relating to Seoul, Korea; and
(B) by striking the item relating to Spangdahlem Air
Base, Germany;
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(2) in the matter relating to TRICARE Management
Activity, by striking the item relating to Spangdahlem Air
Base, Germany; and
(3) by striking the amount identified as the total in the
amount column and inserting ‘‘$134,274,000’’.
(b) CONFORMING AMENDMENTS.—Section 2404(a) of that Act
(116 Stat. 2696) is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘$1,434,795,000’’ and inserting ‘‘$1,362,486,000’’; and
(2) in paragraph (2), by striking ‘‘$206,583,000’’ and
inserting ‘‘$134,274,000’’.
TITLE XXV—NORTH ATLANTIC TREATY
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as pro-
vided in section 2806 of title 10, United States Code, in an amount
not to exceed the sum of the amount authorized to be appropriated
for this purpose in section 2502 and the amount collected from
the North Atlantic Treaty Organization as a result of construction
previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2003, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States
Code, for the share of the United States of the cost of projects
for the North Atlantic Treaty Organization Security Investment
program authorized by section 2501, in the amount of $169,300,000.
TITLE XXVI—GUARD AND RESERVE
FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years begin-
ning after September 30, 2003, for the costs of acquisition, architec-
tural and engineering services, and construction of facilities for
the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost
of acquisition of land for those facilities), the following amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the United States,
$311,592,000; and
(B) for the Army Reserve, $88,451,000.
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PUBLIC LAW 108–136—NOV. 24, 2003
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $45,498,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the United States,
$222,908,000; and
(B) for the Air Force Reserve, $62,032,000.
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.
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS
REQUIRED TO BE SPECIFIED BY LAW.
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.—
Except as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment
program (and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2006; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2007.
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects, and facilities, and contributions to the North Atlantic
Treaty Organization Security Investment program (and authoriza-
tions of appropriations therefor) for which appropriated funds have
been obligated before the later of—
(1) October 1, 2006; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2007 for military construction projects, land
acquisition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2001 PROJECTS.
(a) EXTENSION OF CERTAIN PROJECTS.—Notwithstanding section
2701 of the Military Construction Authorization Act for Fiscal Year
2001 (division B of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Public Law
106–398; 114 Stat. 1654A–407)), authorizations set forth in the
tables in subsection (b), as provided in section 2102 or 2601 of
that Act, shall remain in effect until October 1, 2004, or the date
of the enactment of an Act authorizing funds for military construc-
tion for fiscal year 2005, whichever is later.
(b) TABLES.—The tables referred to in subsection (a) are as
follows:
Termination
date.
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Army: Extension of 2001 Project Authorization
State
Installation or loca-
tion
Project
Amount
South Carolina ...........
Fort Jackson ..............
New Construc-
tion—Family
Housing (1
Unit) .............
$250,000
Army National Guard: Extension of 2001 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Arizona ........................
Papago Park ..............
Add/Alter Read-
iness Center
$2,265,000
Pennsylvania ..............
Mansfield ...................
Readiness Cen-
ter .................
$3,100,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2000 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106–65; 113 Stat. 841), the authorizations set forth
in the tables in subsection (b), as provided in section 2302 or
2601 of that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B
of Public Law 107–314; 116 Stat. 2700), shall remain in effect
until October 1, 2004, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2005,
whichever is later.
(b) TABLES.—The tables referred to in subsection (a) are as
follows:
Air Force: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Oklahoma ....................
Tinker Air Force
Base ........................
Replace Family
Housing (41
Units) ...........
$6,000,000
Army National Guard: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Virginia .......................
Fort Pickett ...............
Multi-purpose
Range-Heavy
$13,500,000
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of general definitions relating to military construction.
Termination
date.
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PUBLIC LAW 108–136—NOV. 24, 2003
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.
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Subtitle A—Military Construction Program
and Military Family Housing Changes
SEC. 2801. MODIFICATION OF GENERAL DEFINITIONS RELATING TO
MILITARY CONSTRUCTION.
(a) MILITARY CONSTRUCTION.—Subsection (a) of section 2801
of title 10, United States Code, is amended by inserting before
the period the following: ‘‘, whether to satisfy temporary or perma-
nent requirements’’.
(b) MILITARY INSTALLATION.—Subsection (c)(2) of such section
is amended by inserting before the period the following: ‘‘, without
regard to the duration of operational control’’.
SEC. 2802. INCREASE IN MAXIMUM AMOUNT OF AUTHORIZED ANNUAL
EMERGENCY CONSTRUCTION.
Section 2803(c)(1) of title 10, United States Code, is amended
by striking ‘‘$30,000,000’’ and inserting ‘‘$45,000,000’’.
SEC. 2803. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN ITALY
AUTHORIZED FOR LEASE BY THE NAVY.
Section 2828(e)(2) of title 10, United States Code, is amended
by striking ‘‘2,000’’ and inserting ‘‘2,800’’.
SEC. 2804. INCREASE IN AUTHORIZED MAXIMUM LEASE TERM FOR
FAMILY HOUSING AND OTHER FACILITIES IN CERTAIN
FOREIGN COUNTRIES.
(a) LEASE OF MILITARY FAMILY HOUSING.—Section 2828(d)(1)
of title 10, United States Code, is amended by striking ‘‘ten years,’’
and inserting ‘‘10 years, or 15 years in the case of leases in Korea,’’.
(b) LEASE OF OTHER FACILITIES.—Section 2675 of such title
is amended by inserting after ‘‘five years,’’ the following: ‘‘or 15
years in the case of a lease in Korea,’’.
SEC. 2805. CONVEYANCE OF PROPERTY AT MILITARY INSTALLATIONS
CLOSED 
OR 
REALIGNED 
TO 
SUPPORT 
MILITARY
CONSTRUCTION.
(a) IN GENERAL.—(1) Subchapter III of chapter 169 of title
10, United States Code, is amended by adding at the end the
following new section:
‘‘§ 2869. Conveyance of property at military installations
closed or realigned to support military construc-
tion
‘‘(a) CONVEYANCE AUTHORIZED; CONSIDERATION.—The Secretary
concerned may enter into an agreement to convey real property,
including any improvements thereon, located on a military installa-
tion that is closed or realigned under a base closure law to any
person who agrees, in exchange for the real property—
‘‘(1) to carry out a military construction project or land
acquisition; or
‘‘(2) to transfer to the Secretary concerned housing that
is constructed or provided by the person and located at or
near a military installation at which there is a shortage of
suitable military family housing, military unaccompanied
housing, or both.
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PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(b) CONDITIONS ON CONVEYANCE AUTHORITY.—The fair market
value of the military construction, military family housing, or mili-
tary unaccompanied housing to be obtained by the Secretary con-
cerned under subsection (a) in exchange for the conveyance of
real property by the Secretary under such subsection shall be at
least equal to the fair market value of the conveyed real property,
as determined by the Secretary. If the fair market value of the
military construction, military family housing, or military unaccom-
panied housing is less than the fair market value of the real
property to be conveyed, the recipient of the property shall pay
to the United States an amount equal to the difference in the
fair market values.
‘‘(c) PILOT PROGRAM FOR USE OF AUTHORITY.—(1) To the max-
imum extent practicable, the Secretary of each military department
shall use the conveyance authority provided by subsection (a) at
least once before December 31, 2004, for the purposes specified
in such subsection.
‘‘(2) The value of the consideration received by the Secretary
concerned in a conveyance carried out under this subsection shall
not be less than $1,000,000.
‘‘(3) In the case of the report required under subsection (f)
to be submitted in 2005, the Secretary of Defense shall include
the following:
‘‘(A) A description of the conveyances carried out or pro-
posed under this subsection.
‘‘(B) A description of the procedures utilized to enter into
any agreements for the conveyance of property under this sub-
section.
‘‘(C) An assessment of the utility of such procedures for
the disposal of property at military installations closed or
realigned under the base closure laws, and for securing services
described in subsection (a), including an assessment of any
time saved and cost-savings achieved as a result of the use
of the conveyance authority provided by this section.
‘‘(D) An assessment of private sector interest in the use
of the conveyance authority provided by this section.
‘‘(E) A description of the projects for which the Secretary
concerned considered using the conveyance authority provided
by this section, but did not do so, and an explanation of the
decision.
‘‘(d) ADVANCE NOTICE OF USE OF AUTHORITY.—(1) Notice of
the proposed use of the conveyance authority provided by subsection
(a) shall be provided in such manner as the Secretary of Defense
may prescribe, including publication in the Federal Register and
otherwise. When real property located at a military installation
closed or realigned under the base closure laws is to be conveyed
by means of a public sale, the Secretary concerned may notify
prospective purchasers that consideration for the property may
be provided in the manner authorized by such subsection.
‘‘(2) The Secretary concerned may not enter into an agreement
under subsection (a) for the conveyance of real property until—
‘‘(A) the Secretary submits to Congress notice of the convey-
ance, including the military construction activities, military
family housing, or military unaccompanied housing to be
obtained in exchange for the conveyance; and
‘‘(B) a period of 14 days expires beginning on the date
on which the notice is submitted.
Federal Register,
publication.
Reports.
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117 STAT. 1721
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(e) DEPOSIT OF FUNDS.—The Secretary concerned may deposit
funds received under subsection (b) in the Department of Defense
housing funds established under section 2883(a) of this title.
‘‘(f) ANNUAL REPORT.—In the budget materials submitted to
Congress in connection with the submission of the budget for a
fiscal year pursuant to section 1105 of title 31, the Secretary of
Defense shall include a report detailing the following:
‘‘(1) The extent to which the Secretaries concerned used
the authority provided by subsection (a) during the preceding
fiscal year to convey real property in exchange for military
construction and military housing, including the total value
of the real property that was actually conveyed during such
fiscal year using such authority and the total value of the
military construction and military housing services obtained
in exchange.
‘‘(2) The plans for the use of such authority for the current
fiscal year, the fiscal year covered by the budget, and the
period covered by the current future-years defense program
under section 221 of this title.
‘‘(3) The current inventory of unconveyed lands at military
installations closed or realigned under a base closure law.
‘‘(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of real property conveyed under subsection (a) shall
be determined by surveys satisfactory to the Secretary concerned.
‘‘(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary con-
cerned may require such additional terms and conditions in connec-
tion with a conveyance under subsection (a) as the Secretary con-
siders appropriate to protect the interests of the United States.’’.
(2) The table of sections at the beginning of such subchapter
is amended by adding at the end the following new item:
‘‘2869. Conveyance of property at military installations closed or realigned to sup-
port military construction.’’.
(b) EXCEPTION
TO
REQUIREMENT
FOR
AUTHORIZATION
OF
NUMBER
OF HOUSING UNITS.—Section 2822(b) of such title is
amended by adding at the end the following new paragraph:
‘‘(6) Housing units constructed or provided under section
2869 of this title.’’.
(c) CONFORMING AMENDMENT
TO DEPARTMENT
OF DEFENSE
HOUSING FUNDS.—Section 2883(c) of such title is amended—
(1) in paragraph (1), by adding at the end the following
new subparagraph:
‘‘(F) Any amounts that the Secretary concerned transfers
to that Fund pursuant to section 2869 of this title.’’; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(F) Any amounts that the Secretary concerned transfers
to that Fund pursuant to section 2869 of this title.’’.
(d) CONFORMING REPEALS TO BASE CLOSURE LAWS.—(1) Section
204(e) of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note)
is repealed.
(2) Section 2905(f) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note) is repealed.
10 USC 2883.
10 USC 2822.
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117 STAT. 1722
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 2806. INAPPLICABILITY OF SPACE LIMITATIONS TO MILITARY
UNACCOMPANIED HOUSING UNITS ACQUIRED OR CON-
STRUCTED UNDER ALTERNATIVE AUTHORITY.
Section 2880(b)(2) of title 10, United States Code, is amended
by striking ‘‘unless the unit is located on a military installation’’.
SEC. 2807. ADDITIONAL MATERIAL FOR REPORTS ON HOUSING
PRIVATIZATION PROGRAM.
(a) REPORTS ON SPECIFIC PROJECTS.—Subsection (a) of section
2884 of title 10, United States Code, is amended—
(1) by designating the second sentence of paragraph (2)
as paragraph (4); and
(2) by inserting after the first sentence in paragraph (2)
the following new paragraph:
‘‘(3)(A) In the case of a contract described in paragraph (1)
proposed to be entered into with a private party, the report shall
specify whether the contract will or may include a guarantee
(including the making of mortgage or rental payments) by the
Secretary to the private party in the event of—
‘‘(i) the closure or realignment of the installation for which
housing will be provided under the contract;
‘‘(ii) a reduction in force of units stationed at such installa-
tion; or
‘‘(iii) the extended deployment of units stationed at such
installation.
‘‘(B) If the contract will or may include such a guarantee,
the report shall also—
‘‘(i) describe the nature of the guarantee; and
‘‘(ii) assess the extent and likelihood, if any, of the liability
of the United States with respect to the guarantee.’’.
(b) ANNUAL
REPORTS.—Subsection (b) of such section is
amended—
(1) in paragraph (2), by inserting before the period at
the end the following: ‘‘, and such recommendations as the
Secretary considers necessary for improving the extent and
effectiveness of the use of such authorities in the future’’; and
(2) by striking paragraph (3) and inserting the following
new paragraphs:
‘‘(3) A review of activities of the Secretary under this sub-
chapter during such preceding fiscal year, shown for military
family housing, military unaccompanied housing, dual military
family housing and military unaccompanied housing, and
ancillary supporting facilities.
‘‘(4) If a contract for the acquisition or construction of
military family housing, military unaccompanied housing, or
dual military family housing and military unaccompanied
housing entered into during the preceding fiscal year did not
include the acquisition or construction of the types of ancillary
supporting facilities specifically referred to in section 2871(1)
of this title, a explanation of the reasons why such ancillary
supporting facilities were not included.
‘‘(5) A description of the Secretary’s plans for housing
privatization activities under this subchapter: (A) during the
fiscal year for which the budget is submitted; and (B) during
the period covered by the then-current future-years defense
plan under section 221 of this title.’’.
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117 STAT. 1723
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 2808. TEMPORARY, LIMITED AUTHORITY TO USE OPERATION AND
MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
OUTSIDE THE UNITED STATES.
(a) TEMPORARY AUTHORITY.—During fiscal year 2004, the Sec-
retary of Defense may use this section as authority to obligate
appropriated funds available for operation and maintenance to carry
out a construction project outside the United States that the Sec-
retary determines meets each of the following conditions:
(1) The construction is necessary to meet urgent military
operational requirements of a temporary nature involving the
use of the Armed Forces in support of a declaration of war,
the declaration by the President of a national emergency under
section 201 of the National Emergencies Act (50 U.S.C. 1621),
or a contingency operation.
(2) The construction is not carried out at a military installa-
tion where the United States is reasonably expected to have
a long-term presence.
(3) The United States has no intention of using the
construction after the operational requirements have been satis-
fied.
(4) The level of construction is the minimum necessary
to meet the temporary operational requirements.
(b) NOTIFICATION OF OBLIGATION OF FUNDS.—Within seven days
after the date on which appropriated funds available for operation
and maintenance are first obligated for a construction project under
subsection (a), the Secretary of Defense shall submit to the congres-
sional committees specified in subsection (f) notice of the obligation
of the funds and the construction project. The notice shall include
the following:
(1) Certification that the conditions specified in subsection
(a) are satisfied with regard to the construction project.
(2) A description of the purpose for which appropriated
funds available for operation and maintenance are being obli-
gated.
(3) All relevant documentation detailing the construction
project.
(4) An estimate of the total amount obligated for the
construction.
(c) LIMITATION ON USE OF AUTHORITY.—(1) The total cost of
the construction projects carried out under the authority of this
section using, in whole or in part, appropriated funds available
for operation and maintenance shall not exceed $200,000,000 in
fiscal year 2004.
(2) The Secretary of Defense may waive the limitation imposed
by paragraph (1) if the Secretary determines that the obligation
of operation and maintenance funds for construction projects in
excess of the amount specified in such subsection is vital to the
national security.
(3) Not later than five days after the date on which a waiver
is granted under paragraph (2), the Secretary of Defense shall
submit to the congressional committees specified in subsection (f)
notice containing the reasons for the waiver.
(d) QUARTERLY REPORT.—Not later than 30 days after the end
of each fiscal-year quarter of fiscal year 2004, the Secretary of
Defense shall submit to the congressional committees specified in
subsection (f) a report on the worldwide obligation and expenditure
Deadline.
Deadline.
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117 STAT. 1724
PUBLIC LAW 108–136—NOV. 24, 2003
during that quarter of appropriated funds available for operation
and maintenance for construction projects.
(e) 
RELATION
TO
OTHER
AUTHORITIES.—The 
temporary
authority provided by this section, and the limited authority pro-
vided by section 2805(c) of title 10, United States Code, to use
appropriated funds available for operation and maintenance to carry
out a construction project are the only authorities available to
the Secretary of Defense and the Secretaries of the military depart-
ments to use appropriated funds available for operation and mainte-
nance to carry out construction projects.
(f) CONGRESSIONAL COMMITTEES.—The congressional commit-
tees referred to in this section are the following:
(1) The Committee on Armed Services and the Subcommit-
tees on Defense and Military Construction of the Committee
on Appropriations of the Senate.
(2) The Committee on Armed Services and the Subcommit-
tees on Defense and Military Construction of the Committee
on Appropriations of the House of Representatives.
SEC. 2809. REPORT ON MILITARY CONSTRUCTION REQUIREMENTS TO
SUPPORT NEW HOMELAND DEFENSE MISSIONS OF THE
ARMED FORCES.
Not later than February 15, 2004, the Secretary of Defense
shall submit to Congress a report describing all military construc-
tion projects carried out to support new homeland defense missions
of the Armed Forces undertaken since September 11, 2001, and
containing an assessment of the military construction requirements
anticipated to be necessary during fiscal years 2005, 2006, and
2007 to support such missions.
Subtitle B—Real Property and Facilities
Administration
SEC. 2811. ENHANCEMENT OF AUTHORITY TO ACQUIRE LOW-COST
INTERESTS IN LAND.
(a) INCREASE IN ACQUISITION THRESHOLD.—Section 2672 of title
10, United States Code, is amended—
(1) by redesignating subsections (a)(2) and (b) as sub-
sections (b) and (c), respectively;
(2) in subsection (a)—
(A) in paragraph (1)(B), by striking ‘‘$500,000’’ and
inserting ‘‘$750,000’’; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) The Secretary of a military department may acquire any
interest in land that—
‘‘(A) the Secretary determines is needed solely to correct
a deficiency that is life-threatening, health-threatening, or
safety-threatening; and
‘‘(B) does not cost more than $1,500,000, exclusive of
administrative costs and the amounts of any deficiency judg-
ments.’’; and
(3) in subsection (b), as so redesignated, by striking
‘‘$500,000’’ and inserting ‘‘$750,000, in the case of an acquisition
under subsection (a)(1), or $1,500,000, in the case of an acquisi-
tion under subsection (a)(2)’’.
Deadline.
10 USC 2805
note.
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117 STAT. 1725
PUBLIC LAW 108–136—NOV. 24, 2003
(b) CLERICAL
AMENDMENTS.—(1) Such section is further
amended—
(A) 
in 
subsection 
(a), 
by 
inserting 
‘‘ACQUISITION
AUTHORITY.—’’ before ‘‘(1)’’;
(B) in subsection (b), as redesignated by subsection (a)(1),
by inserting ‘‘ACQUISITION
OF MULTIPLE PARCELS.—’’ before
‘‘This section’’; and
(C) in subsection (c), as redesignated by subsection (a)(1),
by inserting ‘‘SURVEY
AND ACQUISITION METHODS.—’’ before
‘‘The authority’’.
(2) The heading of such section is amended to read as follows:
‘‘§ 2672. Authority to acquire low-cost interests in land’’.
(3) The item relating to section 2672 in the table of sections
at the beginning of chapter 159 of such title is amended to read
as follows:
‘‘2672. Authority to acquire low-cost interests in land.’’.
SEC. 2812. RETENTION AND AVAILABILITY OF AMOUNTS REALIZED
FROM ENERGY COST SAVINGS.
(a) IN GENERAL.—Section 2865(b) of title 10, United States
Code, is amended—
(1) in paragraph (1), by striking ‘‘Two-thirds of the portion
of the funds appropriated’’ and inserting ‘‘An amount of the
funds appropriated’’;
(2) in paragraph (2), by striking ‘‘The Secretary’’ and
inserting ‘‘The Secretary of Defense’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) The Secretary of Defense shall include in the budget mate-
rial submitted to Congress in connection with the submission of
the budget for a fiscal year pursuant to section 1105 of title 31
a separate statement of the amounts available for obligation under
this subsection in such fiscal year.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection
(a)(1) shall not apply to funds appropriated for a fiscal year before
fiscal year 2004.
SEC. 2813. ACCEPTANCE OF IN-KIND CONSIDERATION FOR EASE-
MENTS.
(a) EASEMENTS FOR RIGHTS-OF-WAY.—Section 2668(e) of title
10, United States Code, is amended—
(1) by striking ‘‘Subsection (d)’’ and inserting ‘‘Subsections
(c) and (d)’’;
(2) by inserting ‘‘in-kind consideration and’’ before ‘‘pro-
ceeds’’; and
(3) by striking ‘‘subsection applies to’’ and inserting ‘‘sub-
sections apply to in-kind consideration and’’.
(b) EASEMENTS FOR UTILITY LINES.—Section 2669(e) of such
title is amended—
(1) by striking ‘‘Subsection (d)’’ and inserting ‘‘Subsections
(c) and (d)’’;
(2) by inserting ‘‘in-kind consideration and’’ before ‘‘pro-
ceeds’’; and
(3) by striking ‘‘subsection applies to’’ and inserting ‘‘sub-
sections apply to in-kind consideration and’’.
10 USC 2865
note.
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117 STAT. 1726
PUBLIC LAW 108–136—NOV. 24, 2003
Subtitle C—Base Closure and Realignment
SEC. 
2821. 
CONSIDERATION 
OF 
PUBLIC-ACCESS-ROAD 
ISSUES
RELATED TO BASE CLOSURE, REALIGNMENT, OR PLACE-
MENT IN INACTIVE STATUS.
Section 2905(b)(2) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note) is amended by adding at the end the following
new subparagraph:
‘‘(E) If a military installation to be closed, realigned, or placed
in an inactive status under this part includes a road used for
public access through, into, or around the installation, the Secretary
of Defense shall consult with the Governor of the State and the
heads of the local governments concerned for the purpose of consid-
ering the continued availability of the road for public use after
the installation is closed, realigned, or placed in an inactive status.’’.
SEC. 2822. CONSIDERATION OF SURGE REQUIREMENTS IN 2005 ROUND
OF BASE REALIGNMENTS AND CLOSURES.
(a) DETERMINATION OF SURGE REQUIREMENTS.—The Secretary
of Defense shall assess the probable threats to national security
and, as part of such assessment, determine the potential, prudent,
surge requirements to meet those threats.
(b) USE OF DETERMINATION.—The Secretary shall use the surge
requirements determination made under subsection (a) in the base
realignment and closure process under the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note), as amended by title XXX of the
National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107–107; 115 Stat. 1342).
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2831. TERMINATION OF LEASE AND CONVEYANCE OF ARMY
RESERVE FACILITY, CONWAY, ARKANSAS.
(a) TERMINATION
OF LEASE.—Upon the completion of the
replacement facility authorized for the Army Reserve facility located
in Conway, Arkansas, the Secretary of the Army may terminate
the 99-year lease between the Secretary and the University of
Central Arkansas for the property on which the old facility is
located.
(b) CONVEYANCE OF FACILITY.—As part of the termination of
the lease under subsection (a), the Secretary may convey, without
consideration, to the University of Central Arkansas all right, title,
and interest of the United States in and to the Army Reserve
facility located on the leased property.
(c) ASSUMPTION
OF
LIABILITY.—The University of Central
Arkansas shall expressly accept any and all liability pertaining
to the physical condition of the Army Reserve facility conveyed
under subsection (b) and shall hold the United States harmless
from any and all liability arising from the facility’s physical condi-
tion.
10 USC 2687
note.
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117 STAT. 1727
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 2832. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY AND TEN-
NESSEE.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the department of transportation of the State of Tennessee
all right, title, and interest of the United States in and to a parcel
of real property (right-of-way), including any improvements thereon,
located at Fort Campbell, Kentucky and Tennessee, for the purpose
of realigning and upgrading United States Highway 79 from a
two-lane highway to a four-lane highway.
(b) CONSIDERATION.—(1) As consideration for the conveyance
under subsection (a), the department of transportation of the State
of Tennessee shall pay from any source (including Federal funds
made available to the State from the Highway Trust Fund) all
of the costs of the Secretary incurred—
(A) to convey the property, including costs related to the
preparation of documents under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), surveys (including
all surveys required under subsection (c)), cultural reviews,
and administrative oversight;
(B) to relocate a cemetery to permit the highway realign-
ment and upgrading;
(C) to acquire approximately 200 acres of mission-essential
replacement property required to support the training mission
at Fort Campbell; and
(D) to dispose of residual Federal property located south
of the realigned highway.
(2) The Secretary of the Army may accept funds under this
subsection from the State of Tennessee or transferred by the Sec-
retary of Transportation at the request of the State from Federal-
aid highway funds made available to the State to pay costs described
in paragraph (1) and credit them to the appropriate Department
of the Army accounts for the purpose of paying such costs.
(3) All funds made available from the Highway Trust Fund
to pay costs described in paragraph (1) shall be provided subject
to the requirements of section 120(b) of title 23, United States
Code, relating to the Federal share payable on account of a project
or activity.
(4) All funds accepted by the Secretary under this subsection
shall remain available until expended.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
or acquired and disposed of under subsection (b) shall be determined
by surveys satisfactory to the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2833. LAND CONVEYANCE, FORT KNOX, KENTUCKY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Department of Veterans
Affairs of the Commonwealth of Kentucky (in this section referred
to as the ‘‘Department’’) all right, title, and interest of the United
States in and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 93 acres at Fort Knox,
Kentucky, for the purpose of permitting the Department to establish
and operate a State-run cemetery for veterans of the Armed Forces.
Highways.
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117 STAT. 1728
PUBLIC LAW 108–136—NOV. 24, 2003
(b) REIMBURSEMENT
FOR COSTS
OF CONVEYANCE.—(1) The
Department shall reimburse the Secretary for any costs incurred
by the Secretary in making the conveyance under subsection (a),
including costs related to environmental documentation and other
administrative costs. This paragraph does not apply to costs associ-
ated with the environmental remediation of the property to be
conveyed.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2834. ARMY NATIONAL GUARD ARMORY, PIERCE CITY, MISSOURI.
(a) CONTRIBUTION AUTHORIZED.—The Secretary of the Army
may make a contribution under section 18233(a) of title 10, United
States Code, for a facility for a new Army National Guard armory
in Pierce City, Missouri, in excess of the contribution otherwise
authorized by section 18236(b)(2) of such title, if the Secretary
determines that—
(1) there is a compelling and immediate need for the
construction of the facility;
(2) the requirement for the facility was unanticipated and
results from a natural disaster;
(3) failure to construct the facility immediately would have
an adverse impact on the mission of the unit assigned to
the facility; and
(4) the real property for the facility will be provided by
the State of Missouri.
(b) LIMITATION.—The amount of the additional contribution
provided pursuant to subsection (a), which would otherwise be
required by section 18236(b)(2) of title 10, United States Code,
from the State of Missouri for the construction of the facility,
may not exceed the amount specified in section 18233a(a)(1) of
such title.
(c) AUTHORITY TO ACCEPT REAL PROPERTY FROM STATE.—The
Secretary may accept from the State of Missouri the donation
of real property, in addition to the real property required to be
contributed by the State under subsection (a)(4), that is acceptable
to the Secretary and has a market value not in excess of the
amount of the additional contribution provided pursuant to sub-
section (a).
SEC. 2835. LAND EXCHANGE, FORT BELVOIR, VIRGINIA.
(a) LAND EXCHANGE AUTHORIZED.—Upon receipt of the consid-
eration referred to in subsection (b), the Secretary of the Army
may convey to the Fairfax County Park Authority of Fairfax County,
Virginia (in this section referred to as the ‘‘Authority’’), all right,
title, and interest of the United States in and to a parcel of real
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property, including any improvements thereon, consisting of
approximately 12 acres at Fort Belvoir, Virginia.
(b) CONSIDERATION.—As consideration for the conveyance of
the property under subsection (a), the Authority shall convey to
the United States all right, title, and interest of the Authority
in and to a parcel of real property acceptable to the Secretary.
The Secretary shall have administrative jurisdiction over the real
property received under this subsection.
(c) COSTS OF CONVEYANCE.—(1) The Secretary may collect funds
from the Authority to cover costs incurred or to be incurred by
the Secretary to carry out a conveyance under this section, including
survey costs, costs related to environmental documentation, and
other administrative costs related to the conveyance. If amounts
are collected from the Authority in advance of the Secretary incur-
ring the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the Authority.
(2) Amounts collected under paragraph (1) to cover costs pre-
viously incurred by the Secretary shall be credited to the fund
or account that was used to cover the costs. Amounts so credited
shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same condi-
tions and limitations, as amounts in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the parcels of real property to be conveyed under
this section shall be determined by surveys satisfactory to the
Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States.
PART II—NAVY CONVEYANCES
SEC. 2841. LAND CONVEYANCE, NAVY PROPERTY, DIXON, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey, without consideration, to the Housing Authority of the
City of Dixon, California, (in this section referred to as the ‘‘Housing
Authority’’), all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon,
that consists of approximately 40.41 acres located at 7290 Radio
Station Road in Dixon, California, and is currently used by the
Housing Authority as the site for the Fred H. Rehman Dixon
Migrant Center for the purpose of permitting the Housing Authority
to continue to provide suitable housing and support services to
migrant workers.
(b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
shall require the Housing Authority to cover costs to be incurred
by the Secretary after the date of the enactment of this Act, or
to reimburse the Secretary for costs incurred by the Secretary
after such date, to carry out the conveyance under subsection (a),
including any survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the conveyance.
If amounts are collected from the Housing Authority in advance
of the Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
Housing.
Aliens.
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the conveyance, the Secretary shall refund the excess amount to
the Housing Authority.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(c) EXEMPTION FROM FEDERAL SCREENING.—The conveyance
authorized by subsection (a) is exempt from the requirement to
screen the property for other Federal use pursuant to sections
2693 and 2696 of title 10, United States Code.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2842. LAND CONVEYANCE, MARINE CORPS LOGISTICS BASE,
ALBANY, GEORGIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey through negotiated sale to the Preferred Development Group
Corporation, a corporation incorporated in the State of Georgia
and authorized to do business in the State of Georgia (in this
section referred to as the ‘‘Corporation’’), all right, title, and interest
of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 10.44 acres
located at Turner Field Road and McAdams Road in Albany,
Georgia, for the purpose of permitting the Corporation to use the
property for economic development.
(b) CONDITIONS OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the following conditions:
(1) That the Corporation accept the real property in its
condition at the time of the conveyance, commonly known as
conveyance ‘‘as is’’.
(2) That the Corporation bear all costs related to the use
and redevelopment of the real property.
(c) CONSIDERATION.—(1) As consideration for the conveyance
under subsection (a), the Corporation shall pay to the United States
an amount, determined pursuant to negotiations between the Sec-
retary and the Corporation and based upon the fair market value
of the property (as determined pursuant to an appraisal acceptable
to the Secretary), that is appropriate for the property.
(2) The consideration received under this subsection shall be
deposited in the Department of Defense Base Closure Account 1990
established by section 2906 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).
(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the Corporation to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental documenta-
tion, and other administrative costs related to the conveyance.
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If amounts are collected from the Corporation in advance of the
Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess amount to
the Corporation.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(e) EXEMPTION FROM FEDERAL SCREENING.—The conveyance
under subsection (a) is exempt from the requirement to screen
the property for other Federal use pursuant to sections 2693 and
2696 of title 10, United States Code.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2843. LAND EXCHANGE, NAVAL AND MARINE CORPS RESERVE
CENTER, PORTLAND, OREGON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the United Parcel Service, Inc. (in this section referred
to as ‘‘UPS’’), all right, title, and interest of the United States
in and to a parcel of real property, including improvements thereon,
consisting of approximately 14 acres in Portland, Oregon, and com-
prising the Naval and Marine Corps Reserve Center for the purpose
of facilitating the expansion of the UPS main distribution complex
in Portland.
(b) PROPERTY RECEIVED IN EXCHANGE.—(1) As consideration
for the conveyance under subsection (a), UPS shall—
(A) convey to the United States a parcel of real property
determined to be suitable by the Secretary; and
(B) design, construct, and convey to the United States
such replacement facilities on that property as the Secretary
considers appropriate.
(2) The value of the real property and replacement facilities
received by the Secretary under this subsection shall be at least
equal to the fair market value of the real property conveyed under
subsection (a), as determined by the Secretary.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require UPS to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, relocation
expenses incurred under subsection (b), and other administrative
costs related to the conveyance. If amounts are collected from UPS
in advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the Sec-
retary to carry out the conveyance, the Secretary shall refund
the excess amount to UPS.
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(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) CONDITION OF CONVEYANCE.—The Secretary may not make
the conveyance authorized by subsection (a) until the Secretary
determines that the replacement facilities required by subsection
(b) are suitable and available for the relocation of the operations
of the Naval and Marine Corps Reserve Center.
(e) EXEMPTION FROM FEDERAL SCREENING.—The conveyance
authorized by subsection (a) is exempt from the requirement to
screen the property for other Federal use pursuant to sections
2693 and 2696 of title 10, United States Code.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under this section shall
be determined by surveys satisfactory to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 2844. LAND CONVEYANCE, NAVAL RESERVE CENTER, ORANGE,
TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the City of Orange, Texas (in this section referred to
as the ‘‘City’’), all right, title, and interest of the United States
in and to a parcel of unimproved real property consisting of approxi-
mately 2.5 acres at Naval Reserve Center, Orange, Texas, for the
purpose of permitting the City to use the property for road construc-
tion, economic development, and other public purposes.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the City shall provide the United States, whether
by cash payment, in-kind contribution, or a combination thereof,
an amount that is not less than the fair market value, as determined
by the Secretary, of the property conveyed under such subsection.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the City to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the City in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) EXEMPTION FROM FEDERAL SCREENING.—The conveyance
authorized by subsection (a) is exempt from the requirement to
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screen the property for other Federal use pursuant to sections
2693 and 2696 of title 10, United States Code.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2845. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD,
BREMERTON, WASHINGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the City of Bremerton, Washington (in this section
referred to as the ‘‘City’’), all right, title, and interest of the United
States in and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 2.8 acres at the eastern
end of the Puget Sound Naval Shipyard, Bremerton, Washington,
immediately adjacent to the Bremerton Transportation Center.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the City, directly or through an agreement with
another entity, shall replace administrative space on the parcel
to be conveyed by renovating for new occupancy approximately
7,500 square feet of existing space in Building 433 at Naval Station,
Bremerton, Washington, at no cost to the United States, in accord-
ance with plans and specifications acceptable to the Secretary.
In lieu of any portion of such renovation, the Secretary may accept
other facility alteration or repair of not less than equal value.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
shall require the City to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the City in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) ENVIRONMENTAL
CONDITIONS.—The Secretary may use
funds available in the Environmental Restoration Account, Navy
to carry out the environmental remediation of the real property
to be conveyed under subsection (a). Such environmental remedi-
ation shall be conducted in a manner consistent with section 120
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620), including the requirement
to consider the anticipated future land use of the parcel.
(e) EXEMPTION FROM FEDERAL SCREENING.—The conveyance
authorized by subsection (a) is exempt from the requirement to
screen the property for other Federal use pursuant to sections
2693 and 2696 of title 10, United States Code.
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(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
PART III—AIR FORCE CONVEYANCES
SEC. 2851. LAND EXCHANGE, MARCH AIR RESERVE BASE, CALIFORNIA.
(a) EXCHANGE AUTHORIZED.—(1) The Secretary of the Army
may convey to the March Joint Powers Authority of Moreno Valley,
California (in this section referred to as the ‘‘JPA’’), all right,
title, and interest of the United States in and to five parcels of
real property, including any improvements thereon, located at
March Air Reserve Base, California (former March Air Force Base),
and consisting of approximately 36.74 total acres.
(2) The Secretary of the Navy may convey to JPA all right,
title, and interest of the United States in and to two parcels of
real property, including any improvements thereon, located at
March Air Reserve Base and consisting of approximately 10.181
total acres.
(b) CONSIDERATION.—As consideration for the conveyances
under subsection (a), JPA shall release any interest it may have
in two contiguous parcels of real property located at March Air
Reserve Base and consisting of approximately 20 acres and 28
acres, respectively.
(c) TRANSFER OF JURISDICTION.—The Secretary of the Air Force
shall transfer, without reimbursement, to the administrative juris-
diction of the Secretary of the Army the parcels of real property
described in subsection (b).
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the parcels of real property to be conveyed under
this section shall be determined by surveys satisfactory to the
Secretaries concerned.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretaries con-
cerned may require such additional terms and conditions in connec-
tion with the conveyances under this section as the Secretaries
consider appropriate to protect the interests of the United States.
SEC. 2852. ACTIONS TO QUIET TITLE, FALLIN WATERS SUBDIVISION,
EGLIN AIR FORCE BASE, FLORIDA.
(a) AUTHORITY TO QUIET TITLE.—(1) Notwithstanding the res-
toration provisions under the heading ‘‘QUARTERMASTER CORPS’’ in
the Second Deficiency Appropriation Act, 1940 (Act of June 27,
1940; chapter 437; 54 Stat. 655), the Secretary of the Air Force
may take appropriate action to quiet title to tracts of land referred
to in paragraph (2) on, at, adjacent to, adjoining, or near Eglin
Air Force Base, Florida. The Secretary may take such action in
order to resolve encroachments upon private property by the United
States and upon property of the United States by private parties,
which resulted from reliance on inaccurate surveys.
(2) The tracts of land referred to in paragraph (1) are generally
described as south of United States Highway 98 and bisecting
the north/south section line of sections 13 and 14, township 2
south, range 25 west, located in the platted subdivision of Fallin
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Waters, Okaloosa County, Florida. The exact acreage and legal
description of such tracts of land shall be determined by a survey
satisfactory to the Secretary.
(b) AUTHORIZED
ACTIONS.—In carrying out subsection (a),
appropriate action by the Secretary may include any of the fol-
lowing:
(1) Disclaiming, on behalf of the United States, any intent
by the United States to acquire by prescription any property
at or in the vicinity of Eglin Air Force Base.
(2) Disposing of tracts of land owned by the United States.
(3) Acquiring tracts of land by purchase, by donation, or
by exchange for tracts of land owned by the United States
at or adjacent to Eglin Air Force Base.
(c) ACREAGE LIMITATIONS.—Individual tracts of land acquired
or conveyed by the Secretary under paragraph (2) or (3) of sub-
section (b) may not exceed .10 acres. The total acreage so acquired
may not exceed two acres.
(d) CONSIDERATION.—Any conveyance by the Secretary under
this section may be made, at the discretion of the Secretary, without
consideration, or by exchange for tracts of land adjoining Eglin
Air Force Base in possession of private parties who mistakenly
believed that they had acquired title to such tracts.
SEC. 2853. MODIFICATION OF LAND CONVEYANCE, EGLIN AIR FORCE
BASE, FLORIDA.
(a) MODIFICATION.—Public Law 91–347 (84 Stat. 447) is
amended—
(1) in the first section, by inserting ‘‘or for other public
purposes’’ before the period at the end; and
(2) in section 3(1)—
(A) by inserting ‘‘or for other public purposes’’ after
‘‘schools’’; and
(B) by striking ‘‘such purpose’’ and inserting ‘‘such
a purpose’’.
(b) ALTERATION OF LEGAL INSTRUMENT.—The Secretary of the
Air Force shall execute and file in the appropriate office an amended
deed or other appropriate instrument effectuating the modification
of the reversionary interest retained by the United States in connec-
tion with the conveyance made pursuant to Public Law 91–347.
PART IV—OTHER CONVEYANCES
SEC. 2861. LAND CONVEYANCE, AIR FORCE AND ARMY EXCHANGE
SERVICE PROPERTY, DALLAS, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of Defense may
authorize the Army and Air Force Exchange Service, a non-
appropriated fund instrumentality of the United States, to convey,
by sale, all right, title, and interest of the United States in and
to a parcel of real property, including any improvements thereon,
consisting of approximately 7.5 acres located at 1515 Roundtable
Drive in Dallas, Texas.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the purchaser shall pay the United States, in a
single lump sum payment, an amount equal to the fair market
value of the real property, determined pursuant to an appraisal
acceptable to the Secretary.
Records.
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(c) TREATMENT OF CONSIDERATION.—Section 574(a) of title 40,
United States Code, shall apply to the consideration received under
subsection (b), except that in the application of such section, all
of the proceeds shall be credited to the Army and Air Force
Exchange Service.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the purchaser.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2862. LAND CONVEYANCE, UMNAK ISLAND, ALASKA.
(a) DEFINITIONS.—In this section—
(1) The term ‘‘Aleut Corporation’’ means the regional cor-
poration established under the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.) for the region in which
the Native Village of Nikolski, Alaska, is located.
(2) The term ‘‘Chaluka Corporation’’ means the village cor-
poration established under the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.) for the Native Village of
Nikolski, Alaska.
(3) The term ‘‘former Nikolski Radio Relay Site’’ means
the portions of Tracts A, B, and C of Public Land Order 2374
that are surveyed as Tracts 37, 37A, 38, 39, 39A, and 40
of township 83 south, range 136 west, Seward meridian, Alaska,
and Tract B of United States Survey 4904, Alaska, except—
(A) lots 1, 2, 5, 6, and 9 of Tract B of Amended
United States Survey 4904; and
(B) the Nikolski powerhouse land.
(4) The term ‘‘Nikolski powerhouse land’’ means the parcel
of land upon which is located the power generation building
for supplying power to the Native Village of Nikolski, the
boundaries of which are described generally as follows:
(A) Beginning at the point at which the southerly
boundary of Tract 39 of township 83 south, range 136
west, Seward meridian, Alaska, intersects the easterly
boundary of the road that connects the Native Village
of Nikolski and the airfield at Nikolski.
(B) Then meandering in a northeasterly direction along
the easterly boundary of that road until the road intersects
the westerly boundary of the road that connects Umnak
Lake and the airfield.
(C) Then meandering in a southerly direction along
the western boundary of that Umnak Lake road until that
western boundary intersects the southern boundary of such
Tract 39.
(D) Then proceeding eastward along the southern
boundary of such Tract 39 to the beginning point.
(5) The term ‘‘Phase I lands’’ means Tract 39 of township
83 south, range 136 west, Seward meridian, excluding the
Nikolski powerhouse land.
(6) The term ‘‘Phase II lands’’ means the portion of the
former Nikolski Radio Relay Site not conveyed as Phase I
lands.
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(7) The term ‘‘Public Land Order 2374’’ refers to the Public
Land Order issued in 1961 under which the Department of
the Interior withdrew public domain lands in the vicinity of
the Native Village of Nikolski on Umnak Island, Alaska, for
use by the Department of the Air Force as a radio relay site.
(b) OFFER OF CONVEYANCE.—Subject to the requirements of
this section, the Chaluka Corporation is hereby offered ownership
of the surface estate in the former Nikolski Radio Relay Site on
Umnak Island, Alaska, and the Aleut Corporation is hereby offered
the subsurface estate of the former Nikolski Radio Relay Site,
in exchange for relinquishment by the Chaluka Corporation and
the Aleut Corporation of lot 1, section 14, township 81 south,
range 133 west, Seward meridian, Alaska.
(c) ACCEPTANCE AND RELINQUISHMENT.—(1) The Secretary of
the Interior shall convey the former Nikolski Radio Relay Site
as provided in subsection (d), if the Chaluka Corporation takes
the actions specified in paragraph (2) and the Aleut Corporation
takes the actions specified in paragraph (3).
(2) As a condition for conveyance under subsection (d), the
Chaluka Corporation shall notify the Secretary of the Interior,
within 180 days after the date of the enactment of this Act, that,
by means of a legally binding resolution of its board of directors
(accompanied by the written legal opinion of counsel as to the
legal sufficiency of the board of directors’ action), the Chaluka
Corporation—
(A) accepts the offer under subsection (b);
(B) confirms that the area surveyed by the Bureau of
Land Management for the purpose of fulfilling the Chaluka
Corporation’s final entitlements under section 12(a) and (b)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(a)
and (b)), identified as Group Survey Number 773, accurately
represents the Chaluka Corporation’s final, irrevocable Alaska
Native Claims Settlement Act priorities and entitlements,
unless any tract in Group Survey Number 773 is ultimately
not conveyed as the result of an appeal; and
(C) relinquishes lot 1, section 14, township 81 south, range
133 west, Seward meridian, Alaska, which will be charged
against the Chaluka Corporation’s final entitlement under sec-
tion 12(b) of the Alaska Native Claims Settlement Act (43
U.S.C. 1611(b)).
(3) As a condition for the conveyance under subsection (d),
the Aleut Corporation shall notify the Secretary of the Interior,
within 180 days after the date of the enactment of this Act, that,
by means of a legally binding resolution of its board of directors
(accompanied by the written legal opinion of counsel as to the
legal sufficiency of the board of directors’ action), the Aleut
Corporation—
(A) accepts the offer under subsection (b); and
(B) relinquishes all rights to lot 1, section 14, township
81 south, range 133 west, Seward meridian, Alaska.
(d) CONVEYANCE.—(1) Upon receipt from the Chaluka Corpora-
tion and from the Aleut Corporation of their acceptances and
relinquishments under subsection (c), the Secretary of the Interior
shall convey to the Chaluka Corporation the surface estate, and
to the Aleut Corporation the subsurface estate, of—
(A) Phase I lands as soon as practicable; and
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117 STAT. 1738
PUBLIC LAW 108–136—NOV. 24, 2003
(B) each parcel of Phase II lands upon completion by the
Department of the Air Force of environmental restoration of
Phase II lands in accordance with applicable law.
(2) Upon conveyance of a parcel of land under this section,
the Secretary of the Interior shall terminate the corresponding
portion of Public Land Order 2374 relating to that parcel. Upon
conveyance of all Phase I and Phase II lands under this section,
the Secretary of the Interior shall terminate all remaining portions
of Public Land Order 2374 as it pertains to Umnak Island, Alaska.
(e) ENVIRONMENTAL RESTORATION.—Nothing in this section
affects the requirements and responsibilities of the United States
under section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)) or other applicable law. If a hazardous substance, as that
term is defined in section 101 of such Act (42 U.S.C. 9601), is
discovered on the Phase I lands subsequent to transfer, but the
hazardous substance was present on the lands before transfer and
the presence of the hazardous substance on the lands was not
the result of actions by the Chaluka Corporation or the Aleut
Corporation, the United States shall perform such response action
as is required by such Act with regard to that hazardous substance.
(f) TREATMENT
AS ANCSA LANDS.—The conveyances made
under subsection (d) shall be considered to be conveyances under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
and are subject to the provisions of that Act, except paragraphs
(3) and (4) of section 14(c) and section 17(b)(3) (43 U.S.C. 1613(c)
and 1616(b)(3)).
(g) CONVEYANCE OF EXCLUDED TRACT B LOTS.—The Secretary
of the Interior shall convey, without consideration, an estate in
fee simple in—
(1) each of lots 1, 2, 5, 6, and 9 of Tract B of Amended
United States Survey 4904 that is the subject of an Aleutian
Housing Authority mutual help occupancy agreement, to the
Aleutian Housing Authority; and
(2) the remainder of such lots to the occupants of such
lots as of the date of the enactment of this Act.
(h) CONVEYANCE OF NIKOLSKI POWERHOUSE LAND.—The Sec-
retary of the Interior shall convey, without consideration, an estate
in fee simple in the Nikolski powerhouse land—
(1) to the Indian Reorganization Act Tribal Government
for the Native Village of Nikolski, upon completion of the
environmental restoration referred to in subsection (k)(2), if
after the restoration the powerhouse continues to be located
on the Nikolski powerhouse land; or
(2) the surface estate to the Chaluka Corporation and the
subsurface estate to the Aleut Corporation, if after the restora-
tion, the Nikolski powerhouse is no longer located on the
Nikolski powerhouse land. –
(i) ACCESS.—(1) As a condition of the conveyance of land under
subsection (d), the Chaluka Corporation shall permit the United
States, and its agents, employees, and contractors, to have unre-
stricted access to the airfield at Nikolski in perpetuity for site
investigation, restoration, remediation, and environmental moni-
toring of the former Nikolski Radio Relay Site and reasonable
access to that airfield, and to other land conveyed under this section,
for any activity associated with management of lands owned by
Termination
dates.
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117 STAT. 1739
PUBLIC LAW 108–136—NOV. 24, 2003
the United States and for other governmental purposes without
cost to the United States.
(2) The surface estate conveyed under subsection (d) shall be
subject to the public’s right of access over Hill and Beach Streets,
located on Tract B of United States Survey 4904.
(j) SURVEY REQUIREMENTS.—The Bureau of Land Management
is not required to conduct additional on-the-ground surveys as a
result of conveyances under this section. The patent to the Chaluka
Corporation may be based on protracted section lines and lotting
where relinquishment under subsection (c)(2)(C) results in a change
to the Chaluka Corporation’s final boundaries. No additional
monumentation is required to complete those final boundaries.
(k) AUTHORIZATION OF APPROPRIATIONS; TRANSFER OF FUNDS.—
(1) There are authorized to be appropriated to the Department
of the Interior and other appropriate agencies such sums as are
necessary to carry out this section.
(2) Using the funds identified for Nikolski Power House Clean-
up under Budget Activity 4 on page 116 of the Conference Report
to accompany H.R. 2658 of the 108th Congress (House Report
108–283), the Secretary of the Air Force shall make a direct lump
sum payment, in an amount equal to $1,700,000, to the fund for
pollution cleanup managed by the Alaska Energy Authority for
the purpose of assisting the Authority to perform environmental
restoration of the Nikolski powerhouse land.
(l) TERMINATION.—This section (other than subsection (g)) shall
cease to be effective if—
(1) either the Chaluka Corporation or the Aleut Corporation
affirmatively rejects the offer under subsection (b); or
(2) the legally binding resolutions required by paragraphs
(2) and (3) of subsection (c) are not submitted to the Secretary
of the Interior before the end of the 180-day period specified
in such paragraphs.
Subtitle E—Other Matters
SEC. 2871. AUTHORITY TO ACCEPT GUARANTEES WITH GIFTS IN
DEVELOPMENT OF MARINE CORPS HERITAGE CENTER,
MARINE CORPS BASE, QUANTICO, VIRGINIA.
Section 2884 of the Military Construction Authorization Act
for Fiscal Year 2001 (division B 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–440)) is amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f) ACCEPTANCE
OF
GUARANTEES
WITH
GIFTS.—(1) The
authority available to the Secretary under section 6975 of title
10, United States Code, to accept a qualified guarantee for purposes
of projects at the Naval Academy shall be available to the Secretary
for the project to develop the Marine Corps Heritage Center.
‘‘(2) The authority available to the Secretary under this sub-
section shall expire on December 31, 2006.’’.
Expiration date.
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117 STAT. 1740
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 2872. REDESIGNATION OF YUMA TRAINING RANGE COMPLEX AS
BOB STUMP TRAINING RANGE COMPLEX.
The military aviation training facility located in southwestern
Arizona and southeastern California and known as the Yuma
Training Range Complex shall be known and designated as the
‘‘Bob Stump Training Range Complex’’. Any reference to such
training range complex in any law, regulation, map, document,
record, or other paper of the United States shall be considered
to be a reference to the Bob Stump Training Range Complex.
SEC. 2873. FEASIBILITY STUDY REGARDING CONVEYANCE OF LOU-
ISIANA ARMY AMMUNITION PLANT, DOYLINE, LOUISIANA.
(a) STUDY REQUIRED.—The Secretary of the Army shall conduct
a study of—
(1) the feasibility of using the conveyance of the Louisiana
Army Ammunition Plant in Doyline, Louisiana, as a model
for a public-private partnership for the utilization and develop-
ment of the Plant and similar parcels of real property; and
(2) the costs and benefits to the United States of such
a conveyance.
(b) ELEMENTS OF STUDY.—In conducting the study, the Sec-
retary shall consider the following:
(1) The feasibility and advisability of entering into negotia-
tions with the State of Louisiana or the Louisiana National
Guard for the conveyance of the Louisiana Army Ammunition
Plant.
(2) The means by which the conveyance of the Plant could—
(A) facilitate the execution by the Department of
Defense of its national security mission; and
(B) facilitate the continued use of the Plant by the
Louisiana National Guard and the execution by the Lou-
isiana National Guard of its national security mission.
(3) The evidence presented by the State of Louisiana of
the means by which the conveyance of the Plant could benefit
current and potential private sector and governmental tenants
of the Plant and facilitate the contribution of such tenants
to economic development in Northwestern Louisiana.
(4) The amount and type of consideration that is appro-
priate for the conveyance of the Plant.
(5) The evidence presented by the State of Louisiana of
the extent to which the conveyance of the Plant to a public-
private partnership will contribute to economic growth in the
State of Louisiana, and in Northwestern Louisiana in par-
ticular.
(6) The value of any mineral rights in the lands of the
Plant.
(7) The costs and benefits to the United States of sharing
revenues and rents paid by current and potential tenants of
the Plant as a result of the Armament Retooling and Manufac-
turing Support Program.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report containing the
results of the study and any other matters in light of the study
that the Secretary considers appropriate.
Deadline.
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117 STAT. 1741
PUBLIC LAW 108–136—NOV. 24, 2003
DIVISION C—DEPARTMENT OF ENERGY
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy supply.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. 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.
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117 STAT. 1742
PUBLIC LAW 108–136—NOV. 24, 2003
Subtitle A—National Security Programs
Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2004 for the activities of the National Nuclear Security
Administration in carrying out programs necessary for national
security in the amount of $8,877,347,000, to be allocated as follows:
(1) For weapons activities, $6,434,772,000.
(2) 
For 
defense 
nuclear 
nonproliferation 
activities,
$1,332,195,000.
(3) For naval reactors, $768,400,000.
(4) For the Office of the Administrator for Nuclear Security,
$341,980,000.
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out, for weapons
activities, the following new plant projects:
Project 04–D–101, test capabilities revitalization, Sandia
National Laboratories, Albuquerque, New Mexico, $36,450,000.
Project 04–D–102, exterior communications infrastructure
modernization, Sandia National Laboratories, Albuquerque,
New Mexico, $20,000,000.
Project 04–D–103, project engineering and design, various
locations, $2,000,000.
Project 04–D–125, chemistry and metallurgy facility
replacement project, Los Alamos National Laboratory, Los
Alamos, New Mexico, $20,500,000.
Project 04–D–126, Building 12–44 production cells upgrade,
Pantex plant, Amarillo, Texas, $8,780,000.
Project 04–D–127, cleaning and loading modifications,
Savannah River Site, Aiken, South Carolina, $2,750,000.
Project 04–D–128, TA–18 Mission relocation project, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$8,820,000.
Project 04–D–203, facilities and infrastructure recapitaliza-
tion program, project engineering and design, various locations,
$3,719,000.
Project 03–D–102, SM–43 replacement, Los Alamos
National Laboratory, Los Alamos, New Mexico, $38,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2004 for environmental management activities in car-
rying out programs necessary for national security in the amount
of $6,809,814,000, to be allocated as follows:
(1) For defense site acceleration completion, $5,814,635,000.
(2) For defense environmental services, $995,179,000.
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out, for defense
site acceleration completion, the following new plant projects:
Project 04–D–408, glass waste storage building #2,
Savannah River Site, Aiken, South Carolina, $20,259,000.
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117 STAT. 1743
PUBLIC LAW 108–136—NOV. 24, 2003
Project 04–D–414, project engineering and design, various
locations, $23,500,000.
Project 04–D–423, 3013 container surveillance capability
in 235–F, Savannah River Site, Aiken, South Carolina,
$1,134,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2004 for other defense activities
in carrying out programs necessary for national security in the
amount of $489,059,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2004 for defense nuclear waste
disposal for payment to the Nuclear Waste Fund established in
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(c)) in the amount of $392,500,000.
SEC. 3105. ENERGY SUPPLY.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2004 for energy supply activities
in carrying out programs necessary for national security in the
amount of $110,473,000.
Subtitle B—Program Authorizations,
Restrictions, and Limitations
SEC. 3111. TERMINATION OF REQUIREMENT FOR ANNUAL UPDATES
OF LONG-TERM PLAN FOR NUCLEAR WEAPONS STOCK-
PILE LIFE EXTENSION PROGRAM.
Effective December 31, 2004, section 3133 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106–
65; 113 Stat. 926; 42 U.S.C. 2121 note), as transferred and redesig-
nated as section 4204 of the Atomic Energy Defense Act by section
3141(e)(5) of this Act, is further amended by striking subsections
(c) through (f).
SEC. 3112. DEPARTMENT OF ENERGY PROJECT REVIEW GROUPS NOT
SUBJECT TO FEDERAL ADVISORY COMMITTEE ACT BY
REASON OF INCLUSION OF EMPLOYEES OF DEPARTMENT
OF ENERGY MANAGEMENT AND OPERATING CONTRAC-
TORS.
An officer or employee of a management and operating con-
tractor of the Department of Energy, when serving as a member
of a group reviewing or advising on matters related to any one
or more management and operating contracts of the Department,
shall be treated as an officer or employee of the Department for
purposes of determining whether the group is an advisory committee
within the meaning of section 3 of the Federal Advisory Committee
Act (5 U.S.C. App.).
SEC. 3113. READINESS POSTURE FOR RESUMPTION BY THE UNITED
STATES OF UNDERGROUND NUCLEAR WEAPONS TESTS.
(a) READINESS POSTURE REQUIRED.—Commencing not later
than October 1, 2006, the Secretary of Energy shall achieve, and
thereafter maintain, a readiness posture of not more than 18 months
50 USC 2528a.
42 USC 7234
note.
Post, p. 1758.
Effective date.
50 USC 2524.
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117 STAT. 1744
PUBLIC LAW 108–136—NOV. 24, 2003
for resumption by the United States of underground tests of nuclear
weapons.
(b) DESCRIPTION OF REQUIREMENT.—For purposes of this sec-
tion, a readiness posture of not more than 18 months for resumption
by the United States of underground tests of nuclear weapons
is achieved when the Department of Energy has the capability
to resume such tests, if directed by the President to resume such
tests, not later than 18 months after the date on which the President
so directs.
SEC. 3114. TECHNICAL BASE AND FACILITIES MAINTENANCE AND
RECAPITALIZATION ACTIVITIES.
(a) DEADLINE FOR INCLUSION OF PROJECTS IN FACILITIES AND
INFRASTRUCTURE RECAPITALIZATION PROGRAM.—(1) The Adminis-
trator for Nuclear Security shall complete the selection of projects
for inclusion in the Facilities and Infrastructure Recapitalization
Program of the National Nuclear Security Administration not later
than December 31, 2004.
(2) No project may be included in the Facilities and Infrastruc-
ture Recapitalization Program after December 31, 2004, unless
such project has been selected for inclusion in that program as
of that date.
(b) 
TERMINATION
OF
FACILITIES
AND
INFRASTRUCTURE
RECAPITALIZATION PROGRAM.—The Administrator shall terminate
the Facilities and Infrastructure Recapitalization Program not later
than September 30, 2011.
(c) READINESS IN TECHNICAL BASE AND FACILITIES PROGRAM.—
(1) Not later than September 30, 2004, the Administrator shall
submit to the congressional defense committees a report setting
forth guidelines on the conduct of the Readiness in Technical Base
and Facilities program of the National Nuclear Security Administra-
tion.
(2) Such guidelines shall include the following:
(A) Criteria for the inclusion of projects in the program,
and for establishing priorities among projects included in the
program.
(B) Mechanisms for the management of facilities under
the program, including maintenance activities referred to in
subparagraph (C).
(C) A description of the scope of maintenance activities
under the program, including recurring maintenance, construc-
tion of facilities, recapitalization of facilities, and decontamina-
tion and decommissioning of facilities.
(3) Such guidelines shall ensure that the maintenance activities
referred to in paragraph (2)(C) are carried out in a timely and
efficient manner designed to avoid maintenance backlogs.
(d) OPERATIONS
OF FACILITIES PROGRAM.—(1) The Adminis-
trator shall continue the Operations of Facilities program of the
National Nuclear Security Administration as a subprogram within
the Readiness in Technical Base and Facilities program.
(2) The Deputy Administrator for Defense Programs shall des-
ignate a single manager to be responsible for overseeing the oper-
ations of the Operations of Facilities subprogram within the Readi-
ness in Technical Base and Facilities program.
(3) For fiscal year 2005, and for each fiscal year thereafter,
the Secretary of Energy shall submit to the congressional defense
Reports.
Reports.
50 USC 2453
note.
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117 STAT. 1745
PUBLIC LAW 108–136—NOV. 24, 2003
committees, together with the budget justification materials sub-
mitted to Congress in support of the National Nuclear Security
Administration budget for that fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code), a separate statement of the amounts requested for
such fiscal year for each element of the Operations of Facilities
subprogram, as follows:
(A) Maintenance.
(B) Facilities management and support.
(C) Utilities.
(D) Environment, safety, and health.
(E) Each other element of the subprogram.
SEC. 3115. CONTINUATION OF PROCESSING, TREATMENT, AND DIS-
POSITION OF LEGACY NUCLEAR MATERIALS.
(a) CONTINUATION OF H–CANYON FACILITY.—Subsection (a) of
section 3137 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–460) is amended—
(1) by striking ‘‘F–canyon and H–canyon facilities’’ and
inserting ‘‘H–canyon facility’’; and
(2) by striking ‘‘such facilities’’ and inserting ‘‘such facility’’.
(b) MODIFICATION
OF LIMITATION
ON USE
OF FUNDS
FOR
DECOMMISSIONING F–CANYON FACILITY.—Subsection (b) of such sec-
tion is amended—
(1) by striking ‘‘and the Defense Nuclear Facilities Safety
Board’’ and all that follows through ‘‘House of Representatives’’
and inserting ‘‘submits to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives, and the Defense Nuclear Facilities
Safety Board,’’; and
(2) by striking ‘‘the following:’’ and all that follows and
inserting ‘‘a report setting forth—
‘‘(1) an assessment whether or not all materials present
in the F–canyon facility as of the date of the report that
required stabilization have been safely stabilized as of that
date;
‘‘(2) an assessment whether or not the requirements
applicable to the F–canyon facility to meet the future needs
of the United States for fissile materials disposition can be
met through full use of the H–canyon facility at the Savannah
River Site; and
‘‘(3) if it appears that one or more of the requirements
described in paragraph (2) cannot be met through full use
of the H–canyon facility—
‘‘(A) an identification by the Secretary of each such
requirement that cannot be met through full use of the
H–canyon facility; and
‘‘(B) for each requirement so identified, the reasons
why such requirement cannot be met through full use
of the H–canyon facility and a description of the alternative
capability for fissile materials disposition that is needed
to meet such requirement.’’.
(c) REPEAL OF SUPERSEDED PLAN REQUIREMENT.—Subsection
(c) of such section is repealed.
50 USC 2638.
50 USC 2633.
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117 STAT. 1746
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 3116. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOP-
MENT OF LOW-YIELD NUCLEAR WEAPONS.
(a) REPEAL.—Section 3136 of the National Defense Authoriza-
tion Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1946;
42 U.S.C. 2121 note) is repealed.
(b) CONSTRUCTION.—Nothing in the repeal made by subsection
(a) shall be construed as authorizing the testing, acquisition, or
deployment of a low-yield nuclear weapon.
(c) LIMITATION.—The Secretary of Energy may not commence
the engineering development phase, or any subsequent phase, of
a low-yield nuclear weapon unless specifically authorized by Con-
gress.
(d) REPORT.—(1) Not later than March 1, 2004, the Secretary
of State, the Secretary of Defense and the Secretary of Energy
shall jointly submit to Congress a report assessing whether or
not the repeal of section 3136 of the National Defense Authorization
Act for Fiscal Year 1994 will affect the ability of the United States
to achieve its nonproliferation objectives and whether or not any
changes in programs and activities would be required to achieve
those objectives.
(2) The report shall be submitted in unclassified form, but
may include a classified annex if necessary.
SEC. 3117. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CON-
GRESS 
FOR 
COMMENCEMENT 
OF 
ENGINEERING
DEVELOPMENT PHASE OR SUBSEQUENT PHASE OF
ROBUST NUCLEAR EARTH PENETRATOR.
The Secretary of Energy may not commence the engineering
development phase (phase 6.3) of the nuclear weapons development
process, or any subsequent phase, of a Robust Nuclear Earth Pene-
trator weapon unless specifically authorized by Congress.
Subtitle C—Proliferation Matters
SEC. 3121. SEMIANNUAL FINANCIAL REPORTS ON DEFENSE NUCLEAR
NONPROLIFERATION PROGRAMS.
(a) IN GENERAL.—Subtitle D of the National Nuclear Security
Administration Act is amended by inserting after section 3253
(50 U.S.C. 2453) the following new section:
‘‘SEC. 3254. SEMIANNUAL FINANCIAL REPORTS ON DEFENSE NUCLEAR
NONPROLIFERATION PROGRAMS.
‘‘(a) SEMIANNUAL REPORTS REQUIRED.—The Administrator shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a semiannual report on the amounts
available for the defense nuclear nonproliferation programs of the
Administration. Each such report shall cover a half of a fiscal
year (in this section referred to as a ‘fiscal half’) and shall be
submitted not later than 30 days after the end of that fiscal half.
‘‘(b) CONTENTS.—Each report for a fiscal half shall, for each
such defense nuclear nonproliferation program for which amounts
are available for the fiscal year that includes that fiscal half, set
forth the following:
‘‘(1) The aggregate amount available for such program as
of the beginning of such fiscal half and, within such amount,
the uncommitted balances, the unobligated balances, and the
unexpended balances.
Deadline.
50 USC 2454.
50 USC 2529
note.
42 USC 2121
note.
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‘‘(2) The aggregate amount newly made available for such
program during such fiscal half and, within such amount, the
amount made available by appropriations, by transfers, by
reprogrammings, and by other means.
‘‘(3) The aggregate amount available for such program as
of the end of such fiscal half and, within such amount, the
uncommitted balances, the unobligated balances, and the unex-
pended balances.’’.
(b) FIRST REPORT.—The first report required to be submitted
by section 3254 of the National Nuclear Security Administration
Act (as added by subsection (a)) shall be the report covering the
first half of fiscal year 2004.
SEC. 3122. REPORT ON REDUCTION OF EXCESSIVE UNOBLIGATED OR
UNEXPENDED BALANCES FOR DEFENSE NUCLEAR NON-
PROLIFERATION ACTIVITIES.
(a) CONTINGENT REQUIREMENT FOR REPORT.—If as of September
30, 2004, the aggregate amount unobligated, or obligated but not
expended, for defense nuclear nonproliferation activities from
amounts appropriated for such activities in fiscal year 2004 exceeds
an amount equal to 20 percent of the aggregate amount appro-
priated for such activities in fiscal year 2004, the Administrator
for Nuclear Security shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing an aggressive plan to provide for the timely expenditure
of amounts remaining unobligated, or obligated but not expended.
(b) SUBMITTAL DATE.—If required to be submitted under sub-
section (a), the submittal date for the report under that subsection
shall be November 30, 2004.
SEC. 3123. STUDY AND REPORT RELATING TO WEAPONS-GRADE URA-
NIUM AND PLUTONIUM OF THE INDEPENDENT STATES
OF THE FORMER SOVIET UNION.
(a) STUDY REQUIRED.—The Secretary of Energy shall carry
out a study on the feasibility, costs, and benefits of—
(1) purchasing, from the independent states of the former
Soviet Union, weapons-grade uranium and plutonium excess
to the defense needs of those states; and
(2) safeguarding the uranium and plutonium so purchased
until rendered unusable for nuclear weapons.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study required by subsection (a).
SEC. 3124. AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS
PROTECTION AND COOPERATION PROGRAM FUNDS OUT-
SIDE THE FORMER SOVIET UNION.
(a) AUTHORITY.—Subject to the provisions of this section, the
President may obligate and expend international nuclear materials
protection and cooperation program funds for a fiscal year, and
any such funds for a fiscal year before such fiscal year that remain
available for obligation, for a defense nuclear nonproliferation
project or activity outside the states of the former Soviet Union
if the President determines each of the following:
(1) That such project or activity will—
(A)(i) assist the United States in the resolution of
a critical emerging proliferation threat; or
Deadline.
22 USC 5952
note.
50 USC 2454
note.
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117 STAT. 1748
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(ii) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation
goals; and
(B) be completed in a short period of time.
(2) That the Department of Energy is the entity of the
Federal Government that is most capable of carrying out such
project or activity.
(b) SCOPE OF AUTHORITY.—The authority in subsection (a) to
obligate and expend funds for a project or activity includes authority
to provide equipment, goods, and services for such project or activity
utilizing such funds, but does not include authority to provide
cash directly to such project or activity.
(c) LIMITATION
ON
TOTAL
AMOUNT
OF
OBLIGATION.—The
amount that may be obligated in a fiscal year under the authority
in subsection (a) may not exceed $50,000,000.
(d) LIMITATION ON AVAILABILITY OF FUNDS.—(1) The President
may not obligate funds for a project or activity under the authority
in subsection (a) until the President makes each determination
specified in that subsection with respect to such project or activity.
(2) Not later than 10 days after obligating funds under the
authority in subsection (a) for a project or activity, the President
shall notify Congress in writing of the determinations made under
paragraph (1) with respect to such project or activity, together
with—
(A) a justification for such determinations; and
(B) a description of the scope and duration of such project
or activity.
(e) ADDITIONAL LIMITATIONS AND REQUIREMENTS.—Except as
otherwise provided in subsections (a) and (b), the exercise of the
authority in subsection (a) shall be subject to any requirement
or limitation under another provision of law as follows:
(1) Any requirement for prior notice or other reports to
Congress on the use of international nuclear materials protec-
tion and cooperation program funds or on international nuclear
materials protection and cooperation program projects or activi-
ties.
(2) Any limitation on the obligation or expenditure of inter-
national nuclear materials protection and cooperation program
funds.
(3) Any limitation on international nuclear materials
protection and cooperation program projects or activities.
(f) FUNDS.—As used in this section, the term ‘‘international
nuclear materials protection and cooperation program funds’’ means
the funds appropriated pursuant to the authorization of appropria-
tions in section 3101(a)(2) for such program.
SEC. 3125. REQUIREMENT FOR ON-SITE MANAGERS.
(a) ON-SITE MANAGER REQUIREMENT.—Before obligating any
defense nuclear nonproliferation funds for a project described in
subsection (b), the Secretary of Energy shall appoint one on-site
manager for that project. The manager shall be appointed from
among employees of the Federal Government.
(b) PROJECTS COVERED.—Subsection (a) applies to a project—
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage
facilities, or construction of a facility; and
22 USC 5961a.
Notification.
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117 STAT. 1749
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(3) with respect to which the total contribution by the
Department of Energy is expected to exceed $50,000,000.
(c) DUTIES
OF
ON-SITE
MANAGER.—The on-site manager
appointed under subsection (a) shall—
(1) develop, in cooperation with representatives from
governments of countries participating in the project, a list
of those steps or activities critical to achieving the project’s
disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or activi-
ties;
(3) meet with all participants to seek assurances that those
steps or activities are being completed on schedule; and
(4) suspend United States participation in a project when
a non-United States participant fails to complete a scheduled
step or activity on time, unless directed by the Secretary of
Energy to resume United States participation.
(d) AUTHORITY
TO MANAGE MORE THAN ONE PROJECT.—(1)
Subject to paragraph (2), an employee of the Federal Government
may serve as on-site manager for more than one project, including
projects at different locations.
(2) If such an employee serves as on-site manager for more
than one project in a fiscal year, the total cost of the projects
for that fiscal year may not exceed $150,000,000.
(e) STEPS
OR ACTIVITIES.—Steps or activities referred to in
subsection (c)(1) are those activities that, if not completed, will
prevent a project from achieving its disarmament or nonprolifera-
tion goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined
in subsection (g)).
(2) Verification that the items, substances, or capabilities
to be dismantled, secured, or otherwise modified are available
for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management,
transportation, and other resources.
(f) NOTIFICATION
TO CONGRESS.—In any case in which the
Secretary of Energy directs an on-site manager to resume United
States participation in a project under subsection (c)(4), the Sec-
retary shall concurrently notify Congress of such direction.
(g) PERMIT DEFINED.—In this section, the term ‘‘permit’’ means
any local or national permit for development, general construction,
environmental, land use, or other purposes that is required in
the state of the former Soviet Union in which the project is being
or is proposed to be carried out.
(h) EFFECTIVE DATE.—This section shall take effect six months
after the date of the enactment of this Act.
Subtitle D—Other Matters
SEC. 3131. PERFORMANCE OF PERSONNEL SECURITY INVESTIGATIONS
OF CERTAIN DEPARTMENT OF ENERGY AND NUCLEAR
REGULATORY COMMISSION EMPLOYEES IN SENSITIVE
PROGRAMS.
(a) PERFORMANCE BY FBI AT DIRECTION OF DOE OR NRC.—
Subsection f. of section 145 of the Atomic Energy Act of 1954
(42 U.S.C. 2165) is amended to read as follows:
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117 STAT. 1750
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‘‘f. (1) Notwithstanding the provisions of subsections a., b.,
and c. of this section, but subject to subsection e. of this section,
a majority of the members of the Commission may direct that
an investigation required by such provisions on an individual
described in paragraph (2) be carried out by the Federal Bureau
of Investigation rather than by the Civil Service Commission.
‘‘(2) An individual described in this paragraph is an individual
who is employed—
‘‘(A) in a program certified by a majority of the members
of the Commission to be of a high degree of importance or
sensitivity; or
‘‘(B) in any other specific position certified by a majority
of the members of the Commission to be of a high degree
of importance or sensitivity.’’.
(b) REPEAL OF REQUIREMENT FOR PERFORMANCE BY FBI FOR
PERSONNEL SECURITY AND ASSURANCE PROGRAMS.—Subsection e.(2)
of such section is amended by striking ‘‘or a Personnel Security
and Assurance Program’’.
SEC. 3132. POLICY OF DEPARTMENT OF ENERGY REGARDING FUTURE
DEFENSE ENVIRONMENTAL MANAGEMENT MATTERS.
(a) POLICY REQUIRED.—(1) Commencing not later than October
1, 2005, the Secretary of Energy shall have in effect a policy
for carrying out future defense environmental management matters
of the Department of Energy. The policy shall specify each officer
within the Department with responsibilities for carrying out that
policy and, for each such officer, the nature and extent of those
responsibilities.
(2) In paragraph (1), the term ‘‘future defense environmental
management matter’’ means any environmental cleanup project,
decontamination and decommissioning project, waste management
project, or related activity that arises out of the activities of the
Department in carrying out programs necessary for national secu-
rity and is to be commenced after the date of the enactment of
this Act. However, such term does not include any such project
or activity the responsibility for which has been assigned, as of
the date of the enactment of this Act, to the Environmental Manage-
ment program of the Department.
(b) REFLECTION IN BUDGET.—For fiscal year 2006 and each
fiscal year thereafter, the Secretary shall ensure that the budget
justification materials submitted to Congress in support of the
Department of Energy budget for such fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) reflect the policy required by subsection
(a).
(c) CONSULTATION.—The Secretary shall carry out this section
in consultation with the Administrator for Nuclear Security and
the Under Secretary of Energy for Energy, Science, and Environ-
ment.
(d) REPORT.—The Secretary shall include with the budget jus-
tification materials submitted to Congress in support of the Depart-
ment of Energy budget for fiscal year 2005 (as submitted with
the budget of the President under section 1105(a) of title 31, United
States Code) a report on the policy that the Secretary plans to
have in effect under subsection (a) as of October 1, 2005. The
report shall specify the officers and responsibilities referred to in
subsection (a).
Deadline.
50 USC 2589.
42 USC 2165.
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PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 3133. INCLUSION IN 2005 STOCKPILE STEWARDSHIP PLAN OF CER-
TAIN INFORMATION RELATING TO STOCKPILE STEWARD-
SHIP CRITERIA.
(a) INCLUSION
IN 2005 STOCKPILE STEWARDSHIP PLAN.—In
submitting to Congress the updated version of the 2005 stockpile
stewardship plan, the Secretary of Energy shall include the matters
specified in subsection (b).
(b) MATTERS INCLUDED.—The matters referred to in subsection
(a) are the following:
(1) An update of any information or criteria described in
the report on stockpile stewardship criteria submitted under
section 4202 of the Atomic Energy Defense Act (as transferred
and redesignated by section 3161(e)(3) of this Act).
(2) A description of any additional information identified,
or criteria established, on matters covered by such section
4202 during the period beginning on the date of the submittal
of the report under such section 4202 and ending on the date
of the submittal of the updated version of the plan under
subsection (a) of this section.
(3) For each science-based tool developed by the Depart-
ment of Energy during such period—
(A) a description of the relationship of such science-
based tool to the collection of information needed to deter-
mine that the nuclear weapons stockpile is safe and reli-
able; and
(B) a description of the criteria for judging whether
or not such science-based tool provides for the collection
of such information.
(c) 2005 STOCKPILE STEWARDSHIP PLAN DEFINED.—In this sec-
tion, the term ‘‘2005 stockpile stewardship plan’’ means the updated
version of the plan for maintaining the nuclear weapons stockpile
developed under section 4203 of the Atomic Energy Defense Act
(as transferred and redesignated by section 3161(e)(4) of this Act)
that is required to be submitted to Congress not later than March
15, 2005.
SEC. 3134. PROGRESS REPORTS ON ENERGY EMPLOYEES OCCUPA-
TIONAL ILLNESS COMPENSATION PROGRAM.
(a) REPORT
ON ACCESS
TO INFORMATION
FOR PERFORMANCE
OF RADIATION DOSE RECONSTRUCTIONS.—(1) Not later than 90 days
after the date of the enactment of this Act, the National Institute
for Occupational Safety and Health shall submit to Congress a
report on the ability of the Institute to obtain, in a timely, accurate,
and complete manner, information necessary for the purpose of
carrying out radiation dose reconstructions under the Energy
Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384 et seq.), including information requested from any
element of the Department of Energy.
(2) The report shall include the following:
(A) An identification of each matter adversely affecting
the ability of the Institute to obtain information described
in paragraph (1) in a timely, accurate, and complete manner.
(B) For each facility with respect to which the Institute
is carrying out one or more dose reconstructions described
in paragraph (1)—
(i) a specification of the total number of claims
requiring dose reconstruction;
Deadline.
50 USC 2523
note.
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117 STAT. 1752
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(ii) a specification of the number of claims for which
dose reconstruction has been adversely affected by any
matter identified under paragraph (1); and
(iii) a specification of the number of claims requiring
dose reconstruction for which, because of any matter identi-
fied under paragraph (1), dose reconstruction has not been
completed within 150 days after the date on which the
Secretary of Labor submitted the claim to the Secretary
of Health and Human Services.
(b) REPORT ON DENIAL OF CLAIMS.—(1) Not later than 90 days
after the date of the enactment of this Act, the Secretary of Labor
shall submit to Congress a report on the denial of claims under
the Energy Employees Occupational Illness Compensation Program
Act of 2000 as of the date of such report.
(2) The report shall include for each facility with respect to
which the Secretary has received one or more claims under that
Act the following:
(A) The number of claims received with respect to such
facility that have been denied, including the percentage of
the total number of claims received with respect to such facility
that have been denied.
(B) The reasons for the denial of such claims, including
the number of claims denied for each such reason.
SEC. 3135. REPORT ON INTEGRATION ACTIVITIES OF DEPARTMENT
OF DEFENSE AND DEPARTMENT OF ENERGY WITH
RESPECT TO ROBUST NUCLEAR EARTH PENETRATOR.
Section 1032 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2643;
10 U.S.C. 2358 note) is amended by adding at the end the following
new subsection:
‘‘(e) INTEGRATION
ACTIVITIES
IN
FISCAL
YEAR
2003 WITH
RESPECT TO RNEP.—The report under subsection (a) that is due
on April 1, 2004, shall include, in addition to the elements specified
in subsection (b), a description of the integration and interoper-
ability of the research and development, procurement, and other
activities undertaken during fiscal year 2003 by the Department
of Defense and the Department of Energy with respect to the
Robust Nuclear Earth Penetrator.’’.
Subtitle E—Consolidation of National
Security Provisions
SEC. 3141. TRANSFER AND CONSOLIDATION OF RECURRING AND GEN-
ERAL 
PROVISIONS 
ON 
DEPARTMENT 
OF 
ENERGY
NATIONAL SECURITY PROGRAMS.
(a) PURPOSE.—
(1) IN GENERAL.—The purpose of this section is to assemble
together, without substantive amendment but with technical
and conforming amendments of a non-substantive nature,
recurring and general provisions of law on Department of
Energy national security programs that remain in force in
order to consolidate and organize such provisions of law into
a single Act intended to comprise general provisions of law
on such programs.
50 USC 2501
note.
Deadline.
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117 STAT. 1753
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(2) CONSTRUCTION OF TRANSFERS.—The transfer of a provi-
sion of law by this section shall not be construed as amending,
altering, or otherwise modifying the substantive effect of such
provision.
(3) TREATMENT OF SATISFIED REQUIREMENTS.—Any require-
ment in a provision of law transferred under this section
(including a requirement that an amendment to law be
executed) that has been fully satisfied in accordance with the
terms of such provision of law as of the date of transfer under
this section shall be treated as so fully satisfied, and shall
not be treated as being revived solely by reason of transfer
under this section.
(4) CLASSIFICATION.—The provisions of the Atomic Energy
Defense Act, as amended by this section, shall be classified
to the United States Code as a new chapter of title 50, United
States Code.
(b) DIVISION HEADING.—The Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314) is
amended by adding at the end the following new division heading:
‘‘DIVISION D—ATOMIC ENERGY
DEFENSE PROVISIONS’’.
(c) SHORT TITLE; TABLE OF CONTENTS; DEFINITION.—
(1) SHORT
TITLE; TABLE
OF
CONTENTS.—Section 3601 of
the Atomic Energy Defense Act (title XXXVI of Public Law
107–314; 116 Stat. 2756), is—
(A) transferred to the end of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003;
(B) redesignated as section 4001;
(C) inserted after the heading for division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by subsection (b); and
(D) amended—
(i) by amending the heading to read as follows:
‘‘SEC. 4001. SHORT TITLE; TABLE OF CONTENTS.’’;
(ii) by striking ‘‘This title’’ and inserting ‘‘(a) SHORT
TITLE.—This division’’; and
(iii) by adding at the end the following:
‘‘(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
‘‘DIVISION D—ATOMIC ENERGY DEFENSE PROVISIONS
‘‘Sec. 4001. Short title; table of contents.
‘‘Sec. 4002. Definition.
‘‘TITLE XLI—ORGANIZATIONAL MATTERS
‘‘Sec. 4101. Naval Nuclear Propulsion Program.
‘‘Sec. 4102. Management structure for nuclear weapons production facilities and
nuclear weapons laboratories.
‘‘Sec. 4103. Restriction on licensing requirement for certain defense activities and
facilities.
‘‘TITLE XLII—NUCLEAR WEAPONS STOCKPILE MATTERS
‘‘Subtitle A—Stockpile Stewardship and Weapons Production
‘‘Sec. 4201. Stockpile stewardship program.
50 USC 2501
note.
42 USC 7101
note, 50 USC
2501 note.
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‘‘Sec. 4202. Report on stockpile stewardship criteria.
‘‘Sec. 4203. Plan for stewardship, management, and certification of warheads in the
nuclear weapons stockpile.
‘‘Sec. 4204. Nuclear weapons stockpile life extension program.
‘‘Sec. 4205. Annual assessments and reports to the President and Congress regard-
ing the condition of the United States nuclear weapons stockpile.
‘‘Sec. 4206. Form of certifications regarding the safety or reliability of the nuclear
weapons stockpile.
‘‘Sec. 4207. Nuclear test ban readiness program.
‘‘Sec. 4208. Study on nuclear test readiness postures.
‘‘Sec. 4209. Requirements for specific request for new or modified nuclear weapons.
‘‘Sec. 4210. Limitation on underground nuclear weapons tests.
‘‘Sec. 4211. Testing of nuclear weapons.
‘‘Sec. 4212. Manufacturing infrastructure for refabrication and certification of nu-
clear weapons stockpile.
‘‘Sec. 4213. Reports on critical difficulties at nuclear weapons laboratories and nu-
clear weapons production plants.
‘‘Subtitle B—Tritium
‘‘Sec. 4231. Tritium production program.
‘‘Sec. 4232. Tritium recycling.
‘‘Sec. 4233. Tritium production.
‘‘Sec. 4234. Modernization and consolidation of tritium recycling facilities.
‘‘Sec. 4235. Procedures for meeting tritium production requirements.
‘‘TITLE XLIII—PROLIFERATION MATTERS
‘‘Sec. 4301. International cooperative stockpile stewardship.
‘‘Sec. 4302. Nonproliferation initiatives and activities.
‘‘Sec. 4303. Annual report on status of Nuclear Materials Protection, Control, and
Accounting Program.
‘‘Sec. 4304. Nuclear Cities Initiative.
‘‘Sec. 4305. Authority to conduct program relating to fissile materials.
‘‘Sec. 4306. Disposition of weapons-usable plutonium at Savannah River Site.
‘‘Sec. 4306A. Disposition of surplus defense plutonium at Savannah River Site,
Aiken, South Carolina.
‘‘TITLE XLIV—ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT MATTERS
‘‘Subtitle A—Environmental Restoration and Waste Management
‘‘Sec. 4401. Defense Environmental Restoration and Waste Management Account.
‘‘Sec. 4402. Requirement to develop future use plans for environmental manage-
ment program.
‘‘Sec. 4403. Integrated fissile materials management plan.
‘‘Sec. 4404. Baseline environmental management reports.
‘‘Sec. 4405. Accelerated schedule for environmental restoration and waste manage-
ment activities.
‘‘Sec. 4406. Defense waste cleanup technology program.
‘‘Sec. 4407. Report on environmental restoration expenditures.
‘‘Sec. 4408. Public participation in planning for environmental restoration and
waste management at defense nuclear facilities.
‘‘Subtitle B—Closure of Facilities
‘‘Sec. 4421. Projects to accelerate closure activities at defense nuclear facilities.
‘‘Sec. 4422. Reports in connection with permanent closures of Department of En-
ergy defense nuclear facilities.
‘‘Subtitle C—Privatization
‘‘Sec. 4431. Defense environmental management privatization projects.
‘‘Subtitle D—Hanford Reservation, Washington
‘‘Sec. 4441. Safety measures for waste tanks at Hanford nuclear reservation.
‘‘Sec. 4442. Hanford waste tank cleanup program reforms.
‘‘Sec. 4443. River Protection Project.
‘‘Sec. 4444. Funding for termination costs of River Protection Project, Richland,
Washington.
‘‘Subtitle E—Savannah River Site, South Carolina
‘‘Sec. 4451. Accelerated schedule for isolating high-level nuclear waste at the de-
fense waste processing facility, Savannah River Site.
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PUBLIC LAW 108–136—NOV. 24, 2003
‘‘Sec. 4452. Multi-year plan for clean-up.
‘‘Sec. 4453. Continuation of processing, treatment, and disposal of legacy nuclear
materials.
‘‘Sec. 4453A. Continuation of processing, treatment, and disposition of legacy nu-
clear materials.
‘‘Sec. 4453B. Continuation of processing, treatment, and disposition of legacy nu-
clear materials.
‘‘Sec. 4453C. Continuation of processing, treatment, and disposal of legacy nuclear
materials.
‘‘Sec. 4453D. Continuation of processing, treatment, and disposal of legacy nuclear
materials.
‘‘Sec. 4454. Limitation on use of funds for decommissioning F–canyon facility.
‘‘TITLE XLV—SAFEGUARDS AND SECURITY MATTERS
‘‘Subtitle A—Safeguards and Security
‘‘Sec. 4501. Prohibition on international inspections of Department of Energy facili-
ties unless protection of Restricted Data is certified.
‘‘Sec. 4502. Restrictions on access to national laboratories by foreign visitors from
sensitive countries.
‘‘Sec. 4503. Background investigations of certain personnel at Department of En-
ergy facilities.
‘‘Sec. 4504. Department of Energy counterintelligence polygraph program.
‘‘Sec. 4504A. Counterintelligence polygraph program.
‘‘Sec. 4505. Notice to congressional committees of certain security and counterintel-
ligence failures within nuclear energy defense programs.
‘‘Sec. 4506. Submittal of annual report on status of security functions at nuclear
weapons facilities.
‘‘Sec. 4507. Report on counterintelligence and security practices at national labora-
tories.
‘‘Sec. 4508. Report on security vulnerabilities of national laboratory computers.
‘‘Subtitle B—Classified Information
‘‘Sec. 4521. Review of certain documents before declassification and release.
‘‘Sec. 4522. Protection against inadvertent release of Restricted Data and Formerly
Restricted Data.
‘‘Sec. 4523. Supplement to plan for declassification of Restricted Data and Formerly
Restricted Data.
‘‘Sec. 4524. Protection of classified information during laboratory-to-laboratory ex-
changes.
‘‘Sec. 4525. Identification in budget materials of amounts for declassification activi-
ties and limitation on expenditures for such activities.
‘‘Subtitle C—Emergency Response
‘‘Sec. 4541. Responsibility for Defense Programs Emergency Response Program.
‘‘TITLE XLVI—PERSONNEL MATTERS
‘‘Subtitle A—Personnel Management
‘‘Sec. 4601. Authority for appointment of certain scientific, engineering, and tech-
nical personnel.
‘‘Sec. 4602. Whistleblower protection program.
‘‘Sec. 4603. Employee incentives for employees at closure project facilities.
‘‘Sec. 4604. Department of Energy defense nuclear facilities workforce restructuring
plan.
‘‘Sec. 4605. Authority to provide certificate of commendation to Department of En-
ergy and contractor employees for exemplary service in stockpile stew-
ardship and security.
‘‘Subtitle B—Education and Training
‘‘Sec. 4621. Executive management training in the Department of Energy.
‘‘Sec. 4622. Stockpile stewardship recruitment and training program.
‘‘Sec. 4623. Fellowship program for development of skills critical to the Department
of Energy nuclear weapons complex.
‘‘Subtitle C—Worker Safety
‘‘Sec. 4641. Worker protection at nuclear weapons facilities.
‘‘Sec. 4642. Safety oversight and enforcement at defense nuclear facilities.
‘‘Sec. 4643. Program to monitor Department of Energy workers exposed to haz-
ardous and radioactive substances.
‘‘Sec. 4644. Programs for persons who may have been exposed to radiation released
from Hanford nuclear reservation.
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117 STAT. 1756
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘TITLE XLVII—BUDGET AND FINANCIAL MANAGEMENT MATTERS
‘‘Subtitle A—Recurring National Security Authorization Provisions
‘‘Sec. 4701. Definitions.
‘‘Sec. 4702. Reprogramming.
‘‘Sec. 4703. Minor construction projects.
‘‘Sec. 4704. Limits on construction projects.
‘‘Sec. 4705. Fund transfer authority.
‘‘Sec. 4706. Conceptual and construction design.
‘‘Sec. 4707. Authority for emergency planning, design, and construction activities.
‘‘Sec. 4708. Scope of authority to carry out plant projects.
‘‘Sec. 4709. Availability of funds.
‘‘Sec. 4710. Transfer of defense environmental management funds.
‘‘Sec. 4711. Transfer of weapons activities funds.
‘‘Sec. 4712. Funds available for all national security programs of the Department
of Energy.
‘‘Subtitle B—Penalties
‘‘Sec. 4721. Restriction on use of funds to pay penalties under environmental laws.
‘‘Sec. 4722. Restriction on use of funds to pay penalties under Clean Air Act.
‘‘Subtitle C—Other Matters
‘‘Sec. 4731. Single request for authorization of appropriations for common defense
and security programs.
‘‘TITLE XLVIII—ADMINISTRATIVE MATTERS
‘‘Subtitle A—Contracts
‘‘Sec. 4801. Costs not allowed under covered contracts.
‘‘Sec. 4802. Prohibition and report on bonuses to contractors operating defense nu-
clear facilities.
‘‘Sec. 4803. Contractor liability for injury or loss of property arising out of atomic
weapons testing programs.
‘‘Subtitle B—Research and Development
‘‘Sec. 4811. Laboratory–directed research and development programs.
‘‘Sec. 4812. Limitations on use of funds for laboratory directed research and devel-
opment purposes.
‘‘Sec. 4812A. Limitation on use of funds for certain research and development pur-
poses.
‘‘Sec. 4813. Critical technology partnerships.
‘‘Sec. 4814. University-based research collaboration program.
‘‘Subtitle C—Facilities Management
‘‘Sec. 4831. Transfers of real property at certain Department of Energy facilities.
‘‘Sec. 4832. Engineering and manufacturing research, development, and demonstra-
tion by plant managers of certain nuclear weapons production plants.
‘‘Sec. 4833. Pilot program relating to use of proceeds of disposal or utilization of
certain Department of Energy assets.
‘‘Subtitle D—Other Matters
‘‘Sec. 4851. Semiannual reports on local impact assistance.
‘‘Sec. 4852. Payment of costs of operation and maintenance of infrastructure at Ne-
vada Test Site.’’.
(2) DEFINITION.—Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended
by this section, is further amended by adding at the end the
following new section:
‘‘SEC. 4002. DEFINITION.
‘‘In this division, the term ‘congressional defense committees’
means—
‘‘(1) the Committee on Armed Services and the Committee
on Appropriations of the Senate; and
‘‘(2) the Committee on Armed Services and the Committee
on Appropriations of the House of Representatives.’’.
(d) ORGANIZATIONAL MATTERS.—
50 USC 2501.
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117 STAT. 1757
PUBLIC LAW 108–136—NOV. 24, 2003
(1) TITLE HEADING.—Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended
by this section, is further amended by adding at the end the
following:
‘‘TITLE XLI—ORGANIZATIONAL
MATTERS’’.
(2) NAVAL NUCLEAR PROPULSION PROGRAM.—Section 1634
of the Department of Defense Authorization Act, 1985 (Public
Law 98–525; 98 Stat. 2649), is—
(A) transferred to title XLI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as added
by paragraph (1);
(B) inserted after the title heading for such title, as
so added; and
(C) amended—
(i) by striking the section heading and inserting
the following new section heading:
‘‘SEC. 4101. NAVAL NUCLEAR PROPULSION PROGRAM.’’;
and
(ii) by striking ‘‘SEC. 1634.’’.
(3) MANAGEMENT STRUCTURE FOR FACILITIES AND LABORA-
TORIES.—Section 3140 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2833),
is—
(A) transferred to title XLI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4102;
(C) inserted after section 4101, as added by paragraph
(2); and
(D) amended in subsection (d)(2), by striking ‘‘120 days
after the date of the enactment of this Act,’’ and inserting
‘‘January 21, 1997,’’.
(4) RESTRICTION ON LICENSING REQUIREMENTS FOR CERTAIN
ACTIVITIES AND FACILITIES.—Section 210 of the Department of
Energy National Security and Military Applications of Nuclear
Energy Authorization Act of 1981 (Public Law 96–540; 94 Stat.
3202), is—
(A) transferred to title XLI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) inserted after section 4102, as added by paragraph
(3); and
(C) amended—
(i) by striking the section heading and inserting
the following new section heading:
‘‘SEC. 4103. RESTRICTION ON LICENSING REQUIREMENT FOR CERTAIN
DEFENSE ACTIVITIES AND FACILITIES.’’;
(ii) by striking ‘‘SEC. 210.’’; and
(iii) by striking ‘‘this or any other Act’’ and
inserting ‘‘the Department of Energy National Security
and 
Military 
Applications 
of 
Nuclear 
Energy
50 USC 2513.
42 USC 7272.
50 USC 2513.
50 USC 2512.
42 USC 7252
note.
50 USC 2512.
42 USC 7158
note.
50 USC 2511.
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117 STAT. 1758
PUBLIC LAW 108–136—NOV. 24, 2003
Authorization Act of 1981 (Public Law 96–540) or any
other Act’’.
(e) NUCLEAR WEAPONS STOCKPILE MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended
by this section, is further amended by adding at the end the
following new headings:
‘‘TITLE XLII—NUCLEAR WEAPONS
STOCKPILE MATTERS
‘‘Subtitle A—Stockpile Stewardship and
Weapons Production’’.
(2) STOCKPILE STEWARDSHIP PROGRAM.—Section 3138 of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 107 Stat. 1946), as amended by section 3152(e)
of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 2042), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as added
by paragraph (1);
(B) redesignated as section 4201; and
(C) inserted after the heading for subtitle A of such
title, as so added.
(3) STOCKPILE STEWARDSHIP CRITERIA.—Section 3158 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105–261; 112 Stat. 2257), as amended,
is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4202; and
(C) inserted after section 4201, as added by paragraph
(2).
(4) PLAN FOR STEWARDSHIP, MANAGEMENT, AND CERTIFI-
CATION
OF
WARHEADS
IN
STOCKPILE.—Section 3151 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105–85; 111 Stat. 2041), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4203; and
(C) inserted after section 4202, as added by paragraph
(3).
(5) STOCKPILE LIFE EXTENSION PROGRAM.—Section 3133 of
the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 926), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4204;
(C) inserted after section 4203, as added by paragraph
(4); and
Ante, p. 1743.
42 USC 2121
note.
50 USC 2524.
42 USC 2121
note.
50 USC 2523.
42 USC 2121
note.
50 USC 2522.
42 USC 2121
note.
50 USC 2521.
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117 STAT. 1759
PUBLIC LAW 108–136—NOV. 24, 2003
(D) amended in subsection (c)(1) by striking ‘‘the date
of the enactment of this Act’’ and inserting ‘‘October 5,
1999’’.
(6) ANNUAL ASSESSMENTS AND REPORTS ON CONDITION OF
STOCKPILE.—Section 3141 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314;
116 Stat. 2730), is—
(A) transferred to title XLII of such Act, as amended
by this subsection;
(B) redesignated as section 4205;
(C) inserted after section 4204, as added by paragraph
(5); and
(D) amended in subsection (d)(3)(B) by striking ‘‘section
3137 of the National Defense Authorization Act for Fiscal
Year 1996 (42 U.S.C. 2121 note)’’ and inserting ‘‘section
4212’’.
(7) FORM OF CERTAIN CERTIFICATIONS REGARDING STOCK-
PILE.—Section 3194 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–481), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4206; and
(C) inserted after section 4205, as added by paragraph
(6).
(8) NUCLEAR TEST BAN READINESS PROGRAM.—Section 1436
of the National Defense Authorization Act, Fiscal Year 1989
(Public Law 100–456; 102 Stat. 2075), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4207;
(C) inserted after section 4206, as added by paragraph
(7); and
(D) amended in the section heading by adding a period
at the end.
(9) STUDY ON NUCLEAR TEST READINESS POSTURES.—Section
3152 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104–106; 110 Stat. 623), as amended by
section 3192 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–480), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4208; and
(C) inserted after section 4207, as added by paragraph
(8).
(10) REQUIREMENTS FOR REQUESTS FOR NEW OR MODIFIED
NUCLEAR WEAPONS.—Section 3143 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107–314; 116 Stat. 2733), is—
(A) transferred to title XLII of such Act, as amended
by this subsection;
(B) redesignated as section 4209; and
42 USC 7271d.
50 USC 2529.
42 USC 2121
note, 50 USC
2528.
50 USC 2527.
42 USC 2121
note, 50 USC
2527.
42 USC 2121
note, 50 USC
2526.
50 USC 2525.
42 USC 7274s.
50 USC 2525.
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117 STAT. 1760
PUBLIC LAW 108–136—NOV. 24, 2003
(C) inserted after section 4208, as added by paragraph
(9).
(11) LIMITATION
ON
UNDERGROUND
NUCLEAR
WEAPONS
TESTS.—Subsection (f) of section 507 of the Energy and Water
Development Appropriations Act, 1993 (Public Law 102–337;
106 Stat. 1345), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) inserted after section 4209, as added by paragraph
(10); and
(C) amended—
(i) by inserting before the text the following new
section heading:
‘‘SEC. 4210. LIMITATION ON UNDERGROUND NUCLEAR WEAPONS
TESTS.’’;
and
(ii) by striking ‘‘(f)’’.
(12) TESTING OF NUCLEAR WEAPONS.—Section 3137 of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 107 Stat. 1946), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4211;
(C) inserted after section 4210, as added by paragraph
(11); and
(D) amended—
(i) in subsection (a), by inserting ‘‘of the National
Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160)’’ after ‘‘section 3101(a)(2)’’; and
(ii) in subsection (b), by striking ‘‘this Act’’ and
inserting ‘‘the National Defense Authorization Act for
Fiscal Year 1994’’.
(13) MANUFACTURING INFRASTRUCTURE FOR STOCKPILE.—
Section 3137 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104–106; 110 Stat. 620), as
amended by section 3132 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2829),
is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4212;
(C) inserted after section 4211, as added by paragraph
(12); and
(D) amended in subsection (d) by inserting ‘‘of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104–106)’’ after ‘‘section 3101(b)’’.
(14) REPORTS ON CRITICAL DIFFICULTIES AT LABORATORIES
AND PLANTS.—Section 3159 of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat.
2842), as amended by section 1305 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85;
111 Stat. 1954) and section 3163 of the National Defense
42 USC 7274o.
10 USC 179,
50 USC 2533.
50 USC 2532.
42 USC 2121
note.
50 USC 2532.
50 USC 2531.
42 USC 2121
note.
50 USC 2531.
42 USC 2121
note, 50 USC
2530.
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117 STAT. 1761
PUBLIC LAW 108–136—NOV. 24, 2003
Authorization Act for Fiscal Year 2000 (Public Law 106–65;
113 Stat. 944), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4213; and
(C) inserted after section 4212, as added by paragraph
(13).
(15) SUBTITLE HEADING ON TRITIUM.—Title XLII of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection, is further amended by adding
at the end the following new subtitle heading:
‘‘Subtitle B—Tritium’’.
(16) TRITIUM PRODUCTION PROGRAM.—Section 3133 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 110 Stat. 618), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4231;
(C) inserted after the heading for subtitle B of such
title XLII, as added by paragraph (15); and
(D) amended—
(i) by striking ‘‘the date of the enactment of this
Act’’ each place it appears and inserting ‘‘February
10, 1996’’; and
(ii) in subsection (b), by inserting ‘‘of the National
Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106)’’ after ‘‘section 3101’’.
(17) TRITIUM
RECYCLING.—Section 3136 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 620), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4232; and
(C) inserted after section 4231, as added by paragraph
(16).
(18) TRITIUM PRODUCTION.—Subsections (c) and (d) of sec-
tion 3133 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104–201; 110 Stat. 2830) are—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) inserted after section 4232, as added by paragraph
(17); and
(C) amended—
(i) by inserting before the text the following new
section heading:
‘‘SEC. 4233. TRITIUM PRODUCTION.’’;
(ii) by redesignating such subsections as sub-
sections (a) and (b), respectively; and
(iii) in subsection (a), as so redesignated, by
inserting ‘‘of Energy’’ after ‘‘The Secretary’’.
50 USC 2543.
50 USC 2542.
50 USC 2541.
42 USC 2121
note, 50 USC
2541.
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117 STAT. 1762
PUBLIC LAW 108–136—NOV. 24, 2003
(19) MODERNIZATION
AND
CONSOLIDATION
OF
TRITIUM
RECYCLING FACILITIES.—Section 3134 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201;
110 Stat. 2830), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4234;
(C) inserted after section 4233, as added by paragraph
(18); and
(D) amended in subsection (b) by inserting ‘‘of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104–201)’’ after ‘‘section 3101’’.
(20) PROCEDURES
FOR
MEETING
TRITIUM
PRODUCTION
REQUIREMENTS.—Section 
3134 
of 
the 
National 
Defense
Authorization Act for Fiscal Year 2000 (Public Law 106–65;
113 Stat. 927), is—
(A) transferred to title XLII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4235; and
(C) inserted after section 4234, as added by paragraph
(19).
(f) PROLIFERATION MATTERS.—
(1) TITLE HEADING.—Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended
by this section, is further amended by adding at the end the
following new title heading:
‘‘TITLE XLIII—PROLIFERATION
MATTERS’’.
(2) INTERNATIONAL
COOPERATIVE
STOCKPILE
STEWARD-
SHIP.—Section 3133 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2036),
as amended by sections 1069 and 3131 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 112 Stat. 2136, 2246), is—
(A) transferred to title XLIII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as added
by paragraph (1);
(B) redesignated as section 4301;
(C) inserted after the heading for such title, as so
added; and
(D) amended in subsection (b)(3) by striking ‘‘this Act’’
and inserting ‘‘the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85)’’.
(3) NONPROLIFERATION INITIATIVES AND ACTIVITIES.—Sec-
tion 3136 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106–65; 113 Stat. 927), is—
(A) transferred to title XLIII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4302;
(C) inserted after section 4301, as added by paragraph
(2); and
50 USC 2562.
50 USC 2561.
42 USC 7273c, 50
USC 2561.
50 USC 2545.
50 USC 2544.
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117 STAT. 1763
PUBLIC LAW 108–136—NOV. 24, 2003
(D) amended in subsection (b)(1) by striking ‘‘this title’’
and inserting ‘‘title XXXI of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106–
65)’’.
(4) ANNUAL REPORT ON MATERIALS PROTECTION, CONTROL,
AND
ACCOUNTING
PROGRAM.—Section 3171 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106–398; 114 Stat.
1645A–475), is—
(A) transferred to title XLIII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4303;
(C) inserted after section 4302, as added by paragraph
(3); and
(D) amended in subsection (c)(1) by striking ‘‘this Act’’
and inserting ‘‘the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106–398)’’.
(5) NUCLEAR CITIES INITIATIVE.—Section 3172 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106–398; 114 Stat.
1645A–476), is—
(A) transferred to title XLIII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4304; and
(C) inserted after section 4303, as added by paragraph
(4).
(6) PROGRAMS ON FISSILE MATERIALS.—Section 3131 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 110 Stat. 617), as amended by section 3152
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107–314; 116 Stat. 2738), is—
(A) transferred to title XLIII of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4305; and
(C) inserted after section 4304, as added by paragraph
(5).
(7) DISPOSITION OF PLUTONIUM.—
(A) DISPOSITION OF WEAPONS USABLE PLUTONIUM.—Sec-
tion 3182 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat.
2747), is—
(i) transferred to title XLIII of such Act, as
amended by this subsection;
(ii) redesignated as section 4306; and
(iii) inserted after section 4305, as added by para-
graph (6).
(B) DISPOSITION OF SURPLUS DEFENSE PLUTONIUM.—
Section 3155 of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1378),
is—
(i) transferred to title XLIII of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
50 USC 2567.
50 USC 2566.
22 USC 5952
note, 50 USC
2565.
50 USC 2564.
50 USC 2563.
22 USC 5952
note, 50 USC
2563.
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117 STAT. 1764
PUBLIC LAW 108–136—NOV. 24, 2003
(ii) redesignated as section 4306A; and
(iii) inserted after section 4306, as added by
subparagraph (A).
(g) ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended
by this section, is further amended by adding at the end the
following new headings:
‘‘TITLE 
XLIV—ENVIRONMENTAL 
RES-
TORATION AND WASTE MANAGEMENT
MATTERS
‘‘Subtitle A—Environmental Restoration
and Waste Management’’.
(2) DEFENSE
ENVIRONMENTAL
RESTORATION
AND
WASTE
MANAGEMENT ACCOUNT.—Section 3134 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102–190; 105 Stat. 1575), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as added
by paragraph (1);
(B) redesignated as section 4401; and
(C) inserted after the heading for subtitle A of such
title, as so added.
(3) FUTURE USE PLANS FOR ENVIRONMENTAL MANAGEMENT
PROGRAM.—Section 3153 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2839),
is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4402;
(C) inserted after section 4401, as added by paragraph
(2); and
(D) amended—
(i) in subsection (d), by striking ‘‘the date of the
enactment of this Act’’ and inserting ‘‘September 23,
1996,’’; and
(ii) in subsection (h)(1), by striking ‘‘the date of
the enactment of this Act’’ and inserting ‘‘September
23, 1996’’.
(4) INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.—
Section 3172 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106–65; 113 Stat. 948), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4403; and
(C) inserted after section 4402, as added by paragraph
(3).
50 USC 2583.
50 USC 2582.
42 USC 7274k
note, 50 USC
2582.
42 USC 7274f,
50 USC 2581.
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117 STAT. 1765
PUBLIC LAW 108–136—NOV. 24, 2003
(5) BASELINE ENVIRONMENTAL MANAGEMENT REPORTS.—Sec-
tion 3153 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103–160; 107 Stat. 1950), as amended
by section 3160 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 3094),
section 3152 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2839), and
section 3160 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2048), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4404; and
(C) inserted after section 4403, as added by paragraph
(4).
(6) ACCELERATED SCHEDULE FOR ENVIRONMENTAL RESTORA-
TION AND WASTE MANAGEMENT.—Section 3156 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 625), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4405;
(C) inserted after section 4404, as added by paragraph
(5); and
(D) amended in subsection (b)(2) by inserting before
the period the following: ‘‘, the predecessor provision to
section 4404 of this Act’’.
(7) DEFENSE WASTE CLEANUP TECHNOLOGY PROGRAM.—Sec-
tion 3141 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1679),
is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4406;
(C) inserted after section 4405, as added by paragraph
(6); and
(D) amended in the section heading by adding a period
at the end.
(8) REPORT
ON
ENVIRONMENTAL
RESTORATION
EXPENDI-
TURES.—Section 3134 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1833),
is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4407;
(C) inserted after section 4406, as added by paragraph
(7); and
(D) amended in the section heading by adding a period
at the end.
(9) PUBLIC PARTICIPATION IN PLANNING FOR ENVIRONMENTAL
RESTORATION AND WASTE MANAGEMENT.—Subsection (e) of sec-
tion 3160 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; 108 Stat. 3095), is—
42 USC 7274g
note, 50 USC
2588.
50 USC 2587.
42 USC 7274c,
50 USC 2587.
50 USC 2586.
42 USC 7274a,
50 USC 2586.
50 USC 2585.
42 USC 7274k
note, 50 USC
2585.
42 USC 7274k,
50 USC 2584.
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117 STAT. 1766
PUBLIC LAW 108–136—NOV. 24, 2003
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) inserted after section 4407, as added by paragraph
(8); and
(C) amended—
(i) by inserting before the text the following new
section heading:
‘‘SEC. 4408. PUBLIC PARTICIPATION IN PLANNING FOR ENVIRON-
MENTAL RESTORATION AND WASTE MANAGEMENT AT
DEFENSE NUCLEAR FACILITIES.’’;
and
(ii) by striking ‘‘(e) PUBLIC PARTICIPATION IN PLAN-
NING.—’’.
(10) SUBTITLE HEADING ON CLOSURE OF FACILITIES.—Title
XLIV of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
‘‘Subtitle B—Closure of Facilities’’.
(11) PROJECTS
TO
ACCELERATE
CLOSURE
ACTIVITIES
AT
DEFENSE NUCLEAR FACILITIES.—Section 3143 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law
104–201; 110 Stat. 2836), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4421;
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (10); and
(D) amended in subsection (i) by striking ‘‘the expira-
tion of the 15-year period beginning on the date of the
enactment of this Act’’ and inserting ‘‘September 23, 2011’’.
(12) REPORTS IN CONNECTION WITH PERMANENT CLOSURE
OF DEFENSE NUCLEAR FACILITIES.—Section 3156 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101–189; 103 Stat. 1683), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4422;
(C) inserted after section 4421, as added by paragraph
(11); and
(D) amended in the section heading by adding a period
at the end.
(13) SUBTITLE HEADING ON PRIVATIZATION.—Title XLIV of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection, is further amended
by adding at the end the following new subtitle heading:
50 USC 2602.
42 USC 7274b,
50 USC 2602.
50 USC 2601.
42 USC 7274n,
50 USC 2601.
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117 STAT. 1767
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘Subtitle C—Privatization’’.
(14) DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
PROJECTS.—Section 3132 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2034),
is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4431;
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (13); and
(D) amended—
(i) in subsections (a), (c)(1)(B)(i), and (d), by
inserting ‘‘of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105–85)’’ after ‘‘sec-
tion 3102(i)’’; and
(ii) in subsections (c)(1)(B)(ii) and (f), by striking
‘‘the date of enactment of this Act’’ and inserting
‘‘November 18, 1997’’.
(15) SUBTITLE HEADING ON HANFORD RESERVATION.—Title
XLIV of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
‘‘Subtitle D—Hanford Reservation,
Washington’’.
(16) SAFETY MEASURES FOR WASTE TANKS.—Section 3137
of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101–510; 104 Stat. 1833), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4441;
(C) inserted after the heading for subtitle D of such
title, as added by paragraph (15); and
(D) amended—
(i) in the section heading, by adding a period at
the end;
(ii) in subsection (a), by striking ‘‘Within 90 days
after the date of the enactment of this Act,’’ and
inserting ‘‘Not later than February 3, 1991,’’;
(iii) in subsection (b), by striking ‘‘Within 120 days
after the date of the enactment of this Act,’’ and
inserting ‘‘Not later than March 5, 1991,’’;
(iv) in subsection (c), by striking ‘‘Beginning 120
days after the date of the enactment of this Act,’’
and inserting ‘‘Beginning March 5, 1991,’’; and
(v) in subsection (d), by striking ‘‘Within six
months after the date of the enactment of this Act,’’
and inserting ‘‘Not later than May 5, 1991,’’.
(17) WASTE TANK CLEANUP PROGRAM.—Section 3139 of the
Strom Thurmond National Defense Authorization Act for Fiscal
50 USC 2622.
50 USC 2621.
50 USC 2611.
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117 STAT. 1768
PUBLIC LAW 108–136—NOV. 24, 2003
Year 1999 (Public Law 105–261; 112 Stat. 2250), as amended
by section 3141 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–463) and section
3135 of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107–107; 115 Stat. 1368), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4442;
(C) inserted after section 4441, as added by paragraph
(16); and
(D) amended in subsection (d) by striking ‘‘30 days
after the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001,’’
and inserting ‘‘November 29, 2000,’’.
(18) RIVER PROTECTION PROJECT.—Subsection (a) of section
3141 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–462), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) inserted after section 4442, as added by paragraph
(17); and
(C) amended—
(i) by inserting before the text the following new
section heading:
‘‘SEC. 4443. RIVER PROTECTION PROJECT.’’;
and
(ii) by striking ‘‘(a) REDESIGNATION OF PROJECT.—’’.
(19) FUNDING FOR TERMINATION COSTS OF RIVER PROTEC-
TION PROJECT.—Section 3131 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–454), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4444;
(C) inserted after section 4443, as added by paragraph
(18); and
(D) amended—
(i) by striking ‘‘section 3141’’ and inserting ‘‘section
4443’’; and
(ii) by striking ‘‘the date of the enactment of this
Act’’ and inserting ‘‘October 30, 2000’’.
(20) SUBTITLE HEADING ON SAVANNAH RIVER SITE, SOUTH
CAROLINA.—Title XLIV of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this
subsection, is further amended by adding at the end the fol-
lowing new subtitle heading:
50 USC 2624.
50 USC 2623.
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117 STAT. 1769
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘Subtitle E—Savannah River Site, South
Carolina’’.
(21) ACCELERATED SCHEDULE FOR ISOLATING HIGH-LEVEL
NUCLEAR
WASTE
AT
DEFENSE
WASTE
PROCESSING
FACILITY.—
Section 3141 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2834), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as 4451; and
(C) inserted after the heading for subtitle E of such
title, as added by paragraph (20).
(22) MULTI-YEAR PLAN FOR CLEAN-UP.—Subsection (e) of
section 3142 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2834), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) inserted after section 4451, as added by paragraph
(21); and
(C) amended—
(i) by inserting before the text the following new
section heading:
‘‘SEC. 4452. MULTI-YEAR PLAN FOR CLEAN-UP.’’;
and
(ii) by striking ‘‘(e) MULTI-YEAR PLAN FOR CLEAN-
UP
AT SAVANNAH RIVER SITE.—The Secretary’’ and
inserting ‘‘The Secretary of Energy’’.
(23) CONTINUATION OF PROCESSING, TREATMENT, AND DIS-
POSAL OF LEGACY NUCLEAR MATERIALS.—
(A) FISCAL YEAR 2001.—Subsection (a) of section 3137
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–460), is—
(i) transferred to title XLIV of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) inserted after section 4452, as added by para-
graph (22); and
(iii) amended—
(I) by inserting before the text the following
new section heading:
‘‘SEC. 4453. CONTINUATION OF PROCESSING, TREATMENT, AND DIS-
POSAL OF LEGACY NUCLEAR MATERIALS.’’;
and
(II) by striking ‘‘(a) CONTINUATION.—’’.
(B) FISCAL YEAR 2000.—Section 3132 of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106–65; 113 Stat. 924), is—
(i) transferred to title XLIV of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4453A; and
50 USC 2634.
50 USC 2633.
50 USC 2632.
50 USC 2631.
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117 STAT. 1770
PUBLIC LAW 108–136—NOV. 24, 2003
(iii) inserted after section 4453, as added by
subparagraph (A).
(C) FISCAL
YEAR
1999.—Section 3135 of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105–261; 112 Stat. 2248), is—
(i) transferred to title XLIV of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4453B; and
(iii) inserted after section 4453A, as added by
subparagraph (B).
(D) FISCAL YEAR 1998.—Subsection (b) of section 3136
of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105–85; 111 Stat. 2038), is—
(i) transferred to title XLIV of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) inserted after section 4453B, as added by
subparagraph (C); and
(iii) amended—
(I) by inserting before the text the following
new section heading:
‘‘SEC. 4453C. CONTINUATION OF PROCESSING, TREATMENT, AND DIS-
POSAL OF LEGACY NUCLEAR MATERIALS.’’;
and
(II) by striking ‘‘(b) REQUIREMENT FOR CON-
TINUING
OPERATIONS
AT
SAVANNAH
RIVER
SITE.—’’.
(E) FISCAL YEAR 1997.—Subsection (f) of section 3142
of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201; 110 Stat. 2836), is—
(i) transferred to title XLIV of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) inserted after section 4453C, as added by
subparagraph (D); and
(iii) amended—
(I) by inserting before the text the following
new section heading:
‘‘SEC. 4453D. CONTINUATION OF PROCESSING, TREATMENT, AND DIS-
POSAL OF LEGACY NUCLEAR MATERIALS.’’;
(II) by striking ‘‘(f) REQUIREMENT FOR CON-
TINUING OPERATIONS AT SAVANNAH RIVER SITE.—
The Secretary’’ and inserting ‘‘The Secretary of
Energy’’; and
(III) by striking ‘‘subsection (e)’’ and inserting
‘‘section 4452’’.
(24) LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING
F–CANYON FACILITY.—Subsection (b) of section 3137 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–460), is—
(A) transferred to title XLIV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
50 USC 2638.
50 USC 2637.
50 USC 2636.
50 USC 2635.
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117 STAT. 1771
PUBLIC LAW 108–136—NOV. 24, 2003
(B) inserted after section 4453D, as added by para-
graph (23)(E); and
(C) amended—
(i) by inserting before the text the following new
section heading:
‘‘SEC. 4454. LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING
F–CANYON FACILITY.’’;
(ii) by striking ‘‘(b) LIMITATION ON USE OF FUNDS
FOR DECOMMISSIONING F–CANYON FACILITY.—’’;
(iii) by striking ‘‘this or any other Act’’ and
inserting ‘‘the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398) or any other Act’’;
and
(iv) by striking ‘‘the Secretary’’ in the matter pre-
ceding paragraph (1) and inserting ‘‘the Secretary of
Energy’’.
(h) SAFEGUARDS AND SECURITY MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended
by this section, is further amended by adding at the end the
following new headings:
‘‘TITLE XLV—SAFEGUARDS AND
SECURITY MATTERS
‘‘Subtitle A—Safeguards and Security’’.
(2) PROHIBITION ON INTERNATIONAL INSPECTIONS OF FACILI-
TIES WITHOUT PROTECTION OF RESTRICTED DATA.—Section 3154
of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104–106; 110 Stat. 624), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as added
by paragraph (1);
(B) redesignated as section 4501;
(C) inserted after the heading for subtitle A of such
title, as so added; and
(D) amended—
(i) by striking ‘‘(1) The’’ and inserting ‘‘The’’; and
(ii) by striking ‘‘(2) For purposes of paragraph (1),’’
and inserting ‘‘(c) RESTRICTED DATA DEFINED.—In this
section,’’.
(3) RESTRICTIONS ON ACCESS TO LABORATORIES BY FOREIGN
VISITORS
FROM
SENSITIVE
COUNTRIES.—Section 3146 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106–65; 113 Stat. 935), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4502;
(C) inserted after section 4501, as added by paragraph
(2); and
(D) amended—
(i) in subsection (b)(2)—
50 USC 2652.
42 USC 7383c,
50 USC 2652.
50 USC 2651.
42 USC 2153
note, 2164 note;
50 USC 2651.
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117 STAT. 1772
PUBLIC LAW 108–136—NOV. 24, 2003
(I) in the matter preceding subparagraph (A),
by striking ‘‘30 days after the date of the enact-
ment of this Act’’ and inserting ‘‘on November 4,
1999,’’; and
(II) in subparagraph (A), by striking ‘‘The date
that is 90 days after the date of the enactment
of this Act’’ and inserting ‘‘January 3, 2000’’;
(ii) in subsection (d)(1), by striking ‘‘the date of
the enactment of this Act,’’ and inserting ‘‘October
5, 1999,’’; and
(iii) in subsection (g), by adding at the end the
following new paragraphs:
‘‘(3) The term ‘national laboratory’ means any of the fol-
lowing:
‘‘(A) Lawrence Livermore National Laboratory, Liver-
more, California.
‘‘(B) Los Alamos National Laboratory, Los Alamos, New
Mexico.
‘‘(C) Sandia National Laboratories, Albuquerque, New
Mexico and Livermore, California.
‘‘(4) The term ‘Restricted Data’ has the meaning given
that term in section 11 y. of the Atomic Energy Act of 1954
(42 U.S.C. 2014(y)).’’.
(4) BACKGROUND INVESTIGATIONS ON CERTAIN PERSONNEL.—
Section 3143 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106–65; 113 Stat. 934), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4503;
(C) inserted after section 4502, as added by paragraph
(3); and
(D) amended—
(i) in subsection (b), by striking ‘‘the date of the
enactment of this Act’’ and inserting ‘‘October 5, 1999,’’;
and
(ii) by adding at the end the following new sub-
section:
‘‘(c) DEFINITIONS.—In this section, the terms ‘national labora-
tory’ and ‘Restricted Data’ have the meanings given such terms
in section 4502(g).’’.
(5) COUNTERINTELLIGENCE POLYGRAPH PROGRAM.—
(A) DEPARTMENT
OF
ENERGY
COUNTERINTELLIGENCE
POLYGRAPH
PROGRAM.—Section 3152 of the National
Defense Authorization Act for Fiscal Year 2002 (Public
Law 107–107; 115 Stat. 1376), is—
(i) transferred to title XLV of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4504;
(iii) inserted after section 4503, as added by para-
graph (4); and
(iv) amended in subsection (c) by striking ‘‘section
3154 of the Department of Energy Facilities Safe-
guards, Security, and Counterintelligence Enhance-
ment Act of 1999 (subtitle D of title XXXI of Public
50 USC 2654,
2655.
42 USC 7383h,
7383h–1; 50 USC
2654.
50 USC 2653.
42 USC 7383a,
50 USC 2653.
Definitions.
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117 STAT. 1773
PUBLIC LAW 108–136—NOV. 24, 2003
Law 106–65; 42 U.S.C. 7383h)’’ and inserting ‘‘section
4504A’’.
(B) COUNTERINTELLIGENCE POLYGRAPH PROGRAM.—Sec-
tion 3154 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106–65; 113 Stat. 941), as
amended by section 3135 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–456),
is—
(i) transferred to title XLV of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4504A;
(iii) inserted after section 4504, as added by
subparagraph (A); and
(iv) amended in subsection (h) by striking ‘‘180
days after the date of the enactment of this Act,’’
and inserting ‘‘April 5, 2000,’’.
(6) NOTICE OF SECURITY AND COUNTERINTELLIGENCE FAIL-
URES.—Section 3150 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 939), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4505; and
(C) inserted after section 4504A, as added by paragraph
(5)(B).
(7) ANNUAL REPORT ON SECURITY FUNCTIONS AT NUCLEAR
WEAPONS
FACILITIES.—Section 3162 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85;
111 Stat. 2049), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4506;
(C) inserted after section 4505, as added by paragraph
(6); and
(D) amended in subsection (b) by inserting ‘‘of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 2048; 42 U.S.C. 7251 note)’’
after ‘‘section 3161’’.
(8) REPORT ON COUNTERINTELLIGENCE AND SECURITY PRAC-
TICES AT LABORATORIES.—Section 3152 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106–65;
113 Stat. 940), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4507;
(C) inserted after section 4506, as added by paragraph
(7); and
(D) amended by adding at the end the following new
subsection:
‘‘(c) NATIONAL LABORATORY DEFINED.—In this section, the term
‘national laboratory’ has the meaning given that term in section
4502(g)(3).’’.
50 USC 2658.
42 USC 7383f,
50 USC 2658.
50 USC 2657.
42 USC 7274m
note, 50 USC
2657.
42 USC 7383d,
50 USC 2656.
50 USC 2655.
42 USC 7383h,
50 USC 2655.
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(9) REPORT
ON
SECURITY
VULNERABILITIES
OF
NATIONAL
LABORATORY COMPUTERS.—Section 3153 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106–65;
113 Stat. 940), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4508;
(C) inserted after section 4507, as added by paragraph
(8); and
(D) amended by adding at the end the following new
subsection:
‘‘(f) NATIONAL LABORATORY DEFINED.—In this section, the term
‘national laboratory’ has the meaning given that term in section
4502(g)(3).’’.
(10) SUBTITLE HEADING ON CLASSIFIED INFORMATION.—Title
XLV of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
‘‘Subtitle B—Classified Information’’.
(11) REVIEW OF CERTAIN DOCUMENTS BEFORE DECLASSIFICA-
TION
AND
RELEASE.—Section 3155 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106;
110 Stat. 625), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4521; and
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (10).
(12) PROTECTION
AGAINST
INADVERTENT
RELEASE
OF
RESTRICTED DATA AND FORMERLY RESTRICTED DATA.—Section
3161 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2259),
as amended by section 1067(3) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106–65;
113 Stat. 774) and section 3193 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–480), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4522;
(C) inserted after section 4521, as added by paragraph
(11); and
(D) amended—
(i) in subsection (c)(1), by striking ‘‘the date of
the enactment of this Act’’ and inserting ‘‘October 17,
1998,’’;
(ii) in subsection (f)(1), by striking ‘‘the date of
the enactment of this Act’’ and inserting ‘‘October 17,
1998’’; and
50 USC 2672.
50 USC 435 note,
2672.
42 USC 2162
note, 50 USC
2671.
50 USC 2659.
42 USC 7383g,
50 USC 2659.
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PUBLIC LAW 108–136—NOV. 24, 2003
(iii) in subsection (f)(2), by striking ‘‘The Secretary’’
and inserting ‘‘Commencing with inadvertent releases
discovered on or after October 30, 2000, the Secretary’’.
(13) SUPPLEMENT
TO
PLAN
FOR
DECLASSIFICATION
OF
RESTRICTED DATA AND FORMERLY RESTRICTED DATA.—Section
3149 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106–65; 113 Stat. 938), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4523;
(C) inserted after section 4522, as added by paragraph
(12); and
(D) amended—
(i) in subsection (a), by striking ‘‘subsection (a)
of section 3161 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 112 Stat. 2260; 50 U.S.C. 435 note)’’
and inserting ‘‘subsection (a) of section 4522’’;
(ii) in subsection (b)—
(I) by striking ‘‘section 3161(b)(1) of that Act’’
and inserting ‘‘subsection (b)(1) of section 4522’’;
and
(II) by striking ‘‘the date of the enactment
of that Act’’ and inserting ‘‘October 17, 1998,’’;
(iii) in subsection (c)—
(I) by striking ‘‘section 3161(c) of that Act’’
and inserting ‘‘subsection (c) of section 4522’’; and
(II) by striking ‘‘section 3161(a) of that Act’’
and inserting ‘‘subsection (a) of such section’’; and
(iv) in subsection (d), by striking ‘‘section 3161(d)
of that Act’’ and inserting ‘‘subsection (d) of section
4522’’.
(14) PROTECTION OF CLASSIFIED INFORMATION DURING LAB-
ORATORY-TO-LABORATORY
EXCHANGES.—Section 3145 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106–65; 113 Stat. 935), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4524; and
(C) inserted after section 4523, as added by paragraph
(13).
(15) IDENTIFICATION IN BUDGETS OF AMOUNT FOR DECLAS-
SIFICATION ACTIVITIES.—Section 3173 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106–65;
113 Stat. 949), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4525;
(C) inserted after section 4524, as added by paragraph
(14); and
(D) amended in subsection (b) by striking ‘‘the date
of the enactment of this Act’’ and inserting ‘‘October 5,
1999,’’.
50 USC 2675.
50 USC 435 note,
2675.
42 USC 7383b,
50 USC 2674.
50 USC 2673.
50 USC 435 note,
2673.
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117 STAT. 1776
PUBLIC LAW 108–136—NOV. 24, 2003
(16) SUBTITLE HEADING ON EMERGENCY RESPONSE.—Title
XLV of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
‘‘Subtitle C—Emergency Response’’.
(17) RESPONSIBILITY FOR DEFENSE PROGRAMS EMERGENCY
RESPONSE
PROGRAM.—Section 3158 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106;
110 Stat. 626), is—
(A) transferred to title XLV of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4541; and
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (16).
(i) PERSONNEL MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended
by this section, is further amended by adding at the end the
following new headings:
‘‘TITLE XLVI—PERSONNEL MATTERS
‘‘Subtitle A—Personnel Management’’.
(2) AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC,
ENGINEERING, AND TECHNICAL PERSONNEL.—Section 3161 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103–337; 108 Stat. 3095), as amended by section 3139
of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 2040), sections 3152 and 3155
of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2253,
2257), and section 3191 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–480), is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as added
by paragraph (1);
(B) redesignated as section 4601; and
(C) inserted after the heading for subtitle A of such
title, as so added.
(3) WHISTLEBLOWER PROTECTION PROGRAM.—Section 3164
of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 946), is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4602;
(C) inserted after section 4601, as added by paragraph
(2); and
42 USC 7239,
50 USC 2702.
42 USC 7231
note, 50 USC
2701.
50 USC 2691.
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117 STAT. 1777
PUBLIC LAW 108–136—NOV. 24, 2003
(D) amended in subsection (n) by striking ‘‘60 days
after the date of the enactment of this Act,’’ and inserting
‘‘December 5, 1999,’’.
(4) EMPLOYEE
INCENTIVES
FOR
WORKERS
AT
CLOSURE
PROJECT
FACILITIES.—Section 3136 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–
458), is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4603;
(C) inserted after section 4602, as added by paragraph
(3); and
(D) amended—
(i) in subsections (c) and (i)(1)(A), by striking ‘‘sec-
tion 3143 of the National Defense Authorization Act
for Fiscal Year 1997 (42 U.S.C. 7274n)’’ and inserting
‘‘section 4421’’; and
(ii) in subsection (g), by striking ‘‘section 3143(h)
of the National Defense Authorization Act for Fiscal
Year 1997’’ and inserting ‘‘section 4421(h)’’.
(5) DEFENSE NUCLEAR FACILITY WORKFORCE RESTRUCTURING
PLAN.—Section 3161 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2644),
as amended by section 1070(c)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103–337;
108 Stat. 2857), Public Law 105–277 (112 Stat. 2681–419, 2681–
430), and section 1048(h)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.
1229), is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4604;
(C) inserted after section 4603, as added by paragraph
(4); and
(D) amended—
(i) in subsection (a), by striking ‘‘(hereinafter in
this subtitle referred to as the ‘Secretary’)’’; and
(ii) by adding at the end the following new sub-
section:
‘‘(g) DEPARTMENT
OF ENERGY DEFENSE NUCLEAR FACILITY
DEFINED.—In this section, the term ‘Department of Energy defense
nuclear facility’ means—
‘‘(1) a production facility or utilization facility (as those
terms are defined in section 11 of the Atomic Energy Act
of 1954 (42 U.S.C. 2014)) that is under the control or jurisdiction
of the Secretary and that is operated for national security
purposes (including the tritium loading facility at Savannah
River, South Carolina, the 236 H facility at Savannah River,
South Carolina; and the Mound Laboratory, Ohio), but the
term does not include any facility that does not conduct atomic
energy defense activities and does not include any facility or
activity covered by Executive Order Number 12344, dated Feb-
ruary 1, 1982, pertaining to the naval nuclear propulsion pro-
gram;
50 USC 2704.
42 USC 7274h,
50 USC 2704.
50 USC 2703.
42 USC 7274n
note, 50 USC
2703.
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117 STAT. 1778
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(2) a nuclear waste storage or disposal facility that is
under the control or jurisdiction of the Secretary;
‘‘(3) a testing and assembly facility that is under the control
or jurisdiction of the Secretary and that is operated for national
security purposes (including the Nevada Test Site, Nevada;
the Pinnellas Plant, Florida; and the Pantex facility, Texas);
‘‘(4) an atomic weapons research facility that is under the
control or jurisdiction of the Secretary (including Lawrence
Livermore, Los Alamos, and Sandia National Laboratories);
or
‘‘(5) any facility described in paragraphs (1) through (4)
that—
‘‘(A) is no longer in operation;
‘‘(B) was under the control or jurisdiction of the Depart-
ment of Defense, the Atomic Energy Commission, or the
Energy Research and Development Administration; and
‘‘(C) was operated for national security purposes.’’.
(6) AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDATION
TO EMPLOYEES.—Section 3195 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–481), is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4605; and
(C) inserted after section 4604, as added by paragraph
(5).
(7) SUBTITLE HEADING ON EDUCATION AND TRAINING.—Title
XLVI of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
‘‘Subtitle B—Education and Training’’.
(8) EXECUTIVE
MANAGEMENT
TRAINING.—Section 3142 of
the National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101–189; 103 Stat. 1680), is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4621;
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (7); and
(D) amended in the section heading by adding a period
at the end.
(9) STOCKPILE STEWARDSHIP RECRUITMENT AND TRAINING
PROGRAM.—Section 3131 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 3085),
is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4622;
(C) inserted after section 4621, as added by paragraph
(8); and
(D) amended—
50 USC 2722.
50 USC 2721.
42 USC 7236,
50 USC 2721.
42 USC 2121
note, 50 USC
2705.
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PUBLIC LAW 108–136—NOV. 24, 2003
(i) in subsection (a)(1), by striking ‘‘section 3138
of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103–160; 107 Stat. 1946; 42
U.S.C. 2121 note)’’ and inserting ‘‘section 4201’’; and
(ii) in subsection (b)(2), by inserting ‘‘of the
National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337)’’ after ‘‘section 3101(a)(1)’’.
(10) FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS
CRITICAL TO NUCLEAR WEAPONS COMPLEX.—Section 3140 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 110 Stat. 621), as amended by section 3162
of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 943), is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4623; and
(C) inserted after section 4622, as added by paragraph
(9).
(11) SUBTITLE HEADING ON WORKER SAFETY.—Title XLVI
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection, is further amended
by adding at the end the following new subtitle heading:
‘‘Subtitle C—Worker Safety’’.
(12) WORKER
PROTECTION
AT
NUCLEAR
WEAPONS
FACILI-
TIES.—Section 3131 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102–190; 105
Stat. 1571), is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4641;
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (11); and
(D) amended in subsection (e) by inserting ‘‘of the
National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102–190)’’ after ‘‘section 3101(9)(A)’’.
(13) SAFETY
OVERSIGHT
AND
ENFORCEMENT
AT
DEFENSE
NUCLEAR
FACILITIES.—Section 3163 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103–337;
108 Stat. 3097), is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4642;
(C) inserted after section 4641, as added by paragraph
(12); and
(D) amended in subsection (b) by striking ‘‘90 days
after the date of the enactment of this Act,’’ and inserting
‘‘January 5, 1995,’’.
(14) PROGRAM TO MONITOR WORKERS AT DEFENSE NUCLEAR
FACILITIES
EXPOSED
TO
HAZARDOUS
OR
RADIOACTIVE
SUB-
STANCES.—Section 3162 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2646),
is—
42 USC 7274i, 50
USC 2733.
50 USC 2732.
42 USC 7274m,
50 USC 2732.
50 USC 2731.
42 USC 7274d,
50 USC 2731.
42 USC 2121
note, 50 USC
2723.
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PUBLIC LAW 108–136—NOV. 24, 2003
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4643;
(C) inserted after section 4642, as added by paragraph
(13); and
(D) amended—
(i) in subsection (b)(6), by striking ‘‘1 year after
the date of the enactment of this Act’’ and inserting
‘‘October 23, 1993’’;
(ii) in subsection (c), by striking ‘‘180 days after
the date of the enactment of this Act,’’ and inserting
‘‘April 23, 1993,’’; and
(iii) by adding at the end the following new sub-
section:
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘Department of Energy defense nuclear
facility’ has the meaning given that term in section 4604(g).
‘‘(2) The term ‘Department of Energy employee’ means
any employee of the Department of Energy employed at a
Department of Energy defense nuclear facility, including any
employee of a contractor or subcontractor of the Department
of Energy employed at such a facility.’’.
(15) PROGRAMS FOR PERSONS WHO MAY HAVE BEEN EXPOSED
TO RADIATION RELEASED FROM HANFORD RESERVATION.—Section
3138 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101–510; 104 Stat. 1834), as amended by
section 3138 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 108 Stat. 3087), is—
(A) transferred to title XLVI of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as
amended by this subsection;
(B) redesignated as section 4644;
(C) inserted after section 4643, as added by paragraph
(14); and
(D) amended—
(i) in the section heading, by adding a period at
the end;
(ii) in subsection (a), by striking ‘‘this title’’ and
inserting 
‘‘title 
XXXI 
of 
the 
National 
Defense
Authorization Act for Fiscal Year 1991 (Public Law
101–510)’’; and
(iii) in subsection (c)—
(I) in paragraph (2), by striking ‘‘six months
after the date of the enactment of this Act,’’ and
inserting ‘‘May 5, 1991,’’; and
(II) in paragraph (3), by striking ‘‘18 months
after the date of the enactment of this Act,’’ and
inserting ‘‘May 5, 1992,’’.
(j) BUDGET AND FINANCIAL MANAGEMENT MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended
by this section, is further amended by adding at the end the
following new headings:
50 USC 2734.
50 USC 2733.
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PUBLIC LAW 108–136—NOV. 24, 2003
‘‘TITLE XLVII—BUDGET AND FINANCIAL
MANAGEMENT MATTERS
‘‘Subtitle A—Recurring National Security
Authorization Provisions’’.
(2) RECURRING NATIONAL SECURITY AUTHORIZATION PROVI-
SIONS.—Sections 3620 through 3631 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107–314; 116 Stat. 2756) are—
(A) transferred to title XLVII of such Act, as added
by paragraph (1);
(B) redesignated as sections 4701 through 4712, respec-
tively;
(C) inserted after the heading for subtitle A of such
title, as so added; and
(D) amended—
(i) in section 4702, as so redesignated, by striking
‘‘sections 3629 and 3630’’ and inserting ‘‘sections 4710
and 4711’’;
(ii) in section 4706(a)(3)(B), as so redesignated,
by striking ‘‘section 3626’’ and inserting ‘‘section 4707’’;
(iii) in section 4707(c), as so redesignated, by
striking ‘‘section 3625(b)(2)’’ and inserting ‘‘section
4706(b)(2)’’;
(iv) in section 4710(c), as so redesignated, by
striking ‘‘section 3621’’ and inserting ‘‘section 4702’’;
(v) in section 4711(c), as so redesignated, by
striking ‘‘section 3621’’ and inserting ‘‘section 4702’’;
and
(vi) in section 4712, as so redesignated, by striking
‘‘section 3621’’ and inserting ‘‘section 4702’’.
(3) SUBTITLE HEADING ON PENALTIES.—Title XLVII of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection, is further amended by
adding at the end the following new subtitle heading:
‘‘Subtitle B—Penalties’’.
(4) RESTRICTION ON USE OF FUNDS TO PAY PENALTIES UNDER
ENVIRONMENTAL LAWS.—Section 3132 of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99–661;
100 Stat. 4063), is—
(A) transferred to title XLVII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) redesignated as section 4721;
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (3); and
(D) amended in the section heading by adding a period
at the end.
(5) RESTRICTION ON USE OF FUNDS TO PAY PENALTIES UNDER
CLEAN
AIR
ACT.—Section 211 of the Department of Energy
National Security and Military Applications of Nuclear Energy
42 USC 7273,
50 USC 2762.
50 USC 2761.
42 USC 7273a,
50 USC 2761.
50 USC 2752.
50 USC 2751.
50 USC 2750.
50 USC 2747.
50 USC 2746.
50 USC 2742.
42 USC 7386–
7386k, 50 USC
2741–2752.
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117 STAT. 1782
PUBLIC LAW 108–136—NOV. 24, 2003
Authorization Act of 1981 (Public Law 96–540; 94 Stat. 3203),
is—
(A) transferred to title XLVII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) inserted after section 4721, as added by paragraph
(4); and
(C) amended—
(i) by striking the section heading and inserting
the following new section heading:
‘‘SEC. 4722. RESTRICTION ON USE OF FUNDS TO PAY PENALTIES
UNDER CLEAN AIR ACT.’’;
(ii) by striking ‘‘SEC. 211.’’; and
(iii) by striking ‘‘this or any other Act’’ and
inserting ‘‘the Department of Energy National Security
and 
Military 
Applications 
of 
Nuclear 
Energy
Authorization Act of 1981 (Public Law 96–540) or any
other Act’’.
(6) SUBTITLE HEADING ON OTHER MATTERS.—Title XLVII
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection, is further amended
by adding at the end the following new subtitle heading:
‘‘Subtitle C—Other Matters’’.
(7) SINGLE REQUEST FOR AUTHORIZATION OF APPROPRIATIONS
FOR COMMON DEFENSE AND SECURITY PROGRAMS.—Section 208
of the Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1979
(Public Law 95–509; 92 Stat. 1779), is—
(A) transferred to title XLVII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) inserted after the heading for subtitle C of such
title, as added by paragraph (6); and
(C) amended—
(i) by striking the section heading and inserting
the following new section heading:
‘‘SEC. 4731. SINGLE REQUEST FOR AUTHORIZATION OF APPROPRIA-
TIONS FOR COMMON DEFENSE AND SECURITY PRO-
GRAMS.’’;
and
(ii) by striking ‘‘SEC. 208.’’.
(k) ADMINISTRATIVE MATTERS.—
(1) HEADINGS.—Division D of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003, as amended
by this section, is further amended by adding at the end the
following new headings:
42 USC 7271,
50 USC 2771.
50 USC 2762.
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117 STAT. 1783
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘TITLE XLVIII—ADMINISTRATIVE
MATTERS
‘‘Subtitle A—Contracts’’.
(2) COSTS NOT ALLOWED UNDER CERTAIN CONTRACTS.—Sec-
tion 1534 of the Department of Defense Authorization Act,
1986 (Public Law 99–145; 99 Stat. 774), as amended by section
3131 of the National Defense Authorization Act for Fiscal Years
1988 and 1989 (Public Law 100–180; 101 Stat. 1238), is—
(A) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as added by paragraph (1);
(B) redesignated as section 4801;
(C) inserted after the heading for subtitle A of such
title, as so added; and
(D) amended—
(i) in the section heading, by adding a period at
the end; and
(ii) in subsection (b)(1), by striking ‘‘the date of
the enactment of this Act,’’ and inserting ‘‘November
8, 1985,’’.
(3) PROHIBITION ON BONUSES TO CONTRACTORS OPERATING
DEFENSE NUCLEAR FACILITIES.—Section 3151 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101–189; 103 Stat. 1682), is—
(A) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) redesignated as section 4802;
(C) inserted after section 4801, as added by paragraph
(2); and
(D) amended—
(i) in the section heading, by adding a period at
the end;
(ii) in subsection (a), by striking ‘‘the date of the
enactment of this Act’’ and inserting ‘‘November 29,
1989’’;
(iii) in subsection (b), by striking ‘‘6 months after
the date of the enactment of this Act,’’ and inserting
‘‘May 29, 1990,’’; and
(iv) in subsection (d), by striking ‘‘90 days after
the date of the enactment of this Act’’ and inserting
‘‘March 1, 1990’’.
(4) CONTRACTOR LIABILITY FOR INJURY OR LOSS OF PROPERTY
ARISING FROM ATOMIC WEAPONS TESTING PROGRAMS.—Section
3141 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101–510; 104 Stat. 1837), is—
(A) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) redesignated as section 4803;
(C) inserted after section 4802, as added by paragraph
(3); and
(D) amended—
50 USC 2783.
42 USC 2212,
50 USC 2783.
50 USC 2782.
42 USC 7256b,
50 USC 2782.
50 USC 2781.
42 USC 7256a,
50 USC 2781.
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117 STAT. 1784
PUBLIC LAW 108–136—NOV. 24, 2003
(i) in the section heading, by adding a period at
the end; and
(ii) in subsection (d), by striking ‘‘the date of the
enactment of this Act’’ each place it appears and
inserting ‘‘November 5, 1990,’’.
(5) SUBTITLE HEADING ON RESEARCH AND DEVELOPMENT.—
Title XLVIII of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this subsection, is
further amended by adding at the end the following new subtitle
heading:
‘‘Subtitle B—Research and Development’’.
(6) LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.—
Section 3132 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1832), is—
(A) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) redesignated as section 4811;
(C) inserted after the heading for subtitle B of such
title, as added by paragraph (5); and
(D) amended in the section heading by adding a period
at the end.
(7) LIMITATIONS
ON
USE
OF
FUNDS
FOR
LABORATORY
DIRECTED RESEARCH AND DEVELOPMENT.—
(A) LIMITATIONS ON USE OF FUNDS FOR LABORATORY
DIRECTED RESEARCH AND DEVELOPMENT.—Section 3137 of
the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105–85; 111 Stat. 2038), is—
(i) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4812;
(iii) inserted after section 4811, as added by para-
graph (6);
(iv) amended in subsection (b) by striking ‘‘section
3136(b) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2831;
42 U.S.C. 7257b)’’ and inserting ‘‘section 4812A(b)’’;
(v) amended in subsection (d)—
(I) 
by 
striking 
‘‘section 
3136(b)(1)’’ 
and
inserting ‘‘section 4812A(b)(1)’’; and
(II) by striking ‘‘section 3132(c) of the National
Defense Authorization Act for Fiscal Year 1991
(42 U.S.C. 7257a(c))’’ and inserting ‘‘section
4811(c)’’; and
(vi) amended in subsection (e) by striking ‘‘section
3132(d) of the National Defense Authorization Act for
Fiscal Year 1991 (42 U.S.C. 7257a(d))’’ and inserting
‘‘section 4811(d)’’.
(B) LIMITATION
ON
USE
OF
FUNDS
FOR
CERTAIN
RESEARCH AND DEVELOPMENT PURPOSES.—Section 3136 of
the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201; 110 Stat. 2830), as amended
by section 3137 of the National Defense Authorization Act
42 USC 7257b,
50 USC 2793.
50 USC 2792.
42 USC 7257b,
7257c; 50 USC
2792.
50 USC 2791.
42 USC 7257a,
50 USC 2791.
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117 STAT. 1785
PUBLIC LAW 108–136—NOV. 24, 2003
for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2038),
is—
(i) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003, as amended by this subsection;
(ii) redesignated as section 4812A;
(iii) inserted after section 4812, as added by
subparagraph (A); and
(iv) amended in subsection (a) by inserting ‘‘of
the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201)’’ after ‘‘section 3101’’.
(8) CRITICAL TECHNOLOGY PARTNERSHIPS.—Section 3136 of
the National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102–190; 105 Stat. 1577), as amended
by section 203(b)(3) of Public Law 103–35 (107 Stat. 102),
is—
(A) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) redesignated as section 4813; and
(C) inserted after section 4812A, as added by paragraph
(7)(B).
(9) UNIVERSITY-BASED
RESEARCH
COLLABORATION
PRO-
GRAM.—Section 3155 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2044),
is—
(A) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) redesignated as section 4814;
(C) inserted after section 4813, as added by paragraph
(8); and
(D) amended in subsection (c) by striking ‘‘this title’’
and inserting ‘‘title XXXI of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–
85)’’.
(10) SUBTITLE HEADING ON FACILITIES MANAGEMENT.—Title
XLVIII of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, as amended by this subsection, is further
amended by adding at the end the following new subtitle
heading:
‘‘Subtitle C—Facilities Management’’.
(11) TRANSFERS
OF
REAL
PROPERTY
AT
CERTAIN
FACILI-
TIES.—Section 3158 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2046),
is—
(A) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) redesignated as section 4831; and
(C) inserted after the heading for subtitle C of such
title, as added by paragraph (10).
(12) 
ENGINEERING
AND
MANUFACTURING
RESEARCH,
DEVELOPMENT, AND
DEMONSTRATION
AT
CERTAIN
NUCLEAR
WEAPONS PRODUCTION PLANTS.—Section 3156 of the Floyd D.
42 USC 7274r
note, 50 USC
2812.
42 USC 7274q,
50 USC 2811.
50 USC 2795.
50 USC 2795,
7381 note.
42 USC 2123,
50 USC 2794.
50 USC 2793.
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117 STAT. 1786
PUBLIC LAW 108–136—NOV. 24, 2003
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106–398; 114 Stat.
1654A–467), is—
(A) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) redesignated as section 4832; and
(C) inserted after section 4831, as added by paragraph
(11).
(13) PILOT PROGRAM ON USE OF PROCEEDS OF DISPOSAL
OR
UTILIZATION
OF
CERTAIN
ASSETS.—Section 3138 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105–85; 111 Stat. 2039), is—
(A) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) redesignated as section 4833;
(C) inserted after section 4832, as added by paragraph
(12); and
(D) amended in subsection (d) by striking ‘‘sections
202 and 203(j) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 483 and 484(j))’’ and
inserting ‘‘subchapter II of chapter 5 and section 549 of
title 40, United States Code,’’.
(14) SUBTITLE HEADING ON OTHER MATTERS.—Title XLVIII
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection, is further amended
by adding at the end the following new subtitle heading:
‘‘Subtitle D—Other Matters’’.
(15) SEMIANNUAL REPORTS ON LOCAL IMPACT ASSISTANCE.—
Subsection (f) of section 3153 of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.
2044), is—
(A) transferred to title XLVIII of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003,
as amended by this subsection;
(B) inserted after the heading for subtitle D of such
title, as added by paragraph (14); and
(C) amended—
(i) by inserting before the text the following new
section heading:
‘‘SEC. 4851. SEMIANNUAL REPORTS ON LOCAL IMPACT ASSISTANCE.’’;
(ii) by striking ‘‘(f) SEMIANNUAL REPORTS TO CON-
GRESS OF LOCAL IMPACT ASSISTANCE.—’’; and
(iii) by striking ‘‘section 3161(c)(6) of the National
Defense 
Authorization 
Act 
of 
1993 
(42 
U.S.C.
7274h(c)(6))’’ and inserting ‘‘section 4604(c)(6)’’.
(16) PAYMENT OF COSTS OF OPERATION AND MAINTENANCE
OF INFRASTRUCTURE AT NEVADA TEST SITE.—Section 3144 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104–201; 110 Stat. 2838), is—
(A) transferred to title XLVIII of such Act, as amended
by this subsection;
(B) redesignated as section 4852; and
50 USC 2822.
50 USC 2821.
42 USC 7274h
note, 50 USC
2821.
50 USC 2813.
42 USC 7256
note, 50 USC
2813.
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117 STAT. 1787
PUBLIC LAW 108–136—NOV. 24, 2003
(C) inserted after section 4851, as added by paragraph
(15).
(m) CONFORMING AMENDMENTS.—(1) Title XXXVI of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107–314; 116 Stat. 1756) is repealed.
(2) Subtitle E of title XXXI of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (Public Law 102–484; 42 U.S.C.
7274h et seq.) is repealed.
(3) Section 8905a(d)(5)(A) of title 5, United States Code, is
amended by striking ‘‘section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)’’ and
inserting ‘‘section 4421 of the Atomic Energy Defense Act’’.
TITLE XXXII—DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2004,
$19,559,000 for the operation of the Defense Nuclear Facilities
Safety Board under chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.).
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.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2004,
the National Defense Stockpile Manager may obligate up to
$69,701,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)
for the authorized uses of such funds under subsection (b)(2) of
such section, including the disposal of hazardous materials that
are environmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager notifies
Congress that extraordinary or emergency conditions necessitate
the additional obligations. The National Defense Stockpile Manager
may make the additional obligations described in the notification
after the end of the 45-day period beginning on the date on which
Congress receives the notification.
(c) LIMITATIONS.—The authorities provided by this section shall
be subject to such limitations as may be provided in appropriations
Acts.
42 USC 7274j.
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117 STAT. 1788
PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PRE-
VIOUSLY AUTHORIZED DISPOSALS FROM NATIONAL
DEFENSE STOCKPILE.
Section 3402 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106–65; 113 Stat. 972; 50 U.S.C.
98d note) is amended—
(1) in subsection (b)—
(A) by striking ‘‘and’’ at the end of paragraph (2);
and
(B) by striking paragraph (3) and inserting the fol-
lowing new paragraphs:
‘‘(3) $340,000,000 before the end of fiscal year 2005; and
‘‘(4) $450,000,000 before the end of fiscal year 2013.’’; and
(2) in subsection (e), by adding at the end the following
new sentence: ‘‘The disposal of materials under this section
to achieve the receipt levels specified in subsection (b), within
the time periods specified in subsection, shall be in addition
to any routine and on-going disposals used to fund operations
of the National Defense Stockpile.’’.
TITLE XXXIV—NAVAL PETROLEUM
RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNT.—There are hereby authorized to be appropriated
to the Secretary of Energy $16,500,000 for fiscal year 2004 for
the purpose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum reserves.
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall remain
available until expended.
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.
Maritime
Security Act of
2003.
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117 STAT. 1789
PUBLIC LAW 108–136—NOV. 24, 2003
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.
SEC. 3501. SHORT TITLE.
This title may be cited as the ‘‘Maritime Security Act of 2003’’.
Subtitle A—Maritime Administration
Reauthorization
SEC. 3511. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS
2004, 2005, 2006, 2007, AND 2008.
There are authorized to be appropriated to the Secretary of
Transportation for the Maritime Administration—
(1) for expenses necessary for operations and training
activities, not to exceed $104,400,000 for the fiscal year ending
September 30, 2004, $106,000,000 for the fiscal year ending
September 30, 2005, $109,000,000 for the fiscal year ending
September 30, 2006, $111,000,000 for the fiscal year ending
September 30, 2007, and $113,000,000 for the fiscal year ending
September 30, 2008;
(2) for expenses under the loan guarantee program author-
ized by title XI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1271 et seq.), $36,000,000 for each of fiscal years 2004,
2005, 2006, 2007, and 2008 of which—
(A) $30,000,000 shall be for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the program;
and
(B) $6,000,000 shall be for administrative expenses
related to loan guarantee commitments under the program;
and
(3) for ship disposal, $18,422,000 for fiscal year 2004,
$11,422,000 for each of fiscal years 2005 and 2006, and
$12,000,000 for each of fiscal years 2007 and 2008.
SEC. 3512. CONVEYANCE OF OBSOLETE VESSELS UNDER TITLE V, MER-
CHANT MARINE ACT, 1936.
Section 508 of the Merchant Marine Act, 1936 (46 U.S.C. App.
1158) is amended—
(1) by inserting ‘‘(a) AUTHORITY TO SCRAP OR SELL OBSO-
LETE VESSELS.—’’ before ‘‘If’’; and
(2) by adding at the end the following:
‘‘(b) AUTHORITY TO CONVEY VESSELS.—
46 USC 53101
note.
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117 STAT. 1790
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(1) IN GENERAL.—Notwithstanding section 510(j) of this
Act, the Secretary of Transportation may convey the right,
title, and interest of the United States Government in any
vessel of the National Defense Reserve Fleet that has been
identified by the Secretary as an obsolete vessel of insufficient
value to warrant its further preservation, if—
‘‘(A) the recipient is a non-profit organization, a State,
Commonwealth, or possession of the United States or any
municipal corporation or political subdivision thereof, or
the District of Columbia;
‘‘(B) the recipient agrees not to use, or allow others
to use, the vessel for commercial transportation purposes;
‘‘(C) the recipient agrees to make the vessel available
to the Government whenever the Secretary indicates that
it is needed by the Government;
‘‘(D) the recipient agrees to hold the Government harm-
less for any claims arising from exposure to asbestos, poly-
chlorinated biphenyls, lead paint, or other hazardous sub-
stances after conveyance of the vessel, except for claims
arising from use of the vessel by the Government;
‘‘(E) the recipient has a conveyance plan and a business
plan that describes the intended use of the vessel, each
of which have been submitted to and approved by the
Secretary;
‘‘(F) the recipient has provided proof, as determined
by the Secretary, of resources sufficient to accomplish the
transfer, necessary repairs and modifications, and initiation
of the intended use of the vessel; and
‘‘(G) the recipient agrees that when the recipient no
longer requires the vessel for use as described in the busi-
ness plan required under subparagraph (E)—
‘‘(i) the recipient will, at the discretion of the Sec-
retary, reconvey the vessel to the Government in good
condition except for ordinary wear and tear; or
‘‘(ii) if the Board of Trustees of the recipient has
decided to dissolve the recipient according to the laws
of the State in which the recipient is incorporated,
then—
‘‘(I) the recipient shall distribute the vessel,
as an asset of the recipient, to a person that has
been determined exempt from taxation under the
provisions of section 501(c)(3) of the Internal Rev-
enue Code, or to the Federal Government or a
State or local government for a public purpose;
and
‘‘(II) the vessel shall be disposed of by a court
of competent jurisdiction of the county in which
the principal office of the recipient is located, for
such purposes as the court shall determine, or
to such organizations as the court shall determine
are organized exclusively for public purposes.
‘‘(2) OTHER
EQUIPMENT.—At the Secretary’s discretion,
additional equipment from other obsolete vessels of the National
Defense Reserve Fleet may be conveyed to assist the recipient
with maintenance, repairs, or modifications.
‘‘(3) ADDITIONAL TERMS.—The Secretary may require any
additional terms the Secretary considers appropriate.
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117 STAT. 1791
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(4) DELIVERY OF VESSEL.—If conveyance is made under
this subsection the vessel shall be delivered to the recipient
at a time and place to be determined by the Secretary. The
vessel shall be conveyed in an ‘as is’ condition.
‘‘(5) LIMITATIONS.—If at any time prior to delivery of the
vessel to the recipient, the Secretary determines that a different
disposition of a vessel would better serve the interests of the
Government, the Secretary shall pursue the more favorable
disposition of the obsolete vessel and shall not be liable for
any damages that may result from an intended recipient’s
reliance upon a proposed transfer.
‘‘(6) REVERSION.—The Secretary shall include in any
conveyance under this subsection terms under which all right,
title, and interest conveyed by the Secretary shall revert to
the United States if the Secretary determines the vessel has
been used other than as described in the business plan required
under paragraph (1)(E).’’.
SEC. 3513. AUTHORITY TO CONVEY VESSEL USS HOIST (ARS–40).
(a) IN GENERAL.—Notwithstanding section 510(j) of the Mer-
chant Marine Act, 1936 (46 U.S.C. App. 1160(j)), the Secretary
of Transportation may convey the right, title, and interest of the
United States Government in and to the vessel USS HOIST (ARS–
40), to the Last Patrol Museum, located in Toledo, Ohio (a not-
for-profit corporation, in this section referred to as the ‘‘recipient’’),
for use as a military museum, if—
(1) the recipient agrees to use the vessel as a nonprofit
military museum;
(2) the recipient agrees not to use, or allow others to
use, the vessel for commercial transportation purposes;
(3) the recipient agrees to make the vessel available to
the Government whenever the Secretary indicates that it is
needed by the Government;
(4) the recipient agrees that when the recipient no longer
requires the vessel for use as a military museum—
(A) the recipient will, at the discretion of the Secretary,
reconvey the vessel to the Government in good condition
except for ordinary wear and tear; or
(B) if the Board of Trustees of the recipient has decided
to dissolve the recipient according to the laws of the State
in which the recipient is incorporated, then—
(i) the recipient shall distribute the vessel, as an
asset of the recipient, to a person that has been deter-
mined exempt from taxation under the provisions of
section 501(c)(3) of the Internal Revenue Code, or to
the Federal Government or a State or local government
for a public purpose; and
(ii) the vessel shall be disposed of by a court of
competent jurisdiction of the county in which the prin-
cipal office of the recipient is located, for such purposes
as the court shall determine, or to such organizations
as the court shall determine are organized exclusively
for public purposes;
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(5) the recipient agrees to hold the Government harmless
for any claims arising from exposure to asbestos, poly-
chlorinated biphenyls, lead paint, or other hazardous sub-
stances after conveyance of the vessel, except for claims arising
from use of the vessel by the Government;
(6) the recipient has available, for use to restore the vessel,
in the form of cash, liquid assets, or a written loan commitment,
financial resources of at least $100,000; and
(7) the recipient has a conveyance plan and a business
plan that describes the intended use of the vessel, each of
which have been submitted to and approved by the Secretary.
(b) DELIVERY OF VESSEL.—If a conveyance is made under this
section, the Secretary shall deliver the vessel at the place where
the vessel is located on the date of the enactment of this Act,
in its present condition, and without cost to the Government.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary may also
convey any unneeded equipment from other vessels in the National
Defense Reserve Fleet in order to restore the USS HOIST (ARS–
40) to museum quality.
(d) RETENTION OF VESSEL IN NDRF.—
(1) IN GENERAL.—The Secretary shall retain in the National
Defense Reserve Fleet the vessel authorized to be conveyed
under subsection (a), until the earlier of—
(A) 2 years after the date of the enactment of this
Act; or
(B) the date of conveyance of the vessel under sub-
section (a).
(2) LIMITATION.—Paragraph (1) does not require the Sec-
retary to retain the vessel in the National Defense Reserve
Fleet if the Secretary determines that retention of the vessel
in the fleet will pose an unacceptable risk to the marine
environment.
SEC. 3514. CARGO PREFERENCE.
Section 901b(c)(2) of the Merchant Marine Act, 1936 (46 U.S.C
App. 1241f(c)(2)) is amended by striking ‘‘1986.’’ and inserting ‘‘1986,
the 18-month period beginning April 1, 2002, and the 12-month
period beginning October 1, 2003, and each year thereafter.’’.
SEC. 3515. MARITIME EDUCATION AND TRAINING.
(a) COST OF EDUCATION DEFINED.—Section 1302 of the Mer-
chant Marine Act, 1936 (46 U.S.C. App. 1295a) is amended—
(1) by striking ‘‘and’’ after the semicolon in paragraph
(3);
(2) by striking ‘‘States.’’ in paragraph (4)(B) and inserting
‘‘States; and’’; and
(3) by adding at the end the following:
‘‘(5) the term ‘cost of education provided’ means the finan-
cial costs incurred by the Federal Government for providing
training or financial assistance to students at the United States
Merchant Marine Academy and the State maritime academies,
including direct financial assistance, room, board, classroom
academics, and other training activities.’’.
(b) COMMITMENT AGREEMENTS.—Section 1303(e) of the Mer-
chant Marine Act, 1936 (46 U.S.C. App. 1295b(e)) is amended—
(1) by striking ‘‘Academy, unless the individual is separated
from the’’ in paragraph (1)(A);
(2) by striking paragraph (1)(C) and inserting the following:
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‘‘(C) to maintain a valid license as an officer in the mer-
chant marine of the United States for at least 6 years following
the date of graduation from the Academy of such individual,
accompanied by the appropriate national and international
endorsements and certification as required by the United States
Coast Guard for service aboard vessels on domestic and inter-
national voyages;’’;
(3) by striking paragraph (1)(E)(iii) and inserting the fol-
lowing:
‘‘(iii) as a commissioned officer on active duty in an
armed force of the United States, as a commissioned officer
in the National Oceanic and Atmospheric Administration,
or other maritime-related employment with the Federal
Government which serves the national security interests
of the United States, as determined by the Secretary; or’’;
(4) by striking paragraph (2) and inserting the following:
‘‘(2)(A) If the Secretary determines that any individual who
has attended the Academy for not less than 2 years has failed
to fulfill the part of the agreement required by paragraph (1)(A),
such individual may be ordered by the Secretary of Defense to
active duty in one of the armed forces of the United States to
serve for a period of time not to exceed 2 years. In cases of hardship
as determined by the Secretary, the Secretary may waive this
provision in whole or in part.
‘‘(B) If the Secretary of Defense is unable or unwilling to order
an individual to active duty under subparagraph (A), or if the
Secretary of Transportation determines that reimbursement of the
cost of education provided would better serve the interests of the
United States, the Secretary may recover from the individual the
cost of education provided by the Federal Government.’’;
(5) by striking paragraph (3) and inserting the following:
‘‘(3)(A) If the Secretary determines that an individual has failed
to fulfill any part of the agreement required by paragraph (1),
as described in paragraph (1)(B), (C), (D), (E), or (F), such individual
may be ordered to active duty to serve a period of time not less
than 3 years and not more than the unexpired portion, as deter-
mined by the Secretary, of the service required by paragraph (1)(E).
The Secretary, in consultation with the Secretary of Defense, shall
determine in which service the individual shall be ordered to active
duty to serve such period of time. In cases of hardship, as deter-
mined by the Secretary, the Secretary may waive this provision
in whole or in part.
‘‘(B) If the Secretary of Defense is unable or unwilling to order
an individual to active duty under subparagraph (A), or if the
Secretary of Transportation determines that reimbursement of the
cost of education provided would better serve the interests of the
United States, the Secretary may recover from the individual the
cost of education provided and may reduce the amount to be recov-
ered from such individual to reflect partial performance of service
obligations and such other factors as the Secretary determines
merit such a reduction.’’; and
(6) by redesignating paragraph (4) as paragraph (5) and
inserting after paragraph (3) the following:
‘‘(4) To aid in the recovery of the cost of education provided
by the Federal Government pursuant to a commitment agreement
under this section, the Secretary may request the Attorney General
to begin court proceedings, and the Secretary may make use of
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the Federal debt collection procedures in chapter 176 of title 28,
United States Code, or other applicable administrative remedies.’’.
(c) DEGREES
AWARDED.—Section 1303(g) of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1295b(g)) is amended to read
as follows:
‘‘(g) DEGREES AWARDED.—
‘‘(1) BACHELOR’S
DEGREE.—The Superintendent of the
Academy may confer the degree of bachelor of science upon
any individual who has met the conditions prescribed by the
Secretary and who, if a citizen of the United States, has passed
the examination for a merchant marine officer’s license. No
individual may be denied a degree under this subsection
because the individual is not permitted to take such examina-
tion solely because of physical disqualification.
‘‘(2) 
MASTER’S
DEGREE.—The 
Superintendent 
of 
the
Academy may confer a master’s degree upon any individual
who has met the conditions prescribed by the Secretary. Any
master’s degree program may be funded through non-appro-
priated funds. In order to maintain the appropriate academic
standards, the program shall be accredited by the appropriate
accreditation body. The Secretary may make regulations nec-
essary to administer such a program.’’.
(d) STUDENT INCENTIVE PAYMENTS.—Section 1304(g) of the Mer-
chant Marine Act, 1936 (46 U.S.C. App. 1295c(g)) is amended—
(1) by striking ‘‘$3,000’’ in paragraph (1) and inserting
‘‘$4,000’’;
(2) in paragraph (3)(A) by striking ‘‘attending, unless the
individual is separated by such academy;’’ and inserting
‘‘attending;’’;
(3) by striking paragraph (3)(C) and inserting the following:
‘‘(C) to maintain a valid license as an officer in the mer-
chant marine of the United States for at least 6 years following
the date of graduation from such State maritime academy
of such individual, accompanied by the appropriate national
and international endorsements and certification as required
by the United States Coast Guard for service aboard vessels
on domestic and international voyages;’’;
(4) by striking paragraph (3)(E)(iii) and inserting the fol-
lowing:
‘‘(iii) as a commissioned officer on active duty in an
armed force of the United States, as a commissioned officer
in the National Oceanic and Atmospheric Administration,
or in other maritime-related employment with the Federal
Government which serves the national security interests
of the United States, as determined by the Secretary; or’’;
(5) by striking paragraph (4) and inserting the following:
‘‘(4)(A) If the Secretary determines that an individual who
has accepted the payment described in paragraph (1) for a minimum
of 2 academic years has failed to fulfill the part of the agreement
required by paragraph (1) and described in paragraph (3)(A), such
individual may be ordered by the Secretary of Defense to active
duty in the Armed Forces of the United States to serve for a
period of time not to exceed 2 years. In cases of hardship, as
determined by the Secretary, the Secretary may waive this provision
in whole or in part.
‘‘(B) If the Secretary of Defense is unable or unwilling to order
an individual to active duty under subparagraph (A), or if the
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Secretary of Transportation determines that reimbursement of the
cost of education provided would better serve the interests of the
United States, the Secretary—
‘‘(i) subject to clause (ii), may recover from the individual
the amount of student incentive payments, plus interest and
attorneys fees; and
‘‘(ii) may reduce the amount to be recovered from such
individual to reflect partial performance of service obligations
and such other factors as the Secretary determines merit such
reduction.’’;
(6) by striking paragraph (5) and inserting the following:
‘‘(5)(A) If the Secretary determines that an individual has failed
to fulfill any part of the agreement required by paragraph (1),
as described in paragraph (3)(B), (C), (D), (E), or (F), such individual
may be ordered to active duty to serve a period of time not less
than 2 years and not more than the unexpired portion, as deter-
mined by the Secretary, of the service required by paragraph (3)(E).
The Secretary, in consultation with the Secretary of Defense, shall
determine in which service the individual shall be ordered to active
duty to serve such period of time. In cases of hardship, as deter-
mined by the Secretary, the Secretary may waive this provision
in whole or in part.
‘‘(B) If the Secretary of Defense is unable or unwilling to order
an individual to active duty under subparagraph (A), or if the
Secretary of Transportation determines that reimbursement of the
cost of education provided would better serve the interests of the
United States, the Secretary—
‘‘(i) subject to clause (ii), may recover from the individual
the amount of student incentive payments, plus interest and
attorneys fees; and
‘‘(ii) may reduce the amount to be recovered from such
individual to reflect partial performance of service obligations
and such other factors as the Secretary determines merit such
reduction.’’; and
(7) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively, and inserting after paragraph (5) the
following:
‘‘(6) To aid in the recovery of student incentive payments plus
interest and attorneys fees the Secretary may request the Attorney
General to begin court proceedings, and the Secretary may make
use of the Federal debt collection procedures in chapter 176 of
title 28, United States Code, and other applicable administrative
remedies.’’.
(e) AWARDS
AND MEDALS.—Section 1306 of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1295e) is amended by adding
at the end the following:
‘‘(d) AWARDS AND MEDALS.—The Secretary may establish and
maintain a medals and awards program to recognize distinguished
service, superior achievement, professional performance, and other
commendable achievement by personnel of the United States Mari-
time Service.’’.
SEC. 3516. AUTHORITY TO CONVEY OBSOLETE VESSELS TO UNITED
STATES TERRITORIES AND FOREIGN COUNTRIES FOR
REEFING.
(a) DEADLINE
FOR PREPARATION.—Paragraph (1) of section
3504(b) of the Bob Stump National Defense Authorization Act for
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117 STAT. 1796
PUBLIC LAW 108–136—NOV. 24, 2003
Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2754; 16 U.S.C.
1220 note) is amended by striking ‘‘September 30, 2003,’’ and
inserting ‘‘March 31, 2004,’’.
(b) 
GUIDANCE
ON
PRACTICES.—Such 
section 
is 
further
amended—
(1) in paragraph (1), by inserting ‘‘guidance recommending’’
after ‘‘jointly develop’’;
(2) in paragraph (2), by inserting ‘‘guidance recommending’’
before ‘‘environmental best management practices’’;
(3) in paragraph (3)—
(A) in subparagraph (A), by inserting ‘‘recommended’’
after ‘‘include’’;
(B) by striking subparagraph (B) and inserting the
following new subparagraph (B):
‘‘(B) promote consistent use of such practices nationwide;’’;
and
(C) in subparagraph (C), by striking ‘‘establish base-
lines’’ and inserting ‘‘provide a basis’’; and
(4) in paragraph (4), by striking ‘‘guidelines to be used
by’’ and inserting ‘‘guidance for’’.
(c) APPLICATIONS FOR PREPARATION OF VESSELS AS REEFS.—
Such section is further amended—
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new para-
graph (5):
‘‘(5) Not later than March 31, 2004, the Secretary of Transpor-
tation, acting through the Maritime Administration, and the
Administrator of the Environmental Protection Agency shall jointly
establish an application process for governments of States, common-
wealths, and United States territories and possession, and foreign
governments, for the preparation of vessels for use as artificial
reefs, including documentation and certification requirements for
that application process.’’.
SEC. 3517. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PRO-
GRAM.
(a) AUTHORITY TO ENTER AGREEMENTS.—
(1) IN
GENERAL.—The Secretary of Transportation may
carry out a pilot program under which the Secretary may
enter into an agreement with a contractor under chapter 531
of title 46, United States Code, as amended by this Act,
regarding maintenance and repair of a vessel that is subject
to an operating agreement under that chapter.
(2) LIMITATION.—The Secretary may not require a person
to enter into an agreement under this section, including as
a condition of awarding an operating agreement to the person
under chapter 531 of title 46, United States Code, as amended
by this Act.
(b) TERMS OF AGREEMENT.—An agreement under this section—
(1) shall require that except as provided in subsection
(c), all qualified maintenance or repair on the vessel shall
be performed in the United States;
(2) shall require that the Secretary shall reimburse the
contractor in accordance with subsection (d) for the costs of
qualified maintenance or repair performed in the United States;
and
46 USC 53101
note.
Deadline.
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(3) shall apply to maintenance and repair performed during
the 5-year period beginning on the date the vessel begins oper-
ating under the operating agreement under chapter 531 of
title 46, United States Code.
(c) EXCEPTION TO REQUIREMENT TO PERFORM WORK IN THE
UNITED STATES.—A contractor shall not be required to have quali-
fied maintenance or repair work performed in the United States
under this section, if the Secretary determines that—
(1) there is no facility in the United States available to
perform the work; or
(2) there is not available to the Secretary sufficient funds
to pay reimbursement under subsection (d) with respect to
the work.
(d) REIMBURSEMENT.—
(1) IN GENERAL.—The Secretary shall, subject to the avail-
ability of appropriations, reimburse a contractor for costs
incurred by the contractor for qualified maintenance or repair
performed in the United States under this section.
(2) AMOUNT.—The amount of reimbursement shall be equal
to 80 percent of the difference between—
(A) the fair and reasonable cost of obtaining the quali-
fied maintenance or repair in the United States; and
(B) the fair and reasonable cost of obtaining the quali-
fied maintenance or repair outside the United States, in
the geographic region in which the vessel generally oper-
ates.
(3) DETERMINATION OF FAIR AND REASONABLE COSTS.—The
Secretary shall determine fair and reasonable costs for purposes
of paragraph (2).
(e) NOTIFICATION REQUIREMENTS.—
(1) NOTIFICATION BY CONTRACTOR.—The Secretary is not
required to pay reimbursement to a contractor under this sec-
tion for qualified maintenance or repair, unless the contractor—
(A) notifies the Secretary of the intent of the contractor
to obtain the qualified maintenance or repair, by not later
than 180 days before the date of the performance of the
qualified maintenance or repair; and
(B) includes in such notification—
(i) a description of all qualified maintenance or
repair that the contractor should reasonably expect
may be performed;
(ii) an estimate of the cost of obtaining such quali-
fied maintenance or repair in the United States; and
(iii) an estimate of the cost of obtaining such quali-
fied maintenance or repair outside the United States,
in the geographic region in which the vessel generally
operates.
(2) CERTIFICATION BY SECRETARY.—Not later than 60 days
after the date of receipt of notification under paragraph (1),
the Secretary shall certify to the contractor—
(A) whether there is a facility in the United States
available to perform the qualified maintenance or repair
described in the notification by the contractor under para-
graph (1); and
(B) whether there is available to the Secretary suffi-
cient funds to pay reimbursement under subsection (d)
with respect to such work.
Deadline.
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117 STAT. 1798
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(f) QUALIFIED MAINTENANCE OR REPAIR DEFINED.—In this sec-
tion the term ‘‘qualified maintenance or repair’’—
(1) except as provided in paragraph (2), means—
(A) any inspection of a vessel that is—
(i) required under chapter 33 of title 46, United
States Code; and
(ii) performed in the period in which the vessel
is subject to an agreement under this section; and
(B) any maintenance or repair of a vessel that is deter-
mined, in the course of an inspection referred to in subpara-
graph (A), to be necessary to comply with the laws of
the United States; and
(2) does not include—
(A) routine maintenance or repair; or
(B) any emergency work that is necessary to enable
a vessel to return to a port in the United States.
(g) ANALYSIS.—
(1) IN GENERAL.—Not later than October 1, 2004, the Sec-
retary of Transportation shall submit to the Committee on
Armed Services of the House of Representatives and the Com-
mittee on Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate, an analysis of the
need for agreements authorized by this section.
(2) CONDUCT
AND
CONSIDERATIONS.—In conducting the
analysis, the Secretary shall consider the overall costs and
benefits of the pilot program, including the following:
(A) The impact on operations of vessels in the program.
(B) The availability of repair shipyards and drydocks
in the various regions of the United States (as that term
is defined in such chapter) that are capable of handling
such vessels that are ocean-going vessels.
(C) The experience of such shipyards in repairing the
types of such vessels.
(D) A comparison of drydock and repair costs between
available United States and foreign shipyards located
within the geographic range of the trading area of such
vessels.
(E) A comparison of the time period required for the
drydocking and repair of such vessels between available
United States shipyards and foreign shipyards.
(F) The impact of the voyage deviation of such vessels
to United States shipyards.
(G) The benefits to the Department of Defense of
having a vessel repair base in the United States to accel-
erate the activation of the Ready Reserve Fleet.
(H) The benefits of extending the program to all vessels
that are subject to operating agreements under chapter
531 of title 46, United States Code, as amended by this
Act.
(3) RECOMMENDATIONS.—The Secretary shall include in the
analysis recommendations of any additional incentives that
are necessary to encourage participation in the program.
(h) AUTHORIZATION
OF APPROPRIATIONS.—In addition to the
other amounts authorized by this subtitle, for reimbursement of
costs of qualified maintenance or repair under this section there
is authorized to be appropriated to the Secretary of Transportation
$19,500,000 for each of fiscal years 2006 through 2011.
Deadline.
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117 STAT. 1799
PUBLIC LAW 108–136—NOV. 24, 2003
Subtitle B—Amendments to Title XI Loan
Guarantee Program
SEC. 3521. EQUITY PAYMENTS BY OBLIGOR FOR DISBURSEMENT PRIOR
TO TERMINATION OF ESCROW AGREEMENT.
(a) IN GENERAL.—Section 1108 of the Merchant Marine Act,
1936 (46 U.S.C. App. 1279a) is amended by adding at the end
the following:
‘‘(g) PAYMENTS REQUIRED BEFORE DISBURSEMENT.—
‘‘(1) IN GENERAL.—No disbursement shall be made under
subsection (b) to any person until the total amount paid by
or for the account of the obligor from sources other than the
proceeds of the obligation equals at least 25 percent or 121⁄2
percent, whichever is applicable under section 1104A, of the
aggregate actual cost of the vessel, as previously approved
by the Secretary. If the aggregate actual cost of the vessel
has increased since the Secretary’s initial approval or if it
increases after the first disbursement is permitted under this
subsection, then no further disbursements shall be made under
subsection (b) until the total amount paid by or for the account
of the obligor from sources other than the proceeds of the
obligation equals at least 25 percent or 121⁄2 percent, as
applicable, of the increase, as determined by the Secretary,
in the aggregate actual cost of the vessel. Nothing in this
paragraph shall require the Secretary to consent to finance
any increase in actual cost unless the Secretary determines
that such an increase in the obligation meets all the terms
and conditions of this title or other applicable law.
‘‘(2) DOCUMENTED PROOF OF PROGRESS REQUIREMENT.—The
Secretary shall, by regulation, establish a transparent, inde-
pendent, and risk-based process for verifying and documenting
the progress of projects under construction before disbursing
guaranteed loan funds. At a minimum, the process shall require
documented proof of progress in connection with the construc-
tion, reconstruction, or reconditioning of a vessel or vessels
before disbursements are made from the escrow fund. The
Secretary may require that the obligor provide a certificate
from an independent party certifying that the requisite progress
in construction, reconstruction, or reconditioning has taken
place.’’.
(b) DEFINITION OF ACTUAL COST.—Section 1101(f) of the Mer-
chant Marine Act, 1936 (46 U.S.C. App. 1271(f)) is amended to
read as follows:
‘‘(f) ACTUAL COST DEFINED.—The term ‘actual cost’ means the
sum of—
‘‘(1) all amounts paid by or for the account of the obligor
as of the date on which a determination is made under section
1108(g)(1); and
‘‘(2) all amounts that the Secretary reasonably estimates
that the obligor will become obligated to pay from time to
time thereafter, for the construction, reconstruction, or recondi-
tioning of the vessel, including guarantee fees that will become
payable under section 1104A(e) in connection with all obliga-
tions issued for construction, reconstruction, or reconditioning
of the vessel or equipment to be delivered, and all obligations
issued for the delivered vessel or equipment.’’.
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PUBLIC LAW 108–136—NOV. 24, 2003
SEC. 3522. WAIVERS OF PROGRAM REQUIREMENTS.
Section 1104A(d) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1274(d)) is amended by redesignating paragraph (4) as para-
graph (5), and inserting after paragraph (3) the following:
‘‘(4) The Secretary shall promulgate regulations concerning
circumstances under which waivers of or exceptions to other-
wise applicable regulatory requirements concerning financial
condition can be made. The regulations shall require that—
‘‘(A) the economic soundness requirements set forth
in paragraph (1)(A) of this subsection are met after the
waiver of the financial condition requirement; and
‘‘(B) the waiver shall provide for the imposition of
other requirements on the obligor designed to compensate
for the increased risk associated with the obligor’s failure
to meet regulatory requirements applicable to financial
condition.’’.
SEC. 3523. PROJECT MONITORING.
(a) PROJECT MONITORING.—Section 1104A of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1274) is amended by adding
at the end the following:
‘‘(k) MONITORING.—The Secretary shall monitor the financial
conditions and operations of the obligor on a regular basis during
the term of the guarantee. The Secretary shall document the results
of the monitoring on an annual or quarterly basis depending upon
the condition of the obligor. If the Secretary determines that the
financial condition of the obligor warrants additional protections
to the Secretary, then the Secretary shall take appropriate action
under subsection (m) of this section. If the Secretary determines
that the financial condition of the obligor jeopardizes its continued
ability to perform its responsibilities in connection with the guar-
antee of obligations by the Secretary, the Secretary shall make
an immediate determination whether default should take place
and whether further measures described in subsection (m) should
be taken to protect the interests of the Secretary while insuring
that program objectives are met.’’.
(b) SEPARATION OF DUTIES AND OTHER REQUIREMENTS.—Section
1104A of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274),
as amended by subsection (a), is further amended by adding at
the end the following:
‘‘(l) REVIEW OF APPLICATIONS.—No commitment to guarantee,
or guarantee of, an obligation shall be made by the Secretary
unless the Secretary certifies that a full and fair consideration
of all the regulatory requirements, including economic soundness
and financial requirements applicable to obligors and related par-
ties, and a thorough assessment of the technical, economic, and
financial aspects of the loan application has been made.
‘‘(m) AGREEMENT WITH OBLIGOR.—The Secretary shall include
provisions in loan agreements with obligors that provide additional
authority to the Secretary to take action to limit potential losses
in connection with defaulted loans or loans that are in jeopardy
due to the deteriorating financial condition of obligors. Provisions
that the Secretary shall include in loan agreements include require-
ments for additional collateral or greater equity contributions that
are effective upon the occurrence of verifiable conditions relating
to the obligors financial condition or the status of the vessel or
shipyard project.’’.
Regulations.
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SEC. 3524. DEFAULTS.
Section 1105 of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1275) is amended by adding at the end the following:
‘‘(f) DEFAULT RESPONSE.—In the event of default on an obliga-
tion, the Secretary shall conduct operations under this title in
a manner which—
‘‘(1) maximizes the net present value return from the sale
or disposition of assets associated with the obligation, including
prompt referral to the Attorney General for collection as appro-
priate;
‘‘(2) minimizes the amount of any loss realized in the resolu-
tion of the guarantee;
‘‘(3) ensures adequate competition and fair and consistent
treatment of offerors; and
‘‘(4) requires appraisal of assets by an independent
appraiser.’’.
SEC. 3525. DECISION PERIOD.
Section 1104A of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1274), as amended by section 3523, is amended by adding
at the end the following:
‘‘(n) DECISION PERIOD.—
‘‘(1) IN GENERAL.—The Secretary of Transportation shall
approve or deny an application for a loan guarantee under
this title within 270 days after the date on which the signed
application is received by the Secretary.
‘‘(2) EXTENSION.—Upon request by an applicant, the Sec-
retary may extend the 270-day period in paragraph (1) to
a date not later than 2 years after the date on which the
signed application for the loan guarantee was received by the
Secretary.’’.
SEC. 3526. LOAN GUARANTEES.
Section 1104A of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1274) is amended—
(1) by striking subsection (d)(5); and
(2) in subsection (f)—
(A) by striking ‘‘(including for obtaining independent
analysis under subsection (d)(4))’’;
(B) by inserting ‘‘(1)’’ after ‘‘(f)’’; and
(C) by adding at the end the following:
‘‘(2) The Secretary may make a determination that aspects
of an application under this title require independent analysis to
be conducted by third party experts due to risk factors associated
with markets, technology, financial structures, or other risk factors
identified by the Secretary. Any independent analysis conducted
pursuant to this provision shall be performed by a party chosen
by the Secretary.
‘‘(3) Notwithstanding any other provision of this title, the Sec-
retary may make a determination that an application under this
title requires additional equity because of increased risk factors
associated with markets, technology, financial structures, or other
risk factors identified by the Secretary.
‘‘(4) The Secretary may charge and collect fees to cover the
costs of independent analysis under paragraph (2). Notwithstanding
section 3302 of title 31, United States Code, any fee collected
under this paragraph shall—
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117 STAT. 1802
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‘‘(A) be credit as an offsetting collection to the account
that finances the administration of the loan guarantee program;
‘‘(B) shall be available for expenditure only to pay the
costs of activities and services for which the fee is imposed;
and
‘‘(C) shall remain available until expended.’’.
SEC. 3527. ANNUAL REPORT ON PROGRAM.
The Secretary of Transportation shall report to Congress
annually on the loan guarantee program under title XI of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.). The
reports shall include—
(1) the size, in dollars, of the portfolio of loans guaranteed;
(2) the size, in dollars, of projects in the portfolio facing
financial difficulties;
(3) the number and type of projects covered;
(4) a profile of pending loan applications;
(5) the amount of appropriations available for new guaran-
tees;
(6) a profile of each project approved since the last report;
and
(7) a profile of any defaults since the last report.
SEC. 3528. REVIEW OF PROGRAM.
(a) IN GENERAL.—The Secretary of Transportation shall conduct
a comprehensive assessment of the human capital and other
resource needs in connection with the title XI loan guarantee pro-
gram under the Merchant Marine Act, 1936 (46 U.S.C. App. 1271
et seq.). In connection with this assessment, the Secretary shall
develop an organizational framework for the program offices that
insures that a clear separation of duties is established among
the loan application, project monitoring, and default management
functions.
(b) PROGRAM ENHANCEMENTS.—
(1) Section 1103(h)(1) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1273(h)(1)) is amended—
(A) by striking ‘‘subsection’’ in subparagraph (A) and
inserting ‘‘subsection, and update annually,’’;
(B) by inserting ‘‘annually’’ before ‘‘determine’’ in
subparagraph (B);
(C) by striking ‘‘and’’ after the semicolon in subpara-
graph (A);
(D) by striking ‘‘category.’’ in subparagraph (B) and
inserting ‘‘category; and’’; and
(E) by adding at the end the following:
‘‘(C) ensure that each risk category is comprised of
loans that are relatively homogeneous in cost and share
characteristics predictive of defaults and other costs, given
the facts known at the time of obligation or commitment,
using a risk category system that is based on historical
analysis of program data and statistical evidence con-
cerning the likely costs of defaults or other costs that
expected to be associated with the loans in the category.’’.
(2) Section 1103(h)(2)(A) of that Act (46 U.S.C. App.
1273(h)(2)(A)) is amended by inserting ‘‘and annually for
projects subject to a guarantee,’’ after ‘‘obligation,’’.
(3) Section 1103(h)(3) of that Act (46 U.S.C. App. 1273(h)(3))
is amended by adding at the end the following:
46 USC app.
1271 note.
46 USC app.
1280b.
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117 STAT. 1803
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(K) A risk factor for concentration risk reflecting the
risk presented by an unduly large percentage of loans
outstanding by any 1 borrower or group of affiliated bor-
rowers.’’.
(c) REPORT.—The Secretary shall report to the Committee on
Armed Services and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed Services
of the House of Representatives on the results of the development
of an organizational framework under subsection (a) by January
2, 2004.
Subtitle C—Maritime Security Fleet
SEC. 3531. ESTABLISHMENT OF MARITIME SECURITY FLEET.
(a) IN GENERAL.—Title 46, United States Code, is amended
by inserting before subtitle VI the following new subtitle:
‘‘Subtitle V—Merchant Marine
‘‘Chap.
Sec.
‘‘531. Maritime Security Fleet ........................................................................
53101
‘‘CHAPTER 531—MARITIME SECURITY FLEET
‘‘Sec.
‘‘53101. Definitions.
‘‘53102. Establishment of Maritime Security Fleet.
‘‘53103. Award of operating agreements.
‘‘53104. Effectiveness of operating agreements.
‘‘53105. Obligations and rights under operating agreements.
‘‘53106. Payments.
‘‘53107. National security requirements.
‘‘53108. Regulatory relief.
‘‘53109. Special rule regarding age of participating fleet vessel.
‘‘53110. Regulations.
‘‘53111. Authorization of appropriations.
‘‘§ 53101. Definitions
‘‘In this chapter:
‘‘(1) BULK CARGO.—The term ‘bulk cargo’ means cargo that
is loaded and carried in bulk without mark or count.
‘‘(2) CONTRACTOR.—The term ‘contractor’ means an owner
or operator of a vessel that enters into an operating agreement
for the vessel with the Secretary under section 53103.
‘‘(3) FLEET.—The term ‘Fleet’ means the Maritime Security
Fleet established under section 53102(a).
‘‘(4) FOREIGN COMMERCE.—The term ‘foreign commerce’—
‘‘(A) subject to subparagraph (B), means—
‘‘(i) commerce or trade between the United States,
its territories or possessions, or the District of
Columbia, and a foreign country; and
‘‘(ii) commerce or trade between foreign countries;
and
‘‘(B) includes, in the case of liquid and dry bulk cargo
carrying services, trading between foreign ports in accord-
ance with normal commercial bulk shipping practices in
such manner as will permit United States-documented ves-
sels freely to compete with foreign-flag bulk carrying ves-
sels in their operation or in competing for charters, subject
to rules and regulations promulgated by the Secretary of
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117 STAT. 1804
PUBLIC LAW 108–136—NOV. 24, 2003
Transportation pursuant to this chapter or subtitle D of
the Maritime Security Act of 2003.
‘‘(5) LASH VESSEL.—The term ‘LASH vessel’ means a
lighter aboard ship vessel.
‘‘(6) PARTICIPATING FLEET VESSEL.—The term ‘participating
fleet vessel’ means any vessel that—
‘‘(A) on October 1, 2005—
‘‘(i) meets the requirements of paragraph (1), (2),
(3), or (4) of section 53102(c); and
‘‘(ii) is less than 25 years of age, or less than
30 years of age in the case of a LASH vessel; and
‘‘(B) on December 31, 2004, is covered by an operating
agreement under subtitle B of title VI of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1187 et seq.).
‘‘(7) PERSON.—The term ‘person’ includes corporations, part-
nerships, and associations existing under or authorized by the
laws of the United States, or any State, Territory, District,
or possession thereof, or of any foreign country.
‘‘(8) PRODUCT TANK VESSEL.—The term ‘product tank vessel’
means a double hulled tank vessel capable of carrying simulta-
neously more than 2 separated grades of refined petroleum
products.
‘‘(9) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(10) TANK
VESSEL.—The term ‘tank vessel’ has the
meaning that term has under section 2101 of this title.
‘‘(11) UNITED STATES.—The term ‘United States’ includes
the District of Columbia, the Commonwealth of Puerto Rico,
the Northern Mariana Islands, Guam, American Samoa, the
Virgin Islands.
‘‘(12) UNITED
STATES
CITIZEN
TRUST.—(A) Subject to
subparagraph (C), the term ‘United States citizen trust’ means
a trust that is qualified under this paragraph.
‘‘(B) A trust is qualified under this paragraph with respect
to a vessel only if—
‘‘(i) each of the trustees is a citizen of the United
States; and
‘‘(ii) the application for documentation of the vessel
under chapter 121 of this title includes the affidavit of
each trustee stating that the trustee is not aware of any
reason involving a beneficiary of the trust that is not
a citizen of the United States, or involving any other person
that is not a citizen of the United States, as a result
of which the beneficiary or other person would hold more
than 25 percent of the aggregate power to influence or
limit the exercise of the authority of the trustee with
respect to matters involving any ownership or operation
of the vessel that may adversely affect the interests of
the United States.
‘‘(C) If any person that is not a citizen of the United
States has authority to direct or participate in directing a
trustee for a trust in matters involving any ownership or oper-
ation of the vessel that may adversely affect the interests
of the United States or in removing a trustee for a trust
without cause, either directly or indirectly through the control
of another person, the trust is not qualified under this para-
graph unless the trust instrument provides that persons who
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117 STAT. 1805
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are not citizens of the United States may not hold more than
25 percent of the aggregate authority to so direct or remove
a trustee.
‘‘(D) This paragraph shall not be considered to prohibit
a person who is not a citizen of the United States from holding
more than 25 percent of the beneficial interest in a trust.
‘‘(13) UNITED
STATES-DOCUMENTED
VESSEL.—The term
‘United States-documented vessel’ means a vessel documented
under chapter 121 of this title.
‘‘§ 53102. Establishment of Maritime Security Fleet
‘‘(a) IN GENERAL.—The Secretary of Transportation, in consulta-
tion with the Secretary of Defense, shall establish a fleet of active,
commercially viable, militarily useful, privately owned vessels to
meet national defense and other security requirements and main-
tain a United States presence in international commercial shipping.
The Fleet shall consist of privately owned, United States-docu-
mented vessels for which there are in effect operating agreements
under this chapter, and shall be known as the Maritime Security
Fleet.
‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be included
in the Fleet if—
‘‘(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
‘‘(2) the vessel is operated (or in the case of a vessel
to be constructed, will be operated) in providing transportation
in foreign commerce;
‘‘(3) the vessel is self-propelled and is—
‘‘(A) a roll-on/roll-off vessel with a carrying capacity
of at least 80,000 square feet or 500 twenty-foot equivalent
units and that is 15 years of age or less on the date
the vessel is included in the Fleet;
‘‘(B) a tank vessel that is constructed in the United
States after the date of the enactment of this chapter;
‘‘(C) a tank vessel that is 10 years of age or less
on the date the vessel is included in the Fleet;
‘‘(D) a LASH vessel that is 25 years of age or less
on the date the vessel is included in the Fleet; or
‘‘(E) any other type of vessel that is 15 years of age
or less on the date the vessel is included in the Fleet;
‘‘(4) the vessel is—
‘‘(A) determined by the Secretary of Defense to be
suitable for use by the United States for national defense
or military purposes in time of war or national emergency;
and
‘‘(B) determined by the Secretary to be commercially
viable; and
‘‘(5) the vessel—
‘‘(A) is a United States-documented vessel; or
‘‘(B) is not a United States-documented vessel, but—
‘‘(i) the owner of the vessel has demonstrated an
intent to have the vessel documented under chapter
121 of this title if it is included in the Fleet; and
‘‘(ii) at the time an operating agreement for the
vessel is entered into under this chapter, the vessel
is eligible for documentation under chapter 121 of this
title.
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117 STAT. 1806
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(c) REQUIREMENTS
REGARDING
CITIZENSHIP
OF
OWNERS,
CHARTERERS, AND OPERATORS.—
‘‘(1) VESSEL OWNED AND OPERATED BY SECTION 2 CITIZENS.—
A vessel meets the requirements of this paragraph if, during
the period of an operating agreement under this chapter that
applies to the vessel, the vessel will be owned and operated
by one or more persons that are citizens of the United States
under section 2 of the Shipping Act, 1916 (46 U.S.C. App.
802).
‘‘(2) VESSEL OWNED BY SECTION 2 CITIZEN OR UNITED STATES
CITIZEN TRUST, AND CHARTERED TO DOCUMENTATION CITIZEN.—
A vessel meets the requirements of this paragraph if—
‘‘(A) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will
be—
‘‘(i) owned by a person that is a citizen of the
United States under section 2 of the Shipping Act,
1916 (46 U.S.C. App. 802) or that is a United States
citizen trust; and
‘‘(ii) demise chartered to a person—
‘‘(I) that is eligible to document the vessel
under chapter 121 of this title;
‘‘(II) the chairman of the board of directors,
chief executive officer, and a majority of the mem-
bers of the board of directors of which are citizens
of the United States under section 2 of the Ship-
ping Act, 1916 (46 U.S.C. App. 802), and are
appointed and subjected to removal only upon
approval by the Secretary; and
‘‘(III) that certifies to the Secretary that there
are no treaties, statutes, regulations, or other laws
that would prohibit the contractor for the vessel
from performing its obligations under an operating
agreement under this chapter;
‘‘(B) in the case of a vessel that will be demise chartered
to a person that is owned or controlled by another person
that is not a citizen of the United States under section
2 of the Shipping Act, 1916 (46 U.S.C. App. 802), the
other person enters into an agreement with the Secretary
not to influence the operation of the vessel in a manner
that will adversely affect the interests of the United States;
and
‘‘(C) the Secretary and the Secretary of Defense notify
the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services of the House of Rep-
resentatives that they concur with the certification required
under subparagraph (A)(ii)(III), and have reviewed and
agree that there are no other legal, operational, or other
impediments that would prohibit the contractor for the
vessel from performing its obligations under an operating
agreement under this chapter.
‘‘(3) VESSEL
OWNED
AND
OPERATED
BY
DEFENSE
CON-
TRACTOR.—A vessel meets the requirements of this paragraph
if—
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117 STAT. 1807
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(A) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will
be owned and operated by a person that—
‘‘(i) is eligible to document a vessel under chapter
121 of this title;
‘‘(ii) operates or manages other United States-docu-
mented vessels for the Secretary of Defense, or charters
other vessels to the Secretary of Defense;
‘‘(iii) has entered into a special security agreement
for purposes of this paragraph with the Secretary of
Defense;
‘‘(iv) makes the certification described in paragraph
(2)(A)(ii)(III); and
‘‘(v) in the case of a vessel described in paragraph
(2)(B), enters into an agreement referred to in that
paragraph; and
‘‘(B) the Secretary and the Secretary of Defense notify
the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services of the House of Rep-
resentatives that they concur with the certification required
under subparagraph (A)(iv), and have reviewed and agree
that there are no other legal, operational, or other impedi-
ments that would prohibit the contractor for the vessel
from performing its obligations under an operating agree-
ment under this chapter.
‘‘(4) VESSEL OWNED BY DOCUMENTATION CITIZEN AND CHAR-
TERED TO SECTION 2 CITIZEN.—A vessel meets the requirements
of this paragraph if, during the period of an operating agree-
ment under this chapter that applies to the vessel, the vessel
will be—
‘‘(A) owned by a person that is eligible to document
a vessel under chapter 121 of this title; and
‘‘(B) demise chartered to a person that is a citizen
of the United States under section 2 of the Shipping Act,
1916 (46 U.S.C. App. 802).
‘‘(d) REQUEST BY SECRETARY OF DEFENSE.—The Secretary of
Defense shall request the Secretary of Homeland Security to issue
any waiver under the first section of Public Law 81–891 (64 Stat.
1120; 46 U.S.C. App. note prec. 3) that is necessary for purposes
of this chapter.
‘‘(e) VESSEL STANDARDS.—
‘‘(1) CERTIFICATE OF INSPECTION.—A vessel used to provide
oceangoing transportation which the Secretary of the depart-
ment in which the Coast Guard is operating determines meets
the criteria of subsection (b) of this section but which, on
the date of enactment of the Maritime Security Act of 2003,
is not a documented vessel (as that term is defined in section
12101 of this title) shall be eligible for a certificate of inspection
if the Secretary determines that—
‘‘(A) the vessel is classed by and designed in accordance
with the rules of the American Bureau of Shipping, or
another classification society accepted by the Secretary;
‘‘(B) the vessel complies with applicable international
agreements and associated guidelines, as determined by
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117 STAT. 1808
PUBLIC LAW 108–136—NOV. 24, 2003
the country in which the vessel was documented imme-
diately before becoming a documented vessel (as defined
in that section); and
‘‘(C) that country has not been identified by the Sec-
retary as inadequately enforcing international vessel regu-
lations as to that vessel.
‘‘(2) CONTINUED ELIGIBILITY FOR CERTIFICATE.—Paragraph
(1) does not apply to a vessel after any date on which the
vessel fails to comply with the applicable international agree-
ments and associated guidelines referred to in paragraph (1)(B).
‘‘(3) RELIANCE ON CLASSIFICATION SOCIETY.—
‘‘(A) IN GENERAL.—The Secretary may rely on a certifi-
cation from the American Bureau of Shipping or, subject
to subparagraph (B), another classification society accepted
by the Secretary to establish that a vessel is in compliance
with the requirements of paragraphs (1) and (2).
‘‘(B) FOREIGN CLASSIFICATION SOCIETY.—The Secretary
may accept certification from a foreign classification society
under subparagraph (A) only—
‘‘(i) to the extent that the government of the foreign
country in which the society is headquartered provides
access on a reciprocal basis to the American Bureau
of Shipping; and
‘‘(ii) if the foreign classification society has offices
and maintains records in the United States.
‘‘(f) WAIVER OF AGE RESTRICTION.—The Secretary of Defense,
in conjunction with the Secretary of Transportation, may waive
the application of an age restriction under subsection (b)(3) if the
Secretaries jointly determine that the waiver—
‘‘(1) is in the national interest;
‘‘(2) is appropriate to allow the maintenance of the economic
viability of the vessel and any associated operating network;
and
‘‘(3) is necessary due to the lack of availability of other
vessels and operators that comply with the requirements of
this chapter.
‘‘§ 53103. Award of operating agreements
‘‘(a) IN GENERAL.—The Secretary shall require, as a condition
of including any vessel in the Fleet, that the person that is the
owner or operator of the vessel for purposes of section 53102(c)
enter into an operating agreement with the Secretary under this
section.
‘‘(b) PROCEDURE FOR APPLICATIONS.—
‘‘(1) ACCEPTANCE
OF
APPLICATIONS.—Beginning no later
than 30 days after the effective date of this chapter, the Sec-
retary shall accept applications for enrollment of vessels in
the Fleet.
‘‘(2) ACTION ON APPLICATIONS.—Within 90 days after receipt
of an application for enrollment of a vessel in the Fleet, the
Secretary shall approve the application in conjunction with
the Secretary of Defense, and shall enter into an operating
agreement with the applicant, or provide in writing the reason
for denial of that application.
‘‘(3) PARTICIPATING FLEET VESSELS.—
‘‘(A) IN
GENERAL.—The Secretary shall accept an
application for an operating agreement for a participating
Deadlines.
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117 STAT. 1809
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fleet vessel under the priority under subsection (c)(1)(B)
only from a person that has authority to enter into an
operating agreement for the vessel with respect to the
full term of the operating agreement.
‘‘(B) VESSEL UNDER DEMISE CHARTER.—For purposes
of subparagraph (A), in the case of a vessel that is subject
to a demise charter that terminates by its terms on Sep-
tember 30, 2005 (without giving effect to any extension
provided therein for completion of a voyage or to effect
the actual redelivery of the vessel), or that is terminable
at will by the owner of the vessel after such date, only
the owner of the vessel shall be treated as having the
authority referred to in paragraph (1).
‘‘(C) VESSEL OWNED BY UNITED STATES CITIZEN TRUST.—
For purposes of subparagraph (B), in the case of a vessel
owned by a United States citizen trust, the term ‘owner
of the vessel’ includes a beneficial owner of the vessel
with respect to such trust.
‘‘(c) PRIORITY FOR AWARDING AGREEMENTS.—
‘‘(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Secretary shall enter into operating agreements
according to the following priority:
‘‘(A) NEW TANK VESSELS.—First, for any tank vessel
that—
‘‘(i) is constructed in the United States after the
effective date of this chapter;
‘‘(ii) is eligible to be included in the Fleet under
section 53102(b); and
‘‘(iii) during the period of an operating agreement
under this chapter that applies to the vessel, will be
owned and operated by one or more persons that are
citizens of the United States under section 2 of the
Shipping Act, 1916 (46 U.S.C. App. 802),
except that the Secretary shall not enter into operating
agreements under this subparagraph for more than 5 such
vessels.
‘‘(B) PARTICIPATING
FLEET
VESSELS.—Second, to the
extent amounts are available after applying subparagraphs
(A), for any participating fleet vessel, except that the Sec-
retary shall not enter into operating agreements under
this subparagraph for more than 47 vessels.
‘‘(C) CERTAIN VESSELS OPERATED BY SECTION 2 CITI-
ZENS.—Third, to the extent amounts are available after
applying subparagraphs (A) and (B), for any other vessel
that is eligible to be included in the Fleet under section
53102(b), and that, during the period of an operating agree-
ment under this chapter that applies to the vessel, will
be—
‘‘(i) owned and operated by one or more persons
that are citizens of the United States under section
2 of the Shipping Act, 1916 (46 U.S.C. App. 802);
or
‘‘(ii) owned by a person that is eligible to document
the vessel under chapter 121 of this title, and operated
by a person that is a citizen of the United States
under section 2 of the Shipping Act, 1916 (46 U.S.C.
App. 802).
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‘‘(D) OTHER ELIGIBLE VESSELS.—Fourth, to the extent
amounts are available after applying subparagraphs (A),
(B), and (C), for any other vessel that is eligible to be
included in the Fleet under section 53102(b).
‘‘(2) REDUCTION IN NUMBER OF SLOTS FOR PARTICIPATING
FLEET
VESSELS.—The number in paragraph (1)(B) shall be
reduced by 1—
‘‘(A) for each participating fleet vessel for which an
application for enrollment in the Fleet is not received by
the Secretary within the 90-day period beginning on the
effective date of this chapter; and
‘‘(B) for each participating fleet vessel for which an
application for enrollment in the Fleet received by the
Secretary is not approved by the Secretary and the Sec-
retary of Defense within the 90-day period beginning on
the date of such receipt.
‘‘(3) DISCRETION WITHIN PRIORITY.—The Secretary—
‘‘(A) subject to subparagraph (B), may award operating
agreements within each priority under paragraph (1) as
the Secretary considers appropriate; and
‘‘(B) shall award operating agreement within a
priority—
‘‘(i) in accordance with operational requirements
specified by the Secretary of Defense;
‘‘(ii) in the case of operating agreements awarded
under subparagraph (C) or (D) of paragraph (1),
according to applicants’ records of owning and oper-
ating vessels; and
‘‘(iii) subject to the approval of the Secretary of
Defense.
‘‘(4) TREATMENT OF TANK VESSEL TO BE REPLACED.—(A)
For purposes of the application of paragraph (1)(A) with respect
to the award of an operating agreement, the Secretary may
treat an existing tank vessel that is eligible to be included
in the Fleet under section 53102(b) as a vessel that is con-
structed in the United States after the effective date of this
chapter, if—
‘‘(i) a binding contract for construction in the United
States of a replacement vessel to be operated under the
operating agreement is executed by not later than 9 months
after the first date amounts are available to carry out
this chapter; and
‘‘(ii) the replacement vessel is eligible to be included
in the Fleet under section 53102(b).
‘‘(B) No payment under this chapter may be made for
an existing tank vessel for which an operating agreement is
awarded under this paragraph after the earlier of—
‘‘(i) 4 years after the first date amounts are available
to carry out this chapter; or
‘‘(ii) the date of delivery of the replacement tank vessel.
‘‘(d) LIMITATION.—The Secretary may not award operating
agreements under this chapter that require payments under section
53106 for a fiscal year for more than 60 vessels.
‘‘§ 53104. Effectiveness of operating agreements
‘‘(a) EFFECTIVENESS, GENERALLY.—The Secretary may enter
into an operating agreement under this chapter for fiscal year
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2006. Except as provided in subsection (b), the agreement shall
be effective only for 1 fiscal year, but shall be renewable, subject
to the availability of appropriations, for each subsequent fiscal
year through the end of fiscal year 2015.
‘‘(b) VESSELS UNDER CHARTER TO UNITED STATES.—Unless an
earlier date is requested by the applicant, the effective date for
an operating agreement with respect to a vessel that is, on the
date of entry into an operating agreement, on charter to the United
States Government, other than a charter pursuant to an Emergency
Preparedness Agreement under section 53107, shall be the expira-
tion or termination date of the Government charter covering the
vessel, or any earlier date the vessel is withdrawn from that charter.
‘‘(c) TERMINATION.—
‘‘(1) TERMINATION BY SECRETARY.—If the contractor with
respect to an operating agreement materially fails to comply
with the terms of the agreement—
‘‘(A) the Secretary shall notify the contractor and pro-
vide a reasonable opportunity to comply with the operating
agreement;
‘‘(B) the Secretary shall terminate the operating agree-
ment if the contractor fails to achieve such compliance;
and
‘‘(C) upon such termination, any funds obligated by
the agreement shall be available to the Secretary to carry
out this chapter.
‘‘(2) EARLY
TERMINATION
BY
CONTRACTOR, GENERALLY.—
An operating agreement under this chapter shall terminate
on a date specified by the contractor if the contractor notifies
the Secretary, by not later than 60 days before the effective
date of the termination, that the contractor intends to terminate
the agreement.
‘‘(3) EARLY TERMINATION BY CONTRACTOR, WITH AVAILABLE
REPLACEMENT.—An operating agreement under this chapter
shall terminate upon the expiration of the 3-year period begin-
ning on the date a vessel begins operating under the agreement,
if—
‘‘(A) the contractor notifies the Secretary, by not later
than 2 years after the date the vessel begins operating
under the agreement, that the contractor intends to termi-
nate the agreement under this paragraph; and
‘‘(B) the Secretary, in conjunction with the Secretary
of Defense, determines that—
‘‘(i) an application for an operating agreement
under this chapter has been received for a replacement
vessel that is acceptable to the Secretaries; and
‘‘(ii) during the period of an operating agreement
under this chapter that applies to the replacement
vessel, the replacement vessel will be—
‘‘(I) owned and operated by one or more per-
sons that are citizens of the United States under
section 2 of the Shipping Act, 1916 (46 U.S.C.
App. 802); or
‘‘(II) owned by a person that is eligible to
document the vessel under chapter 121 of this
title, and operated by a person that is a citizen
of the United States under section 2 of the Ship-
ping Act, 1916 (46 U.S.C. App. 802).
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‘‘(d) NONRENEWAL FOR LACK OF FUNDS.—If, by the first day
of a fiscal year, sufficient funds have not been appropriated under
the authority provided by this chapter for that fiscal year, then
the Secretary shall notify the Committee on Armed Services and
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services of the House of
Representatives that operating agreements authorized under this
chapter for which sufficient funds are not available will not be
renewed for that fiscal year if sufficient funds are not appropriated
by the 60th day of that fiscal year.
‘‘(e) RELEASE OF VESSELS FROM OBLIGATIONS.—If an operating
agreement under this chapter is terminated under subsection (c)(3),
or if funds are not appropriated for payments under an operating
agreement under this chapter for any fiscal year by the 60th day
of that fiscal year, then—
‘‘(1) each vessel covered by the operating agreement is
thereby released from any further obligation under the oper-
ating agreement;
‘‘(2) the owner or operator of the vessel may transfer and
register such vessel under a foreign registry that is acceptable
to the Secretary of Transportation and the Secretary of Defense,
notwithstanding section 9 of the Shipping Act, 1916 (46 U.S.C.
App. 808); and
‘‘(3) if section 902 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1242) is applicable to such vessel after registration
of the vessel under such a registry, then the vessel is available
to be requisitioned by the Secretary of Transportation pursuant
to section 902 of such Act.
‘‘§ 53105. Obligations and rights under operating agreements
‘‘(a) OPERATION OF VESSEL.—An operating agreement under
this chapter shall require that, during the period a vessel is oper-
ating under the agreement—
‘‘(1) the vessel—
‘‘(A) shall be operated exclusively in the foreign com-
merce or in mixed foreign commerce and domestic trade
allowed under a registry endorsement issued under section
12105 of this title; and
‘‘(B) shall not otherwise be operated in the coastwise
trade; and
‘‘(2) the vessel shall be documented under chapter 121
of this title.
‘‘(b) ANNUAL PAYMENTS BY SECRETARY.—
‘‘(1) IN
GENERAL.—An operating agreement under this
chapter shall require, subject to the availability of appropria-
tions, that the Secretary make a payment each fiscal year
to the contractor in accordance with section 53106.
‘‘(2) OPERATING
AGREEMENT
IS
OBLIGATION
OF
UNITED
STATES
GOVERNMENT.—An operating agreement under this
chapter constitutes a contractual obligation of the United States
Government to pay the amounts provided for in the agreement
to the extent of actual appropriations.
‘‘(c) DOCUMENTATION REQUIREMENT.—Each vessel covered by
an operating agreement (including an agreement terminated under
section 53104(c)(2)) shall remain documented under chapter 121
of this title, until the date the operating agreement would terminate
according to its terms.
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‘‘(d) NATIONAL SECURITY REQUIREMENTS.—
‘‘(1) IN GENERAL.—A contractor with respect to an operating
agreement (including an agreement terminated under section
53104(c)(2)) shall continue to be bound by the provisions of
section 53107 until the date the operating agreement would
terminate according to its terms.
‘‘(2) EMERGENCY
PREPAREDNESS
AGREEMENT.—All terms
and conditions of an Emergency Preparedness Agreement
entered into under section 53107 shall remain in effect until
the date the operating agreement would terminate according
to its terms, except that the terms of such Emergency Prepared-
ness Agreement may be modified by the mutual consent of
the contractor, the Secretary of Transportation, and the Sec-
retary of Defense.
‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A contractor under
an operating agreement may transfer the agreement (including
all rights and obligations under the agreement) to any person
that is eligible to enter into that operating agreement under this
chapter, if the transfer is approved by the Secretary and the Sec-
retary of Defense.
‘‘(f) REPLACEMENT VESSEL.—A contractor may replace a vessel
under an operating agreement with another vessel that is eligible
to be included in the Fleet under section 53102(b), if the Secretary,
in conjunction with the Secretary of Defense, approve replacement
of the vessel.
‘‘§ 53106. Payments
‘‘(a) ANNUAL PAYMENT.—
‘‘(1) IN GENERAL.—The Secretary, subject to the availability
of appropriations and the other provisions of this section, shall
pay to the contractor for an operating agreement, for each
vessel that is covered by the operating agreement, an amount
equal to—
‘‘(A) $2,600,000 for each of fiscal years 2006, 2007,
and 2008;
‘‘(B) $2,900,000, for each of fiscal years 2009, 2010,
and 2011; and
‘‘(C) $3,100,000 for each fiscal years 2012, 2013, 2014,
and 2015.
‘‘(2) TIMING.—The amount shall be paid in equal monthly
installments at the end of each month. The amount shall not
be reduced except as provided by this section.
‘‘(b) CERTIFICATION REQUIRED FOR PAYMENT.—As a condition
of receiving payment under this section for a fiscal year for a
vessel, the contractor for the vessel shall certify, in accordance
with regulations issued by the Secretary, that the vessel has been
and will be operated in accordance with section 53105(a)(1) for
at least 320 days in the fiscal year. Days during which the vessel
is drydocked, surveyed, inspected, or repaired shall be considered
days of operation for purposes of this subsection.
‘‘(c) GENERAL LIMITATIONS.—The Secretary of Transportation
shall not make any payment under this chapter for a vessel with
respect to any days for which the vessel is—
‘‘(1) under a charter to the United States Government,
other than a charter pursuant to an Emergency Preparedness
Agreement under section 53107;
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117 STAT. 1814
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‘‘(2) not operated or maintained in accordance with an
operating agreement under this chapter; or
‘‘(3) more than—
‘‘(A) 25 years of age, except as provided in subpara-
graph (B) or (C);
‘‘(B) 20 years of age, in the case of a tank vessel;
or
‘‘(C) 30 years of age, in the case of a LASH vessel.
‘‘(d) REDUCTIONS
IN PAYMENTS.—With respect to payments
under this chapter for a vessel covered by an operating agreement,
the Secretary—
‘‘(1) except as provided in paragraph (2), shall not reduce
any payment for the operation of the vessel to carry military
or other preference cargoes under section 2631 of title 10,
United States Code, the Act of March 26, 1934 (46 U.S.C.
App. 1241–1), section 901(a), 901(b), or 901b of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241f),
or any other cargo preference law of the United States;
‘‘(2) shall not make any payment for any day that the
vessel is engaged in transporting more than 7,500 tons of
civilian bulk preference cargoes pursuant to section 901(a),
901(b), or 901b of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1241(a), 1241(b), or 1241f), that is bulk cargo; and
‘‘(3) shall make a pro rata reduction in payment for each
day less than 320 in a fiscal year that the vessel is not operated
in accordance with section 53105(a)(1), with days during which
the vessel is drydocked or undergoing survey, inspection, or
repair considered to be days on which the vessel is operated.
‘‘(e) 
LIMITATION
REGARDING
NONCONTIGUOUS
DOMESTIC
TRADE.—
‘‘(1) IN GENERAL.—No contractor shall receive payments
pursuant to this chapter during a period in which it participates
in noncontiguous domestic trade.
‘‘(2) LIMITATION ON APPLICATION.—Paragraph (1) shall not
apply to any person that is a citizen of the United States
within the meaning of section 2(c) of the Shipping Act, 1916
(46 U.S.C. App. 802(c)).
‘‘(3) PARTICIPATES IN A NONCONTIGUOUS DOMESTIC TRADE
DEFINED.—In this subsection the term ‘participates in a non-
contiguous domestic trade’ means directly or indirectly owns,
charters, or operates a vessel engaged in transportation of
cargo between a point in the contiguous 48 States and a point
in Alaska, Hawaii, or Puerto Rico, other than a point in Alaska
north of the Arctic Circle.
‘‘§ 53107. National security requirements
‘‘(a) EMERGENCY PREPAREDNESS AGREEMENT REQUIRED.—The
Secretary shall establish an Emergency Preparedness Program
under this section that is approved by the Secretary of Defense.
Under the program, the Secretary, in conjunction with the Secretary
of Defense, shall include in each operating agreement under this
chapter a requirement that the contractor enter into an Emergency
Preparedness Agreement under this section with the Secretary.
The Secretary shall negotiate and enter into an Emergency
Preparedness Agreement with each contractor as promptly as prac-
ticable after the contractor has entered into an operating agreement
under this chapter.
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PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(b) TERMS OF AGREEMENT.—
‘‘(1) IN GENERAL.—An Emergency Preparedness Agreement
under this section shall require that upon a request by the
Secretary of Defense during time of war or national emergency,
or whenever determined by the Secretary of Defense to be
necessary for national security or contingency operation (as
that term is defined in section 101 of title 10, United States
Code), a contractor for a vessel covered by an operating agree-
ment under this chapter shall make available commercial
transportation resources (including services).
‘‘(2) BASIC TERMS.—(A) The basic terms of the Emergency
Preparedness Agreement shall be established (subject to
subparagraph (B)) by the Secretary and the Secretary of
Defense.
‘‘(B) In any Emergency Preparedness Agreement, the Sec-
retary and a contractor may agree to additional or modifying
terms appropriate to the contractor’s circumstances if those
terms have been approved by the Secretary of Defense.
‘‘(c) PARTICIPATION AFTER EXPIRATION OF OPERATING AGREE-
MENT.—Except as provided by section 53105(d), the Secretary may
not require, through an Emergency Preparedness Agreement or
operating agreement, that a contractor continue to participate in
an Emergency Preparedness Agreement after the operating agree-
ment with the contractor has expired according to its terms or
is otherwise no longer in effect. After expiration of an Emergency
Preparedness Agreement, a contractor may volunteer to continue
to participate in such an agreement.
‘‘(d) RESOURCES MADE AVAILABLE.—The commercial transpor-
tation resources to be made available under an Emergency
Preparedness Agreement shall include vessels or capacity in vessels,
intermodal systems and equipment, terminal facilities, intermodal
and management services, and other related services, or any agreed
portion of such nonvessel resources for activation as the Secretary
of Defense may determine to be necessary, seeking to minimize
disruption of the contractor’s service to commercial shippers.
‘‘(e) COMPENSATION.—
‘‘(1) IN
GENERAL.—The Secretary shall include in each
Emergency Preparedness Agreement provisions approved by
the Secretary of Defense under which the Secretary of Defense
shall pay fair and reasonable compensation for all commercial
transportation resources provided pursuant to this section.
‘‘(2) SPECIFIC
REQUIREMENTS.—Compensation under this
subsection—
‘‘(A) shall not be less than the contractor’s commercial
market charges for like transportation resources;
‘‘(B) shall be fair and reasonable considering all cir-
cumstances;
‘‘(C) shall be provided from the time that a vessel
or resource is required by the Secretary of Defense until
the time that it is redelivered to the contractor and is
available to reenter commercial service; and
‘‘(D) shall be in addition to and shall not in any way
reflect amounts payable under section 53106.
‘‘(f) TEMPORARY REPLACEMENT VESSELS.—Notwithstanding sec-
tion 2631 of title 10, United States Code, the Act of March 26,
1934 (46 U.S.C. App. 1241–1), section 901(a), 901(b), or 901b of
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the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b),
or 1241f), or any other cargo preference law of the United States—
‘‘(1) a contractor may operate or employ in foreign com-
merce a foreign-flag vessel or foreign-flag vessel capacity as
a temporary replacement for a United States-documented vessel
or United States-documented vessel capacity that is activated
by the Secretary of Defense under an Emergency Preparedness
Agreement or under a primary Department of Defense-approved
sealift readiness program; and
‘‘(2) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport preference
cargoes subject to section 2631 of title 10, United States Code,
the Act of March 26, 1934 (46 U.S.C. App. 1241–1), and sections
901(a), 901(b), and 901b of the Merchant Marine Act, 1936
(46 U.S.C. App. 1241(a), 1241(b), and 1241b) to the same extent
as the eligibility of the vessel or vessel capacity replaced.
‘‘(g) REDELIVERY AND LIABILITY OF UNITED STATES FOR DAM-
AGES.—
‘‘(1) IN GENERAL.—All commercial transportation resources
activated under an Emergency Preparedness Agreement shall,
upon termination of the period of activation, be redelivered
to the contractor in the same good order and condition as
when received, less ordinary wear and tear, or the Secretary
of Defense shall fully compensate the contractor for any nec-
essary repair or replacement.
‘‘(2) LIMITATION ON LIABILITY OF U.S.—Except as may be
expressly agreed to in an Emergency Preparedness Agreement,
or as otherwise provided by law, the Government shall not
be liable for disruption of a contractor’s commercial business
or other consequential damages to a contractor arising from
activation of commercial transportation resources under an
Emergency Preparedness Agreement.
‘‘§ 53108. Regulatory relief
‘‘(a) OPERATION IN FOREIGN COMMERCE.—A contractor for a
vessel included in an operating agreement under this chapter may
operate the vessel in the foreign commerce of the United States
without restriction.
‘‘(b) OTHER RESTRICTIONS.—The restrictions of section 901(b)(1)
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b)(1)) con-
cerning the building, rebuilding, or documentation of a vessel in
a foreign country shall not apply to a vessel for any day the
operator of that vessel is receiving payments for operation of that
vessel under an operating agreement under this chapter.
‘‘(c) TELECOMMUNICATIONS
EQUIPMENT.—The telecommuni-
cations and other electronic equipment on an existing vessel that
is redocumented under the laws of the United States for operation
under an operating agreement under this chapter shall be deemed
to satisfy all Federal Communications Commission equipment cer-
tification requirements, if—
‘‘(1) such equipment complies with all applicable inter-
national agreements and associated guidelines as determined
by the country in which the vessel was documented immediately
before becoming documented under the laws of the United
States;
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‘‘(2) that country has not been identified by the Secretary
as inadequately enforcing international regulations as to that
vessel; and
‘‘(3) at the end of its useful life, such equipment will be
replaced with equipment that meets Federal Communications
Commission equipment certification standards.
‘‘§ 53109. Special rule regarding age of participating fleet
vessel
‘‘Any age restriction under section 53102(b)(3) or 53106(c)(3)
shall not apply to a participating fleet vessel during the 30-month
period beginning on the date the vessel begins operating under
an operating agreement under this title, if the Secretary determines
that the contractor for the vessel has entered into an arrangement
to obtain and operate under the operating agreement for the partici-
pating fleet vessel a replacement vessel that, upon commencement
of such operation, will be eligible to be included in the Fleet under
section 53102(b).
‘‘§ 53110. Regulations
‘‘The Secretary and the Secretary of Defense may each prescribe
rules as necessary to carry out their respective responsibilities
under this chapter.
‘‘§ 53111. Authorization of appropriations
‘‘There are authorized to be appropriated for payments under
section 53106, to remain available until expended—
‘‘(1) $156,000,000 for each of fiscal years 2006, 2007, and
2008;
‘‘(2) $174,000,000 for each of fiscal years 2009, 2010, and
2011; and
‘‘(3) $186,000,000 for each fiscal year thereafter through
fiscal year 2015.’’.
(b) CONFORMING AMENDMENT.—The table of subtitles at the
beginning of title 46, United States Code, is amended by inserting
before the item relating to chapter VI the following:
‘‘V. MERCHANT MARINE ...................................................................................53101’’.
SEC. 3532. RELATED AMENDMENTS TO EXISTING LAW.
(a) AMENDMENT TO SHIPPING ACT, 1916.—Section 9 of the Ship-
ping Act, 1916 (46 U.S.C. App. 808) is amended—
(1) by redesignating subsection (e), as added by section
1136(b) of Public Law 104–324 (110 Stat. 3987), as subsection
(f); and
(2) by amending subsection (e), as added by section 6
of Public Law 104–239 (110 Stat. 3132), to read as follows:
‘‘(e) Notwithstanding subsection (c)(2), the Merchant Marine
Act, 1936, or any contract entered into with the Secretary of
Transportation under that Act, a vessel may be placed under a
foreign registry, without approval of the Secretary, if—
‘‘(1)(A) the Secretary, in conjunction with the Secretary
of Defense, determines that at least one replacement vessel
of equal or greater military capability and of a capacity that
is equivalent or greater, as measured by deadweight tons, gross
tons, or container equivalent units, as appropriate, is docu-
mented under chapter 121 of title 46, United States Code,
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PUBLIC LAW 108–136—NOV. 24, 2003
by the owner of the vessel placed under the foreign registry;
and
‘‘(B) the replacement vessel is not more than 10 years
of age on the date of that documentation; or
‘‘(2) an operating agreement covering the vessel under
chapter 531 of title 46, United States Code, has expired.’’.
(b) MERCHANT MARINE ACT, 1936.—Section 512 of the Merchant
Marine Act, 1936 (46 U.S.C. 1162) is amended—
(1) by striking ‘‘Notwithstanding’’ and inserting ‘‘(a) Except
as provided in subsection (b), notwithstanding’’; and
(2) by adding at the end the following:
‘‘(b)(1) Except as provided in paragraph (2), the restrictions
and requirements of section 506 shall terminate upon the expiration
of the 20-year period beginning on the date of the original delivery
of the vessel from the shipyard for operation of a vessel in any
domestic trade in which it has operated at any time since 1996.
‘‘(2) Paragraph (1) shall not affect any requirement to make
payments under section 506.’’.
SEC. 3533. INTERIM RULES.
The Secretary of Transportation and the Secretary of Defense
may each prescribe interim rules necessary to carry out their respec-
tive responsibilities under this subtitle and the amendments made
by this subtitle. For this purpose, the Secretaries are excepted
from compliance with the notice and comment requirements of
section 553 of title 5, United States Code. All interim rules pre-
scribed under the authority of this section that are not earlier
superseded by final rules shall expire no later than 270 days after
the effective date of this subtitle.
SEC. 3534. REPEALS AND CONFORMING AMENDMENTS.
(a) REPEALS.—The following provisions are repealed:
(1) Subtitle B of title VI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1187 et seq.).
(2) Section 804 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1222).
(b) CONFORMING AMENDMENTS.—
(1) Section 12102(d)(4) of title 46, United States Code,
is amended by inserting ‘‘or chapter 531 of title 46, United
States Code’’ after ‘‘Merchant Marine Act, 1936’’.
(2) Section 1137 of Public Law 104–324 (46 U.S.C. App.
1187 note) is amended by striking ‘‘section 651(b) of the Mer-
chant Marine Act, 1936’’ and inserting ‘‘section 53102(b) of
title 46, United States Code’’.
SEC. 3535. GAO STUDY OF ADJUSTMENT OF OPERATING AGREEMENT
PAYMENT CRITERIA.
(a) IN GENERAL.—The Comptroller General of the United States
shall conduct a study of the potential impact of amending section
53106 of title 46, United States Code, as amended by this Act—
(1) to increase or decrease the 7,500 ton limitation;
(2) to apply the limitation to bagged cargo as well as
bulk cargo; and
(3) to so modify the tonnage limitation and apply it to
bagged cargo as well as bulk cargo.
(b) MATTERS TO BE ADDRESSED.—
46 USC app.
1187–1187e.
46 USC 53110
note.
46 USC app.
1162.
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PUBLIC LAW 108–136—NOV. 24, 2003
(1) SPECIFIC IMPACTS.—As part of the study required by
subsection (a), the Comptroller General shall address, in par-
ticular, the impact of such amendments on—
(A) the Maritime Security Fleet established under
chapter 531 of title 46, United States Code, as amended
by this Act;
(B) the civilian bulk cargo preference program under
section 901(a), 901(b), or 901b of such Act (46 U.S.C. App.
1241(a), 1241(b), and 1241f); and
(C) operations of vessels under sections 901a through
901k of such Act (46 U.S.C. App. 1241e through 1241o,
the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)(8)),
or any other statute in pari materia.
(2) CERTAIN ASPECTS.—In carrying out paragraph (1), the
Comptroller General shall consider, among other matters—
(A) increased or decreased costs to the overall cargo
preference program, including transportation costs (for both
land and water transportation);
(B) effects on ports;
(C) the number of shipments that would be affected;
(D) increased or decreased administrative and compli-
ance burdens for carriers and Federal agencies; and
(E) increases or decreases in the number of United
States-flag operators participating in the cargo preference
program.
(3) BALANCING BENEFITS.—In the study, the Comptroller
General shall also address whether and how such amendments
could result in achieving an appropriate balance of benefits
between participants in the Maritime Security Fleet program
and participants in the cargo preference program.
(c) REPORT.—The Comptroller General shall transmit a report
of the study, including findings, conclusions, and recommendations
(including legislative recommendations, if any), to the Committee
on Armed Services of the House of Representatives and the Com-
mittee on Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate within 9 months after
the date of the enactment of this Act.
(d) AUTHORITY.—In order to conduct the study required by
subsection (a), the Comptroller General, or any of the Comptroller
General’s duly authorized representatives, shall have access to any
books, accounts, documents, papers, and records that relate to the
information required to complete the study of owners or operators
of vessels—
(1) under operating agreements under subtitle B of title
VI of the Merchant Marine Act, 1936 (46 U.S.C. App. 651
et seq.) or chapter 531 of title 46, United States Code, as
amended by this Act; and
(2) that accept bulk cargo subject to the cargo preference
laws of the United States.
SEC. 3536. DEFINITIONS.
In this subtitle, the definitions set forth in section 53101 of
title 46, United States Code, as amended by this Act, shall apply.
SEC. 3537. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsections (b) and
(c), this subtitle shall take effect October 1, 2004.
46 USC 53101
note.
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(b) REPEALS
AND CONFORMING AMENDMENTS.—Section 3534
shall take effect October 1, 2005.
(c) OTHER PROVISIONS.—Sections 3533, 3535, and this section
shall take effect on the date of the enactment of this Act.
Subtitle D—National Defense Tank Vessel
Construction Assistance
SEC. 3541. NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PRO-
GRAM.
The Secretary of Transportation shall establish a program for
the provision of financial assistance for the construction in the
United States of a fleet of up to 5 privately owned product tank
vessels—
(1) to be operated in commercial service in foreign com-
merce; and
(2) to be available for national defense purposes in time
of war or national emergency pursuant to an Emergency
Preparedness Plan approved by the Secretary of Defense pursu-
ant to section 3543(e).
SEC. 3542. APPLICATION PROCEDURE.
(a) REQUEST FOR PROPOSALS.—Within 90 days after the date
of the enactment of this subtitle, and on an as-needed basis there-
after, the Secretary, in consultation with the Secretary of Defense,
shall publish in the Federal Register a request for competitive
proposals for the construction of new product tank vessels necessary
to meet the commercial and national security needs of the United
States and to be built with assistance under this subtitle.
(b) QUALIFICATION.—Any citizen of the United States or any
shipyard in the United States may submit a proposal to the Sec-
retary of Transportation for purposes of constructing a product
tank vessel with assistance under this subtitle.
(c) REQUIREMENT.—The Secretary, with the concurrence of the
Secretary of Defense, may enter into an agreement with the sub-
mitter of a proposal for assistance under this subtitle if the Sec-
retary determines that—
(1) the plans and specifications call for construction of
a new product tank vessel of not less than 35,000 deadweight
tons and not greater than 60,000 deadweight tons, that—
(A) will meet the requirements of foreign commerce;
(B) is capable of carrying militarily useful petroleum
products, and will be suitable for national defense or mili-
tary purposes in time of war, national emergency, or other
military contingency; and
(C) will meet the construction standards necessary to
be documented under the laws of the United States;
(2) the shipyard in which the vessel will be constructed
has the necessary capacity and expertise to successfully con-
struct the proposed number and type of product tank vessels
in a reasonable period of time as determined by the Secretary
of Transportation, taking into consideration the recent prior
commercial shipbuilding history of the proposed shipyard in
delivering a vessel or series of vessels on time and in accordance
with the contract price and specifications; and
46 USC 53101
note.
Establishment.
46 USC 53101
note.
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(3) the person proposed to be the operator of the proposed
vessel possesses the ability, experience, financial resources, and
any other qualifications determined to be necessary by the
Secretary for the operation and maintenance of the vessel.
(d) PRIORITY.—The Secretary—
(1) subject to paragraph (2), shall give priority consideration
to a proposal submitted by a person that is a citizen of the
United States under section 2 of the Shipping Act, 1916 (46
U.S.C. App. 802); and
(2) may give priority to consideration of proposals that
provide the best value to the Government, taking into
consideration—
(A) the costs of vessel construction; and
(B) the commercial and national security needs of the
United States.
SEC. 3543. AWARD OF ASSISTANCE.
(a) IN GENERAL.—If after review of a proposal, the Secretary
determines that the proposal fulfills the requirements under this
subtitle, the Secretary may enter into a contract with the proposed
purchaser and the proposed shipyard for the construction of a
product tank vessel with assistance under this subtitle.
(b) AMOUNT OF ASSISTANCE.—The contract shall provide that
the Secretary shall pay, subject to the availability of appropriations,
up to 75 percent of the actual construction cost of the vessel,
but in no case more than $50,000,000 per vessel.
(c) CONSTRUCTION IN UNITED STATES.—A contract under this
section shall require that construction of a vessel with assistance
under this subtitle shall be performed in a shipyard in the United
States.
(d) DOCUMENTATION OF VESSEL.—
(1) CONTRACT REQUIREMENT.—A contract under this section
shall require that, upon delivery of a vessel constructed with
assistance under the contract, the vessel shall be documented
under chapter 121 of title 46, United States Code, with a
registry endorsement only.
(2) RESTRICTION ON COASTWISE ENDORSEMENT.—A vessel
constructed with assistance under this subtitle shall not be
eligible for a certificate of documentation with a coastwise
endorsement.
(3) AUTHORITY TO REFLAG NOT APPLICABLE.—Section 9(g)
of the Shipping Act, 1916, (46 U.S.C. App. 808(g)) shall not
apply to a vessel constructed with assistance under this subtitle.
(e) EMERGENCY PREPAREDNESS AGREEMENT.—
(1) IN GENERAL.—A contract under this section shall require
that the person who will be the operator of a vessel constructed
with assistance under the contract shall enter into an Emer-
gency Preparedness Agreement for the vessel under section
53107 of title 46, United States Code, as amended by this
Act.
(2) TREATMENT
AS
CONTRACTOR.—For purposes of the
application, under paragraph (1), of section 53107 of title 46,
United States Code, to a vessel constructed with assistance
under this subtitle, the term ‘‘contractor’’ as used in that section
means the person who will be the operator of a vessel con-
structed with assistance under this subtitle.
46 USC 53101
note.
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117 STAT. 1822
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(f) ADDITIONAL TERMS.—The Secretary shall incorporate in the
contract the requirements set forth in this subtitle, and may incor-
porate in the contract any additional terms the Secretary considers
necessary.
SEC. 3544. PRIORITY FOR TITLE XI ASSISTANCE.
Section 1103 of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1273) is amended by adding at the end the following:
‘‘(i) PRIORITY.—In guaranteeing and entering commitments to
guarantee under this section, the Secretary shall give priority to
guarantees and commitments for vessels that are otherwise eligible
for a guarantee under this section and that are constructed with
assistance under subtitle D of the Maritime Security Act of 2003.’’.
SEC. 3545. DEFINITIONS.
In this subtitle the definitions set forth in section 53101 of
title 46, United States Code, as amended by this Act, shall apply.
SEC. 3546. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this subtitle a total of $250,000,000 for fiscal years after
fiscal year 2004.
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. 3601. SHORT TITLE.
This title may be cited as the ‘‘Nuclear Security Initiative
Act of 2003’’.
22 USC 5951
note.
Nuclear Security
Initiative Act of
2003.
46 USC 53101
note.
46 USC 53101
note.
46 USC 53101
note.
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117 STAT. 1823
PUBLIC LAW 108–136—NOV. 24, 2003
Subtitle A—Administration and Oversight
of Threat Reduction and Nonprolifera-
tion Programs
SEC. 3611. MANAGEMENT ASSESSMENT OF DEPARTMENT OF DEFENSE
AND DEPARTMENT OF ENERGY THREAT REDUCTION AND
NONPROLIFERATION PROGRAMS.
(a) GAO ASSESSMENT REQUIRED.—The Comptroller General
shall carry out an assessment of the management of the threat
reduction and nonproliferation programs of the Department of
Defense and the Department of Energy. The matters assessed shall
include—
(1) the effectiveness of the overall strategy used for man-
aging such programs;
(2) the basis used to allocate the missions of such programs
among the executive departments and agencies;
(3) the criteria used to assess the effectiveness of such
programs;
(4) the strategy and process used to establish priorities
for activities carried out under such programs, including the
analysis of risks and benefits used in determining how best
to allocate the funds made available for such programs;
(5) the mechanisms used to coordinate the activities carried
out under such programs by the executive departments and
agencies so as to ensure efficient execution and avoid duplica-
tion of effort; and
(6) the management controls used in carrying out such
programs and the effect of such controls on the execution of
such programs.
(b) CONSIDERATIONS.—In carrying out the assessment required
by subsection (a), the Comptroller General shall take into account—
(1) the national security interests of the United States;
and
(2) the need for accountability in expenditure of funds
by the United States.
(c) REPORT.—Not later than May 1, 2004, the Comptroller Gen-
eral shall submit a report on the assessment required by subsection
(a) to the Committee on Armed Services of the House of Representa-
tives and the Committee on Armed Services of the Senate.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘threat reduction and nonproliferation pro-
grams of the Department of Defense and the Department of
Energy’’ means—
(A) the programs 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);
and
(B) any programs for which funds are made available
under the defense nuclear nonproliferation account of the
Department of Energy.
(2) The term ‘‘management controls’’ means any accounting,
oversight, or other measure intended to ensure that programs
are executed consistent with—
(A) programmatic objectives as stated in budget jus-
tification materials submitted to Congress (as submitted
Deadline.
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117 STAT. 1824
PUBLIC LAW 108–136—NOV. 24, 2003
with the budget of the President under section 1105(a)
of title 31, United States Code); and
(B) any restrictions related to such objectives as are
imposed by law.
Subtitle B—Relations Between the United
States and Russia
SEC. 3621. COMPREHENSIVE INVENTORY OF RUSSIAN TACTICAL
NUCLEAR WEAPONS.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the United States should, to the extent the President considers
prudent, seek to work with the Russian Federation to develop
a comprehensive inventory of Russian tactical nuclear weapons.
(b) REPORT.—Not later than 12 months after the date of the
enactment of this Act, the President shall submit to Congress
a report, in both classified and unclassified form as necessary,
describing the progress that has been made toward creating such
an inventory.
SEC. 3622. ESTABLISHMENT OF INTERPARLIAMENTARY THREAT
REDUCTION WORKING GROUP.
(a) ESTABLISHMENT
OF WORKING GROUP.—There is hereby
established a working group to be known as the ‘‘Threat Reduction
Working Group’’ as an interparliamentary group of the Congress
of the United States and the legislature of the Russian Federation.
(b) PURPOSE OF WORKING GROUP.—The purpose of the working
group established by subsection (a) shall be to explore means to
enhance cooperation between the United States and the Russian
Federation with respect to nuclear nonproliferation and security
and such other issues related to reducing the dangers of weapons
of mass destruction as the members of the working group consider
appropriate.
(c) MEMBERSHIP.—(1) The majority leader of the Senate, after
consultation with the minority leader of the Senate, shall appoint
not more than 10 Senators to the working group established by
subsection (a).
(2) The Speaker of the House of Representatives, after consulta-
tion with the minority leader of the House of Representatives,
shall appoint not more than 30 Members of the House to the
working group.
SEC. 3623. SENSE OF CONGRESS ON COOPERATION BY UNITED STATES
AND 
NATO 
WITH 
RUSSIA 
ON 
BALLISTIC 
MISSILE
DEFENSES.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the President should, in conjunction with the North Atlantic Treaty
Organization, encourage appropriate cooperative relationships
between the Russian Federation and the United States and North
Atlantic Treaty Organization with respect to the development and
deployment of ballistic missile defenses.
(b) REPORT TO CONGRESS.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
transmit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a report (in unclassified or classified form as necessary) on the
Deadline.
22 USC 1928
note.
22 USC 5951
note.
Deadline.
22 USC 5959
note.
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117 STAT. 1825
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feasibility of increasing cooperation between the Russian Federation
and the United States and the North Atlantic Treaty Organization
on the subject of ballistic missile defense. The report shall include—
(1) the recommendations of the Secretary;
(2) a description of the threat such cooperation is intended
to address; and
(3) an assessment of possible benefits to ballistic missile
defense programs of the United States.
SEC. 3624. SENSE OF CONGRESS ON ENHANCED COLLABORATION TO
ACHIEVE MORE RELIABLE RUSSIAN EARLY WARNING
SYSTEMS.
It is the sense of Congress that the President, to the extent
consistent with the national security interests of the United States,
should—
(1) encourage joint efforts by the United States and the
Russian Federation to reduce the probability of accidental
nuclear attack as a result of misinformation or miscalculation
by developing the capabilities and increasing the reliability
of Russian ballistic missile early-warning systems;
(2) encourage the development of joint programs by the
United States and the Russian Federation to ensure that the
Russian Federation has reliable information regarding launches
of ballistic missiles anywhere in the world; and
(3) pending the execution of a new agreement between
the United States and the Russian Federation providing for
the conduct of the Russian-American Observation Satellite
(RAMOS) program, ensure that funds appropriated for that
program for fiscal year 2004 are obligated and expended in
a manner that provides for the satisfactory continuation of
that program.
Subtitle C—Other Matters
SEC. 3631. PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIO-
LOGICAL SECURITY AND SAFETY BETWEEN THE INTER-
NATIONAL 
ATOMIC 
ENERGY 
AGENCY 
AND 
THE
ORGANIZATION FOR ECONOMIC COOPERATION AND
DEVELOPMENT.
(a) SENSE OF CONGRESS REGARDING INITIATION OF DIALOGUE
BETWEEN THE IAEA AND THE OECD.—It is the sense of Congress
that—
(1) the United States should seek to initiate discussions
between the International Atomic Energy Agency and the
Organization for Economic Cooperation and Development for
the purpose of exploring issues of nuclear and radiological
security and safety, including the creation of new sources of
revenue (including debt reduction) for states to provide nuclear
security; and
(2) the discussions referred to in paragraph (1) should
also provide a forum to explore possible sources of funds in
support of the G–8 Global Partnership Against the Spread
of Weapons and Materials of Mass Destruction.
(b) CONTINGENT REPORT.—(1) Except as provided in paragraph
(2), the President shall, not later than 12 months after the date
of the enactment of this Act, submit to Congress a report on—
President.
Deadline.
22 USC 6321
note.
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117 STAT. 1826
PUBLIC LAW 108–136—NOV. 24, 2003
LEGISLATIVE HISTORY—H.R. 1588 (S. 1047) (S. 1050):
HOUSE REPORTS: Nos. 108–106 and Pt. 2 (both from Comm. on Armed Services)
and 108–354 (Comm. of Conference).
SENATE REPORTS: No. 108–46 accompanying S. 1050 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 149 (2003):
May 21, 22, considered and passed House.
June 4, considered and passed Senate, amended.
Nov. 7, House agreed to conference report.
Nov. 12, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Nov. 24, Presidential remarks and statement.
(A) the efforts made by the United States to initiate the
discussions described in subsection (a);
(B) the results of those efforts; and
(C) any plans for further discussions and the purposes
of such discussions.
(2) Paragraph (1) shall not apply if no efforts referred to in
paragraph (1)(A) have been made.
Approved November 24, 2003.
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