[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1588 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
June 4, 2003.
Resolved, That the bill from the House of Representatives (H.R.
1588) entitled ``An Act to authorize appropriations for fiscal year
2004 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Forces, and for other purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical agents and munitions destruction, Defense.
Sec. 107. Defense health programs.
Sec. 108. Reduction in authorization.
Subtitle B--Army Programs
Sec. 111. CH-47 helicopter program.
Sec. 112. Rapid infusion pumps.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Navy programs.
Sec. 122. Pilot program for flexible funding of naval vessel
conversions and overhauls.
Subtitle D--Air Force Programs
Sec. 131. Elimination of quantity limitations on multiyear procurement.
authority for C-130J aircraft.
Sec. 132. B-1B Bomber aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Sec. 203. Defense Inspector General.
Sec. 204. Defense health programs.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Prohibition on transfer of certain programs outside the
Office of the Secretary of Defense.
Sec. 212. Objective force indirect fires program.
Sec. 213. Amount for Joint Engineering Data Management Information and
Control System
Sec. 214. Human tissue engineering.
Sec. 215. Non-thermal imaging systems.
Sec. 216. Magnetic levitation.
Sec. 217. Composite sail test articles.
Sec. 218. Portable Mobile Emergency Broadband Systems.
Sec. 219. Boron energy cell technology.
Sec. 220. Modification of program element of short range air defense
radar program of the Army.
Sec. 221. Amount for network centric operations.
Subtitle C--Ballistic Missile Defense
Sec. 221. Fielding of ballistic missile defense capabilities.
Sec. 222. Repeal of requirement for certain program elements for
Missile Defense Agency activities.
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 impacted by
ballistic missile defense system test bed.
Sec. 225. Requirement for specific authorization of Congress for
design, development, or deployment of hit-
to-kill ballistic missile interceptors.
Sec. 226. Prohibition on use of funds for nuclear armed interceptors in
missile defense systems.
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 high-speed network-centric and
bandwidth expansion program.
Sec. 235. Department of Defense strategy for management of
electromagnetic spectrum.
Sec. 236. Amount for Collaborative Information Warfare Network.
Sec. 237. Coproduction of Arrow ballistic missile defense system.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Emergency and morale communications programs.
Sec. 312. Commercial imagery industrial base.
Sec. 313. Information operations sustainment for land forces readiness
of Army Reserve.
Sec. 314. Submittal of survey on perchlorate contamination at
Department of Defense sites.
Subtitle C--Environmental Provisions
Sec. 321. General definitions applicable to facilities and operations.
Sec. 322. Military readiness and conservation of protected species.
Sec. 323. Arctic and Western Pacific Environmental Technology
Cooperation Program.
Sec. 324. Participation in wetland mitigation banks in connection with
military construction projects.
Sec. 325. Extension of authority to use environmental restoration
account funds for relocation of a
contaminated facility.
Sec. 326. Applicability of certain procedural and administrative
requirements to restoration advisory
boards.
Sec. 327. Expansion of authorities on use of vessels stricken from the
Naval Vessel Register for experimental
purposes.
Sec. 328. Transfer of vessels stricken from the Naval Vessel Register
for use as artificial reefs.
Sec. 329. Salvage facilities.
Sec. 330. Task force on resolution of conflict between military
training and endangered species protection
at Barry M. Goldwater Range, Arizona.
Sec. 331. Public health assessment of exposure to perchlorate.
Subtitle D--Reimbursement Authorities
Sec. 341. Reimbursement of reserve component military personnel
accounts for personnel costs of special
operations reserve component personnel
engaged in landmines clearance.
Sec. 342. Reimbursement of reserve component accounts for costs of
intelligence activities support provided by
reserve component personnel.
Sec. 343. Reimbursement rate for services provided to the Department of
State.
Subtitle E--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 352. Impact aid for children with severe disabilities.
Subtitle F--Other Matters
Sec. 361. Sale of Defense Information Systems Agency services to
contractors performing the Navy-Marine
Corps Intranet contract.
Sec. 362. Use of the Defense Modernization Account for life cycle cost
reduction initiatives.
Sec. 363. Exemption of certain firefighting service contracts from
prohibition on contracts for performance of
firefighting functions.
Sec. 364. Technical amendment relating to termination of Sacramento
Army Depot, Sacramento, California.
Sec. 365. Exception to competition requirement for workloads previously
performed by depot-level activities.
Sec. 366. Support for transfers of decommissioned vessels and shipboard
equipment.
Sec. 367. Aircraft for performance of aerial refueling mission.
Sec. 368. Contracting with employers of persons with disabilities.
Sec. 369. Repeal of calendar year limitations on use of commissary
stores by certain Reserves and others.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Increased maximum percentage of general and flag officers on
active duty authorized to be serving in
grades above Brigadier General and Rear
Admiral (lower half).
Sec. 403. Extension of certain authorities relating to management of
numbers of general and flag officers in
certain grades.
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.
Subtitle C--Other Matters Relating to Personnel Strengths
Sec. 421. Revision of personnel strength authorization and accounting
process.
Sec. 422. Exclusion of recalled retired members from certain strength
limitations during period of war or
national emergency.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Retention of health professions officers to fulfill active
duty service obligations following failure
of selection for promotion.
Sec. 502. Eligibility for appointment as Chief of Army Veterinary
Corps.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Expanded authority for use of Ready Reserve in response to
terrorism.
Sec. 512. Streamlined process for continuing officers on the Reserve
Active-status list.
Sec. 513. National Guard officers on active duty in command of National
Guard units.
Subtitle C--Revision of Retirement Authorities
Sec. 521. Permanent authority to reduce three-year time-in-grade
requirement for retirement in grade for
officers in grades above Major and
Lieutenant Commander.
Subtitle D--Education and Training
Sec. 531. Increased flexibility for management of senior level
education and post-education assignments.
Sec. 532. Expanded educational assistance authority for cadets and
midshipmen receiving ROTC scholarships.
Sec. 533. Eligibility and cost reimbursement requirements for personnel
to receive instruction at the Naval
Postgraduate School.
Sec. 534. Actions to address sexual misconduct at the service
academies.
Sec. 535. Funding of education assistance enlistment incentives to
facilitate national service through
Department of Defense Education Benefits
Fund.
Subtitle E--Military Justice
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 Uniform Code of Military Justice
of drunken operation of a vehicle,
aircraft, or vessel.
Subtitle F--Other Matters
Sec. 561. High-tempo personnel management and allowance.
Sec. 562. Alternate initial military service obligation for persons
accessed under direct entry program.
Sec. 563. Policy on concurrent deployment to combat zones of both
military spouses of military families with
minor children.
Sec. 564. Enhancement of voting rights of members of the uniformed
services.
Sec. 565. Certain travel and transportation allowances for dependents
of members of the Amed Frces who have
committed dependent abuse.
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 enlisted or warrant officer service.
Sec. 604. Pilot program of monthly subsistence allowance for non-
scholarship Senior ROTC members committing
to continue ROTC participation as
sophomores.
Sec. 605. Basic allowance for housing for each member married to
another member without dependents when both
spouses are on sea duty.
Sec. 606. Increased rate 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 Reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care
professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Special pay for reserve officers holding positions of unusual
responsibility and of critical nature.
Sec. 616. Assignment incentive pay for service in Korea.
Sec. 617. Increased maximum amount of reenlistment bonus for active
members.
Sec. 618. Payment of Selected Reserve reenlistment bonus to members of
Selected Reserve who are mobilized.
Sec. 619. Increased rate of hostile fire and imminent danger special
pay.
Sec. 620. Availability of hostile fire and imminent danger special pay
for reserve component members on inactive
duty.
Sec. 621. Expansion of overseas tour extension incentive program to
officers.
Sec. 622. Eligibility of warrant officers for accession bonus for new
officers in critical skills.
Sec. 623. Incentive bonus for conversion to military occupational
specialty to ease personnel shortage.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Shipment of privately owned motor vehicle within continental
United States.
Sec. 632. Payment or reimbursement of student baggage storage costs for
dependent children of members stationed
overseas.
Sec. 633. Contracts for full replacement value for loss or damage to
personal property transported at Government
expense.
Sec. 634. Transportation of dependents to presence of members of the
Armed Forces who are retired for illness or
injury incurred in active duty.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Special rule for computation of retired pay base for
commanders of combatant commands.
Sec. 642. 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.
Sec. 643. Increase in death gratuity payable with respect to deceased
members of the Armed Forces.
Sec. 644. Full payment of both retired pay and compensation to disabled
military retirees.
Subtitle E--Other Matters
Sec. 651. Retention of accumulated leave.
Sec. 652. GAO study.
Subtitle F--Naturalization and Family Protection for Military Members
Sec. 661. Short title.
Sec. 662. Requirements for naturalization through service in the Armed
Forces of the United States.
Sec. 663. Naturalization benefits for members of the Selected Reserve
of the Ready Reserve.
Sec. 664. Extension of posthumous benefits to surviving spouses,
children, and parents.
Sec. 665. Effective date.
TITLE VII--HEALTH CARE
Sec. 701. Medical and dental screening for members of Selected Reserve
units alerted for mobilization.
Sec. 702. TRICARE beneficiary counseling and assistance coordinators
for Reserve component beneficiaries.
Sec. 703. Extension of authority to enter into personal services
contracts for health care services to be
performed at locations outside medical
treatment facilities.
Sec. 704. Department of Defense Medicare-Eligible Retiree Health Care
Fund valuations and contributions.
Sec. 705. Surveys on continued viability of TRICARE standard.
Sec. 706. Elimination of limitation on covered beneficiaries'
eligibility to receive health care services
from former Public Health Service treatment
facilities.
Sec. 707. Modification of structure and duties of Department of
Veterans Affairs-Department of Defense
Health Executive Committee.
Sec. 708. Eligibility of reserve officers for health care pending
orders to active duty following
commissioning.
Sec. 709. Reimbursement of covered beneficiaries for certain travel
expenses relating to specialized dental
care.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Temporary emergency procurement authority to facilitate
defense against or recovery from terrorism
or nuclear, biological, chemical, or
radiological attack.
Sec. 802. Special temporary contract closeout authority.
Sec. 803. Defense acquisition program management for use of radio
frequency spectrum.
Sec. 804. National Security Agency Modernization Program.
Sec. 805. Quality control in procurement of aviation critical safety
items and related services.
Subtitle B--Procurement of Services
Sec. 811. Expansion and extension of incentive for use of performance-
based contracts in procurements of
services.
Sec. 812. Public-private competitions for the performance of Department
of Defense functions.
Sec. 813. Authority to enter into personal services contracts.
Subtitle C--Major Defense Acquisition Programs
Sec. 821. Certain weapons-related prototype projects.
Sec. 822. Applicability of Clinger-Cohen Act policies and requirements
to equipment integral to a weapon or weapon
system.
Sec. 823. Applicability of requirement for reports on maturity of
technology at initiation of major defense
acquisition programs.
Subtitle D--Domestic Source Requirements
Sec. 831. Exceptions to Berry amendment for contingency operations and
other urgent situations.
Sec. 832. Inapplicability of Berry amendment to procurements of waste
and byproducts of cotton and wool fiber for
use in the production of propellants and
explosives.
Sec. 833. Waiver authority for domestic source or content requirements.
Sec. 834. Buy American exception for ball bearings and roller bearings
used in foreign products.
Subtitle E--Defense Acquisition and Support Workforce
Sec. 841. Flexibility for management of the defense acquisition and
support workforce.
Sec. 842. Limitation and reinvestment authority relating to reduction
of the defense acquisition and support
workforce.
Sec. 843. Clarification and revision of authority for demonstration
project relating to certain acquisition
personnel management policies and
procedures.
Subtitle F--Federal Support for Procurement of Anti-Terrorism
Technologies and Services by State and Local Governments
Sec. 851. Application of indemnification authority to State and local
government contractors.
Sec. 852. Federal support for enhancement of State and local anti-
terrorism response capabilities.
Sec. 853. Definitions.
Subtitle G--General Contracting Authorities, Procedures, and
Limitations, and Other Matters
Sec. 861. Limited acquisition authority for Commander of United States
Joint Forces Command.
Sec. 862. Operational test and evaluation.
Sec. 863. Multiyear task and delivery order contracts.
Sec. 864. Repeal of requirement for contractor assurances regarding the
completeness, accuracy, and contractual
sufficiency of technical data provided by
the contractor.
Sec. 865. Reestablishment of authority for short-term leases of real or
personal property across fiscal years.
Sec. 866. consolidation of contract requirements.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department Officers and Agencies
Sec. 901. Clarification of responsibility of military departments to
support combatant commands.
Sec. 902. Redesignation of National Imagery and Mapping Agency as
National Geospatial-Intelligence Agency.
Sec. 903. Standards of conduct for members of the Defense Policy Board
and the Defense Science Board.
Subtitle B--Space Activities
Sec. 911. Coordination of space science and technology activities of
the Department of Defense.
Sec. 912. Space personnel cadre.
Sec. 913. Policy regarding assured access to space for United States
national security payloads.
Sec. 914. Pilot program to provide space surveillance network services
to entities outside the United States
Government.
Sec. 915. Content of biennial Global Positioning System report.
Subtitle C--Other Matters
Sec. 921. Combatant Commander Initiative Fund.
Sec. 922. Authority for the Marine Corps University to award the degree
of master of operational studies.
Sec. 923. Report on changing roles of United States Special Operations
Command.
Sec. 924. Integration of Defense intelligence, surveillance, and
reconnaissance capabilities.
Sec. 925. Establishment of the National Guard of the Northern Mariana
Islands.
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.
Subtitle B--Improvement of Travel Card Management
Sec. 1011. Mandatory disbursement of travel allowances directly to
travel card creditors.
Sec. 1012. Determinations of creditworthiness for issuance of Defense
travel card.
Sec. 1013. Disciplinary actions and assessing penalties for misuse of
Defense travel cards.
Subtitle C--Reports
Sec. 1021. Elimination and revision of various reporting requirements
applicable to the Department of Defense.
Sec. 1022. Global strike plan.
Sec. 1023. Report on the conduct of Operation Iraqi Freedom.
Sec. 1024. Report on mobilization of the reserves.
Sec. 1025. Study of beryllium industrial base.
Subtitle D--Other Matters
Sec. 1031. Blue forces tracking initiative.
Sec. 1032. Loan, donation, or exchange of obsolete or surplus property.
Sec. 1033. Acceptance of gifts and donations.
Sec. 1034. Provision of living quarters for certain students working at
National Security Agency laboratory.
Sec. 1035. Protection of operational files of the National Security
Agency.
Sec. 1036. Transfer of administration of National Security Education
Program to Director of Central
Intelligence.
Sec. 1037. Report on use of unmanned aerial vehicles for support of
homeland security missions.
Sec. 1038. Conveyance of surplus T-37 aircraft to Air Force Aviation
Heritage Foundation, Incorporated.
Sec. 1039. Sense of Senate on reward for information leading to
resolution of status of members of the
Armed Forces who remain missing in action.
Sec. 1040. Advanced shipbuilding enterprise.
Sec. 1041. Air fares for members of Armed Forces.
Sec. 1042. Sense of Senate on deployment of airborne chemical agent
monitoring systems at chemical stockpile
disposal sites in the united states.
Sec. 1043. Federal assistance for State programs under the National
Guard Challenge Program.
Sec. 1044. Sense of Senate on reconsideration of decision to terminate
border seaport inspection duties of
National Guard under National Guard drug
interdiction and counter-drug mission.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Sec. 1101. Authority to employ civilian faculty members at the Western
Hemisphere Institute for Security
Cooperation.
Sec. 1102. Pay authority for critical positions.
Sec. 1103. Extension, expansion, and revision of authority for
experimental personnel program for
scientific and technical personnel.
Sec. 1104. Transfer of personnel investigative functions and related
personnel of the Department of Defense.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Authority to use funds for payment of costs of attendance of
foreign visitors under Regional Defense
Counterterrorism Fellowship Program.
Sec. 1202. Availability of funds to recognize superior noncombat
achievements or performance of members of
friendly foreign forces and other foreign
nationals.
Sec. 1203. Check cashing and exchange transactions for foreign
personnel in alliance or coalition forces.
Sec. 1204. Clarification and extension of authority to provide
assistance for international
nonproliferation activities.
Sec. 1205. Reimbursable costs relating to national security controls on
satellite export licensing.
Sec. 1206. Annual report on the NATO Prague capabilities commitment and
the NATO Response Force.
Sec. 1207. Expansion and extension of authority to provide additional
support for counter-drug activities.
Sec. 1208. Use of funds for unified counterdrug and counterterrorism
campaign in Colombia.
Sec. 1209. Competitive award of contracts for Iraqi reconstruction.
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. Annual certifications on use of facilities being constructed
for Cooperative Threat Reduction projects
or activities.
Sec. 1304. Authority to use Cooperative Threat Reduction funds outside
the former Soviet Union.
Sec. 1305. One-year extension of inapplicability of certain conditions
on use of funds for chemical weapons
destruction.
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 of authority to carry out certain fiscal year
2003 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2003 projects.
Sec. 2107. Modification of authority to carry out certain fiscal year
2002 project.
Sec. 2108. Modification of authority to carry out certain fiscal year
2001 project.
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 project.
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. Modification of fiscal year 2003 authority relating to
improvement of military family housing
units.
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. Modification of authority to carry out certain fiscal year
2003 project.
Sec. 2407. Modification 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.
Sec. 2704. Effective date.
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 number of family housing units in Italy
authorized for lease by the Navy.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in threshold for reports to Congress on real
property transactions.
Sec. 2812. Acceptance of in-kind consideration for easements.
Sec. 2813. Expansion to military unaccompanied housing of authority to
transfer property at military installations
to be closed in exchange for military
housing.
Sec. 2814. Exemption from screening and use requirements under
McKinney-Vento Homeless Assistance Act of
Department of Defense property in emergency
support of homeland security.
Subtitle C--Land Conveyances
Sec. 2821. Transfer of land at Fort Campbell, Kentucky and Tennessee.
Sec. 2822. Land conveyance, Fort Knox, Kentucky.
Sec. 2823. Land conveyance, Marine Corps Logistics Base, Albany,
Georgia.
Sec. 2824. Land conveyance, Air Force and Army Exchange Service
property, Dallas, Texas.
Sec. 2825. Land exchange, Naval and Marine Corps Reserve Center,
Portland Oregon.
Sec. 2826. Land conveyance, Fort Ritchie, Maryland.
Sec. 2827. Feasibility study of conveyance of Louisiana Army Ammunition
Plant, Doyline, Louisiana.
Subtitle D--Review of Overseas Military Facility Structure
Sec. 2841. Short title.
Sec. 2842. Establishment of Commission.
Sec. 2843. Duties of Commission.
Sec. 2844. Powers of Commission.
Sec. 2845. Commission personnel matters.
Sec. 2846. Security.
Sec. 2847. Termination of Commission.
Sec. 2848. Funding.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense energy supply.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Repeal of prohibition on research and development of low-
yield nuclear weapons.
Sec. 3132. Readiness posture for resumption by the United States of
underground nuclear weapons tests.
Sec. 3133. Technical base and facilities maintenance and
recapitalization activities.
Sec. 3134. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3135. 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. 3141. Expansion of International Materials Protection, Control,
and Accounting program.
Sec. 3142. Semi-annual financial reports on Defense Nuclear
Nonproliferation program.
Sec. 3143. Report on reduction of excessive uncosted balances for
defense nuclear nonproliferation
activities.
Subtitle D--Other Matters
Sec. 3151. Modification of authorities on Department of Energy
personnel security investigations.
Sec. 3152. Responsibilities of Environmental Management program and
National Nuclear Security Administration of
Department of Energy for environmental
cleanup, decontamination and
decommissioning, and waste management.
Sec. 3153. Update of report on stockpile stewardship criteria.
Sec. 3154. Progress reports on Energy Employees Occupational Illness
Compensation Program.
Sec. 3155. Study on the application of technology from the Robust
Nuclear Earth Penetrator Program to
Conventional Hard and Deeply Buried Target
Weapons Development Programs.
Subtitle E--Consolidation of General Provisions on Department of Energy
National Security Programs
Sec. 3161. Consolidation and assembly of recurring and general
provisions on Department of Energy national
security programs.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
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
(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.
Funds are hereby authorized to be appropriated for fiscal year 2004
for procurement for the Army as follows:
(1) For aircraft, $2,158,485,000.
(2) For missiles, $1,553,462,000.
(3) For weapons and tracked combat vehicles,
$1,658,504,000.
(4) For ammunition, $1,363,305,000.
(5) For other procurement, $4,266,027,000.
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, $8,996,948,000.
(2) For weapons, including missiles and torpedoes,
$2,046,821,000.
(3) For shipbuilding and conversion, $11,707,984,000.
(4) For other procurement, $4,744,443,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2004 for procurement for the Marine Corps in the amount
of $1,089,599,000.
(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, $12,082,760,000.
(2) For ammunition, $1,284,725,000.
(3) For missiles, $4,394,439,000.
(4) For other procurement, $11,630,659,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2004
for Defense-wide procurement in the amount of $3,884,106,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2004
for procurement for the Inspector General of the Department of Defense
in the amount of $2,100,000.
SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
There is hereby authorized to be appropriated for the Office of the
Secretary of Defense for fiscal year 2004 the amount of $1,530,261,000
for--
(1) 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
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2004
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $327,826,000.
SEC. 108. REDUCTION IN AUTHORIZATION.1
The total amount authorized to be appropriated under section 104 is
hereby reduced by $3,300,000, with $2,100,000 of the reduction to be
allocated to Special Operations Forces rotary upgrades and $1,200,000
to be allocated to Special Operations Forces operational enhancements.
Subtitle B--Army Programs
SEC. 111. CH-47 HELICOPTER PROGRAM.
(a) Requirement for Study.--The Secretary of the Army shall study
the feasibility and the costs and benefits of providing for the
participation of a second source in the production of gears for the
helicopter transmissions incorporated into CH-47 helicopters being
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 a report on the results of the
study to Congress.
SEC. 112. RAPID INFUSION PUMPS.
(a) Availability of Funds.--(1) Of the amount authorized to be
appropriated by section 101(5) for other procurement, Army, $2,000,000
may be available for medical equipment for the procurement of rapid
infusion (IV) pumps.
(2) The total amount authorized to be appropriated under section
101(5) is hereby increased by $2,000,000.
(b) Offset.--Of the amount authorized to be appropriated by section
301(1) for operation and maintenance, Army, the amount available is
hereby reduced by $2,000,000.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR NAVY PROGRAMS.
(a) Authority.--Beginning with the fiscal year 2004 program year,
the Secretary of the Navy may, in accordance with section 2306b of
title 10, United States Code, enter into a multiyear contract for
procurement for the following programs:
(1) The F/A-18 aircraft program.
(2) The E-2C aircraft program.
(3) The Tactical Tomahawk Cruise Missile program, subject
to subsection (b).
(4) The Virginia class submarine, subject to subsection
(c).
(5) The Phalanx Close In Weapon System program, Block 1B.
(b) Tactical Tomahawk Cruise Missiles.--The Secretary may not enter
into a multiyear contract for the procurement of Tactical Tomahawk
Cruise Missiles under subsection (a)(3) until the Secretary determines
on the basis of operational testing that the Tactical Tomahawk Cruise
Missile is effective for fleet use.
(c) Virginia Class Submarines.--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 Stat. 1648) shall apply in the
exercise of authority to enter into a multiyear contract for the
procurement of Virginia class submarines under subsection (a)(4).
SEC. 122. PILOT PROGRAM FOR FLEXIBLE FUNDING OF NAVAL VESSEL
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 of the Navy
may, subject to subsection (d), transfer appropriated funds described
in subsection (c) to the appropriation for the Navy for procurement for
shipbuilding and conversion for any fiscal year to continue to fund any
conversion or overhaul of a cruiser of the Navy that was initially
funded with the appropriation to which transferred.
(c) Funds Available for Transfer.--The appropriations available for
transfer under this section are the appropriations 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 the following requirements:
(A) Any increase in the size of the workload for conversion
or overhaul to meet existing requirements for the cruiser.
(B) Any 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 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
transferred.
(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 appropriation 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 with
which merged.
(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 Secretary of
the Navy shall submit to the congressional defense committees 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 Authorization 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. B-1B BOMBER AIRCRAFT.
(a) Amount for Aircraft.--(1) Of the amount authorized to be
appropriated under section 103(1), $20,300,000 may be available to
reconstitute the fleet of B-1B bomber aircraft through modifications of
23 B-1B bomber aircraft otherwise scheduled to be retired in fiscal
year 2003 that extend the service life of such aircraft and maintain
or, as necessary, improve the capabilities of such aircraft for mission
performance.
(2) The Secretary of the Air Force shall submit to the
congressional defense committees a report that specifies the amounts
necessary to be included in the future-years defense program to
reconstitute the B-1B bomber aircraft fleet of the Air Force.
(b) Adjustment.--(1) The total amount authorized to be appropriated
under section 103(1) is hereby increased by $20,300,000.
(2) The total amount authorized to be appropriated under section
104 is hereby reduced by $20,300,000, with the amount of the reduction
to be allocated to Special Operations Forces operational enhancements.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2004
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $9,012,500,000.
(2) For the Navy, $14,590,284,000.
(3) For the Air Force, $20,382,407,000.
(4) For Defense-wide activities, $19,135,679,000, of which
$286,661,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.
(a) Amount for Projects.--Of the total amount authorized to be
appropriated by section 201, $10,705,561,000 shall be available for
science and technology projects.
(b) Science and Technology Defined.--In this section, the term
``science and technology project'' means work funded in program
elements for defense research, development, test, and evaluation under
Department of Defense budget activities 1, 2, or 3.
SEC. 203. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2004
for research, development, test, and evaluation for the Inspector
General of the Department of Defense in the amount of $300,000.
SEC. 204. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2004
for the Department of Defense for research, development, test, and
evaluation for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount of
$65,796,000.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. PROHIBITION ON TRANSFER OF CERTAIN PROGRAMS OUTSIDE THE
OFFICE OF THE SECRETARY OF DEFENSE.
The Secretary of Defense may not designate any official outside the
Office of the Secretary of Defense to exercise authority for
programming or budgeting for any of the following programs:
(1) Explosive demilitarization technology (program element
0603104D8Z).
(2) High energy laser research initiative (program element
0601108D8Z).
(3) High energy laser research (program element
0602890D8Z).
(4) High energy laser advanced development (program element
0603924D8Z).
(5) University research initiative (program element
0601103D8Z).
SEC. 212. OBJECTIVE FORCE INDIRECT FIRES PROGRAM.
(a) Distinct Program Element.--The Secretary of Defense shall
ensure that, not later than October 1, 2003, the Objective Force
Indirect Fires Program is being planned, programmed, and budgeted for
as a distinct program element and that funds available for such program
are being administered consistent with the budgetary status of the
program as a distinct program element.
(b) Prohibition.--Effective on October 1, 2003, the Objective Force
Indirect Fires Program may not be planned, programmed, and budgeted
for, and funds available for such program may not be administered, in
one program element in combination with the Armored Systems
Modernization program.
(c) Certification Requirement.--At the same time that the President
submits the budget for fiscal year 2005 to Congress under section
1105(a) of title 31, United States Code, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a written certification that the Objective Force
Indirect Fires Program is being planned, programmed, and budgeted for,
and funds available for such program are being administered, in
accordance with the requirement in subsection (a) and the prohibition
in subsection (b).
SEC. 213. AMOUNT FOR JOINT ENGINEERING DATA MANAGEMENT INFORMATION AND
CONTROL SYSTEM.
(a) Navy RDT&E.--The amount authorized to be appropriated under
section 201(2) is hereby increased by $2,500,000. Such amount may be
available for the Joint Engineering Data Management Information and
Control System (JEDMICS).
(b) Navy Procurement.--The amount authorized to be appropriated
under section 102(a)(4) is hereby reduced by $2,500,000, to be derived
from the amount provided for the Joint Engineering Data Management
Information and Control System (JEDMICS).
SEC. 214. HUMAN TISSUE ENGINEERING.
(a) Amount.--Of the amount authorized to be appropriated under
section 201(1), $1,700,000 may be available in PE 0602787 for human
tissue engineering. The total amount authorized to be appropriated
under section 201(1) is hereby increased by $1,700,000.
(b) Offsets.--Of the amount authorized to be appropriated under
section 301(4) for Operations and Maintenance, Air Force is hereby
reduced by $1,700,000.
SEC. 215. NON-THERMAL IMAGING SYSTEMS.
(a) Availability of Funds.--Of the amount authorized to be
appropriated by section 201(2) for research, development, test, and
evaluation for the Navy and available for Power Projection Applied
Research (PE 602114N), $2,000,000 may be available for research and
development of non-thermal imaging systems. The total amount authorized
to be appropriated under section 201(2) is hereby increased by
$2,000,000
(b) Offsets.--The amount authorized to be appropriated by section
301(4) for Operation and Maintenance, Air Force is hereby reduced by
$1,000,000 and the amount authorized to be appropriated by section 104
for Defense-wide activities, is hereby reduced by $1,000,000 for
Special Operations Forces rotary wing upgrades.
SEC. 216. MAGNETIC LEVITATION.
(a) Increase in Authorization of Appropriations.--The amount
authorized to be appropriated by section 201(3) for research,
development, test, and evaluation for the Air Force is hereby increased
by $2,100,000, with the amount of the increase to be allocated to Major
Test and Evaluation Investment (PE 0604759F).
(b) Availability.--(1) Of the amount authorized to be appropriated
by section 201(3) for research, development, test, and evaluation for
the Air Force and available for Major Test and Evaluation Investment,
as increased by subsection (a), $2,100,000 may be available for
research and development on magnetic levitation technologies at the
high speed test track at Holloman Air Force Base, New Mexico.
(2) The amount available under paragraph (1) for the purpose
specified in that paragraph is in addition to any other amounts
available under this Act for that purpose.
(c) Offset.--The amount authorized to be appropriated by section
301(4) for Operation and Maintenance, Air Force, is hereby reduced by
$2,100,000.
SEC. 217. COMPOSITE SAIL TEST ARTICLES.
(a) Availability of Funds.--The total amount authorized to be
appropriated under section 201(2) for Virginia-class submarine
development, may be increased by $2,000,000 for the development and
fabrication of composite sail test articles for incorporation into
designs for future submarines.
(b) Offset.--The amount authorized to be appropriated under section
104 may be reduced by $2,000,000, to be derived from the amount
provided for Special Operations Forces operational enhancements.
SEC. 218. PORTABLE MOBILE EMERGENCY BROADBAND SYSTEMS.
(a) Availability of Funds.--(1) Of the amount authorized to be
appropriated by section 201(1) for research, development, test, and
evaluation for the Army, $2,000,000 may be available for the
development of Portable Mobile Emergency Broadband Systems (MEBS).
(2) The total amount authorized to be appropriated under section
201(1) is hereby increased by $2,000,000.
(b) Offset.--The amount authorized to be appropriated by section
104 for procurement, Defense-wide activities, Special Operations Forces
operational enhancements is hereby reduced by $2,000,000.
SEC. 219. BORON ENERGY CELL TECHNOLOGY.
(a) Increase in RDT&E, Air Force.--The amount authorized to be
appropriated by section 201(3) for research, development, test, and
evaluation for the Air Force is hereby increased by $5,000,000.
(b) Availability for Boron Energy Cell Technology.--(1) of the
amount authorized to be appropriated by section 201(3) for research,
development, test, and evaluation for the Air Force, as increased by
subsection (a), $5,000,000 may be available for research, development,
test, and evaluation on boron energy cell technology.
(2) The amount available under paragraph (1) for the purpose
specified in that paragraph is in addition to any other amounts
available under this Act for that purpose.
(c) Offset from Operation and Maintenance, Army.--The amount
authorized to be appropriated by section 301(1), for operation and
maintenance for the Army is hereby reduced by $5,000,000.
SEC. 220. MODIFICATION OF PROGRAM ELEMENT OF SHORT RANGE AIR DEFENSE
RADAR PROGRAM OF THE ARMY.
The program element of the short range air defense radar program of
the Army may be modified from Program Element 602303A (Missile
Technology) to Program Element 603772A (Advanced Tactical Computer
Science and Sensor Technology).
SEC. 221. AMOUNT FOR NETWORK CENTRIC OPERATIONS.
Of the amount authorized to be appropriated under section 201(1)
for historically Black colleges and universities, $1,000,000 may be
used for funding the initiation of a capability in such institutions to
support the network centric operations of the Department of Defense.
Subtitle C--Ballistic Missile Defense
SEC. 221. 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.
SEC. 222. REPEAL OF REQUIREMENT FOR CERTAIN PROGRAM ELEMENTS FOR
MISSILE DEFENSE AGENCY ACTIVITIES.
Section 223 of title 10, United States Code is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by striking
``specified in subsection (a)''.
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:
``Sec. 223a. Ballistic missile defense programs: procurement
``(a) Budget Justification Materials.--(1) In the budget
justification materials submitted to Congress in support of the
Department 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, the following information:
``(A) For each ballistic missile defense element for which
the Missile Defense Agency in engaged in planning for
production and initial fielding, the following information:
``(i) The production rate capabilities of the
production facilities planned to be used.
``(ii) The potential date of availability of the
element for initial fielding.
``(iii) The expected costs of the initial
production and fielding planned for the element.
``(iv) The estimated date on which the
administration of the acquisition of the element is to
be transferred to the Secretary of a military
department.
``(B) The performance criteria prescribed under subsection
(b).
``(2) The information provided under paragraph (1) shall be
submitted in an unclassified form, but may include a classified annex
as necessary.
``(b) Performance Criteria.--(1) The Director of the Missile
Defense Agency shall prescribe measurable performance criteria for all
planned development phases (known as ``blocks'') of the ballistic
missile defense system and each of its elements. The performance
criteria may be updated as necessary while the program and any follow-
on program remain in development.
``(2) The performance criteria prescribed for a block under
paragraph (1) shall include one or more criteria that specifically
describe, in relation to that block, the intended effectiveness against
foreign adversary capabilities, including a description of
countermeasures, for which the system is being designed as a defense.
``(c) Operational Test Plans.--The Director of Operational Test and
Evaluation, in consultation with the Director of the Missile Defense
Agency, shall establish and approve for each ballistic missile defense
system element appropriate plans and schedules for operational testing.
The test plans shall include an estimate of when successful performance
of the element in accordance with each performance criterion is to be
verified by operational testing. The test plans for a program may be
updated as necessary while the program and any follow-on program remain
in development.
``(d) Annual Testing Progress.-- The annual report of the Director
of Operational Test and Evaluation required under section 232(h) of the
National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 10 U.S.C. 2431 note) shall include the following:
``(1) The test plans established under subsection (c); and
``(2) An assessment of the progress being made toward
verifying through operational testing the performance of the
system under a missile defense system program as measured by
the performance criteria prescribed for the program under
subsection (b).
``(e) Future-Years Defense Program.--The future-years defense
program submitted to Congress each year under section 221 of this title
shall include an estimate of the amount necessary for procurement for
each ballistic missile defense system element, together with a
discussion of the underlying factors and reasoning justifying the
estimate.''.
(2) The table of contents at the beginning of such chapter 9 is
amended by inserting after the item relating to section 223 the
following new item:
``223a. Ballistic missile defense programs: procurement.''.
(b) Exception for First Assessment.--The first assessment required
under subsection (d) of section 223a of title 10, United States Code
(as added by subsection (a)), shall be an interim assessment submitted
to the Committees on Armed Services of the Senate and the House of
Representatives not later than July 31, 2004.
SEC. 224. RENEWAL OF AUTHORITY TO ASSIST LOCAL COMMUNITIES IMPACTED 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--
(1) in paragraph (1), by inserting ``, 2004, 2005, or
2006'' after ``for fiscal year 2002''; and
(2) by adding at the end the following new paragraph:
``(3) In the budget justification materials for the Department of
Defense that the Secretary of Defense submits to Congress in connection
with the submission of the budget for fiscal year 2004, the budget for
fiscal year 2005, and the budget for fiscal year 2006 under section
1105(a) of title 31, United States Code, the Secretary shall include a
description of the community assistance projects that are to be
supported in such fiscal year under this subsection and an estimate of
the total cost of each such project.''.
SEC. 225. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CONGRESS FOR
DESIGN, DEVELOPMENT, OR DEPLOYMENT OF HIT-TO-KILL
BALLISTIC MISSILE INTERCEPTORS.
(a) No amount authorized to be appropriated by this Act for
research, development, test, and evaluation, Defense-wide, and
available for Ballistic Missile Defense System Interceptors (PE
060886C), may be obligated or expended to design, develop, or deploy
hit-to-kill interceptors or other weapons for placement in space unless
specifically authorized by Congress.
(b) Of the amounts authorized to be appropriated for fiscal year
2004 for Ballistic Missile Defense System Interceptors, $14,000,000 is
available for research and concept definition for the space based test
bed.
SEC. 226. 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.
Subtitle D--Other Matters
SEC. 231. GLOBAL RESEARCH WATCH PROGRAM IN THE OFFICE OF THE DIRECTOR
OF DEFENSE RESEARCH AND ENGINEERING.
Section 139a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) The Director shall carry out a Global Research Watch
program.
``(2) The goals of the program are as follows:
``(A) To monitor and analyze the basic and applied research
activities and capabilities of foreign nations in areas of
military interest, including allies and competitors.
``(B) To provide standards for comparison and comparative
analysis of research capabilities of foreign nations in
relation to the research capabilities of the United States.
``(C) 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.
``(D) To identify areas where significant opportunities for
cooperative research may exist.
``(E) To coordinate and promote the international
cooperative research and analysis activities of each of the
armed forces and Defense Agencies.
``(F) To establish and maintain an electronic database on
international research capabilities, comparative assessments of
capabilities, cooperative research opportunities, and ongoing
cooperative programs.
``(3) The program shall be focused on research and technologies at
a technical maturity level equivalent to Department of Defense basic
and applied research programs.
``(4) The Director shall coordinate the program with the
international cooperation and analysis activities of the military
departments and Defense Agencies.
``(5) 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.''.
SEC. 232. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY BIENNIAL STRATEGIC
PLAN.
(a) Requirement for Plan.--(1) Subchapter II of chapter 8 of title
10, United States Code, is amended by inserting after section 201 the
following new section:
``Sec. 202. Defense Advanced Research Projects Agency: biennial
strategic plan
``(a) Requirement for Strategic Plan.--(1) Every other year, and in
time for submission to Congress under subsection (b), the Director of
the Defense Advanced Research Projects Agency shall prepare a strategic
plan for the activities of the agency.
``(2) The strategic plan shall include the following matters:
``(A) The long-term strategic goals of the agency.
``(B) Identification of the research programs that
support--
``(i) achievement of the strategic goals; and
``(ii) exploitation of opportunities that hold the
potential for yielding significant military benefits.
``(C) The connection of agency activities and programs to
activities and missions of the armed forces.
``(D) A technology transition strategy for agency programs.
``(E) An assessment of agency policies on the management,
organization, and personnel of the agency.
``(b) Submission of Plan to Congress.--The Secretary of Defense
shall submit the latest biennial strategic plan of the Defense Advanced
Research Projects Agency to Congress at the same time that the
President submits the budget for an even-numbered year to Congress
under section 1105(a) of title 31.
``(c) Review Panel.--(1) The Secretary of Defense shall establish a
panel to advise the Director of the Defense Research Projects Agency on
the preparation, content, and execution of the biennial strategic plan.
``(2) The panel shall be composed of members appointed by the
Secretary of Defense from among persons who are experienced and
knowledgeable in research activities of potential military value, as
follows:
``(A) The principal staff assistant to the Director of the
Defense Advanced Research Projects Agency, who shall serve as
chairman of the panel.
``(B) Three senior officers of the armed forces.
``(C) Three persons who are representative of--
``(i) private industry;
``(ii) academia; and
``(iii) federally funded research and development
centers or similar nongovernmental organizations.
``(3) The members appointed under subparagraphs (B) and (C) of
paragraph (2) shall be appointed for a term of two years. The members
may be reappointed, except that every two years the Secretary of
Defense shall appoint a replacement for at least one of the members
appointed under such subparagraph (B) and a replacement for at least
one of the members appointed under such subparagraph (C). Any vacancy
in the membership of the panel shall be filled in the same manner as
the original appointment.
``(4) The panel shall meet at the call of the Chairman.
``(5) The panel shall provide the Director of the Defense Advanced
Research Projects Agency with the following support:
``(A) Objective advice on--
``(i) the strategic plan; and
``(ii) the appropriate mix of agency supported
research activities in technologies, including system-
level technologies, to address new and evolving
national security requirements and interests, and to
fulfill the technology development mission of the
agency.
``(B) An assessment of the extent to which the agency is
successful in--
``(i) supporting missions of the armed forces; and
``(ii) achieving the transition of technologies
into acquisition programs of the military departments.
``(C) An assessment of agency policies on the management,
organization, and personnel of the agency, together with
recommended modifications of such policies that could improve
the mission performance of the agency.
``(D) Final approval of the biennial strategic plan.
``(6) Members of the panel who are not officers or employees of the
United States shall serve without pay by reason of their work on the
panel, and their services as members may be accepted without regard to
section 1342 of title 31. However, such members 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 while away from their homes or regular places of business in
the performance of services for the panel.
``(7) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the panel.''.
(2) The table of sections at the beginning of such subchapter is
amended by inserting after the item relating to section 201 the
following new item:
``202. Defense Advanced Research Projects Agency: biennial strategic
plan.''.
(b) Initial Appointments to Review Panel.--The Secretary of Defense
shall appoint the panel under subsection (c) of section 202 of title
10, United States Code (as added by subsection (a)), not later than 60
days after the date of the enactment of this Act.
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
subsection (b):
``(b)(1) In furtherance of the authority of the Secretary of
Defense under this chapter or any other provision of law to support
educational programs in science, mathematics, engineering, and
technology, the Secretary of Defense may--
``(A) enter into contracts and cooperative agreements with
eligible persons;
``(B) make grants of financial assistance to eligible
persons;
``(C) provide cash awards and other items to eligible
persons; and
``(D) accept voluntary services from eligible persons.
``(2) In this subsection:
``(A) The term `eligible person' includes a department or
agency of the Federal Government, a State, a political
subdivision 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 HIGH-SPEED NETWORK-CENTRIC AND
BANDWIDTH EXPANSION PROGRAM.
(a) In General.--The Secretary of Defense shall carry out a program
of research and development to promote greater bandwidth capability
with high-speed network-centric communications.
(b) Purposes of Activities.--The purposes of activities required by
subsection (a) are as follows:
(1) To facilitate the acceleration of the network-centric
operational capabilities of the Armed Forces, including more
extensive utilization of unmanned vehicles, satellite
communications, and sensors, through the promotion of research
and development, and the focused coordination of programs, to
fully achieve high-bandwidth connectivity to military assets.
(2) To provide for the development of equipment and
technologies for military high-bandwidth network-centric
communications facilities.
(c) Research and Development Program.--(1) In carrying out the
program of research and development required by subsection (a)(1), the
Secretary shall--
(A) identify areas of advanced wireless communications in
which research and development, or the leveraging of emerging
technologies, has significant potential to improve the
performance, efficiency, cost, and flexibility of advanced
network-centric communications systems;
(B) develop a coordinated plan for research and development
on--
(i) improved spectrum access through spectrum-
efficient network-centric communications systems;
(ii) networks, including complex ad hoc adaptive
network structures;
(iii) end user devices, including efficient
receivers and transmitter devices;
(iv) applications, including robust security and
encryption; and
(v) any other matters that the Secretary considers
appropriate for purposes of this section;
(C) ensure joint research and development, and promote
joint systems acquisition and deployment, among the various
services and Defense Agencies, including the development of
common cross-service technology requirements and doctrines, so
as to enhance interoperability among the various services and
Defense Agencies;
(D) conduct joint experimentation among the various Armed
Forces, and coordinate with the Joint Forces Command, on
experimentation to support network-centric warfare capabilities
to small units of the Armed Forces; and
(E) develop, to the extent practicable and in consultation
with other Federal entities and private industry, cooperative
research and development efforts.
(2) The Secretary shall carry out the program of research and
development through the Director of Defense Research and Engineering,
in full coordination with the Secretaries of the military departments,
the heads of appropriate Defense Agencies, and the heads of other
appropriate elements of the Department of Defense.
(d) Report.--(1) The Secretary shall, acting through the Director
of Defense Research and Engineering, submit to the congressional
defense committees a report on the activities undertaken under this
section as of the date of such report. The report shall be submitted
together with the budget justification materials submitted to Congress
in support of the Department of Defense budget for fiscal year 2005 (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code).
(2) The report under paragraph (1) shall include--
(A) a description of the research and development
activities carried out under subsection (a), including
particular activities under subsection (c)(1)(B);
(B) an assessment of current and proposed funding for the
activities set forth in each of clauses (i) through (v) of
subsection (c)(1)(B), including the adequacy of such funding to
support such activities;
(C) an assessment of the extent and success of any joint
research and development activities under subsection (c)(1)(C);
(D) a description of any joint experimentation activities
under subsection (c)(1)(D);
(E) an assessment of the effects of limited communications
bandwidth, and of limited access to electromagnetic spectrum,
on recent military operations; and
(F) such recommendations for additional activities under
this section as the Secretary considers appropriate to meet the
purposes of this section.
SEC. 235. DEPARTMENT OF DEFENSE STRATEGY FOR MANAGEMENT OF
ELECTROMAGNETIC SPECTRUM.
(a) In General.--The Secretary of Defense shall--
(1) in accordance with subsection (b), develop a strategy
for the Department of Defense for the management of the
electromagnetic spectrum to improve spectrum access and high-
bandwidth connectivity to military assets; and
(2) in accordance with subsection (c), communicate with
civilian departments and agencies of the Federal Government in
the development of the strategy identified in paragraph (1).
(b) Strategy for Department of Defense Spectrum Management.--(1)
Not later than September 1, 2004, the Board shall develop a strategy
for the Department of Defense for the management of the electromagnetic
spectrum in order to ensure the development and use of spectrum-
efficient technologies to facilitate the availability of adequate
spectrum for network-centric warfare. The strategy shall include
specific timelines, metrics, plans for implementation, including the
implementation of technologies for the efficient use of spectrum, and
proposals for program funding.
(2) In developing the strategy, the Board shall consider and take
into account the research and development program carried out under
section 234.
(3) The Board shall assist in updating the strategy developed under
paragraph (1) on a biennial basis to address changes in circumstances.
(4) The Board shall communicate with other departments and agencies
of the Federal Government in the development of the strategy described
in subsection (a)(1), including representatives of the military
departments, the Federal Communications Commission, the National
Telecommunications and Information Administration, the Department of
Homeland Security, the Federal Aviation Administration, and other
appropriate departments and agencies of the Federal Government.
(c) Board Defined.--In this section, the term ``Board'' means the
board of senior acquisition officials as defined in section 822.
SEC. 236. AMOUNT FOR COLLABORATIVE INFORMATION WARFARE NETWORK.
(a) Availability of Funds.--(1) Of the amount authorized to be
appropriated by section 201(2), for research and development, Navy,
$8,000,000 may be available for the Collaborative Information Warfare
Network.
(2) The total amount authorized to be appropriated under section
201(2) is hereby increased by $8,000,000.
(b) Offset.--Of the amount authorized to be appropriated by section
301(4) for operation and maintenance, Air Force, the amount is hereby
reduced by $8,000,000.
SEC. 237. COPRODUCTION OF ARROW BALLISTIC MISSILE DEFENSE SYSTEM.
Of the total amount authorized to be appropriated under section 201
for ballistic missile defense, $115,000,000 may be available for
coproduction of the Arrow ballistic missile defense system.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2004
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $24,668,004,000.
(2) For the Navy, $28,051,390,000.
(3) For the Marine Corps, $3,416,356,000.
(4) For the Air Force, $26,975,231,000.
(5) For Defense-wide activities, $15,739,047,000.
(6) For the Army Reserve, $1,952,009,000.
(7) For the Naval Reserve, $1,170,421,000.
(8) For the Marine Corps Reserve, $173,452,000.
(9) For the Air Force Reserve, $2,178,688,000.
(10) For the Army National Guard, $4,227,331,000.
(11) For the Air National Guard, $4,405,646,000.
(12) For the Defense Inspector General, $160,049,000.
(13) For the United States Court of Appeals for the Armed
Forces, $10,333,000.
(14) For Environmental Restoration, Army, $396,018,000.
(15) For Environmental Restoration, Navy, $256,153,000.
(16) For Environmental Restoration, Air Force,
$384,307,000.
(17) For Environmental Restoration, Defense-wide,
$24,081,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $252,619,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $817,371,000.
(21) For Defense Health Program, $14,862,900,000.
(22) For Cooperative Threat Reduction programs,
$450,800,000.
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, $1,661,307,000.
(2) For the National Defense Sealift Fund, $1,062,762,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2004
from the Armed Forces Retirement Home Trust Fund the sum of $65,279,000
for the operation of the Armed Forces Retirement Home, including the
Armed Forces Retirement Home--Washington and the Armed Forces
Retirement Home--Gulfport.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. EMERGENCY AND MORALE COMMUNICATIONS PROGRAMS.
(a) Armed Forces Emergency Services.--Of the amount authorized to
be appropriated by section 301(5) for operation and maintenance for
Defense-wide activities, $5,000,000 shall be made available to the
American Red Cross to fund the Armed Forces Emergency Services.
(b) Department of Defense Morale Telecommunications Program.--(1)
As soon as possible after the date of enactment of this Act, the
Secretary of Defense shall establish and carry out a program to
provide, wherever practicable, prepaid phone cards, or an equivalent
telecommunications benefit which includes access to telephone service,
to members of the Armed Forces stationed outside the United States who
are directly supporting military operations in Iraq or Afghanistan (as
determined by the Secretary) to enable them to make telephone calls to
family and friends in the United States without cost to the member.
(2) The value of the benefit provided by paragraph (1) shall not
exceed $40 per month per person.
(3) The program established by paragraph (1) shall terminate on
September 30, 2004.
(4) In carrying out the program under this subsection, the
Secretary shall maximize the use of existing Department of Defense
telecommunications programs and capabilities, private entities free or
reduced-cost services, and programs to enhance morale and welfare. In
addition, and notwithstanding any limitation on the expenditure or
obligation of appropriated amounts, the Secretary may use available
funds appropriated to or for the use of the Department of Defense that
are not otherwise obligated or expended to carry out the program.
(5) The Secretary may accept gifts and donations in order to defray
the costs of the program. Such gifts and donations may be accepted from
foreign governments; foundations or other charitable organizations,
including those organized or operating under the laws of a foreign
country; and any source in the private sector of the United States or a
foreign country.
(6) The Secretary shall work with telecommunications providers to
facilitate the deployment of additional telephones for use in calling
the United States under the program as quickly as practicable,
consistent with the timely provision of telecommunications benefits of
the program, the Secretary should carry out this subsection in a manner
that allows for competition in the provision of such benefits.
(7) The Secretary shall not take any action under this subsection
that would compromise the military objectives or mission of the
Department of Defense.
SEC. 312. COMMERCIAL IMAGERY INDUSTRIAL BASE.
(a) Limitation.--Not less than ninety percent of the total amount
authorized to be appropriated under this title for the acquisition,
processing, and licensing of commercial imagery, including amounts
authorized to be appropriated under this title for experimentation
related to commercial imagery, shall be used for the following
purposes:
(1) To acquire space-based imagery from commercial sources.
(2) To support the development of next-generation
commercial imagery satellites.
(b) Report.--(1) Not later than March 1, 2004, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the actions taken and to
be taken by the Secretary to implement the President's commercial
remote sensing 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:
(A) The sufficiency of the policy, the funding for fiscal
year 2004 for the procurement of imagery from commercial
sources, and the funding planned in the future-years defense
program for the procurement of imagery from commercial sources
to sustain a viable commercial imagery industrial base in the
United States.
(B) The extent to which the United States policy and
programs relating to the procurement of imagery from commercial
sources are sufficient to ensure that imagery is available to
the Department of Defense from United States commercial firms
to timely meet the needs of the Department of Defense for the
imagery.
SEC. 313. INFORMATION OPERATIONS SUSTAINMENT FOR LAND FORCES READINESS
OF ARMY RESERVE.
(a) Increase in Authorization of Appropriations for Army Reserve.--
The amount authorized to be appropriated by section 301(6) for
operation and maintenance for the Army Reserve is hereby increased by
$3,000,000.
(b) Availability for Information Operations Sustainment.--(1) Of
the amount authorized to be appropriated by section 301(6) for
operation and maintenance for the Army Reserve, as increased by
subsection (a), $3,000,000 may be available for Information Operations
(Account #19640) for Land Forces Readiness-Information Operations
Sustainment.
(2) The amount available under paragraph (1) for the purpose
specified in that paragraph is in addition to any other amounts
available under this Act for that purpose.
(c) Offset.--The amount authorized to be appropriated by section
301(4) for operation and maintenance for the Air Force is hereby
reduced by $3,000,000.
SEC. 314. SUBMITTAL OF SURVEY ON PERCHLORATE CONTAMINATION AT
DEPARTMENT OF DEFENSE SITES.
(a) Submittal of Perchlorate Survey.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress the 2001 survey to
identify the potential for perchlorate contamination at all active and
closed Department of Defense sites that was prepared by the United
States Air Force Research Laboratory, Aerospace Expeditionary Force
Technologies Division, Tyndall Air Force Base and Applied Research
Associates.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Environment and Public Works of the
Senate; and
(2) the Committee on Energy and Commerce of the House of
Representatives.
Subtitle C--Environmental Provisions
SEC. 321. GENERAL DEFINITIONS APPLICABLE TO FACILITIES AND OPERATIONS.
(a) General Definitions Applicable to Facilities and Operations.--
Section 101 of title 10, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Facilities and Operations.--The following definitions
relating to facilities and operations shall apply in this title:
``(1)(A) The term `military munitions' means all ammunition
products and components produced for or used by the armed
forces for national defense and security, including ammunition
products or components under the control of the Department of
Defense, the Coast Guard, the Department of Energy, and the
National Guard. The term includes confined gaseous, liquid, and
solid propellants, explosives, pyrotechnics, chemical and riot
control agents, smokes, and incendiaries, including bulk
explosives and chemical warfare agents, chemical munitions,
rockets, guided and ballistic missiles, bombs, warheads, mortar
rounds, artillery ammunition, small arms ammunition, grenades,
mines, torpedoes, depth charges, cluster munitions and
dispensers, demolition charges, and devices and components
thereof.
``(B) The term does not include wholly inert items,
improvised explosive devices, and nuclear weapons, nuclear
devices, and nuclear components, except that the term does
include nonnuclear components of nuclear devices that are
managed under the nuclear weapons program of the Department of
Energy after all required sanitization operations under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been
completed.
``(2) The term `operational range' means a range under the
jurisdiction, custody, or control of the Secretary concerned
that--
``(A) is used for range activities; or
``(B) is not currently used for range activities,
but is still considered by the Secretary concerned to
be a range and has not been put to a new use that is
incompatible with range activities.
``(3) The term `range' means a designated land or water
area that is set aside, managed, and used for range activities.
The term includes firing lines and positions, maneuver areas,
firing lanes, test pads, detonation pads, impact areas,
electronic scoring sites, and buffer zones with restricted
access and exclusionary areas. The term also includes airspace
areas designated for military use according to regulations and
procedures established by the Federal Aviation Administration
such as special use airspace areas, military training routes,
and other associated airspace.
``(4) The term `range activities' means--
``(A) research, development, testing, and
evaluation of military munitions, other ordnance, and
weapons systems; and
``(B) the training of military personnel in the use
and handling of military munitions, other ordnance, and
weapons systems.
``(5) The term `unexploded ordnance' 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 either by malfunction,
design, or any other cause.''.
(b) Conforming Amendments.--Section 2710(e) of such title is
amended by striking paragraphs (3), (5), and (9) and redesignating
paragraphs (4), (6), (7), (8), and (10) as paragraphs (3), (4), (5),
(6), and (7), respectively.
SEC. 322. MILITARY READINESS AND CONSERVATION OF PROTECTED SPECIES.
(a) In General.--Part III of subtitle A of title 10, United States
Code, is amended by inserting after chapter 101 the following new
chapter:
``CHAPTER 101A--READINESS AND RANGE PRESERVATION
``Sec.
``2020. Military readiness and conservation of protected species.
``Sec. 2020. Military readiness and conservation of protected species
``(a) Limitation on Designation of Critical Habitat.--The Secretary
of the Interior may 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 of the Interior determines
in writing that--
``(1) the management activities identified in the plan will
effectively conserve the threatened species and endangered
species within the lands or areas covered by the plan; and
``(2) the plan provides assurances that adequate funding
will be provided for such management activities.
``(b) Construction With Consultation Requirement.--Nothing in
subsection (a) may be construed to affect the requirement to consult
under section 7(a)(2) of the Endangered Species Act (16 U.S.C.
1536(a)(2)) with respect to an agency action (as that term is defined
in that section).''.
(b) Clerical Amendments.--The table of chapters at the beginning of
subtitle A of title 10, United States Code, and at the beginning of
part III of such subtitle, are each amended by inserting after the item
relating to chapter 101 the following new item:
``101A. Readiness and Range Preservation.................... 2020''.
SEC. 323. ARCTIC AND WESTERN PACIFIC ENVIRONMENTAL TECHNOLOGY
COOPERATION PROGRAM.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2350m. Arctic and Western Pacific Environmental Technology
Cooperation Program
``(a) Authority To Conduct Program.--The Secretary of Defense may,
with the concurrence of the Secretary of State, conduct on a
cooperative basis with countries located in the Arctic and Western
Pacific regions a program of environmental activities provided for in
subsection (b) in such regions. The program shall be known as the
`Arctic and Western Pacific Environmental Technology Cooperation
Program'.
``(b) Program Activities.--(1) Except as provided in paragraph (3),
activities under the program under subsection (a) may include
cooperation and assistance among elements of the Department of Defense
and military departments or relevant agencies of other countries on
activities that contribute to the demonstration of environmental
technology.
``(2) Activities under the program shall be consistent with the
requirements of the Cooperative Threat Reduction program.
``(3) Activities under the program may not include activities for
purposes prohibited under section 1403 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1960).
``(c) Limitation on Funding for Projects Other Than Radiological
Projects.--Not more than 10 percent of the amount made available for
the program under subsection (a) in any fiscal year may be available
for projects under the program other than projects on radiological
matters.
``(d) Annual Report.--(1) Not later than March 1, 2004, and each
year thereafter, the Secretary of Defense shall submit to Congress a
report on activities under the program under subsection (a) during the
preceding fiscal year.
``(2) The report on the program for a fiscal year under paragraph
(1) shall include the following:
``(A) A description of the activities carried out under the
program during that fiscal year, including a separate
description of each project under the program.
``(B) A statement of the amounts obligated and expended for
the program during that fiscal year, set forth in aggregate and
by project.
``(C) A statement of the life cycle costs of each project,
including the life cycle costs of such project as of the end of
that fiscal year and an estimate of the total life cycle costs
of such project upon completion of such project.
``(D) A statement of the participants in the activities
carried out under the program during that fiscal year,
including the elements of the Department of Defense and the
military departments or agencies of other countries.
``(E) A description of the contributions of the military
departments and agencies of other countries to the activities
carried out under the program during that fiscal year,
including any financial or other contributions to such
activities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that subchapter is amended by adding at the end the following new item:
``2350m. Arctic and Western Pacific Environmental Technology
Cooperation Program.''.
SEC. 324. PARTICIPATION IN WETLAND MITIGATION BANKS IN CONNECTION WITH
MILITARY CONSTRUCTION PROJECTS.
(a) Authority To Participate.--Chapter 159 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2697. Participation in wetland mitigation banks
``(a) Authority To Participate.--In the case of a military
construction project that results, or may result, in the destruction of
or impacts to wetlands, the Secretary concerned may make one or more
payments to a wetland mitigation banking program or consolidated user
site (also referred to as an `in-lieu-fee' program) meeting the
requirement of subsection (b) in lieu of creating a wetland on Federal
property as mitigation for the project.
``(b) Approval of Program or Site Required.--The Secretary
concerned may make a payment to a program or site under subsection (a)
only if the program or site is approved in accordance with the Federal
Guidance for the Establishment, Use, and Operation of Mitigation Banks
or the Federal Guidance on the Use of In-Lieu-Fee Arrangements for
Compensatory Mitigation under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) or section 10 of the Rivers and
Harbors Appropriations Act of 1899 (33 U.S.C. 403).
``(c) Availability of Funds.--Amounts authorized to be appropriated
for a military construction project for which a payment is authorized
by subsection (a) may be utilized for purposes of making the
payment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2697. Participation in wetland mitigation banks.''.
SEC. 325. EXTENSION OF AUTHORITY TO USE ENVIRONMENTAL RESTORATION
ACCOUNT FUNDS FOR RELOCATION OF A CONTAMINATED FACILITY.
Section 2703(c)(2) of title 10, United States Code, is amended by
striking ``September 30, 2003'' and inserting ``September 30, 2006''.
SEC. 326. APPLICABILITY OF CERTAIN PROCEDURAL AND ADMINISTRATIVE
REQUIREMENTS TO RESTORATION ADVISORY BOARDS.
Section 2705(d)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C)(i) Section 10(a)(2) of the Federal Advisory Committee Act (5
U.S.C. App.), relating to publication in the Federal Register of
notices of meetings of advisory committees, shall not apply to any
meeting of a restoration advisory board under this subsection, but a
restoration advisory board shall publish timely notice of each meeting
of the restoration advisory board in a local newspaper of general
circulation.
``(ii) No limitation under any provision of law or regulations on
the total number of advisory committees (as that term is defined in
section 3(2) of the Federal Advisory Committee Act) in existence at any
one time shall operate to limit the number of restoration advisory
boards in existence under this subsection at any one time.''.
SEC. 327. EXPANSION OF AUTHORITIES ON USE OF VESSELS STRICKEN FROM THE
NAVAL VESSEL REGISTER FOR EXPERIMENTAL PURPOSES.
(a) Expansion of Authorities.--Subsection (b) of section 7306a of
title 10, United States Code, is amended to read as follows:
``(b) Stripping and Environmental Remediation of Vessels.--(1)
Before using a vessel for experimental purposes pursuant to subsection
(a), the Secretary shall carry out such stripping of the vessel as is
practicable and such environmental remediation of the vessel as is
required for the use of the vessel for experimental purposes.
``(2) Material and equipment stripped from a vessel under paragraph
(1) may be sold by the contractor or by a sales agent approved by the
Secretary.
``(3) Amounts received as proceeds from the stripping of a vessel
pursuant to this subsection shall be credited to funds available for
stripping and environmental remediation of other vessels for use for
experimental purposes.''.
(b) Inclusion of Certain Purposes in Use for Experimental
Purposes.--That section is further amended by adding at the end the
following new subsection:
``(c) Use for Experimental Purposes.--For purposes of this section,
the term `use for experimental purposes', in the case of a vessel,
includes use of the vessel by the Navy in sink exercises and as a
target.''.
SEC. 328. 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:
``Sec. 7306b. Vessels stricken from Naval Vessel Register; transfer by
gift or otherwise for use as artificial reefs
``(a) Authority To Make Transfer.--Subject to subsection (b), the
Secretary of the Navy may transfer, by gift or otherwise, any vessel
stricken from the Naval Vessel Register to any State, Commonwealth, or
possession of the United States or any municipal corporation or
political subdivision thereof.
``(b) Inapplicability to Certain Vessels.--The authority in
subsection (a) shall not apply to vessels transferable to the Maritime
Administration for disposal under section 548 of title 40.
``(c) 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 (title II of Public Law 98-623; 33 U.S.C. 2101 et seq.),
except that the recipient may use the artificial reef to
enhance diving opportunities if such 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
managing the vessel as an artificial reef.
``(d) Preparation of Vessel for Use as Artificial Reef.--The
Secretary shall ensure that the preparation of a vessel transferred
under subsection (a) for use as an artificial reef is conducted in
accordance with--
``(1) the environmental best management practices developed
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.
``(e) 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 (d).
``(f) 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).
``(g) 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.
``(h) 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 vessels,
or other disposals of such vessels, under this chapter or other
applicable authority.''.
(b) Clerical Amendment.--The table of sections at the beginning 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. 329. SALVAGE FACILITIES.
(a) Facilities To Include Environmental Protection Equipment.--
Section 7361(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of this section, salvage facilities shall
include equipment and gear utilized to prevent, abate, or minimize
damage to the environment arising from salvage activities.''.
(b) Claims To Include Compensation for Environmental Protection.--
Section 7363 of such title is amended--
(1) by inserting ``(a) Authority To Settle Claims.--''
before ``The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Environmental Protection Services.--A claim for salvage
services covered by subsection (a) may include, in addition to a claim
for such salvage services, a claim for compensation for services to
prevent, abate, or minimize damage to the environment arising from such
salvage services.''.
SEC. 330. TASK FORCE ON RESOLUTION OF CONFLICT BETWEEN MILITARY
TRAINING AND ENDANGERED SPECIES PROTECTION AT BARRY M.
GOLDWATER RANGE, ARIZONA.
(a) Purpose.--The purpose of this section is to facilitate the
determination of effective means of resolving the current 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.
(b) Task Force.--The Secretary of Defense shall establish a task
force to determine and assess various means of enabling full use of the
live ordnance delivery areas at Barry M. Goldwater Range while also
protecting endangered species that are present at Barry M. Goldwater
Range.
(c) Composition.--(1) The task force established under subsection
(b) shall be composed of the following:
(A) The Air Force range officer, who shall serve as chair
of the task force.
(B) The range officer at Barry M. Goldwater Range.
(C) The commander of Luke Air Force Base, Arizona.
(D) The commander of Marine Corps Air Station, Yuma,
Arizona.
(E) The Director of the United States Fish and Wildlife
Service.
(F) The manager of the Cabeza Prieta National Wildlife
Refuge, Arizona.
(G) A representative of the Department of Game and Fish of
the State of Arizona, as selected by the Secretary in
consultation with the Governor of the State of Arizona.
(H) A representative of a wildlife interest group in the
State of Arizona, as selected by the Secretary in consultation
with wildlife interest groups in the State of Arizona.
(I) 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.
(2) The chair of the task force may secure for the task force the
services of such experts with respect to the duties of the task force
under subsection (d) as the chair considers advisable to carry out such
duties.
(d) Duties.--The task force established under subsection (b)
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.
Goldwater 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).
(e) Report.--Not later than February 28, 2005, the task force under
subsection (b) shall submit to Congress a report on its activities
under this section. The report shall include--
(1) a description of the assessments and determinations
made under subsection (d);
(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. 331. PUBLIC HEALTH ASSESSMENT OF EXPOSURE TO PERCHLORATE.
(a) Epidemiological Study of Exposure to Perchlorate.--
(1) In general.--The Secretary of Defense shall provide for
an independent epidemiological study of exposure to perchlorate
in drinking water.
(2) Performance of study.--The Secretary shall provide for
the performance of the study under this subsection through the
Centers for Disease Control, the National Institutes of Health,
or another Federal entity with experience in environmental
toxicology selected by the Secretary for purposes of the study.
(3) Matters to be included in study.--In providing for the
study under this subsection, the Secretary shall require the
Federal entity conducting the study--
(A) to assess the incidence of thyroid disease and
measurable effects of thyroid function in relation to
exposure to perchlorate;
(B) to ensure that the study is of sufficient scope
and scale to permit the making of meaningful
conclusions of the measurable public health threat
associated with exposure to perchlorate, especially the
threat to sensitive subpopulations; and
(C) to study 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 participant
in order to permit the development of meaningful
conclusions on the public health threat to individuals
exposed to perchlorate.
(4) Report on study.--The Secretary shall require the
Federal entity conducting the study under this subsection to
submit to the Secretary a report on the study not later than
June 1, 2005.
(b) Review of Effects of Perchlorate on Endocrine System.--
(1) In general.--The Secretary shall provide for an
independent review of the effects of perchlorate on the human
endocrine system.
(2) Performance of review.--The Secretary shall provide for
the performance of the review under this subsection through the
Centers for Disease Control, the National Institutes of Health,
or another appropriate Federal research entity with experience
in human endocrinology selected by the Secretary for purposes
of the review. The Secretary shall ensure that the panel
conducting the review is composed of individuals with expertise
in human endocrinology.
(3) Matters to be included in review.--In providing for the
review under this subsection, the Secretary shall require the
Federal entity conducting the review to assess--
(A) available data on human exposure to
perchlorate, including clinical data and data on
exposure of sensitive subpopulations, and the levels at
which health effects were observed; and
(B) available data on other substances that have
endocrine effects similar to perchlorate to which the
public is frequently exposed.
(4) Report on review.--The Secretary shall require the
Federal entity conducting the review under this subsection to
submit to the Secretary a report on the review not later than
June 1, 2005.
Subtitle D--Reimbursement Authorities
SEC. 341. REIMBURSEMENT OF RESERVE COMPONENT MILITARY PERSONNEL
ACCOUNTS FOR PERSONNEL COSTS OF SPECIAL OPERATIONS
RESERVE COMPONENT PERSONNEL ENGAGED IN LANDMINES
CLEARANCE.
(a) Reimbursement.--Funds authorized to be appropriated under
section 301 for Overseas Humanitarian, Disaster, and Civic Aid programs
shall be available for transfer to reserve component military personnel
accounts in reimbursement of such accounts for the pay and allowances
paid to reserve component personnel under the United States Special
Operations Command for duty performed by such personnel in connection
with training and other activities relating to the clearing of
landmines for humanitarian purposes.
(b) Maximum Amount.--Not more than $5,000,000 may be transferred
under subsection (a).
(c) Merger of Transferred Funds.--Funds transferred to an account
under this section shall be merged with other sums in the account and
shall be available for the same period and purposes as the sums with
which merged.
(d) Relationship to Other Transfer Authority.--The transfer
authority under this section is in addition to the transfer authority
provided under section 1001.
SEC. 342. REIMBURSEMENT OF RESERVE COMPONENT ACCOUNTS FOR COSTS OF
INTELLIGENCE ACTIVITIES SUPPORT PROVIDED BY RESERVE
COMPONENT PERSONNEL.
(a) In General.--Chapter 1805 of title 10, United States Code, is
amended by inserting after section 18502 the following new section:
``Sec. 18503. Reserve components: reimbursement for costs of
intelligence support provided by reserve component
personnel
``(a) Reimbursement Requirement.--The Secretary of Defense or the
Secretary concerned shall transfer to the appropriate reserve component
military personnel account or operation and maintenance account the
amount necessary to reimburse such account for the costs charged that
account for military pay and allowances or operation and maintenance
associated with the performance of duty described in subsection (b) by
reserve component personnel.
``(b) Reimbursable Costs.--The transfer requirement under
subsection (a) applies with respect to the performance of duty in
providing intelligence support, counterintelligence support, or
intelligence and counterintelligence support to a combatant command,
Defense Agency, or joint intelligence activity, including any activity
or program within the National Foreign Intelligence Program, the Joint
Military Intelligence Program, or the Tactical Intelligence and Related
Activities Program.
``(c) Sources of Reimbursements.--Funds available for operation and
maintenance for the Army, Navy, Air Force, or Marine Corps, for a
combatant command, or for a Defense Agency shall be available for
transfer under this section to military personnel accounts and
operation and maintenance accounts of the reserve components.
``(d) Distribution to Units.--Amounts reimbursed to an account for
duty performed by reserve component personnel shall be distributed to
the lowest level unit or other organization of such personnel that
administers and is accountable for the appropriated funds charged the
costs that are being reimbursed.
``(e) Merger of Transferred Funds.--Funds transferred to an account
under this section shall be merged with other sums in the account and
shall be available for the same period and purposes as the sums with
which merged.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended inserting after the item relating to section
18502 the following new item:
``18503. Reserve components: reimbursement for costs of intelligence
support provided by reserve component
personnel.''.
SEC. 343. REIMBURSEMENT RATE FOR SERVICES PROVIDED TO THE 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'' 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) Military airlift services provided''; and
(2) by adding at the end the following new paragraph:
``(2) Military airlift services provided to the Department
of State for the transportation of armored motor vehicles to a
foreign country to meet unfulfilled requirements of the
Department of State for armored motor vehicles in such foreign
country.''.
(b) Conforming and Clerical Amendments.--(1) The heading for such
section is amended to read as follows:
``Sec. 2642. Reimbursement rate for airlift services provided to
Central Intelligence Agency or Department of State''.
(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. Reimbursement rate for airlift services provided to Central
Intelligence Agency or Department of
State.''.
(c) Costs of Goods and Services Provided to Department of State.--
For any fee charged to the Department of Defense by the Department of
State during any year for the maintenance, upgrade, or construction of
United States diplomatic facilities, the Secretary of Defense may remit
to the Department of State only that portion, if any, of the total
amount of the fee charged for such year that exceeds the total amount
of the costs incurred by the Department of Defense for providing goods
and services to the Department of State during such year.
Subtitle E--Defense Dependents Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2004.--Of the amount 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 educational 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--
(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) Availability of Funds for Local Educational Agencies Affected
by the Brooks Air Force Base Demonstration Project.--(1) Up to $500,000
of the funds made available under subsection (a) may (notwithstanding
the limitation in such subsection) also be used for making basic
support payments for fiscal year 2004 to a local educational agency
that received a basic support payment for fiscal year 2003, but whose
payment for fiscal year 2004 would be reduced because of the conversion
of Federal property to non-Federal ownership under the Department of
Defense infrastructure demonstration project at Brooks Air Force Base,
Texas, and the amounts of such basic support payments for fiscal year
2004 shall be computed as if the converted property were Federal
property for purposes of receiving the basic support payments for the
period in which the demonstration project is ongoing, as documented by
the local educational agency to the satisfaction of the Secretary.
(2) If funds are used as authorized under paragraph (1), the
Secretary shall reduce the amount of any basic support payment for
fiscal year 2004 for a local educational agency described in paragraph
(1) by the amount of any revenue that the agency received during fiscal
year 2002 from the Brooks Development Authority as a result of the
demonstration project described in paragraph (1).
(e) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``basic support payment'' means a payment
authorized under section 8003(b(1)) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).
SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$5,000,000 shall be available for payments under section 363 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-77; 20
U.S.C. 7703a).
Subtitle F--Other Matters
SEC. 361. SALE OF DEFENSE INFORMATION SYSTEMS AGENCY SERVICES 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 contract.
(b) Reimbursement.--The Secretary shall require reimbursement 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 appropriations 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. 362. 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
subsection (b):
``(b) Funds Available for Account.--The Defense Modernization
Account shall consist of the following:
``(1) Amounts appropriated to the Defense Modernization
Account for the costs of commencing projects described in
subsection (d)(1), and amounts reimbursed to the Defense
Modernization 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
paragraph (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
department 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) Paragraph (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 paragraph 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
concerned or heads of Defense Agencies or other elements of the
Department of Defense to the Comptroller for the use of Defense
Modernization Account funds for purposes set forth in
subsection (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 ``(i) Quarterly Reports.--(1) Not later
than 15 days after the end of each calendar quarter,'' and
inserting ``(i) 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) Extension of Authority.--Section 912(c)(1) of the National
Defense Authorization Act for Fiscal Year 1996 is amended--
(1) by striking ``section 2216(b)'' and inserting ``section
2216(c)''; and
(2) by striking ``September 30, 2003'' and inserting
``September 30, 2006''.
SEC. 363. EXEMPTION OF CERTAIN FIREFIGHTING SERVICE CONTRACTS FROM
PROHIBITION ON CONTRACTS FOR PERFORMANCE OF FIREFIGHTING
FUNCTIONS.
Section 2465(b) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(4) to a contract for the performance for firefighting
functions if the contract is--
``(A) for a period of one year or less; and
``(B) for the performance of firefighting functions
that would otherwise be performed by military
firefighters who are otherwise deployed.''.
SEC. 364. TECHNICAL AMENDMENT RELATING TO TERMINATION OF SACRAMENTO
ARMY DEPOT, SACRAMENTO, CALIFORNIA.
Section 2466 of title 10, United States Code, is amended by
striking subsection (d).
SEC. 365. EXCEPTION TO COMPETITION REQUIREMENT FOR WORKLOADS PREVIOUSLY
PERFORMED BY DEPOT-LEVEL ACTIVITIES.
Section 2469 of title 10, United States Code, is amended--
(1) in subsection (b), by inserting ``, except as provided
in subsection (c)'' before the period at the end;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Exception.--Subsection (a) does not apply to any depot-level
maintenance and repair workload that is performed by a public-private
partnership under section 2474(b) of this title consisting of a depot-
level activity and a private entity.''.
SEC. 366. 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:
``Sec. 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 equipment 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--
``(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 beginning 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. 367. AIRCRAFT FOR PERFORMANCE OF AERIAL REFUELING MISSION.
(a) Restriction on Retirement of KC-135E Aircraft.--The Secretary
of the Air Force shall ensure that the number of KC-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. 368. CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.
(a) Inapplicability of Randolph-Sheppard Act.--The Randolph-
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 Department of Defense facility
described in subsection (c) that 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 is in effect on such
date.
(c) Covered Facilities.--The Department of Defense facilities
referred to in subsection (b) are as follows:
(1) A military troop dining facility.
(2) A military mess hall.
(3) Any similar dining facility operated for the purpose of
providing meals to members of the Armed Forces.
(d) 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'.''.
(e) Demonstration Projects for Contractors Employing Persons With
Disabilities.--(1) The Secretary of Defense may carry out two
demonstration projects for the purpose of providing opportunities for
participation by severely disabled individuals in the industries of
manufacturing and information technology.
(2) Under each demonstration project, the Secretary may enter into
one or more contracts with an eligible contractor for each of fiscal
years 2004 and 2005 for the acquisition of--
(A) aerospace end items or components; or
(B) information technology products or services.
(3) The items, components, products, or services authorized to be
procured under paragraph (2) include--
(A) computer numerically-controlled machining and metal
fabrication;
(B) computer application development, testing, and support
in document management, microfilming, and imaging; and
(C) any other items, components, products, or services
described in paragraph (2) that are not described in
subparagraph (A) or (B).
(4) In this subsection:
(A) The term ``eligible contractor'' means a business
entity operated on a for-profit or nonprofit basis that--
(i) employs not more than 500 individuals;
(ii) 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;
(iii) employs each severely disabled individual in
its workforce generally on the basis of 40 hours per
week;
(iv) 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;
(v) provides for its employees health insurance and
a retirement plan comparable to those provided for
employees by business entities of similar size in its
industrial sector or geographic region; and
(vi) has or can acquire a security clearance as
necessary.
(B) 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 capacities.
SEC. 369. REPEAL OF CALENDAR YEAR LIMITATIONS ON USE OF COMMISSARY
STORES BY CERTAIN RESERVES AND OTHERS.
(a) Members of the Ready Reserve.--Section 1063(a) of title 10,
United States Code, is amended by striking the period at the end of the
first sentence and all that follows and inserting ``in that calendar
year.''.
(b) Certain Other Persons.--Section 1064 of such title is amended
by striking ``for 24 days each calendar year''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2004, as follows:
(1) The Army, 480,000.
(2) The Navy, 373,800.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,300.
SEC. 402. INCREASED MAXIMUM PERCENTAGE OF GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY AUTHORIZED TO BE SERVING IN GRADES ABOVE
BRIGADIER GENERAL AND REAR ADMIRAL (LOWER HALF).
Section 525(a) of title 10, United States Code, is amended by
striking ``50 percent'' both places it appears and inserting ``55
percent''.
SEC. 403. EXTENSION OF CERTAIN AUTHORITIES RELATING TO MANAGEMENT OF
NUMBERS OF GENERAL AND FLAG OFFICERS IN CERTAIN GRADES.
(a) Senior Joint Officer Positions.--Section 604(c) of title 10,
United States Code, is amended by striking ``December 31, 2004'' and
inserting ``December 31, 2005''.
(b) Distribution of Officers on Active Duty in General and Flag
Officer Grades.--Section 525(b)(5)(C) of such title is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2005''.
(c) Authorized Strength for General and Flag Officers on Active
Duty.--Section 526(b)(3) of such title is amended by striking
``December 31, 2004'' and inserting ``December 31, 2005''.
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.
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 component 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 SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2004, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 25,599.
(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, 6,699.
(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 895.
(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 the term in
section 10217(a) of title 10, United States Code.
Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. REVISION OF PERSONNEL STRENGTH AUTHORIZATION AND ACCOUNTING
PROCESS.
(a) Annual Authorization of Strengths.--Subsection (a) of section
115 of title 10, United States Code, is amended to read as follows:
``(a) Congress shall authorize personnel strength levels for each
fiscal year for each of the following:
``(1) The average strength for each of the armed forces
(other than the Coast Guard) for active-duty personnel who are
to be paid from funds appropriated for active-duty personnel.
``(2) The average strength for each of the armed forces
(other than the Coast Guard) for active-duty personnel and
full-time National Guard duty personnel who are to be paid from
funds appropriated for reserve personnel.
``(3) The average strength for the Selected Reserve of each
reserve component of the armed forces.''.
(b) Limitation on Use of Funds.--Subsection (b) of such section is
amended by striking ``end strength'' in paragraphs (1) and (2) and
inserting ``strength''.
(c) Authority of Secretary of Defense To Vary Strengths.--
Subsection (c) of such section is amended--
(1) by striking ``end strength'' each place it appears and
inserting ``strength'';
(2) in paragraph (1), by striking ``subsection (a)(1)(A)''
and inserting ``subsection (a)(1)'';
(3) in paragraph (2), by striking ``subsection (a)(1)(B)''
and inserting ``subsection (a)(2)''; and
(4) in paragraph (3), by striking ``subsection (a)(2)'' and
inserting ``subsection (a)(3)''.
(d) Counting Personnel.--Subsection (d) of such section is
amended--
(1) by striking ``end-strengths authorized pursuant to
subsection (a)(1)'' and inserting ``strengths authorized
pursuant to paragraphs (1) and (2) of subsection (a)''; and
(2) in paragraph (9)(B), by striking ``subsection
(a)(1)(A)'' and inserting ``subsection (a)(1)''.
(e) Navy Strength When Augmented by Coast Guard.--Subsection (e) of
such section is amended by striking ``subsection (a)(1)'' and inserting
``paragraphs (1) and (2) of subsection (a)''.
(f) Authority of Secretaries of Military Departments To Vary
Strengths.--Subsection (f) of such section is amended--
(1) by striking ``end strength'' both places it appears and
inserting ``strength''; and
(2) by striking ``subsection (a)(1)(A)'' in the first
sentence and inserting ``subsection (a)(1)''.
(g) Authorization of Strengths for Dual Status Military
Technicians.--Subsection (g) of such section is amended by striking
``end strength'' both places it appears and inserting ``strength''.
(h) Conforming Amendments.--(1) Section 168(f)(1)(A) of title 10,
United States Code, is amended by striking ``end strength for active-
duty personnel authorized pursuant to section 115(a)(1)'' and inserting
``strengths for active-duty personnel authorized pursuant to paragraphs
(1) and (2) of section 115(a)''.
(2) Section 691(f) of such title is amended by striking ``section
115(a)(1)'' and inserting ``paragraphs (1) and (2) of section 115(a)''.
(3) Section 3201(b) of such title is amended by striking ``section
115(a)(1)'' and inserting ``paragraphs (1) and (2) of section 115(a)''.
(4)(A) Section 10216 of such title is amended--
(i) by striking ``end strengths'' in subsections (b)(1) and
(c)(1) and inserting ``strengths''; and
(ii) by striking ``end strength'' each place it appears in
subsection (c)(2)(A) and inserting ``strength''.
(B) The heading for subsection (c) is amended by striking ``End''.
(5) Section 12310(c)(4) of such title is amended by striking ``end
strength authorizations required by section 115(a)(1)(B) and
115(a)(2)'' and inserting ``strength authorizations required by
paragraphs (2) and (3) of section 115(a)''.
(6) Section 16132(d) of such title is amended by striking ``end
strength required to be authorized each year by section 115(a)(1)(B)''
in the second sentence and inserting ``strength required to be
authorized each year by section 115(a)(2)''.
(7) Section 112 of title 32, United States Code, is amended--
(A) in subsection (e)--
(i) in the heading, by striking ``End-Strength''
and inserting ``Strength''; and
(ii) by striking ``end strength'' and inserting
``strength'';
(B) in subsection (f)--
(i) in the heading, by striking ``End Strength''
and inserting ``Strength''; and
(ii) in paragraph (2), by striking ``end strength''
and inserting ``strength''; and
(C) in subsection (g)(1), by striking ``end strengths'' and
inserting ``strengths''.
SEC. 422. EXCLUSION OF RECALLED RETIRED MEMBERS FROM CERTAIN STRENGTH
LIMITATIONS DURING PERIOD OF WAR OR NATIONAL EMERGENCY.
(a) Annual Authorized End Strengths.--Section 115(d) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(12) Members of the armed forces ordered to active duty
under section 688 of this title during any period of war
declared by Congress or any period of national emergency
declared by Congress or the President in which members of a
reserve component are serving on active duty pursuant to an
order to active duty under section 12301 or 12302 of this
title, for so long as the members ordered to active duty under
such section 688 continue to serve on active duty during the
period of the war or national emergency and the one-year period
beginning on the date of the termination of the war or national
emergency, as the case may be.''
(b) Strength Limitations for Officers in Pay Grades O-4 Through O-
6.--Section 523(b) of such title is amended by adding at the end the
following new paragraph:
``(8) Officers ordered to active duty under section 688 of
this title during any period of war declared by Congress or any
period of national emergency declared by Congress or the
President in which members of a reserve component are serving
on active duty pursuant to an order to active duty under
section 12301 or 12302 of this title, for so long as the
members ordered to active duty under such section 688 continue
to serve on active duty during the period of the war or
national emergency and the one-year period beginning on the
date of the termination of the war or national emergency, as
the case may be.''.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2004 a total of
$99,194,206,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2004.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. RETENTION OF HEALTH PROFESSIONS OFFICERS TO FULFILL ACTIVE
DUTY SERVICE OBLIGATIONS FOLLOWING FAILURE OF SELECTION
FOR PROMOTION.
(a) In General.--Subsection (a) of section 632 of title 10, United
States Code, is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(4) if the officer is a health professions officer
described in subsection (c) who, as of the date of discharge
determined for the officer under paragraph (1), has not
completed an active duty service obligation incurred by the
officer under section 2005, 2114, 2123, or 2603 of this title,
be retained on active duty until the officer completes the
active duty service for which obligated, unless the Secretary
concerned determines that the completion of the service
obligation by the officer is not in the best interest of the
Army, Navy, Air Force, or Marine Corps, as the case may be.''.
(b) Covered Health Professions Officers.--Section 632 of such title
is amended by adding at the end the following new subsection:
``(c) Health Professions Officers.--Subsection (a)(4) applies to
the following officers:
``(1) A medical officer.
``(2) A dental officer.
``(3) Any other officer appointed in a medical skill (as
defined in regulations prescribed by the Secretary of
Defense).''.
(c) Technical Amendment.--Subsection (a)(3) of such section is
amended by striking ``clause (1)'' and inserting ``paragraph (1)''.
SEC. 502. ELIGIBILITY FOR APPOINTMENT AS CHIEF OF ARMY VETERINARY
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.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. EXPANDED AUTHORITY FOR USE OF READY RESERVE IN RESPONSE TO
TERRORISM.
Section 12304(b)(2) of title 10, United States Code, is amended by
striking ``catastrophic''.
SEC. 512. STREAMLINED PROCESS FOR CONTINUING OFFICERS ON THE RESERVE
ACTIVE-STATUS LIST.
(a) Continuation.--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 under
subsection (b)'';
(B) in paragraph (6), by striking ``as a result of
the convening of a selection board under section
14101(b) of this title'';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
(b) Conforming Amendments.--Subsection (b) of section 14101 of such
title is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
SEC. 513. 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)''.
Subtitle C--Revision of Retirement Authorities
SEC. 521. PERMANENT AUTHORITY TO REDUCE THREE-YEAR TIME-IN-GRADE
REQUIREMENT FOR RETIREMENT IN GRADE FOR OFFICERS IN
GRADES ABOVE MAJOR AND LIEUTENANT COMMANDER.
Section 1370(a)(2)(A) of title 10, United States Code, is amended
by striking ``during the period beginning on October 1, 2002, and
ending on December 31, 2003'' and inserting ``after September 30,
2002''.
Subtitle D--Education and Training
SEC. 531. INCREASED FLEXIBILITY FOR MANAGEMENT OF SENIOR LEVEL
EDUCATION AND POST-EDUCATION ASSIGNMENTS.
(a) Repeal of Post-Education Joint Duty Assignments Requirement.--
Subsection (d) of section 663 of title 10, United States Code, is
repealed.
(b) Repeal of Minimum Duration Requirement for Principal Course of
Instruction at the Joint Forces Staff College.--Subsection (e) of such
section is repealed.
SEC. 532. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR CADETS AND
MIDSHIPMEN RECEIVING ROTC SCHOLARSHIPS.
(a) Financial Assistance Program for Service on Active Duty.--
Section 2107(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking the first sentence and
inserting the following: ``The Secretary concerned may provide
financial assistance described in paragraph (3) for a student
appointed as a cadet or midshipman by the Secretary under
subsection (a).'';
(2) in paragraph (2), by striking ``as described in
paragraph (1)'' and inserting ``as described in paragraph
(3)''; and
(3) by adding at the end the following new paragraphs:
``(3)(A) The financial assistance provided for a student under this
subsection shall be the payment of one of the two sets of expenses
selected by the Secretary, as follows:
``(i) Tuition, fees, books, and laboratory expenses.
``(ii) Expenses for room and board and any other necessary
expenses imposed by the student's educational institution for
the academic program in which the student is enrolled, which
may include any of the expenses described in clause (i).
``(B) The total amount of the financial assistance provided for a
student for an academic year under clause (ii) of subparagraph (A) may
not exceed the total amount of the financial assistance that would
otherwise have been provided for the student for that academic year
under clause (i) of such subparagraph.
``(4) The Secretary of the military department concerned may
provide for the payment of all expenses in the Secretary's department
of administering the financial assistance program under this section,
including the payment of expenses described in paragraph (3).''.
(b) Financial Assistance Program for Service in Troop Program
Units.--Section 2107a(c) of such title is amended to read as follows:
``(c)(1) The Secretary of the Army may provide financial assistance
described in paragraph (2) for a student appointed as a cadet by the
Secretary under subsection (a).
``(2)(A) The financial assistance provided for a student under this
subsection shall be the payment of one of the two sets of expenses
selected by the Secretary concerned, as follows:
``(i) Tuition, fees, books, and laboratory expenses.
``(ii) Expenses for room and board and any other necessary
expenses imposed by the student's educational institution for
the academic program in which the student is enrolled, which
may include any of the expenses described in clause (i).
``(B) The total amount of the financial assistance provided for a
student for an academic year under clause (ii) of subparagraph (A) may
not exceed the total amount of the financial assistance that would
otherwise have been provided for the student for that academic year
under clause (i) of such subparagraph.
``(3) The Secretary may provide for the payment of all expenses in
the Department of the Army for administering the financial assistance
program under this section, including the payment of expenses described
in paragraph (2).''.
SEC. 533. ELIGIBILITY AND COST REIMBURSEMENT REQUIREMENTS FOR PERSONNEL
TO RECEIVE INSTRUCTION AT THE NAVAL POSTGRADUATE SCHOOL.
(a) Expanded Eligibility for Enlisted Personnel.--Subsection (a)(2)
of section 7045 of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking ``this paragraph'' in the second sentence
and inserting ``this subparagraph''; and
(3) by adding at the end the following new subparagraphs:
``(B) The Secretary may permit an enlisted member of the armed
forces to receive instruction in an executive level seminar at the
Naval Postgraduate School.
``(C) The Secretary may permit an eligible enlisted member of the
armed forces to receive instruction 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 education.''.
(b) Payment of Costs for Participants in Information Security
Scholarship Program.--Subsection (b) of such section is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) 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.''.
``(3) The Department of the Army, the Department of the Navy, and
the Department of Transportation shall bear the cost of the instruction
at the Air Force Institute of Technology that is received by officers
detailed for that instruction by the Secretaries of the Army, Navy, and
Transportation, respectively. In the case of an enlisted member
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).
(c) Conforming Amendments.--Paragraph (1) of such subsection (b),
as redesignated by subsection (b)(1) of this section, is amended--
(A) in the first sentence, by striking ``officers'' and
inserting ``members of the armed forces who are''; and
(B) in the second sentence--
(i) by inserting ``under subsection (a)(2)(A)''
after ``at the Postgraduate School''; and
(ii) by striking ``(taking into consideration the
admission of enlisted members on a space-available
basis)''.
SEC. 534. ACTIONS TO ADDRESS SEXUAL MISCONDUCT AT THE SERVICE
ACADEMIES.
(a) Policy on Sexual Misconduct.--(1) The Secretary of the Army,
the Secretary of the Navy, and the Secretary of the Air Force shall,
under guidance prescribed by the Secretary of Defense, direct the
Superintendent of the United States Military Academy, the
Superintendent of the United States Naval Academy, and the
Superintendent of the United States Air Force Academy, respectively, to
prescribe a policy on sexual misconduct applicable to the personnel of
the United States Military Academy, the United States Naval Academy,
and the United States Air Force Academy, respectively.
(2) The policy on sexual misconduct prescribed for an academy 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, as the case may
be, should follow in the case of an occurrence of sexual
misconduct, 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
potentially necessary for proof of criminal sexual
assault.
(C) Procedures for disciplinary action in cases of alleged
criminal sexual assault involving academy personnel.
(D) Any other sanctions authorized to be imposed in a
substantiated case of misconduct 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
personnel, including the specific training required for
personnel who process allegations of sexual misconduct
involving academy personnel.
(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 jurisdiction of the
Superintendent an assessment in each academy program year to determine
the effectiveness of the academy's policies, training, and procedures
on sexual misconduct to prevent criminal sexual misconduct involving
academy personnel.
(2) For the assessment for each of the 2004, 2005, 2006, 2007, and
2008 academy program years, the Superintendent of the academy shall
conduct a survey of all academy personnel--
(A) to measure--
(i) the incidence, in such program year, of sexual
misconduct events, on or off the academy reservation,
that have been reported to officials of the academy;
and
(ii) the incidence, in such program year, of sexual
misconduct 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 misconduct involving academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual misconduct involving
academy personnel in such program year; and
(iv) any other issues relating to sexual misconduct
involving academy personnel.
(c) Annual Report.--(1) The Secretary of the Army, the Secretary 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
Superintendent of the United States Air Force Academy, respectively, to
submit to the Secretary a report on sexual misconduct 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 misconduct
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
program 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 misconduct 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 Secretary'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 department
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. 535. FUNDING OF EDUCATION ASSISTANCE ENLISTMENT INCENTIVES 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.''.
Subtitle E--Military Justice
SEC. 551. EXTENDED LIMITATION PERIOD FOR PROSECUTION OF CHILD ABUSE
CASES IN COURTS-MARTIAL.
Section 843(b) 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
paragraph (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 reaches
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 under 16 years
of age 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
battery 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, AIRCRAFT, OR VESSEL.
Section 911 of title 10, United States Code (article 111 of the
Uniform Code of Military Justice), is amended--
(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
paragraph (3).''; and
(B) by striking ``maximum'' in paragraphs (1)(B)
and (3).
Subtitle F--Other Matters
SEC. 561. HIGH-TEMPO PERSONNEL MANAGEMENT AND ALLOWANCE.
(a) Deployment Management.--Section 991(a) 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 in a
deployment, on any day on which the total number of days on which the
member has been deployed out of the preceding 365 days would exceed the
maximum number of deployment days prescribed for the purposes of this
section by the Under Secretary of Defense for Personnel and Readiness.
The maximum number of deployment days so prescribed may not exceed 220
days.
``(2) A member may be deployed, or continued in a deployment,
without regard to paragraph (1) if such deployment, or continued
deployment, is approved by--
``(A) a member of the Senior Executive Service designated
by the Secretary of Defense to do so; or
``(B) the first officer in the member's chain of command
who is--
``(i) a general officer or, in the case of the
Navy, an officer in a grade above captain; or
``(ii) a colonel or, in the case of the Navy, a
captain who is recommended for promotion to brigadier
general or rear admiral, respectively, 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) High-Tempo Allowance.--(1) Subsection (a) of section 436 of
title 37, United States Code, is amended to read as follows:
``(a) Monthly Allowance.--The Secretary of the military department
concerned shall pay a high-tempo allowance to a member of the armed
forces under the Secretary's jurisdiction for the following months:
``(1) Each month during which the member is deployed and
has, as of any day during that month, been deployed--
``(A) for at least the number of days out of the
preceding 730 days that is prescribed for the purpose
of this subparagraph by the Under Secretary of Defense
for Personnel and Readiness, except that the number of
days so prescribed may not be more than 401 days; or
``(B) at least the number of consecutive days that
is prescribed for the purpose of this subparagraph by
the Under Secretary of Defense for Personnel and
Readiness, except that the number of days so prescribed
may not be more than 191 days.
``(2) Each month that includes a day on which the member
serves on active duty pursuant to a call or order to active
duty 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 previous 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) Monthly Amount.--The Secretary of Defense shall prescribe the
amount of the monthly allowance payable to a member under this section.
The amount may not exceed $1,000.''.
(3) Such section is further amended by adding at the end the
following new subsection:
``(g) Service in Exempted Duty Positions.--(1) Except as provided
in paragraph (2), a member is not eligible for the high-tempo allowance
under this section while serving in a duty position designated as
exempt for the purpose of this subsection by the Secretary concerned
with the approval of the Under Secretary of Defense for Personnel and
Readiness.
``(2) A designation of a duty position as exempt under paragraph
(1) does not terminate the eligibility for the high-tempo allowance
under this section of a member serving in the duty position at the time
the designation is made.
``(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 subsections (d) and (e), by striking ``high-
deployment per diem'' and inserting ``high-tempo allowance'';
and
(B) 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:
``Sec. 436. High-tempo 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-tempo allowance: lengthy or numerous deployments; frequent
mobilizations.''.
(c) Modified 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 the number of members who received the high-tempo
allowance under section 436 of title 37, the total number of
months for which the allowance was paid to members, and the
total amount spent on the allowance.''.
SEC. 562. ALTERNATE INITIAL MILITARY SERVICE OBLIGATION FOR PERSONS
ACCESSED UNDER DIRECT ENTRY PROGRAM.
(a) Requirement for Program.--The Secretary of Defense shall carry
out a direct entry program for persons with critical military skills
who enter the Armed Forces for an initial period of service in the
Armed Forces.
(b) Eligible Persons.--The Secretary shall prescribe the
eligibility requirements for entering the Armed Forces under the direct
entry program carried out under this section. The Secretary may limit
eligibility as the Secretary determines appropriate to meet the needs
of the Armed Forces.
(c) Critical Military Skills.--The Secretary shall designate the
military skills that are critical military skills for the purposes of
this section.
(d) Initial Service Obligation.--(1) The Secretary shall prescribe
the period of initial service in the Armed Forces that is to be
required of a person entering the Armed Forces under the direct entry
program. The period may not be less than three years.
(2) Section 651(a) of title 10, United States Code, shall not apply
to a person who enters the Armed Forces under the direct entry program.
(e) Reports.--(1) Not later than 30 days after the direct entry
program commences under this section, the Secretary shall submit a
report on the establishment of the program to the Committees on Armed
Services of the Senate and the House of Representatives. The report
shall include the following:
(A) A list of the military skills designated as critical
military skills for the purposes of this section.
(B) The eligibility requirements for entering the Armed
Forces under the program.
(C) A detailed discussion of the other features of the
program.
(2) Whenever the list of critical military skills is revised, the
Secretary shall promptly submit the revised list to the committees
referred to in paragraph (1).
(3) The Secretary shall submit a final report on the program to
Congress not later than 180 days after the date on which the direct
entry program terminates under subsection (f). The report shall include
the Secretary's assessment of the effectiveness of the direct entry
program for recruiting personnel with critical military skills for the
Armed Forces.
(f) Period of Program.--The direct entry program under this section
shall commence on October 1, 2003, and shall terminate on September 30,
2005.
SEC. 563. 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 Services
of the Senate and the House of Representatives.
(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. 564. ENHANCEMENT OF VOTING RIGHTS OF MEMBERS OF THE UNIFORMED
SERVICES.
(a) Standard for Invalidation of Ballots Cast by Absent Uniformed
Services Voters in Federal Elections.--.(1) Section 102 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
1) is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) Standards for Invalidation of Certain Ballots.--
``(1) In general.--A State may not refuse to count a ballot
submitted in an election for Federal office by an absent
uniformed services voter--
``(A) solely on the grounds that the ballot
lacked--
``(i) a notarized witness signature;
``(ii) an address (other than on a Federal
write-in absentee ballot, commonly known as
`SF186');
``(iii) a postmark if there are any other
indicia that the vote was cast in a timely
manner; or
``(iv) an overseas postmark; or
``(B) solely on the basis of a comparison of
signatures on ballots, envelopes, or registration forms
unless there is a lack of reasonable similarity between
the signatures.
``(2) No effect on filing deadlines under state law.--
Nothing in this subsection may be construed to affect the
application to ballots submitted by absent uniformed services
voters of any ballot submission deadline applicable under State
law.''.
(2) The amendments made by paragraph (1) shall apply with respect
to ballots described in section 102(c) of the Uniformed and Overseas
Citizens Absentee Voting Act, as added by paragraph (1), that are
submitted with respect to elections that occur after the date of the
enactment of this Act.
(b) Maximization of Access of Recently Separated Uniformed Services
Voters to the Polls.--(1) Section 102(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(6) in addition to using the postcard form for the
purpose described in paragraph (4), accept and process any
otherwise valid voter registration application submitted by a
uniformed service voter for the purpose of voting in an
election for Federal office; and
``(7) permit each recently separated uniformed services
voter to vote in any election for which a voter registration
application has been accepted and processed under this section
if that voter--
``(A) has registered to vote under this section;
and
``(B) is eligible to vote in that election under
State law.''.
(2) The amendments made by paragraph (1) shall apply with respect
to elections for Federal office that occur after the date of the
enactment of this Act.
(c) Definitions.--Section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(9) and (11), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) `recently separated uniformed services voter' means
any individual who was a uniformed services voter on the date
that is 60 days before the date on which the individual seeks
to vote and who--
``(A) presents to the election official Department
of Defense form 214 evidencing the individual's former
status as such a voter, or any other official proof of
such status;
``(B) is no longer such a voter; and
``(C) is otherwise qualified to vote in that
election;''; and
(3) by inserting after paragraph (9), as so redesignated,
the following new paragraph:
``(10) `uniformed services voter' means--
``(A) a member of a uniformed service in active
service;
``(B) a member of the merchant marine; and
``(C) a spouse or dependent of a member referred to
in subparagraph (A) or (B) who is qualified to vote;
and''.
SEC. 565. CERTAIN TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS
OF MEMBERS OF THE ARMED FORCES WHO HAVE COMMITTED
DEPENDENT ABUSE.
Section 406(h) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) If the Secretary concerned makes a determination described
in subparagraph (B) with respect to the spouse or a dependent of a
member described in that subparagraph and a request described in
subparagraph (C) has been by the spouse or on behalf of such dependent,
the Secretary may provide any benefit authorized for a member under
paragraph (1) or (3) to the spouse or such dependent in lieu of
providing such benefit to the member.
``(B) A determination described in this subparagraph is a
determination by the commanding officer of a member that--
``(i) the member has committed a dependent-abuse offense
against the spouse or a dependent of the member;
``(ii) a safety plan and counseling have been provided to
the spouse or such dependent;
``(iii) the safety of the spouse or such dependent is at
risk; and
``(iv) the relocation of the spouse or such 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.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004.
(a) Waiver of Section 1009 Adjustment.--The 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 services 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
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 $12,524.7 $12,586.2 $12,847.8 $13,303.80
0 0 0
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 exceed the rate of pay for level V of the Executive
Schedule.
\2\Subject to the preceding footnote, the rate of basic pay for an
officer in this grade while serving as Chairman or Vice Chairman of
the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, 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 cumulative years of
service computed under section 205 of title 37, United States Code.
\3\This table does not apply to commissioned officers in pay grade O-1,
O-2, or O-3 who have been credited with over 4 years of active duty
service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $4,027.20 $4,220.10
O-2E............ 0.00 0.00 0.00 3,537.00 3,609.90
O-1E............ 0.00 0.00 0.00 2,848.50 3,042.30
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ $4,431.60 $4,568.70 $4,794.30 $4,984.20 $5,092.80
O-2E............ 3,724.80 3,918.60 4,068.60 4,180.20 4,180.20
O-1E............ 3,154.50 3,269.40 3,382.20 3,537.00 3,537.00
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ $5,241.30 $5,241.30 $5,241.30 $5,241.30 $5,241.30
O-2E............ 4,180.20 4,180.20 4,180.20 4,180.20 4,180.20
O-1E............ 3,537.00 3,537.00 3,537.00 3,537.00 3,537.00
------------------------------------------------------------------------
WARRANT OFFICERS\1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,119.40 3,355.80 3,452.40 3,547.20 3,710.40
W-3.............. 2,848.80 2,967.90 3,089.40 3,129.30 3,257.10
W-2.............. 2,505.90 2,649.00 2,774.10 2,865.30 2,943.30
W-1.............. 2,212.80 2,394.00 2,515.20 2,593.50 2,802.30
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,871.50 4,035.00 4,194.30 4,359.00 4,617.30
W-3.............. 3,403.20 3,595.80 3,786.30 3,988.80 4,140.60
W-2.............. 3,157.80 3,321.60 3,443.40 3,562.20 3,643.80
W-1.............. 2,928.30 3,039.90 3,164.70 3,247.20 3,321.90
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $5,360.70 $5,544.30 $5,728.80 $5,914.20
W-4.............. 4,782.60 4,944.30 5,112.00 5,277.00 5,445.90
W-3.............. 4,291.80 4,356.90 4,424.10 4,570.20 4,716.30
W-2.............. 3,712.50 3,843.00 3,972.60 4,103.70 4,103.70
W-1.............. 3,443.70 3,535.80 3,535.80 3,535.80 3,535.80
------------------------------------------------------------------------
\1\Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for 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
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.--Subsection (c) of such section is
amended to read as follow:
``(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 1 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
1 percentage point higher than the percentage that would otherwise be
applicable under such paragraph.''.
(d) Repeal of Allocation Authority.--Such section is further
amended--
(1) by striking subsections (d), (e), and (g); and
(2) redesignating subsection (f) as subsection (d).
(e) Presidential Determination of Need for Alternative Pay
Adjustment.--Such section, as amended by subsection (d), is further
amended 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 National 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 Congress
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.''.
(f) Definitions.--Such section, as amended by subsection (e), is
further amended by adding at the end the following:
``(f) Definitions.--In this section:
``(1) The term `ECI' means the Employment Cost Index (wages
and salaries, private industry workers) published quarterly by
the Bureau of Labor Statistics.
``(2) The term `base quarter' for any year is the 3-month
period ending on September 30 of such year.''.
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. PILOT PROGRAM OF MONTHLY SUBSISTENCE ALLOWANCE FOR NON-
SCHOLARSHIP SENIOR ROTC MEMBERS COMMITTING TO CONTINUE
ROTC PARTICIPATION AS SOPHOMORES.
(a) Authority.--Section 209 of title 37, United States Code, is
amended by adding at the end the following new subsection:
``(e) Non-Scholarship Senior ROTC Members Not in Advanced
Training.--(1) A member of the Senior Reserve Officers' Training Corps
described in subsection (b) is entitled to a monthly subsistence
allowance at a rate prescribed under subsection (a).
``(2) To be entitled to receive a subsistence allowance under this
subsection, a member must--
``(A) be a citizen of the United States;
``(B) enlist in an armed force under the jurisdiction of
the Secretary of the military department concerned for the
period prescribed by the Secretary;
``(C) contract, with the consent of his parent or guardian
if he is a minor, with the Secretary of the military department
concerned, or his designated representative, to serve for the
period required by the program;
``(D) agree in writing that he will accept an appointment,
if offered, as a commissioned officer in the Army, Navy, Air
Force, or Marine Corps, as the case may be, and that he will
serve in the armed forces for the period prescribed by the
Secretary;
``(E) successfully complete the first year of a four-year
Senior Reserve Officers' Training Corps course;
``(F) not be eligible for advanced training under section
2104 of title 10;
``(G) not be appointed under section 2107 of title 10; and
``(H) execute a certificate of loyalty in such form as the
Secretary of Defense prescribes or take a loyalty oath as
prescribed by the Secretary.
``(3) The first month for which a monthly subsistence allowance is
payable to a member under this subsection shall be a month designated
by the Secretary of the military department concerned that begins after
the member satisfies the condition in subparagraph (E) of paragraph
(2). Payment of the subsistence allowance shall continue for as long as
the member continues to meet the conditions in such paragraph and the
member's obligations under the enlistment, contract, and agreement
entered into as described in such paragraph. In no event, however, may
a member receive the monthly subsistence allowance for more than 20
months.
``(4) In this subsection, the term `program' means the Senior
Reserve Officers' Training Corps of an armed force.
``(5) No subsistence allowance may be paid under this subsection
with respect to a contract that is entered into as described in
paragraph (2)(C) after December 31, 2006.''.
(b) Effective Date.--Subsection (e) of section 209 of title 37,
United States Code (as added by subsection (a)), shall take effect on
January 1, 2004.
SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR EACH MEMBER MARRIED 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 on October 1, 2003.
SEC. 606. INCREASED RATE OF FAMILY SEPARATION ALLOWANCE.
(a) Rate.--Section 427(a)(1) of title 37, United States Code, is
amended by striking ``$100'' and inserting ``$250''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2003.
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''.
(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 PROFESSIONALS.
(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 Professionals 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''.
(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. 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), by inserting ``under section 201 of
this title, or the compensation under section 206 of this
title,'' after ``is entitled to the basic pay'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) In the case of an officer who is a member of a reserve
component, special pay under subsection (a) shall be paid at the rate
of \1/30\ of the monthly rate authorized by that subsection for each
day of the performance of duties described in that subsection.''.
(b) Limitation.--Subsection (d) of such section, as redesignated by
subsection (a)(2) of this section, is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) 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), 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. 616. ASSIGNMENT INCENTIVE PAY FOR SERVICE IN KOREA.
(a) Authority.--(1) Chapter 5 of title 37, United States Code, is
amended by inserting after section 307a the following new section:
``Sec. 307b. Special pay: Korea service incentive pay
``(a) Authority.--The Secretary concerned shall pay monthly
incentive pay under this section to a member of a uniformed service for
the period that the member performs service in Korea while entitled to
basic pay.
``(b) Rate.--The monthly rate of incentive pay payable to a member
under this section is $100.
``(c) Relationship to Other Pay and Allowances.--Incentive pay paid
to a member under this section is in addition to any other pay and
allowances to which the member is entitled.
``(d) Status Not Affected by Temporary Duty or Leave.--The service
of a member in an assignment referred to in subsection (a) shall not be
considered discontinued during any period that the member is not
performing service in the assignment by reason of temporary duty
performed by the member pursuant to orders or absence of the member for
authorized leave.
``(e) Termination of Authority.--Special pay may not be paid under
this section for months beginning after December 31, 2005.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 307a the
following new item:
``307b. Special pay: Korea service incentive pay.''.
(b) Effective Date.--Section 307(b) of title 37, United States Code
(as added by subsection (a)), shall take effect on October 1, 2003.
SEC. 617. INCREASED MAXIMUM AMOUNT OF REENLISTMENT BONUS FOR ACTIVE
MEMBERS.
(a) Maximum Amount.--Section 308(a)(2)(B) of title 37, United
States Code, is amended by striking ``$60,000'' and inserting
``$70,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2003, and shall apply with respect to
reenlistments and extensions of enlistments that take effect on or
after that date.
SEC. 618. PAYMENT OF SELECTED RESERVE REENLISTMENT BONUS TO MEMBERS OF
SELECTED RESERVE WHO ARE MOBILIZED.
Section 308b of title 37, United States Code, is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Payment to Mobilized Members.--In the case of a member
entitled to a bonus under this section who is called or ordered to
active duty, any amount of such bonus that is payable to the member
during the period of active duty of the member shall be paid the member
during that period of active duty without regard to the fact that the
member is serving on active duty pursuant to such call or order to
active duty.''.
SEC. 619. INCREASED RATE OF HOSTILE FIRE AND IMMINENT DANGER SPECIAL
PAY.
(a) Rate.--Section 310(a) of title 37, United States Code, is
amended by striking ``$150'' and inserting ``$225''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2003.
SEC. 620. 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 danger on the basis of civil insurrection,
civil war, terrorism, or wartime conditions.
``(b) Continuation During Hospitalization.--A member covered 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) Effective 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.
SEC. 621. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE PROGRAM 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:
``Sec. 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 locations 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)(A) The heading of such section is amended to read as follows:
``Sec. 705. Rest and recuperation absence: 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 40 of such title is amended to read as
follows:
``705. Rest and recuperation absence: qualified members extending duty
at designated locations overseas.''.
SEC. 622. ELIGIBILITY OF WARRANT OFFICERS FOR ACCESSION BONUS FOR NEW
OFFICERS IN CRITICAL SKILLS.
(a) Eligibility.--Section 324 of title 37, United States Code, is
amended in subsections (a) and (f)(1) by inserting ``or an
appointment'' after ``commission''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2003.
SEC. 623. INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL
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:
``Sec. 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 four years in, a military occupational specialty for
which there is a shortage of trained and qualified personnel.
``(b) Eligible Members.--A member is eligible for a bonus under
this section if--
``(1) the member is entitled to basic pay; and
``(2) at the time the agreement under subsection (a) 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.
``(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 for
conversion to a military occupational specialty under this section and
who, voluntarily or because of misconduct, fails to serve in such
military occupational specialty for the period specified in the
agreement 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 beginning of
such chapter is amended by adding at the end the following new item:
``326. Incentive bonus: conversion to military occupational specialty
to ease personnel shortage.''.
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
subsection (h):
``(h) In the case of a member's change of permanent station
described in subparagraph (A) or (B) of subsection (i)(1), the
Secretary 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 established under section 404(d)(1) of this
title.''.
SEC. 632. PAYMENT OR REIMBURSEMENT OF STUDENT BAGGAGE STORAGE COSTS FOR
DEPENDENT CHILDREN OF MEMBERS 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. 633. 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:
``Sec. 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 transported 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 household
effects, includes packing, crating, drayage, temporary storage, and
unpacking of the baggage or household effects.''.
(b) Clerical Amendment.--The table of sections at the beginning 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 634. TRANSPORTATION OF DEPENDENTS TO PRESENCE OF MEMBERS OF THE
ARMED FORCES WHO ARE 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 ``paragraph (2)'' and
inserting ``paragraph (3)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Under the regulations prescribed under paragraph (1),
transportation described in subsection (c) may be provided for not more
than two family members of a member otherwise described in paragraph
(3) who is retired for an illness or injury described in that paragraph
if the attending physician or surgeon and the commander or head of the
military medical facility exercising control over the member determine
that the presence of the family member would be in the best interests
of the family member.''; and
(4) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraph (1) or (2)''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. SPECIAL RULE FOR COMPUTATION OF RETIRED PAY BASE FOR
COMMANDERS OF COMBATANT COMMANDS.
(a) Treatment Equivalent to Chiefs of Service.--Subsection (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 subsection is
amended by inserting ``Commanders of Combatant Commands,'' 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. 642. 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) a person who is eligible to provide a
reserve-component annuity and who 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
``(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) a member of a reserve component not described
in subparagraph (A) who 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.--The amendments made by this section 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. 643. 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.
(c) Death Benefits Study.--(1) It is the sense of Congress that--
(A) the sacrifices made by the members of the United States
Armed Forces are significant and are worthy of meaningful
expressions of gratitude by the Government of the United
States, especially in cases of sacrifice through loss of life;
(B) 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 benefits
for survivors of civilian victims of terrorism;
(C) the death benefits system composed of the death
gratuity paid by the Department of Defense to survivors of
members 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 evolution
of such benefits has failed to keep pace with the expansion 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
survivors of deceased members with the compensation provided to
families of civilian victims of terrorism; and
(D) while Servicemembers' Group Life Insurance (SGLI)
provides an assured source of life insurance for members of the
Armed Forces that benefits the survivors of such members upon
death, the SGLI program requires the members to pay for that
life insurance coverage and does not provide an assured minimum
benefit.
(2) 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 Secretary shall--
(A) compare the Federal Government death benefits for
survivors of deceased members of the Armed Forces with
commercial and other private sector death benefits plans for
segments of United States society outside the Armed Forces, and
also with the benefits available under Public Law 107-37 (115
Stat. 219) (commonly known as the ``Public Safety Officer
Benefits Bill'');
(B) 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
premium on deaths resulting from participation in combat or
from acts of terrorism;
(C) assess the adequacy of the current system of Survivor
Benefit Plan annuities and Dependency and Indemnity
Compensation and the anticipated effects of an elimination of
the offset of Survivor Benefit Plan annuities by Dependency and
Indemnity Compensation;
(D) examine the commercial insurability of members of the
Armed Forces in high risk military occupational specialties;
and
(E) examine the extent to which private trusts and
foundations engage in fundraising or otherwise provide
financial benefits for survivors of deceased members of the
Armed Forces.
(3) Not later than March 1, 2004, the Secretary shall submit a
report on the results of the study under paragraph (2) to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the following:
(A) The assessments, analyses, and conclusions resulting
from the study.
(B) Proposed legislation to address the deficiencies in the
system of Federal Government death benefits for survivors of
deceased members of the Armed Forces that are identified in the
course of the study.
(C) An estimate of the costs of the system of death
benefits provided for in the proposed legislation.
(4) 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 Federal Government, State governments, and local
governments. Not later than November 1, 2003, 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.
SEC. 644. FULL PAYMENT OF BOTH RETIRED PAY AND COMPENSATION TO DISABLED
MILITARY RETIREES.
(a) Restoration of Full Retired Pay Benefits.--Section 1414 of
title 10, United States Code, is amended to read as follows:
``Sec. 1414. Members eligible for retired pay who have service-
connected disabilities: payment of retired pay and
veterans' disability compensation
``(a) Payment of Both Retired Pay and Compensation.--Except as
provided in subsection (b), a member or former member of the uniformed
services who is entitled to retired pay (other than as specified in
subsection (c)) and who is also entitled to veterans' disability
compensation is entitled to be paid both without regard to sections
5304 and 5305 of title 38.
``(b) Special Rule for Chapter 61 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
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.
``(c) Exception.--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 at the time of
the member's retirement.
``(d) Definitions.--In this section:
``(1) The term `retired pay' includes retainer pay,
emergency officers' retirement pay, and naval pension.
``(2) The term `veterans' disability compensation' has the
meaning given the term `compensation' in section 101(13) of
title 38.''.
(b) Repeal of Special Compensation Programs.--Sections 1413 and
1413a of such title are repealed.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the items relating to sections
1413, 1413a, and 1414 and inserting the following:
``1414. Members eligible for retired pay who have service-connected
disabilities: payment of retired pay and
veterans' disability compensation.''.
(d) Effective Date.--The amendments made by this section shall take
effect on--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted, if later than the
date specified in paragraph (1).
(e) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person by reason of section 1414 of title 10, United States
Code, as amended by subsection (a), for any period before the effective
date applicable under subsection (d).
Subtitle E--Other Matters
SEC. 651. RETENTION OF ACCUMULATED LEAVE.
(a) Higher Maximum Limitation Associated With Certain Service.--
Section 701(f) of title 10, United States Code, is amended to read as
follows:
``(f)(1) The Secretary of Defense may authorize a member eligible
under paragraph (2) to retain 120 days' leave accumulated by the end of
the fiscal year described in such paragraph.
``(2) Paragraph (1) applies to a member who--
``(A) during a fiscal year--
``(i) serves on active duty for a continuous period
of at least 120 days in an area in which the member is
entitled to special pay under section 310(a) of title
37; or
``(ii) is assigned to a deployable ship, to a
mobile unit, to duty in support of a contingency
operation, or to other duty designated for the purpose
of this section; and
``(B) except for paragraph (1), would lose any accumulated
leave in excess of 60 days at the end of the fiscal year.
``(3) Leave in excess of 60 days accumulated under this subsection
is lost unless it is used by the member before the end of the third
fiscal year after the fiscal year in which the service described in
paragraph (2) terminated.''.
(b) Savings Provisions.--Regulations in effect under subsection (f)
of section 701 of title 10, United States Code, on the day before the
date of the enactment of this Act shall remain in effect until revised
or superseded by regulations prescribed to implement the authority
under the amendment made by subsection (a).
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2003.
SEC. 652. GAO STUDY.
Not later than April 1, 2004, the Comptroller General shall submit
a report regarding the adequacy of special pays and allowances for
service members who experience frequent deployments away from their
permanent duty stations for periods less than 30 days. The policies
regarding eligibility for family separation allowance, including those
relating to required duration of absences from the permanently assigned
duty station, should be assessed.
Subtitle F--Naturalization and Family Protection for Military Members
SEC. 661. SHORT TITLE.
This subtitle may be cited as the ``Naturalization and Family
Protection for Military Members Act of 2003''.
SEC. 662. 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 ``2 years''.
(b) Prohibition on Imposition of Fees Relating to Naturalization.--
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 ``discharge); 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 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.''; 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) 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, interviews, 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 practicable, United States military
installations overseas.
(d) Finalization of Naturalization Proceedings for Members of the
Armed Forces.--Not later than 90 days after the date of 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.
(e) 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''.
SEC. 663. 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. 664. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES,
CHILDREN, AND PARENTS.
(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 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 thereafter), but only if the
alien files a petition under subparagraph (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 death (regardless of
changes in age or marital status thereafter), but only
if the alien files a petition under subparagraph (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
adjustment 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
paragraph 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 section
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)).
(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
paragraph 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 authorization.
(2) Alien described.--An alien is described in this
paragraph 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) Adjustment of Status.--Notwithstanding subsections (a) and (c)
of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255),
an alien physically present in the United States who is the beneficiary
of a petition under paragraph (1), (2)(B), or (3)(B) of subsection (a),
paragraph (1)(B) or (2) of subsection (c), or subsection (d)(1) of this
section, may apply to the Secretary of Homeland Security for adjustment
of status to that of an alien lawfully admitted for permanent
residence.
(f) Waiver of Certain Grounds of Inadmissibility.--In determining
the admissibility of any alien accorded an immigration benefit under
this section, the ground for inadmissibility specified in section
212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))
shall not apply, and notwithstanding any other provision of law, the
Secretary of Homeland Security may waive paragraph (6)(A), (7), and
(9)(B) of section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)) with respect to such an alien if the alien establishes
exceptional and extremely unusual hardship to the alien or the alien's
spouse, parent, or child, who is a citizen of the United States or an
alien lawfully admitted for permanent residence. Any such waiver by the
Secretary of Homeland Security shall be in writing and shall be granted
only on an individual basis following an investigation.
(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
(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. 665. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect as if enacted on September 11, 2001.
TITLE VII--HEALTH CARE
SEC. 701. MEDICAL AND DENTAL SCREENING FOR MEMBERS OF SELECTED RESERVE
UNITS ALERTED FOR MOBILIZATION.
Section 1074a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f)(1) At any time after the Secretary concerned notifies members
of the Ready Reserve that the members are to be called or ordered to
active duty, 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 screening and care authorized under paragraph (1) shall
include screening and care under TRICARE, pursuant to eligibility under
paragraph (3), and continuation of care benefits under paragraph (4).
``(3)(A) Members of the Selected Reserve of the Ready Reserve and
members of the Individual Ready Reserve described in section 10144(b)
of this title are eligible, subject to subparagraph (I), to enroll in
TRICARE.
``(B) A member eligible under subparagraph (A) may enroll for
either of the following types of coverage:
``(i) Self alone coverage.
``(ii) Self and family coverage.
``(C) 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.
``(D) The Secretary of Defense shall provide for at least one open
enrollment period each year. During an open enrollment period, a member
eligible under subparagraph (A) may enroll in the TRICARE program or
change or terminate an enrollment in the TRICARE program.
``(E) A member and the dependents of a member enrolled in the
TRICARE program under this paragraph shall be entitled to the same
benefits under this chapter as a member of the uniformed services on
active duty or a dependent of such a member, respectively. Section
1074(c) of this title shall apply with respect to a member enrolled in
the TRICARE program under this section.
``(F)(i) An enlisted member of the armed forces enrolled in the
TRICARE program under this section shall pay an annual premium of $330
for self-only coverage and $560 for self and family coverage for which
enrolled under this section.
``(ii) An officer of the armed forces enrolled in the TRICARE
program under this section shall pay an annual premium of $380 for
self-only coverage and $610 for self and family coverage for which
enrolled under this section.
``(iii) The premiums payable by a member under this subparagraph
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 payment of premiums by
members not entitled to such basic pay or compensation.
``(iv) Amounts collected as premiums under this subparagraph 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.
``(G) A person who receives health care pursuant to an enrollment
in a TRICARE program option under this paragraph, including a member
who receives such health care, shall be subject to the same
deductibles, copayments, and other nonpremium 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.
``(H) A member enrolled in the TRICARE program under this paragraph
may terminate the enrollment only during an open enrollment period
provided under subparagraph (D), except as provided in subparagraph
(I). An enrollment of a member for self alone or for self and family
under this paragraph shall terminate on the first day of the first
month beginning after the date on which the member ceases to be
eligible under subparagraph (A). The enrollment of a member under this
paragraph may be terminated on the basis of failure to pay the premium
charged the member under this paragraph.
``(I) A member may not enroll in the TRICARE program under this
paragraph while entitled to transitional health care under subsection
(a) of section 1145 of this title or while authorized to receive health
care under subsection (c) of such section. A member who enrolls in the
TRICARE program under this paragraph 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 the enrollment at any time within one year after the date
of the enrollment.
``(J) The Secretary of Defense, in consultation with the other
administering Secretaries, shall prescribe regulations for the
administration of this paragraph.
``(4)(A) The Secretary concerned shall pay the applicable premium
to continue in force any qualified health benefits plan coverage for an
eligible reserve component member for the benefits coverage
continuation period if timely elected by the member in accordance with
regulations prescribed under subparagraph (J).
``(B) A member of a reserve component is eligible for payment of
the applicable premium for continuation of qualified health benefits
plan coverage under subparagraph (A) while serving on active duty
pursuant to a call or order issued under a provision of law referred to
in section 101(a)(13)(B) of this title during a war or national
emergency declared by the President or Congress.
``(C) For the purposes of this paragraph, health benefits plan
coverage for a member called or ordered to active duty is qualified
health benefits plan coverage if--
``(i) the coverage was in force on the date on which the
Secretary notified the member that issuance of the call or
order was pending or, if no such notification was provided, the
date of the call or order;
``(ii) on such date, the coverage applied to the member and
dependents of the member described in subparagraph (A), (D), or
(I) of section 1072(2) of this title; and
``(iii) the coverage has not lapsed.
``(D) The applicable premium payable under this paragraph for
continuation of health benefits plan coverage in the case of a member
is the amount of the premium payable by the member for the coverage of
the member and dependents.
``(E) The total amount that the Department of Defense may pay for
the applicable premium of a health benefits plan for a member under
this paragraph in a fiscal year may not exceed the amount determined by
multiplying--
``(i) the sum of one plus the number of the member's
dependents covered by the health benefits plan, by
``(ii) the per capita cost of providing TRICARE coverage
and benefits for dependents under this chapter for such fiscal
year, as determined by the Secretary of Defense.
``(F) The benefits coverage continuation period under this
paragraph for qualified health benefits plan coverage in the case of a
member called or ordered to active duty is the period that--
``(i) begins on the date of the call or order; and
``(ii) ends on the earlier of the date on which the
member's eligibility for transitional health care under section
1145(a) of this title terminates under paragraph (3) of such
section, or the date on which the member elects to terminate
the continued qualified health benefits plan coverage of the
dependents of the member.
``(G) Notwithstanding any other provision of law--
``(i) any period of coverage under a COBRA continuation
provision (as defined in section 9832(d)(1) of the Internal
Revenue Code of 1986) for a member under this paragraph shall
be deemed to be equal to the benefits coverage continuation
period for such member under this paragraph; and
``(ii) with respect to the election of any period of
coverage under a COBRA continuation provision (as so defined),
rules similar to the rules under section 4980B(f)(5)(C) of such
Code shall apply.
``(H) A dependent of a member who is eligible for benefits under
qualified health benefits plan coverage paid on behalf of a member by
the Secretary concerned under this paragraph is not eligible for
benefits under the TRICARE program during a period of the coverage for
which so paid.
``(I) A member who makes an election under subparagraph (A) may
revoke the election. Upon such a revocation, the member's dependents
shall become eligible for benefits under the TRICARE program as
provided for under this chapter.
``(J) The Secretary of Defense shall prescribe regulations for
carrying out this paragraph. The regulations shall include such
requirements for making an election of payment of applicable premiums
as the Secretary considers appropriate.
``(5) For the purposes of this section, all members of the Ready
Reserve who are to be called or ordered to active duty include all
members of the Ready Reserve.
``(6) The Secretary concerned shall promptly notify all members of
the Ready Reserve that they are eligible for screening and care under
this section.
``(7) A member provided medical or dental screening or care under
paragraph (1) may not be charged for the screening or care.''.
SEC. 702. TRICARE BENEFICIARY COUNSELING AND ASSISTANCE COORDINATORS
FOR RESERVE COMPONENT BENEFICIARIES.
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''.
SEC. 703. EXTENSION OF AUTHORITY TO ENTER INTO PERSONAL SERVICES
CONTRACTS FOR HEALTH CARE SERVICES TO BE PERFORMED AT
LOCATIONS OUTSIDE MEDICAL TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is amended by
striking ``December 31, 2003'' and inserting ``December 31, 2008''.
SEC. 704. DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE
FUND VALUATIONS AND CONTRIBUTIONS.
(a) Separate Periodic Actuarial Valuation for Single Uniformed
Service.--Section 1115(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6) The Secretary of Defense may determine a single level dollar
amount under subparagraph (A) or (B) of paragraph (1) for each or any
of the participating uniformed services separately from the other
participating uniformed services if the Secretary determines that a
more accurate and appropriate actuarial valuation under such
subparagraph would be achieved by doing so.''.
(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
subsection (b):
``(b) If an actuarial valuation referred to in paragraph (1) or (2)
of subsection (a) has been calculated in a single level dollar amount
for a participating uniformed service separately from the other
participating uniformed services under section 1115(c)(6) of this
title, the administering Secretary for the department 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) Technical Correction.--Section 1115(c)(1)(B) of such title is
amended by striking ``and other than members'' and inserting ``(other
than members''
(d) 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. 705. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD.
(a) Requirement for Surveys.--(1) The Secretary of Defense shall
conduct surveys in the TRICARE Standard market areas in the continental
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 continental United States each fiscal year
after fiscal year 2003 until all such market areas in the continental
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 Secretary
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 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 provider
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 accepting TRICARE Standard
beneficiaries as patients under TRICARE Standard in each
TRICARE market area; 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
subsection (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 Standard 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.
(vi) An assessment of the adequacy of information 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
payment rates to attract participation in TRICARE Standard by
appropriate numbers of health care providers.
(d) Definition.--In this section, 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.
SEC. 706. ELIMINATION OF LIMITATION ON COVERED BENEFICIARIES'
ELIGIBILITY TO RECEIVE HEALTH CARE SERVICES FROM FORMER
PUBLIC HEALTH SERVICE TREATMENT FACILITIES.
Section 724(d) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended by
striking ``who--'' and all that follows through ``(2) are enrolled''
and inserting ``who are enrolled''.
SEC. 707. MODIFICATION OF STRUCTURE AND DUTIES OF DEPARTMENT OF
VETERANS AFFAIRS-DEPARTMENT OF DEFENSE HEALTH EXECUTIVE
COMMITTEE.
(a) In General.--Subsection (c) of section 8111 of title 38, United
States Code, is amended to read as follows:
``(c) DOD-VA Joint Executive Committee.--(1) There is established
an interagency committee to be known as the Department of Veterans
Affairs-Department of Defense Joint Executive Committee (hereinafter in
this section referred to as the `Committee').
``(2) The Committee shall be composed of--
``(A) the Deputy Secretary of Veterans Affairs and such
other officers and employees of the Department as the Secretary
may designate; and
``(B) the Under Secretary of Defense for Personnel and
Readiness and such other officers and employees of the
Department of Defense as the Secretary of Defense may
designate.
``(3)(A) The Deputy Secretary and the Under Secretary shall
determine the size and structure of the Committee, except that the
Committee shall have subordinate committees as follows:
``(i) A Health Executive Committee.
``(ii) A Benefits Executive Committee.
``(iii) Such other subordinate committees as the Deputy
Secretary and the Under Secretary consider appropriate.
``(B) The Deputy Secretary and the Under Secretary shall establish
the administrative and procedural guidelines for the operation of the
Committee.
``(C) The two Departments shall supply staff and resources to the
Committee in order to provide such administrative support and services
for the Committee as are necessary for the efficient operation of the
Committee.
``(4) The Committee shall recommend to the Secretaries strategic
direction for the joint coordination and sharing of efforts between and
within the two Departments under this section, and shall oversee
implementation of such coordination and efforts.
``(5) In order to enable the Committee to make recommendations
under paragraph (4) in its annual report under paragraph (6), the
Committee shall--
``(A) review existing policies, procedures, and practices
relating to the coordination and sharing of health care
resources and other resources between the two Departments;
``(B) identify changes in policies, procedures, and
practices that, in the judgment of the Committee, would promote
mutually beneficial coordination, use, or exchange of use of
services and health care resources and other resources of the
two Departments in order to achieve the goal of improving the
quality, efficiency, and effectiveness of the delivery of
benefits and services to veterans, members of the Armed Forces,
military retirees, and their families through an enhanced
partnership between the two Departments;
``(C) identify and assess further opportunities for
coordination and collaboration between the two 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;
``(D) review the plans of both agencies for the acquisition
of additional health care resources and other 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 such
resources; and
``(E) review the implementation of activities designed to
promote the coordination and sharing of health care resources
and other resources between the two Departments.
``(6) The Committee shall submit to the Secretaries, and to
Congress, each year a report containing such recommendations as the
Committee considers appropriate, including recommendations in light of
activities under paragraph (5).''.
(b) Conforming Amendment.--Subsection (e)(1) of such section is
amended by striking ``subsection (c)(2)'' and inserting ``subsection
(c)(4)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003, as if included in the amendments to section
8111 of title 38, United States Code, made by section 721 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 116 Stat. 2589), to which the amendments made by this
section relate.
(d) Integrated Healing Care Practices.--(1) The Secretary of
Defense and the Secretary of Veterans Affairs may, acting through the
Department of Veterans Affairs-Department of Defense Joint Executive
Committee, conduct a program to develop and evaluate integrated healing
care practices for members of the Armed Forces and veterans.
(2) Amounts authorized to be appropriated by section 301(21) for
the Defense Health Program may be available for the program under
paragraph (1).
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.''.
SEC. 709. REIMBURSEMENT OF COVERED BENEFICIARIES FOR CERTAIN 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) Specialty Care Providers.--For purposes of subsection (a),
the term `specialty care provider' includes a dental specialist
(including an oral surgeon, orthodontist, prosthodontist, periodontist,
endodontist, or pediatric dentist).''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO FACILITATE
DEFENSE AGAINST OR RECOVERY FROM TERRORISM OR NUCLEAR,
BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK.
(a) Extension of Authority.--Section 836(a) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1192; 10 U.S.C. 2302 note) is amended by striking ``fiscal year 2002
and 2003'' and inserting ``fiscal years 2002, 2003, 2004, and 2005''.
(b) Expanded Scope.--Such section 836(a) is further amended--
(1) in paragraph (1), by striking ``the defense against
terrorism or biological or chemical attack'' and inserting
``defense against or recovery from terrorism or nuclear,
biological, chemical, or radiological attack''; and
(2) in paragraph (2), by striking ``the defense against
terrorism or biological attack'' and inserting ``defense
against or recovery from terrorism or nuclear, biological,
chemical, or radiological attack''.
(c) Conforming Amendment.--The heading for such section is amended
to read as follows:
``SEC. 836. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO FACILITATE
DEFENSE AGAINST OR RECOVERY FROM TERRORISM OR NUCLEAR,
BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK.''
SEC. 802. SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.
(a) Authority.--The Secretary of Defense may settle any financial
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 section.
(d) Termination of Authority.--A financial account may not be
settled under this section after September 30, 2006.
SEC. 803. DEFENSE ACQUISITION PROGRAM MANAGEMENT FOR USE OF RADIO
FREQUENCY SPECTRUM.
(a) Revision of Department of Defense Directive.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Defense shall revise and reissue Department 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.
(b) Acquisition Program Requirements.--The Secretary of Defense
shall--
(1) require that each military department or Defense Agency
carrying out a program for the acquisition of a system that is
to use the radio frequency spectrum consult with the official
or board designated under subsection (c) on the usage of the
spectrum by the system as early as practicable during the
concept exploration and technology development phases of the
acquisition program;
(2) prohibit the program from proceeding into system
development and demonstration, or otherwise obtaining
production or procuring any unit of the system, until--
(A) an evaluation of the proposed radio frequency
spectrum usage by the system is completed in accordance
with requirements prescribed by the Secretary; and
(B) the designated official or board reviews and
approves the proposed usage of the spectrum by the
system; and
(3) prescribe a procedure for waiving the prohibition
imposed under paragraph (2) in any case in which it is
determined necessary to do so in the national security
interests of the United States.
(c) Designation of Official or Board.--The Secretary of Defense
shall designate an appropriate official or board of the Department of
Defense to perform the functions described for the official or board in
subsection (b).
SEC. 804. NATIONAL SECURITY AGENCY MODERNIZATION PROGRAM.
(a) Responsibilities of Under Secretary of Defense for Acquisition,
Technology, and Logistics.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall--
(1) direct and manage the acquisitions under the National
Security Agency Modernization Program; and
(2) designate the projects under such program as major
defense acquisition programs.
(b) Projects Comprising Program.--The National Security Agency
Modernization Program includes 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 that--
(A) meets either of the dollar threshold
requirements set forth in subsection (a)(2) of section
2430 of title 10, United States Code (as adjusted under
subsection (b) of such section); and
(B) is determined by the Under Secretary of Defense
for Acquisition, Technology, and Logistics as being a
modernization project of the National Security Agency.
(c) Milestone Decision Authority.--(1) In the administration of
subsection (a), the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall exercise the milestone decision
authority for--
(A) each major defense acquisition program under the
National Security Agency Modernization Program, as designated
under subsection (a)(2); and
(B) the acquisition of each major system under the National
Security Agency Modernization Program, as described in
subsection (d).
(2) The Under Secretary may not delegate the milestone decision
authority to any other official before October 1, 2006.
(3) The Under Secretary may delegate the milestone decision
authority to the Director of the National Security Agency at any time
after the later of September 30, 2006, or the date on which the
following conditions are satisfied:
(A) The Under Secretary has determined that the Director
has implemented acquisition management policies, procedures,
and practices that are sufficiently mature to ensure that
National Security Agency acquisitions are conducted in a manner
consistent with a sound, efficient acquisition enterprise.
(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.
(C) The Secretary of Defense has approved the delegation.
(D) The Under Secretary has transmitted to the Committees
on Armed Services of the Senate and the House of
Representatives, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives a notification of the intention to
delegate the authority, together with a detailed discussion of
the justification for the delegation of authority.
(d) Major System Defined.--In this section, the term ``major
system'' means a system that meets either of the dollar threshold
requirements set forth in paragraph (1) or (2) of subsection (a) of
section 2302d of title 10, United States Code (as adjusted under
subsection (c) of such section).
SEC. 805. QUALITY CONTROL IN PROCUREMENT OF AVIATION CRITICAL SAFETY
ITEMS AND RELATED SERVICES.
(a) Quality Control Policy.--The Secretary of Defense shall
prescribe a quality control policy for the procurement of aviation
critical safety items and the procurement of modifications, repair, and
overhaul of such items.
(b) Content of Policy.--The policy 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 aviation critical safety items and modifications,
repair, and overhaul of such items.
(2) That the head of the contracting activity for an
aviation critical safety item enter into a contract for 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, except for any requirement
determined unnecessary by the Secretary of Defense in writing.
(c) Definitions.--In this section, the terms ``aviation critical
safety item'' and ``design control activity'' have the meanings given
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 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, an uncommanded engine shutdown that jeopardizes
safety, or the failure of a military mission.
``(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.''.
Subtitle B--Procurement of Services
SEC. 811. EXPANSION AND EXTENSION OF INCENTIVE FOR USE OF PERFORMANCE-
BASED CONTRACTS IN PROCUREMENTS OF SERVICES.
(a) Increased Maximum Amount of Procurement Eligible for Commercial
Items Treatment.--Paragraph (1)(A) of section 821(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-218; 10 U.S.C.
2302 note) is amended by striking ``$5,000,000'' and inserting
`$10,000,000''.
(b) Extension of Authority.--Paragraph (4) of such section 821(b)
is amended by striking ``more than 3 years after the date of the
enactment of this Act'' and inserting ``after October 30, 2006''.
SEC. 812. PUBLIC-PRIVATE COMPETITIONS FOR THE PERFORMANCE OF DEPARTMENT
OF DEFENSE FUNCTIONS.
(a) Pilot Program for Best Value Source Selection for the
Performance of Information Technology Services.--
(1) Authority.--The Secretary of Defense may carry out a
pilot program for use of a best value criterion in the
selection of sources for performance of information technology
services for the Department of Defense.
(2) Conversion to private sector performance.--(A) Under
the pilot program, an analysis of the performance of an
information technology services function for the Department of
Defense under section 2461(b)(3) of title 10, United States
Code, shall include an examination of the performance of the
function by Department of Defense civilian employees and by one
or more private contractors to demonstrate whether change to
performance by the private sector will result in the best value
to the Government over the life of the contract, including in
the examination the following:
(i) The cost to the Government, estimated by the
Secretary of Defense (based on offers received), for
performance of the function by the private sector.
(ii) The estimated cost to the Government of
Department of Defense civilian employees performing the
function.
(iii) Benefits in addition to price that warrant
performance of the function by a particular source at a
cost higher than that of performance by Department of
Defense civilian employees.
(iv) In addition to the cost referred to in clause
(i), an estimate of all other costs and expenditures
that the Government would incur because of the award of
such a contract.
(B) Under the pilot program, subparagraph (A) of such
section 2461(b)(3) shall not apply to an analysis of the
performance of an information technology services function for
the Department of Defense.
(3) Contracting for information technology services.--(A)
Under the pilot program, except as otherwise provided by law,
the Secretary shall procure information technology services
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
performed by military or Government personnel) from a source in
the private sector if performance by that source represents the
best value to the United States, determined in accordance with
the competition requirements of Office of Management and Budget
Circular A-76.
(B) Under the pilot program, section 2462(a) of title 10,
United States Code, shall not apply to a procurement described
in paragraph (1).
(4) Duration of pilot program.--(A) The period for which
the pilot program may be carried out under this subsection
shall be fiscal years 2004 through 2008.
(B) An analysis commenced under the pilot program in
accordance with paragraph (2), and a procurement for which a
solicitation has been issued in accordance with paragraph (3),
before the end of the pilot program period may be continued in
accordance with paragraph (2) or (3), respectively, after the
end of such period.
(5) GAO review.--(A) The Comptroller General shall review
the administration of any pilot program carried out under this
subsection to assess the extent to which the 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.
(B) Not later than February 1, 2008, the Comptroller
General shall submit to the congressional defense committees a
report on the review of the program under subparagraph (A). The
report shall include the Comptroller General's assessment of
the matters required under that subparagraph and any other
conclusions resulting from the review.
(6) Information technology services defined.--In this
subsection, the term ``information technology service'' means
any service performed in the operation or maintenance of
information technology (as defined in section 11101 of title
40, United States Code).
(b) Resources-Based Schedules for Completion of Public-Private
Competitions.--
(1) Application of timeframes.--Any interim or final
deadline or other schedule-related milestone for the completion
of a Department 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 technical resources to the Department
of Defense to carry out such competition in a timely manner.
(2) Extension of timeframes.--Any interim or final deadline
or other schedule-related milestone established (consistent
with paragraph (1)) for the completion of a Department of
Defense public-private competition shall be extended if the
Department of Defense official responsible for managing the
competition determines under procedures prescribed by the
Secretary of Defense that the personnel, training, or technical
resources available to the Department of Defense to carry out
such competition timely are insufficient.
SEC. 813. AUTHORITY TO ENTER INTO PERSONAL SERVICES CONTRACTS.
(a) Authority.--Chapter 141 of title 10, United States Code, is
amended by inserting after section 2396 the following new section:
``Sec. 2397. Personal services: procurement by certain elements of the
Department of Defense
``(a) Authority.--The head of an element of the Department of
Defense referred to in subsection (b) may enter into a contract for the
procurement of services described in section 3109 of title 5 that are
necessary to carry out a mission of that element without regard to the
limitations in such section if the head of that element determines in
writing that the services to be procured are unique and that it would
not be practicable to obtain such services by other means.
``(b) Applicability.--Subsection (a) applies to--
``(1) any element of the Department of Defense within the
intelligence community, as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)); and
``(2) the United States Special Operations Command, with
respect to special operations activities described in
paragraphs (1), (2), (3), and (4) of section 167(j) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2396 the following new item:
``2397. Personal services: procurement by certain elements of the
Department of Defense.''.
Subtitle C--Major Defense Acquisition Programs
SEC. 821. 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, 2007''.
(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 Contracts.--Such
section, as amended by subsection (a), is further amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Pilot Program for Transition to Follow-on Contracts.--(1) The
Secretary of Defense is authorized to carry out a pilot program for
follow-on contracting for the production of items or processes that are
developed by nontraditional defense contractors 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
subsection shall terminate on September 30, 2007. The termination of
the authority shall not affect the validity of contracts or
subcontracts that are awarded or modified during the period of the
pilot program, without regard to whether the contracts or subcontracts
are performed during the period.''.
SEC. 822. APPLICABILITY OF CLINGER-COHEN ACT POLICIES AND REQUIREMENTS
TO EQUIPMENT INTEGRAL TO A WEAPON OR WEAPON SYSTEM.
(a) In General.--(1) Chapter 131 of title 10, United States Code,
is amended by inserting after section 2223 the following:
``Sec. 2223a. Acquisition of equipment integral to a weapon or a weapon
system: applicability of certain acquisition reform
authorities and information technology-related
requirements
``(a) Board of Senior Acquisition Officials.--(1) The Secretary of
Defense shall establish a board of senior acquisition officials to
administer the implementation of the policies and requirements of
chapter 113 of title 40 in procurements of information technology
equipment determined by the Secretary as being an integral part of a
weapon or a weapon system.
``(2) The Board shall be composed of the following officials:
``(A) Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall be the Chairman.
``(B) The acquisition executive of each of the military
departments.
``(C) The Chief Information Officer of the Department of
Defense.
``(c) Responsibilities of Board.--The Board shall be responsible
for ensuring that--
``(1) the acquisition of information technology equipment
determined by the Secretary of Defense as being an integral
part of a weapon or a weapon system is conducted in a manner
that is consistent with the capital planning, investment
control, and performance and results-based management processes
and requirements provided under sections 11302, 11303, 11312,
and 11313 of title 40, to the extent that such processes
requirements are applicable to the acquisition of such
equipment;
``(2) issues of spectrum availability, interoperability,
and information security are appropriately addressed in the
development of weapons and weapon systems; and
``(3) in the case of information technology equipment that
is to be incorporated into a weapon or a weapon system under a
major defense acquisition program, the information technology
equipment is incorporated in a manner that is consistent with--
``(A) the planned approach to applying certain
provisions of law to major defense acquisition programs
following the evolutionary acquisition process that the
Secretary of Defense reported to Congress under section
802 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2602);
``(B) the acquisition policies that apply to spiral
development programs under section 803 of such Act (116
Stat. 2603; 10 U.S.C. 2430 note); and
``(C) the software acquisition processes of the
military department or Defense Agency concerned under
section 804 of such Act (116 Stat. 2604; 10 U.S.C. 2430
note).
``(d) Inapplicability of Other Laws.--The following provisions of
law do not apply to information technology equipment that is determined
by the Secretary of Defense as being an integral part of a weapon or a
weapon system:
``(1) Section 11315 of title 40.
``(2) The policies and procedures established under section
11316 of title 40.
``(3) Subsections (d) and (e) of section 811 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-211), and the requirements and prohibitions that are
imposed by Department of Defense Directive 5000.1 pursuant to
subsections (b) and (c) of such section.
``(4) Section 351 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2516; 10 U.S.C. 221 note).
``(e) Definitions.--In this section:
``(1) The term `acquisition executive', with respect to a
military department, means the official who is designated as
the senior procurement executive of the military department
under section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3)).
``(2) The term `information technology' has the meaning
given such term in section 11101 of title 40.
``(3) The term `major defense acquisition program' has the
meaning given such term in section 2430 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2223 the
following new item:
``2223a. Acquisition of equipment integral to a weapon or a weapon
system: applicability of certain
acquisition reform authorities and
information technology-related
requirements.''.
(b) Conforming Amendment.--Section 2223 of such title is amended by
adding at the end the following new subsection:
``(c) Equipment Integral to a Weapon or Weapon System.--(1) In the
case of information technology equipment determined by the Secretary of
Defense as being an integral part of a weapon or a weapon system, the
responsibilities under this section shall be performed by the board of
senior acquisition officials established pursuant to section 2223a of
this title.
``(2) In this subsection, the term `information technology' has the
meaning given such term in section 11101 of title 40.''.
SEC. 823. APPLICABILITY OF REQUIREMENT FOR REPORTS ON MATURITY OF
TECHNOLOGY AT INITIATION OF MAJOR DEFENSE ACQUISITION
PROGRAMS.
Section 804(a) of the National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-107; 115 Stat. 1180) is amended by striking
``, as in effect on the date of enactment of this Act,'' and inserting
``(as in effect on the date of the enactment of this Act), and the
corresponding provision of any successor to such Instruction,''.
Subtitle D--Domestic Source Requirements
SEC. 831. EXCEPTIONS TO BERRY AMENDMENT FOR CONTINGENCY OPERATIONS AND
OTHER URGENT SITUATIONS.
Section 2533a(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``or contingency
operations'' after ``in support of combat operations''; and
(2) by adding at the end the following new paragraph:
``(4) Procurements for which the use of procedures other
than competitive procedures has been approved on the basis of
section 2304(c)(2) of this title, relating to unusual and
compelling urgency of need.''.
SEC. 832. INAPPLICABILITY OF BERRY AMENDMENT TO PROCUREMENTS OF WASTE
AND BYPRODUCTS OF COTTON AND WOOL FIBER FOR USE IN THE
PRODUCTION OF PROPELLANTS 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. 833. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT REQUIREMENTS.
(a) Authority.--Subchapter V of chapter 148 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2539c. Waiver of domestic source or content requirements
``(a) Authority.--Except as provided in subsection (f), the
Secretary of Defense may waive the application of any domestic source
requirement or domestic content requirement referred to in subsection
(b) and thereby authorize the procurement of items that are grown,
reprocessed, reused, produced, or manufactured--
``(1) in a foreign country that has a Declaration of
Principles with the United States;
``(2) in a foreign country that has a Declaration of
Principles with the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a Declaration of Principles with the United States; or
``(3) in the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a Declaration of Principles with the United States.
``(b) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
``(c) Applicability.--The authority of the Secretary to waive the
application of a domestic source or content requirements under
subsection (a) applies to the procurement of items for which the
Secretary of Defense determines that--
``(1) application of the requirement would impede the
reciprocal procurement of defense items under a Declaration of
Principles with the United States; and
``(2) such country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items produced
in that country.
``(d) Limitation on Delegation.--The authority of the Secretary to
waive the application of domestic source or content requirements under
subsection (a) may not be delegated to any officer or employee other
than the Under Secretary of Defense for Acquisition, Technology and
Logistics.
``(e) Consultations.--The Secretary may grant a waiver of the
application of a domestic source or content requirement under
subsection (a) only after consultation with the United States Trade
Representative, the Secretary of Commerce, and the Secretary of State.
``(f) Laws Not Waivable.--The Secretary of Defense may not exercise
the authority under subsection (a) to waive any domestic source or
content requirement contained in any of the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(g) Relationship to Other Waiver Authority.--The authority under
subsection (a) to waive a domestic source requirement or domestic
content requirement is in addition to any other authority to waive such
requirement.
``(h) Construction With Respect to Later Enacted Laws.--This
section may not be construed as being inapplicable to a domestic source
requirement or domestic content requirement that is set forth in a law
enacted after the enactment of this section solely on the basis of the
later enactment.
``(i) Declaration of Principles.--(1) In this section, the term
`Declaration of Principles' means a written understanding between the
Department of Defense and its counterpart in a foreign country
signifying a cooperative relationship between the Department and its
counterpart to standardize or make interoperable defense equipment used
by the armed forces and the armed forces of the foreign country across
a broad spectrum of defense activities, including--
``(A) harmonization of military requirements and
acquisition processes;
``(B) security of supply;
``(C) export procedures;
``(D) security of information;
``(E) ownership and corporate governance;
``(F) research and development;
``(G) flow of technical information; and
``(H) defense trade.
``(2) A Declaration of Principles is underpinned by a memorandum of
understanding or other agreement providing for the reciprocal
procurement of defense items between the United States and the foreign
country concerned without unfair discrimination in accordance with
section 2531 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2539b the following new item:
``2539c. Waiver of domestic source or content requirements.''.
SEC. 834. 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 manufactured by such a
manufacturer''.
Subtitle E--Defense Acquisition and Support Workforce
SEC. 841. FLEXIBILITY FOR MANAGEMENT OF THE DEFENSE ACQUISITION AND
SUPPORT WORKFORCE.
(a) Management Structure.--(1) Sections 1703, 1705, 1706, and 1707
of title 10, United States Code, are repealed.
(2) Section 1724(d) of such title is amended--
(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.
(3) Section 1732(b) of such title is amended--
(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
certified by the acquisition career program board of the
employing military department as possessing'' and inserting
``possess''.
(4) Section 1732(d) of such title is amended--
(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''.
(5) Section 1734(d) of such title is amended--
(A) in subsection (d)--
(i) by striking paragraph (2); and
(ii) in paragraph (3), by striking the second
sentence; and
(B) in subsection (e)(2), by striking ``, by the
acquisition career program board of the department
concerned,''.
(6) Section 1737(c) of such title is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1) The Secretary'' and inserting ``The
Secretary''.
(b) Elimination of Role of Office of Personnel Management.--(1)
Section 1725 of such title is repealed.
(2) Section 1731 of such title is amended by striking subsection
(c).
(3) Section 1732(c)(2) of such title is amended by striking the
second and third sentences.
(4) Section 1734(g) of such title is amended--
(A) by striking paragraph (2); and
(B) in paragraph (1) by striking ``(1) The Secretary'' and
inserting ``The Secretary''.
(5) Section 1737 of such title is amended by striking subsection
(d).
(6) 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''.
(c) Single Acquisition Corps.--(1) Section 1731 of such title is
amended--
(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) Sections 1732(a), 1732(e)(1), 1732(e)(2), 1733(a), 1734(e)(1),
and 1737(a)(1) of such title are amended by striking ``an Acquisition
Corps'' and inserting ``the Acquisition Corps''.
(3) Section 1734 of such title is amended--
(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 assignments of
civilian and military personnel of that military department who
are members of the Acquisition Corps''.
(d) Consolidation of Certain Education and Training Program
Requirements.--(1) Section 1742 of such title is amended to read as
follows:
``Sec. 1742. Internship, cooperative education, and scholarship
programs
``The Secretary of Defense shall conduct the following education
and training programs:
``(1) An intern program for purposes of providing highly
qualified and talented individuals an opportunity for
accelerated 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.''.
(2) Sections 1743 and 1744 of such title are repealed.
(e) General Management Provisions.--Subchapter V of chapter 87 of
such title is amended--
(1) by striking section 1763; and
(2) by adding at the end the following new section 1764:
``Sec. 1764. Authority to establish different minimum requirements
``(a) Authority.--(1) The Secretary of Defense may prescribe a
different minimum number of years of experience, different minimum
education qualifications, and different tenure of service
qualifications to be required for eligibility for appointment or
advancement 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.''.
(f) Clerical Amendments.--(1) The table of sections at the
beginning of subchapter I of chapter 87 of title 10, United States
Code, 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 of such
chapter is amended by striking the item relating to section 1725.
(3) The table of sections at the beginning of subchapter IV of such
chapter 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 of such
chapter is amended by striking the item relating to section 1763 and
inserting the following:
``1764. Authority to establish different minimum requirements.''.
SEC. 842. LIMITATION AND REINVESTMENT AUTHORITY RELATING TO REDUCTION
OF THE DEFENSE ACQUISITION AND SUPPORT WORKFORCE.
(a) Limitation.--Notwithstanding any other provision of law, the
defense acquisition and support workforce may not be reduced, during
fiscal years 2004, 2005, and 2006, below the level of that workforce as
of September 30, 2002, determined on the basis of full-time equivalent
positions, except as may be necessary to strengthen the defense
acquisition and support workforce in higher priority positions in
accordance with this section.
(b) Workforce Flexibility.--During fiscal years 2004, 2005, and
2006, the Secretary of Defense may realign any part of the defense
acquisition and support workforce to support reinvestment in other,
higher priority positions in such workforce.
(c) Higher Priority Positions.--For the purposes of this section,
higher priority positions in the defense acquisition and support
workforce include the following positions:
(1) Positions the responsibilities of which include
drafting performance-based work statements for services
contracts and overseeing the performance of contracts awarded
pursuant to such work statements.
(2) Positions the responsibilities of which include
conducting spending analyses, negotiating company-wide pricing
agreements, and taking other measures to reduce contract costs.
(3) Positions the responsibilities of which include
reviewing contractor quality control systems, assessing and
analyzing quality deficiency reports, and taking other measures
to improve product quality.
(4) Positions the responsibilities of which include
effectively conducting public-private competitions in
accordance with Office of Management and Budget Circular A-76.
(5) Any other positions in the defense acquisition and
support workforce that the Secretary identifies as being higher
priority positions that are staffed at levels not likely to
ensure efficient and effective performance of all of the
responsibilities of those positions.
(d) Defense Acquisition and Support Workforce Defined.--In this
section, the term ``defense acquisition and support workforce'' means
members of the Armed Forces and civilian personnel who are assigned to,
or are employed in, an organization of the Department of Defense that
has acquisition as its predominant mission, as determined by the
Secretary of Defense.
SEC. 843. CLARIFICATION AND REVISION OF AUTHORITY FOR DEMONSTRATION
PROJECT RELATING TO CERTAIN ACQUISITION PERSONNEL
MANAGEMENT POLICIES AND PROCEDURES.
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
``(ii) at least two-thirds of the workforce
participating in the demonstration project
consists of members of the acquisition
workforce and supporting personnel 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'' in subsection
(d) 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 paragraph
(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 subparagraph (A) of
such paragraph (3) as a result of a reorganization, restructuring,
realignment, consolidation, or other organizational change.''.
Subtitle F--Federal Support for Procurement of Anti-Terrorism
Technologies and Services by State and Local Governments
SEC. 851. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE AND LOCAL
GOVERNMENT CONTRACTORS.
(a) Authority.--Subject to the limitations of subsection (b), the
President may exercise the discretionary authority under Public Law 85-
804 (50 U.S.C. 1431 et seq.) so as to provide under such law for
indemnification of contractors and subcontractors in procurements by
States or units of local government of an anti-terrorism technology or
an anti-terrorism service for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of terrorism.
(b) Limitations.--Any authority that is delegated by the President
under subsection (a) to the head of a Federal agency to provide for the
indemnification of contractors and subcontractors under Public Law 85-
804 (50 U.S.C. 1431 et seq.) for procurements by States or units of
local government may be exercised only--
(1) in the case of a procurement by a State or unit of
local government that--
(A) is made under a contract awarded pursuant to
section 852; and
(B) is approved, in writing, for the provision of
indemnification by the President or the official
designated by the President under section 852(a); and
(2) with respect to--
(A) amounts of losses or damages not fully covered
by private liability insurance and State or local
government-provided indemnification; and
(B) liabilities of a contractor or subcontractor
not arising out of willful misconduct or lack of good
faith on the part of the contractor or subcontractor,
respectively.
SEC. 852. 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 Through Federal Contracts.--
(1) Establishment of program.--The President shall
designate an officer or employee of the United States--
(A) to establish, and the designated official shall
establish, a program under which States and units of
local government may procure through contracts entered
into by the designated official anti-terrorism
technologies or anti-terrorism services for the purpose
of preventing, detecting, identifying, otherwise
deterring, or recovering from acts of terrorism; and
(B) to carry out the SAFER grant program provided
for under subsection (f).
(2) Designated federal procurement official for program.--
In this section, the officer or employee designated by the
President under paragraph (1) shall be referred to as the
``designated Federal procurement official''.
(3) Authorities.--Under the program, the designated Federal
procurement official--
(A) may, but shall not be required to, award
contracts using the same authorities as are provided to
the Administrator of General Services under section
309(b)(3) of the Federal Property and Administrative
Services Act (41 U.S.C. 259(b)(3)); and
(B) may make SAFER grants in accordance with
subsection (f).
(4) Offers not required to state and local governments.--A
contractor that sells anti-terrorism technology or anti-
terrorism services to the Federal Government may not be
required to offer such technology or services to a State or
unit of local government under the program.
(b) Responsibilities of the Contracting Official.--In carrying out
the program established under this section, the designated Federal
procurement official shall--
(1) produce and maintain a catalog of anti-terrorism
technologies and anti-terrorism services suitable for
procurement by States and units of local government under this
program; and
(2) establish procedures in accordance with subsection (c)
to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local government
under contracts awarded by the designated official.
(c) Required Procedures.--The procedures required by subsection
(b)(2) shall implement the following requirements and authorities:
(1) Submissions by states.--
(A) Requests and payments.--Except as provided in
subparagraph (B), each State desiring to participate in
a procurement of anti-terrorism technologies or anti-
terrorism services through a contract entered into by
the designated Federal procurement official under this
section shall submit to that official in such form and
manner and at such times as such official prescribes,
the following:
(i) Request.--A request consisting of an
enumeration of the technologies or services,
respectively, that are desired by the State and
units of local government within the State.
(ii) Payment.--Advance payment for each
requested technology or service in an amount
determined by the designated official based on
estimated or actual costs of the technology or
service and administrative costs incurred by
such official.
(B) Other contracts.--The designated Federal
procurement official may award and designate contracts
under which States and units of local government may
procure anti-terrorism technologies and anti-terrorism
services directly from the contractors. No
indemnification may be provided under Public Law 85-804
pursuant to an exercise of authority under section 851
for procurements that are made directly between
contractors and States or units of local government.
(2) Permitted catalog technologies and services.--A State
may include in a request submitted under paragraph (1) only a
technology or service listed in the catalog produced under
subsection (b)(1).
(3) Coordination of local requests within state.--The
Governor of a State may establish such procedures as the
Governor considers appropriate for administering and
coordinating requests for anti-terrorism technologies or anti-
terrorism services from units of local government within the
State.
(4) Shipment and transportation costs.--A State requesting
anti-terrorism technologies or anti-terrorism services shall be
responsible for arranging and paying for any shipment or
transportation of the technologies or services, respectively,
to the State and localities within the State.
(d) Reimbursement of Actual Costs.--In the case of a procurement
made by or for a State or unit of local government under the procedures
established under this section, the designated Federal procurement
official shall require the State or unit of local government to
reimburse the Department for the actual costs it has incurred for such
procurement.
(e) Time for Implementation.--The catalog and procedures required
by subsection (b) of this section shall be completed as soon as
practicable and no later than 210 days after the enactment of this Act.
(f) SAFER Grant Program.--
(1) Authority.--The designated Federal procurement
official, in cooperation with the Secretary of the Department
of Homeland Security or his designee, is authorized to make
grants to eligible entities for the purpose of supporting
increases in the number of permanent positions for firefighters
in fire services to ensure staffing at levels and with skill
mixes that are adequate emergency response to incidents or
threats of terrorism.
(2) Use of funds.--The proceeds of a SAFER grant to an
eligible entity may be used only for the purpose specified in
paragraph (1).
(3) Duration.--A SAFER grant to an eligible entity shall
provide funding for a period of 4 years. The proceeds of the
grant shall be disbursed to the eligible entity in 4 equal
annual installments.
(4) Non-federal share.--
(A) Requirement.--An eligible entity may receive a
SAFER grant only if the entity enters into an agreement
with the designated Federal procurement official to
contribute non-Federal funds to achieve the purpose of
the grant in the following amounts:
(i) During the second year in which funds
of a SAFER grant are received, an amount equal
to 25 percent of the amount of the SAFER grant
funds received that year.
(ii) During the third year in which funds
of a SAFER grant are received, an amount equal
to 50 percent of the amount of the SAFER grant
funds received that year.
(iii) During the fourth year in which funds
of a SAFER grant are received, an amount equal
to 75 percent of the amount of the SAFER grant
funds received that year.
(B) Waiver.--The designated Federal procurement
official may waive the requirement for a non-Federal
contribution described in subparagraph (A) in the case
of any eligible entity.
(C) Asset forfeiture funds.--An eligible entity may
use funds received from the disposal of property
transferred to the eligible entity pursuant to section
9703(h) of title 31, United States Code, section 981(e)
of title 18, United States Code, or section 616 of the
Tariff Act of 1930 (19 U.S.C. 1616a) to provide the
non-Federal share required under paragraph (1).
(D) BIA funds.--Funds appropriated for the
activities of any agency of a tribal organization or
for the Bureau of Indian Affairs to perform
firefighting functions on any Indian lands may be used
to provide the share required under subparagraph (A),
and such funds shall be deemed to be non-Federal funds
for such purpose.
(5) Applications.--
(A) Requirement.--To receive a SAFER grant, an
eligible entity shall submit an application for the
grant to the designated Federal procurement official.
(B) Content.--Each application for a SAFER grant
shall contain, for each fire service covered by the
application, the following information:
(i) A long-term strategy for increasing the
force of firefighters in the fire service to
ensure readiness for appropriate and effective
emergency response to incidents or threats of
terrorism.
(ii) A detailed plan for implementing the
strategy that reflects consultation with
community groups, consultation with appropriate
private and public entities, and consideration
of any master plan that applies to the eligible
entity.
(iii) An assessment of the ability of the
eligible entity to increase the force of
firefighters in the fire service without
Federal assistance.
(iv) An assessment of the levels of
community support for increasing that force,
including financial and in-kind contributions
and any other available community resources.
(v) Specific plans for obtaining necessary
support and continued funding for the
firefighter positions proposed to be added to
the fire service with SAFER grant funds.
(vi) An assurance that the eligible entity
will, to the extent practicable, seek to
recruit and employ (or accept the voluntary
services of) firefighters who are members of
racial and ethnic minority groups or women.
(vii) Any additional information that the
designated Federal procurement official
considers appropriate.
(C) Special rule for small communities.--The
designated Federal procurement official may authorize
an eligible entity responsible for a population of less
than 50,000 to submit an application without
information required under subparagraph (B), and may
otherwise make special provisions to facilitate the
expedited submission, processing, and approval of an
application by such an entity.
(D) Preferential consideration.--The designated
Federal procurement official may give preferential
consideration, to the extent feasible, to an
application submitted by an eligible entity that agrees
to contribute a non-Federal share higher than the share
required under paragraph (4)(A).
(E) Assistance with applications.--The designated
Federal procurement official is authorized to provide
technical assistance to an eligible entity for the
purpose of assisting with the preparation of an
application for a SAFER grant.
(6) Special rules on use of funds.--
(A) Supplement not supplant.--The proceeds of a
SAFER grant made to an eligible entity shall be used to
supplement and not supplant other Federal funds, State
funds, or funds from a subdivision of a State, or, in
the case of a tribal organization, funds supplied by
the Bureau of Indian Affairs, that are available for
salaries or benefits for firefighters.
(B) Limitation relating to compensation of
firefighters.--
(i) In general.--The proceeds of a SAFER
grant may not be used to fund the pay and
benefits of a full-time firefighter if the
total annual amount of the pay and benefits for
that firefighter exceeds $100,000. The
designated Federal procurement official may
waive the prohibition in the proceeding
sentence in any particular case.
(ii) Adjustment for inflation.--Effective
on October 1 of each year, the total annual
amount applicable under subparagraph (A) shall
be increased by the percentage (rounded to the
nearest one-tenth of one percent) by which the
Consumer Price Index for all-urban consumers
published by the Department of Labor for July
of such year exceeds the Consumer Price Index
for all-urban consumers published by the
Department of Labor for July of the preceding
year. The first adjustment shall be made on
October 1, 2004.
(7) Performance evaluation.--
(A) Requirement for information.--The designated
Federal procurement official shall evaluate, each year,
whether an entity receiving SAFER grant funds in such
year is substantially complying with the terms and
conditions of the grant. The entity shall submit to the
designated Federal procurement official any information
that the designated Federal procurement official
requires for that year for the purpose of the
evaluation.
(B) Revocation or suspension of funding.--If the
designated Federal procurement official determines that
a recipient of a SAFER grant is not in substantial
compliance with the terms and conditions of the grant
the designated Federal procurement official may revoke
or suspend funding of the grant.
(8) Access to documents.--
(A) Audits by designated Federal procurement
official.--The designated Federal procurement official
shall have access for the purpose of audit and
examination to any pertinent books, documents, papers,
or records of an eligible entity that receives a SAFER
grant.
(B) Audits by the comptroller general.--
Subparagraph (A) shall also apply with respect to
audits and examinations conducted by the Comptroller
General of the United States or by an authorized
representative of the Comptroller General.
(9) Termination of safer grant authority.--
(A) In general.--The authority to award a SAFER
grant shall terminate at the end of September 30, 2010.
(B) Report to congress.--Not later than two years
after the date of the enactment of this Act, the
designated Federal procurement official shall submit to
Congress a report on the SAFER grant program under this
section. The report shall include an assessment of the
effectiveness of the program for achieving its purpose,
and may include any recommendations that the designated
Federal procurement official has for increasing the
forces of firefighters in fire services.
(10) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity''
means--
(i) a State;
(ii) a subdivision of a State;
(iii) a tribal organization;
(iv) any other public entity that the
designated Federal procurement official
determines appropriate for eligibility under
this section; and
(v) a multijurisdictional or regional
consortium of the entities described in clauses
(i) through (iv).
(B) Firefighter.--The term ``firefighter'' means an
employee or volunteer member of a fire service,
including a firefighter, paramedic, emergency medical
technician, rescue worker, ambulance personnel, or
hazardous materials worker, who--
(i) is trained in fire suppression and has
the legal authority and responsibility to
engage in fire suppression; or
(ii) is engaged in the prevention, control,
and extinguishment of fires or response to
emergency situations where life, property, or
the environment is at risk.
(C) Fire service.--The term ``fire service''
includes an organization described in section 4(5) of
the Federal Fire Prevention and Control Act of 1974
that is under the jurisdiction of a tribal
organization.
(D) Master plan.--The term ``master plan'' has the
meaning given the term in section 10 of the Federal
Fire Prevention and Control Act of 1974.
(E) SAFER grant.--The term `SAFER grant' means a
grant of financial assistance under this subsection.
(F) Tribal organization.--The term ``tribal
organization'' has the meaning given the term in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(11) Authorization of Appropriations.--There are authorized
to be appropriated for the purpose of carrying out this section
such sums as may be necessary from the Department of Homeland
Security, up to--
(A) $1,000,000,000 for fiscal year 2004;
(B) $1,030,000,000 for fiscal year 2005; and
(C) $1,061,000,000 for fiscal year 2006.
SEC. 853. DEFINITIONS.
In this subtitle:
(1) Anti-terrorism technology and service.--The terms
``anti-terrorism technology'' and ``anti-terrorism service''
mean any product, equipment, or device, including information
technology, and any service, system integration, or other kind
of service (including a support service), respectively, that is
related to technology and is designed, developed, modified, or
procured for the purpose of preventing, detecting, identifying,
otherwise deterring, or recovering from acts of terrorism.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section
11101(6) of title 40, United States Code.
(3) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, and any territory or possession
of the United States.
(4) Unit of local government.--The term ``unit of local
government'' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State; an Indian tribe which performs law enforcement
functions as determined by the Secretary of the Interior; or
any agency of the District of Columbia Government or the United
States Government performing law enforcement functions in and
for the District of Columbia or the Trust Territory of the
Pacific Islands.
Subtitle G--General Contracting Authorities, Procedures, and
Limitations, and Other Matters
SEC. 861. LIMITED ACQUISITION AUTHORITY FOR COMMANDER OF UNITED STATES
JOINT FORCES COMMAND.
Section 164 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Limited Acquisition Authority for Commander of Certain
Unified Combatant Command.--(1) The Secretary of Defense shall delegate
to the commander of the unified combatant command referred to in
paragraph (2) authority of the Secretary under chapter 137 of this
title sufficient to enable the commander to develop and acquire
equipment described in paragraph (3). The exercise of authority so
delegated is subject to the authority, direction, and control of the
Secretary.
``(2) The commander to which authority is delegated under paragraph
(1) is the commander of the unified combatant command that has the
mission for joint warfighting experimentation, as assigned by the
Secretary of Defense.
``(3) The equipment referred to in paragraph (1) is as follows:
``(A) Battlefield command, control, communications, and
intelligence equipment.
``(B) Any other equipment that the commander referred to in
that paragraph determines necessary and appropriate for--
``(i) facilitating the use of joint forces in
military operations; or
``(ii) enhancing the interoperability of equipment
used by the various components of joint forces on the
battlefield.
``(4) The authority delegated under paragraph (1) does not apply to
the development or acquisition of a system for which--
``(A) the total expenditure for research, development,
test, and evaluation is estimated to be $10,000,000 or more; or
``(B) the total expenditure for procurement of the system
is estimated to be $50,000,000 or more.
``(5) The commander of the unified combatant command referred to in
paragraph (1) shall require the inspector general of the command to
conduct internal audits and inspections of purchasing and contracting
administered by the commander under the authority delegated under
subsection (a).''.
SEC. 862. OPERATIONAL TEST AND EVALUATION.
(a) Leadership and Duties of Department of Defense Test Resource
Management Center.--(1) Subsection (b)(1) of section 196 of title 10,
United States Code, is amended--
(A) 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
(B) by adding at the end the following: ``A civilian
officer or employee serving as the Director shall serve in a
pay level equivalent in rank to lieutenant general.''.
(2)(A) 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''.
(B) Subsection (e)(1) of such section is amended--
(i) by striking ``, the Director of Operational Test and
Evaluation,''; and
(ii) by striking ``, Director's''.
(b) Deployment Before Completion of OT&E.--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 relevant
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 operational security and other
relevant operational requirements.''.
SEC. 863. 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--
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
(b) Multiyear Contracting Authority.--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
subsection (f):
``(f) Multiyear Contracts.--The head of an agency entering into a
task or delivery order contract under this section may provide for the
contract to cover any period up to five years and may extend the
contract period for one or more successive periods pursuant to an
option provided in the contract or a modification of the contract. In
no event, however, may the total contract period as extended exceed
eight years.''.
SEC. 864. REPEAL OF REQUIREMENT FOR CONTRACTOR ASSURANCES REGARDING THE
COMPLETENESS, ACCURACY, AND CONTRACTUAL SUFFICIENCY OF
TECHNICAL DATA PROVIDED BY THE CONTRACTOR.
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. 865. 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) Conforming and Clerical Amendments.--(1) The heading of such
section is amended to read as follows:
``Sec. 2410a. Contracts for periods crossing fiscal years: severable
service contracts; leases of real or personal property''.
(2) The table of sections at the beginning of chapter 141 of such
title is amended by striking the item relating to section 2410a and
inserting the following new item:
``2410a. Contracts for periods crossing fiscal years: severable service
contracts; leases of real or personal
property.''.
SEC. 866. 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:
``Sec. 2382. Consolidation of contract requirements: policy and
restrictions
``(a) Policy.--The Secretary of Defense shall require the Secretary
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 consolidation 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 participate 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 requirements
is necessary and justified for the purposes of paragraph (1) if the
benefits of the acquisition strategy substantially exceed 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
military 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
Administrator 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 Administrative 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)).''.
(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 collected
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
business concerns to participate in Department of Defense
procurements, 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 only with respect to
contracts entered into with funds authorized to be appropriated by this
Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department Officers and Agencies
SEC. 901. CLARIFICATION OF RESPONSIBILITY OF MILITARY DEPARTMENTS TO
SUPPORT COMBATANT COMMANDS.
Sections 3013(c)(4), 5013(c)(4), and 8013(3)(c)(4) of title 10,
United States Code, are amended by striking ``(to the maximum extent
practicable)''.
SEC. 902. REDESIGNATION OF NATIONAL IMAGERY AND MAPPING AGENCY AS
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Redesignation.--The National Imagery and Mapping Agency (NIMA)
is hereby redesignated as the National Geospatial-Intelligence Agency
(NGA).
(b) Conforming Amendments.--
(1) Title 10, united states code.--(A) Chapter 22 of title
10, United States Code, is amended by striking ``National
Imagery and Mapping Agency'' each place it appears (other than
the penultimate place it appears in section 461(b) of such
title) and inserting ``National Geospatial-Intelligence
Agency''.
(B) Section 453(b) of such title is amended by striking
``NIMA'' each place it appears and inserting ``NGA''.
(C)(i) Subsection (b)(3) of section 424 of such title is
amended by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(ii) The heading for such section is amended to read as
follows:
``Sec. 424. Disclosure of organizational and personnel information:
exemption for Defense Intelligence Agency, National
Reconnaissance Office, and National Geospatial
Intelligence Agency''.
(iii) The table of sections at the beginning of subchapter
I of chapter 21 of such title is amended in the item relating
to section 424 by striking ``National Imagery and Mapping
Agency'' and inserting ``National Geospatial-Intelligence
Agency''.
(D) Section 425(a) of such title is amended--
(i) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(ii) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The words `National Geospatial-Intelligence Agency',
the initials `NGA', or the seal of the National Geospatial-
Intelligence Agency.''.
(E) Section 1614(2)(C) of such title is amended by striking
``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(F)(i) The heading for chapter 22 of such title is amended
to read as follows:
``CHAPTER 22--NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.''
(ii) The table of chapters at the beginning of subtitle A
of such title, and at the beginning of part I of such subtitle,
are each amended by striking the item relating to chapter 22
and inserting the following new item:
``22. National Geospatial-Intelligence Agency............... 441''.
(2) National security act of 1947.--(A) Section 3(4)(E) of
the National Security Act of 1947 (50 U.S.C. 401a(4)(E)) is
amended by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(B) That Act is further amended by striking ``National
Imagery and Mapping Agency'' each place it appears in sections
105, 105A, 105C, 106, and 110 (50 U.S.C. 403-5, 403-5a, 403-5c,
403-6, 404e) and inserting ``National Geospatial-Intelligence
Agency''.
(C) Section 105C of that Act (50 U.S.C. 403-5c) is further
amended--
(i) by striking ``NIMA'' each place it appears and
inserting ``NGA''; and
(ii) in subsection (a)(6)(B)(iv)(II), by striking
``NIMA's'' and inserting ``NGA's''.
(D) The heading for section 105C of that Act (50 U.S.C.
403-5c) is amended to read as follows:
``protection of operational files of the national geospatial-
intelligence agency''.
(E) The heading for section 110 of that Act (50 U.S.C.
404e) is amended to read as follows:
``national mission of national geospatial-intelligence agency''.
(F) The table of contents for that Act is amended--
(i) by striking the item relating to section 105C
and inserting the following new item:
``Sec. 105C. Protection of operational files of the National
Geospatial-Intelligence Agency.''; and
(ii) by striking the item relating to section 110
and inserting the following new item:
``Sec. 110. National mission of National Geospatial-Intelligence
Agency.''.
(c) Report on Utilization of Certain Data Extraction and
Exploitation Capabilities.--(1) Not later than 60 days after the date
of the enactment of this Act, the Director of the National Geospatial-
Intelligence Agency shall submit to the appropriate committees of
Congress a report on the status of the efforts of the Agency to
incorporate within the Commercial Joint Mapping Tool Kit (C/JMTK)
applications for the rapid extraction and exploitation of three-
dimensional geospatial data from reconnaissance imagery.
(2) In this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services, the Subcommittee on
Defense of the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Subcommittee on
Defense of the Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(d) References.--Any reference to the National Imagery and Mapping
Agency or NIMA in any law, regulation, document, paper, or other record
of the United States shall be deemed to be a reference to the National
Geospatial-Intelligence Agency or NGA, respectively.
(e) Matters Relating to Geospatial Intelligence.--(1) Section
442(a)(2) of title 10, United States Code, is amended by striking
``Imagery, intelligence, and information'' and inserting ``Geospatial
intelligence''.
(2) Section 467 of such title is amended by adding at the end the
following new paragraph:
``(5) The term `geospatial intelligence' means the
exploitation and analysis of imagery and geospatial information
to describe, assess, and visually depict physical features and
geographically referenced activities on the earth, and includes
imagery, imagery intelligence, and geospatial information.''.
(3) Section 110(a) of the National Security Act of 1947 (50 U.S.C.
404e(a)) is amended by striking ``imagery requirements'' and inserting
``geospatial intelligence requirements''.
SEC. 903. STANDARDS OF CONDUCT FOR MEMBERS OF THE DEFENSE POLICY BOARD
AND THE DEFENSE SCIENCE BOARD.
(a) Standards Required.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall promulgate
standards of conduct for members of the Defense Policy Board and the
Defense Science Board. The purpose of the standards of conduct shall be
to ensure public confidence in the Defense Policy Board and the Defense
Science Board.
(b) Issues To Be Addressed.--The standards of conduct promulgated
pursuant to subsection (a) shall address, at a minimum, the following:
(1) Conditions governing the access of Board members to
classified information and other confidential information about
the plans and operations of the Department of Defense and
appropriate limitations on any use of such information for
private gain.
(2) Guidelines for addressing conflicting financial
interests and recusal from participation in matters affecting
such interests.
(3) Guidelines regarding the lobbying of Department of
Defense officials or other contacts with Department of Defense
officials regarding matters in which Board members may have
financial interests.
(c) Report to Congress.--The Secretary of Defense shall provide the
Committees on Armed Services of the Senate and the House of
Representatives with a copy of the standards of conduct promulgated
pursuant to subsection (a) immediately upon promulgation of the
standards.
Subtitle B--Space Activities
SEC. 911. COORDINATION OF SPACE SCIENCE AND TECHNOLOGY ACTIVITIES OF
THE DEPARTMENT OF DEFENSE.
(a) Space Science and Technology Strategy.--(1) The Under Secretary
of the Air Force, in consultation with the Director of Defense Research
and Engineering, shall develop a space science and technology strategy
and shall review and, as appropriate, revise the strategy annually.
(2) The strategy 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, including an
implementation plan.
(C) The process for assessing progress made toward
achieving the goals.
(3) Not later than March 15, 2004, the Under Secretary shall submit
a report on the space science and technology strategy to the Committees
on Armed Services of the Senate and the House of Representatives.
(b) Required Coordination.--In executing the space science and
technology strategy, the directors of the research laboratories of the
Department of Defense, the heads of other Department of Defense
research components, and the heads of all other appropriate
organizations identified jointly by the Under Secretary of the Air
Force and the Director of Defense Research and Engineering--
(1) shall identify research laboratory projects that make
contributions pertaining directly and uniquely to the
development of space technology; and
(2) may execute the identified projects only with the
concurrence of the Under Secretary of the Air Force.
(c) General Accounting Office Review.--(1) The Comptroller General
shall review and assess the space science and technology strategy
developed under subsection (a) and the effectiveness of the
coordination process required under subsection (b).
(2) Not later than September 1, 2004, the Comptroller General shall
submit a report containing the findings and assessment under paragraph
(1) to the committees on Armed Services of the Senate and the House of
Representatives.
(d) Definitions.--In this section:
(1) The term ``research laboratory of the Department of
Defense'' means 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 the following:
(A) The Defense Advanced Research Projects Agency.
(B) The National Reconnaissance Office.
SEC. 912. SPACE PERSONNEL CADRE.
(a) Strategy Required.--(1) The Secretary of Defense shall develop
a human capital resources strategy for space personnel of the
Department of Defense.
(2) The strategy shall be designed to ensure that the space career
fields of the military departments are integrated to the maximum extent
practicable.
(b) Report.--Not later than February 1, 2004, the Secretary shall
submit a report on the strategy to the Committees on Armed Services of
the Senate and the House of Representatives. The report shall contain
the following information:
(1) The strategy.
(2) An assessment of the progress made in integrating the
space career fields of the military departments.
(3) A comprehensive assessment of the adequacy of the
establishment of the Air Force officer career field for space
under section 8084 of title 10, United States Code, as a
solution for correcting deficiencies identified by the
Commission To Assess United States National Security Space
Management and Organization (established under section 1621 of
Public Law 106-65; 113 Stat. 813; 10 U.S.C. 111 note).
(c) General Accounting Office Review.--(1) The Comptroller General
shall review the strategy developed under subsection (a) the space
career fields of the military departments and the plans of the military
departments for developing space career fields. The review shall
include an assessment of how effective the strategy and the space
career fields and plans, when implemented, are likely to be for
developing the necessary cadre of personnel who are expert in space
systems development and space systems operations.
(2) Not later than June 15, 2004, the Comptroller General shall
submit to the Committees referred to in subsection (a)(2) a report on
the results of the review under paragraph (1), including the assessment
required by such paragraph.
SEC. 913. POLICY REGARDING ASSURED ACCESS TO SPACE FOR UNITED STATES
NATIONAL SECURITY PAYLOADS.
(a) Policy.--It is the policy of the United States for the
President to undertake actions appropriate to ensure, to the maximum
extent practicable, that the United States has the capabilities
necessary 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 all payloads designated as national security payloads by
the Secretary of Defense and the Director of Central
Intelligence; 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 capabilities described
in subsection (a) in coordination with the Administrator of the
National Space and Aeronautics Administration.
SEC. 914. PILOT PROGRAM TO PROVIDE SPACE SURVEILLANCE NETWORK SERVICES
TO ENTITIES OUTSIDE THE UNITED STATES GOVERNMENT.
(a) Establishment.--The Secretary of Defense shall carry out a
pilot program to provide eligible entities outside the Federal
Government with satellite tracking services using assets owned or
controlled by the Department of Defense.
(b) Eligible Entities.--The Secretary shall prescribe the
requirements for eligibility to obtain services under the pilot
program. The requirements shall, at a minimum, provide eligibility for
the following entities:
(1) The governments of States.
(2) The governments of political subdivisions of States.
(3) United States commercial entities.
(4) The governments of foreign countries.
(5) Foreign commercial entities.
(c) Sale of Services.--Services under the pilot program may be
provided by sale, except in the case of services provided to a
government described in paragraph (1) or (2) of subsection (b).
(d) Contractor Intermediaries.--Services under the pilot program
may be provided either directly to an eligible entity or through a
contractor of the United States or a contractor of an eligible entity.
(e) Satellite Data and Related Analyses.--The services provided
under the pilot program may include satellite tracking data or any
analysis of satellite data if the Secretary determines that it is in
the national security interests of the United States for the services
to include such data or analysis, respectively.
(f) Reimbursement of Costs.--The Secretary may require an entity
purchasing services under the pilot program to reimburse the Department
of Defense for the costs incurred by the Department in entering into
the sale.
(g) Crediting to Charged Accounts.--(1) The proceeds of a sale of
services under the pilot program, together with any amounts reimbursed
under subsection (f) in connection with the sale, shall be credited to
the appropriation for the fiscal year in which collected that is or
corresponds to the appropriation charged the costs of such services.
(2) Amounts credited to an appropriation under paragraph (1) shall
be merged with other sums in the appropriation and shall be available
for the same period and the same purposes as the sums with which
merged.
(h) Nontransferability Agreement.--The Secretary shall require a
recipient of services under the pilot program to enter into an
agreement not to transfer any data or technical information, including
any analysis of satellite tracking data, to any other entity without
the expressed approval of the Secretary.
(i) Prohibition Concerning Intelligence Assets or Data.--Services
and information concerning, or derived from, United States intelligence
assets or data may not be provided under the pilot program.
(j) Definitions.--In this section:
(1) The term ``United States commercial entity'' means an
entity that is involved in commerce and is organized under laws
of a State, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, or American
Samoa.
(2) The term ``foreign commercial entity'' means an entity
that is involved in commerce and is organized under laws of a
foreign country.
(k) Duration of Pilot Program.--The pilot program under this
section shall be conducted for three years beginning on a date
designated by the Secretary of Defense, but not later than 180 days
after the date of the enactment of this Act.
SEC. 915. 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) in subparagraph (E), by striking ``Any progress made
toward'' and inserting ``Progress and challenges in'';
(3) by striking subparagraph (F), and inserting the
following:
``(F) Progress and challenges in protecting GPS from
jamming, disruption, and interference.'';
(4) by redesignating subparagraphs (D), (E), and (F), as
subparagraphs (C), (D), and (E), respectively; and
(5) by inserting after subparagraph (E), as so
redesignated, the following new subparagraph (F):
``(F) Progress and challenges in developing the enhanced
Global Positioning System required by section 218(b) of Public
Law 105-261 (112 Stat. 1951; 10 U.S.C. 2281 note).''.
(b) Conforming Amendment.--Paragraph (2) of such section 2281(d) is
amended by inserting ``(C),'' after ``under subparagraphs''.
Subtitle C--Other Matters
SEC. 921. 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 Initiative 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 ``$15,000,000'';
(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 ``$10,000,000''.
SEC. 922. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD THE DEGREE
OF MASTER OF OPERATIONAL STUDIES.
Section 7102(b) of title 10, United States Code, is amended--
(1) by striking ``Marine Corps War College.--'' and
inserting ``Awarding of Degrees.--(1)''; and
(2) by adding at the end the following new paragraph:
``(2) 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 School of Advanced
Warfighting of the Command and Staff College who fulfill the
requirements for that degree.''.
SEC. 923. 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 discuss
in detail the following matters:
(A) The expanded role of the United States Special
Operations Command in the global war on terrorism.
(B) The reorganization of the United States Special
Operations Command to function as a supported combatant command
for planning and executing operations.
(C) The role of the United States Special Operations
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 war on terrorism 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
the United States Special Operations 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 the United States Special Operations Command is to
exercise command authority in foreign countries when taking
action against foreign and United States citizens engaged in
terrorist activities.
(D) The decisionmaking procedures for authorizing,
planning, and conducting individual missions, including
procedures for consultation with Congress.
(E) The procedures for the commander of the United States
Special Operations Command to use to coordinate with commanders
of other combatant commands, especially geographic commands.
(F) Future organization plans and resource requirements for
conducting the global counterterrorism mission.
(G) The impact of the changing role of the United States
Special Operations 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. 924. 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
decisionmaking 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
where the integrators of intelligence, surveillance, and
reconnaissance capabilities for each of the Armed Forces can
routinely interact with each other and with senior
representatives 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.
(4) The current funding structure of a National Foreign
Intelligence Program (NFIP), Joint Military Intelligence
Program (JMIP), and Tactical Intelligence and Related
Activities Program (TIARA) might not be the best approach for
supporting the development of an intelligence, surveillance,
and reconnaissance 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
Intelligence 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
coordinate and integrate the intelligence, surveillance, and
reconnaissance capabilities and developmental activities of the
military 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) Requirement.--(1) The Under Secretary of Defense for
Intelligence shall establish an Intelligence, Surveillance, and
Reconnaissance Integration Council to provide a permanent forum for the
discussion and arbitration of issues relating to the integration of
intelligence, surveillance, and reconnaissance capabilities.
(2) The Council shall be composed of the senior intelligence
officers of the Armed Forces and the United States Special Operations
Command, the Director of Operations of the Joint Staff, and the
directors of the intelligence agencies of the Department of Defense.
(3) The Under Secretary of Defense for Intelligence shall invite
the participation of the Director of Central Intelligence or his
representative in the proceedings of the Council.
(d) ISR Integration Roadmap.--The Under Secretary of Defense for
Intelligence, in consultation with the Intelligence, Surveillance, and
Reconnaissance Integration Council and the Director of Central
Intelligence, shall develop a comprehensive Defense Intelligence,
Surveillance, and Reconnaissance Integration Roadmap to guide the
development and integration of the Department of Defense intelligence,
surveillance, and reconnaissance capabilities for 15 years.
(e) 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 (d). The report shall include the following
matters:
(A) The fundamental goals established in the roadmap.
(B) An overview of the intelligence, surveillance, and
reconnaissance 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
intelligence, surveillance, and reconnaissance
capabilities that ensures sustainment of needed
tactical and operational efforts; and
(ii) efficient investment in new intelligence,
surveillance, 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 authorizations
and appropriations can be optimally structured to best support
the development of a fully integrated Department of Defense
intelligence, surveillance, and reconnaissance architecture.
(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. 925. ESTABLISHMENT OF THE NATIONAL GUARD OF THE NORTHERN MARIANA
ISLANDS.
(a) Establishment.--The Secretary of Defense may cooperate with the
Governor of the Northern Mariana Islands to establish the National
Guard of the Northern Mariana Islands, and may integrate into the Army
National Guard of the United States and the Air National Guard of the
United States the members of the National Guard of the Northern Mariana
Islands who are granted Federal recognition under title 32, United
States Code.
(b) Amendments to Title 10.--(1) Section 101 of title 10, United
States Code, is amended--
(A) in subsection (c), by inserting ``the Northern Mariana
Islands,'' after ``Puerto Rico,'' in paragraphs (2) and (4);
and
(B) in subsection (d)(5), by inserting ``the Commonwealth
of the Northern Mariana Islands,'' after ``the Commonwealth of
Puerto Rico,''.
(2) Section 10001 of such title is amended by inserting ``the
Commonwealth of the Northern Mariana Islands,'' after ``the
Commonwealth of Puerto Rico,''.
(c) Amendments to Title 32.--Title 32, United States Code, is
amended as follows:
(1) Section 101 is amended--
(A) in paragraphs (4) and (6), by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''; and
(B) in paragraph (19), by inserting ``the
Commonwealth of the Northern Mariana Islands,'' after
``the Commonwealth of Puerto Rico,''.
(2) Section 103 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico''.
(3) Section 104 is amended--
(A) in subsection (a), by striking ``and Puerto
Rico'' and inserting ``, Puerto Rico, and the Northern
Mariana Islands''; and
(B) in subsections (c) and (d), by inserting ``,
the Northern Mariana Islands,'' after ``Puerto Rico''.
(4) Section 107(b) is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico''.
(5) Section 109 is amended by inserting ``the Northern
Mariana Islands'' in subsections (a), (b), and (c) after
``Puerto Rico,''.
(6) Section 112(i)(3) is amended by inserting ``the
Commonwealth of the Northern Mariana Islands,'' after ``the
Commonwealth of Puerto Rico,''.
(7) Section 304 is amended by inserting ``, the Northern
Mariana Islands,'' after ``or of Puerto Rico'' in the sentence
following the oath.
(8) Section 314 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico'' in subsections (a) and
(d).
(9) Section 315 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico'' each place it appears.
(10) Section 325(a) is amended by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(11) Section 501(b) is amended by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(12) Section 503(b) is amended by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(13) Section 504(b) is amended by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(14) Section 505 is amended by inserting ``or the Northern
Mariana Islands,'' after ``Puerto Rico,'' in the first
sentence.
(15) Section 509(l)(1) is amended by inserting ``the
Commonwealth of the Northern Mariana Islands,'' after ``the
Commonwealth of Puerto Rico,''.
(16) Section 702 is amended--
(A) in subsection (a), by inserting ``, or the
Northern Mariana Islands,'' after ``Puerto Rico''; and
(B) in subsections (b), (c), and (d), by inserting
``, the Northern Mariana Islands,'' after ``Puerto
Rico''.
(17) Section 703 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico'' in subsections (a) and
(b).
(18) Section 704 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico'' in subsections (a) and
(b).
(19) Section 708 is amended--
(A) in subsection (a), by striking ``and Puerto
Rico,'' and inserting ``Puerto Rico, and the Northern
Mariana Islands,''; and
(B) in subsection (d), by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(20) Section 710 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico'' each place it appears
in subsections (c), (d)(3), (e), and (f)(1).
(21) Section 711 is amended by inserting ``, the Northern
Mariana Islands,'' after ``Puerto Rico''.
(22) Section 712(1) is amended by inserting ``, the
Northern Mariana Islands,'' after ``Puerto Rico''.
(23) Section 715(c) is amended by striking ``or the
District of Columbia or Puerto Rico,'' and inserting ``, the
District of Columbia, Puerto Rico, or the Northern Mariana
Islands''.
(d) Amendments to Title 37.--Section 101 of title 37, United States
Code, is amended by striking ``the Canal Zone,'' in paragraphs (7) and
(9) and inserting ``the Northern Mariana Islands,''.
(e) Other References.--Any reference that is made in any other
provision of law or in any regulation of the United States to a State,
or to the Governor of a State, in relation to the National Guard (as
defined in section 101(3) of title 32, United States Code) shall be
considered to include a reference to the Commonwealth of the Northern
Mariana Islands or to the Governor of the Northern Mariana Islands,
respectively.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
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
$3,000,000,000.
(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
(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 contributed 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 appropriated 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 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.
Subtitle B--Improvement of Travel Card Management
SEC. 1011. 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
paragraph (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
in which it is determined under regulations prescribed by the Secretary
that the direct payment would be against equity and good conscience or
would be contrary to the best interests of the United States.''.
SEC. 1012. 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
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Determinations of Creditworthiness for Issuance of Defense
Travel Card.--(1) The Secretary of Defense shall require that the
creditworthiness of an individual be evaluated before a Defense travel
card is issued to the individual. 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 evaluation
required under paragraph (1).''.
SEC. 1013. DISCIPLINARY ACTIONS AND ASSESSING PENALTIES FOR MISUSE OF
DEFENSE TRAVEL CARDS.
(a) Requirement for Guidance.--The Secretary of Defense shall
prescribe guidelines and procedures 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.
(b) Actions Covered.--The disciplinary actions and penalties
covered by the guidance and procedures prescribed under subsection (a)
may include the following:
(1) Civil actions for false claims under sections 3729
through 3731 of title 31, United States Code.
(2) Administrative remedies for false claims and statements
provided under chapter 38 of title 31, United States Code.
(3) In the case of civilian personnel, adverse personnel
actions under chapter 75 of title 5, United States Code, and
any other disciplinary actions available under law for
employees of the United States.
(4) In the case of members of the Armed Forces,
disciplinary actions and penalties under chapter 47 of title
10, United States Code (the Uniform Code of Military Justice).
(c) Report.--Not later than February 1, 2004, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the guidelines and
penalties prescribed under subsection (a). The report shall include the
following:
(1) The guidelines and penalties.
(2) A discussion of the implementation of the guidelines
and penalties.
(3) 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.
(d) Defense Travel Card Defined.--In this section, the term
``Defense travel card'' has the meaning given such term in section
2784a(d)(1) of title 10, United States Code.
Subtitle C--Reports
SEC. 1021. ELIMINATION AND REVISION OF VARIOUS REPORTING REQUIREMENTS
APPLICABLE TO THE DEPARTMENT OF DEFENSE.
(a) Provisions of Title 10.--Title 10, United States Code, is
amended as follows:
(1) Section 128 is amended by striking subsection (d).
(2) Section 437 is amended--
(A) by striking subsection (b); and
(B) in subsection (c)--
(i) by striking ``and'' at the end of
paragraph (2);
(ii) by striking the period at the end of
paragraph (3) and inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``(4) a description of each corporation, partnership, and
other legal entity that was established during such fiscal
year.''.
(3)(A) Section 520c is amended--
(i) by striking subsection (b);
(ii) by striking ``(a) Provision of Meals and
Refreshments.--''; and
(iii) by striking the heading for such section and
inserting the following:
``Sec. 520c. Provision of meals and refreshments for recruiting
purposes''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 31 of such title is
amended to read as follow:
``520c. Provision of meals and refreshments for recruiting purposes.''.
(4) Section 986 is amended by striking subsection (e).
(5) Section 1060 is amended by striking subsection (d).
(6) Section 2212 is amended by striking subsections (d) and
(e).
(7) Section 2224 is amended by striking subsection (e).
(8) Section 2255(b) is amended--
(A) by striking paragraph (2);
(B) by striking ``(b) Exception.--(1)'' and
inserting ``(b) Exception.--'';
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(D) by redesignating clauses (i), (ii), and (iii)
as subparagraphs (A), (B), and (C), respectively.
(9) Section 2323(i) is amended by striking paragraph (3).
(10) Section 2350a is amended by striking subsection (f).
(11) Section 2350b(d) is amended--
(A) by striking paragraphs (1) and (2) and
inserting the following new paragraph:
``(1) Not later than 90 days after the end of each fiscal year in
which the Secretary of Defense has authority delegated as described in
subsection (a), the Secretary shall submit to Congress a report on the
administration of such authority under this section. The report for a
fiscal year shall include the following information:
``(A) Each prime contract that the Secretary required to be
awarded to a particular prime contractor during such fiscal
year, and each subcontract that the Secretary required be
awarded to a particular subcontractor during such fiscal year,
to comply with a cooperative agreement, together with the
reasons that the Secretary exercised authority to designate a
particular contractor or subcontractor, as the case may be.
``(B) Each exercise of the waiver authority under
subsection (c) during such fiscal year, including the
particular provision or provisions of law that were waived.'';
and
(B) by redesignating paragraph (3) as paragraph
(2).
(12) Section 2371(h) is amended by adding at the end the
following new paragraph:
``(3) No report is required under this section for fiscal years
after fiscal year 2006.''.
(13) Section 2515(d) is amended--
(A) by striking ``Annual Report.--'' and inserting
``Biennial Report.--''; and
(B) in paragraph (1)--
(i) in the second sentence, by striking
``each year'' and inserting ``each even-
numbered year''; and
(ii) in the third sentence, by striking
``during the fiscal year'' and inserting
``during the two fiscal years''.
(14) Section 2541d is amended--
(A) by striking subsection (b); and
(B) by striking ``(a) Report by Commercial Firms to
Secretary of Defense.--''.
(15) Section 2645(d) is amended--
(A) by striking ``to Congress'' and all that
follows through ``notification of the loss'' in
paragraph (1) and inserting ``to Congress notification
of the loss'';
(B) by striking ``loss; and'' and inserting
``loss.''; and
(C) by striking paragraph (2).
(16) Section 2680 is amended by striking subsection (e).
(17) Section 2688(e) is amended to read as follows:
``(e) Quarterly Report.--(1) 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 Secretary of Defense)
demonstrating that--
``(A) 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
``(B) the conveyance will reduce the long-term costs of the
United States for utility services provided by the utility
system concerned.
``(2) In this section, the term `congressional defense committees'
means the following:
``(A) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(B) The Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(18) Section 2807(b) is amended by striking ``$500,000''
and inserting ``$1,000,000''.
(19) Section 2827 is amended--
(A) by striking subsection (b); and
(B) by striking ``(a) Subject to subsection (b),
the Secretary'' and inserting ``The Secretary''.
(20) Section 2902(g) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(g)(1)'' and inserting ``(g)''.
(21) 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).
(b) National Defense Authorization Act for Fiscal Years 1992 and
1993.--Section 734 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1411; 10 U.S.C. 1074
note) is amended by striking subsection (c).
(c) National Defense Authorization Act for Fiscal Year 1993.--
Section 324 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2367; 10 U.S.C. 2701 note) is
amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``(a) Sense of
Congress.--''.
(d) National Defense Authorization Act for Fiscal Year 1995.--
Section 721 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2804; 10 U.S.C. 1074 note) is
amended by striking subsection (h).
(e) National Defense Authorization Act for Fiscal Year 1997.--
Section 324(c) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2480; 10 U.S.C. 2706 note) is
amended by inserting ``before 2006'' after ``submitted to Congress''.
(f) 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--
(1) in section 745(e) (112 Stat. 2078; 10 U.S.C. 1071
note)--
(A) by striking paragraph (2); and
(B) by striking ``TRICARE.--(1) The'' and inserting
``TRICARE.--The'' ; and
(2) effective on January 1, 2004, by striking section 1223
(112 Stat. 2154; 22 U.S.C. 1928 note).
(g) National Defense Authorization Act for Fiscal Year 2000.--The
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65) is amended--
(1) by striking section 1025 (113 Stat. 748; 10 U.S.C. 113
note);
(2) in section 1039 (113 Stat. 756; 10 U.S.C. 113 note), by
striking subsection (b); and
(3) in section 1201 (113 Stat. 779; 10 U.S.C. 168 note) by
striking subsection (d).
(h) Department of Defense and Emergency Supplemental Appropriations
for Recovery From and Response to Terrorist Attacks on the United
States Act, 2002.--Section 8009 of the Department of Defense and
Emergency Supplemental Appropriations for Recovery from and Response to
Terrorist Attacks on the United States Act, 2002 (Public Law 107-117;
115 Stat. 2249) is amended by striking ``, and these obligations shall
be reported to the Congress as of September 30 of each year''.
SEC. 1022. GLOBAL STRIKE PLAN.
(a) Integrated Plan for Prompt Global Strike.--The Secretary of
Defense shall prescribe 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) Reports Required.--(1) Not later than April 1 of each of 2004,
2005, and 2006, the Secretary shall submit to the congressional defense
committees a report on the plan prescribed under subsection (a).
(2) Each report required 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
conditions under which the 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
capabilities.
(E) An assessment of advanced nuclear concepts that could
contribute to the prompt global strike mission.
(F) An assessment of the command, control, and
communications capabilities necessary to support prompt global
strike capabilities.
(G) An assessment of intelligence, surveillance, and
reconnaissance 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. 1023. REPORT ON THE CONDUCT OF OPERATION IRAQI FREEDOM.
(a) Report Required.--(1) The Secretary of Defense shall summit to
the congressional defense committees, not later than March 31, 2004, a
report on the conduct of military operations under Operation Iraqi
Freedom.
(2) The report shall be prepared in consultation with the Chairman
of the Joint Chiefs of Staff, the Commander of the United States
Central Command, and such other officials as the Secretary considers
appropriate.
(b) Content.--(1) The report shall include a discussion of the
matters described in paragraph (2), with a particular emphasis on
accomplishments and shortcomings and on near-term and long-term
corrective actions to address the shortcomings.
(2) The matters to be discussed in the report are as follows:
(A) 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.
(B) The deployment process, including the adaptability of
the process to unforeseen contingencies and changing
requirements.
(C) The reserve component mobilization process, including
the timeliness of notification, training, and subsequent
demobilization.
(D) The use and performance of major items of United States
military equipment, weapon systems, and munitions (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.
(E) Any additional identified requirements for military
equipment, weapon systems, and munitions, including mix and
quantity for future contingencies.
(F) 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.
(G) The use of special operations forces, including
operational and intelligence uses.
(H) The scope of logistics support, including support from
other nations.
(I) The incidents 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.
(J) The adequacy of spectrum and bandwidth to transmit all
necessary information to operational forces and assets,
including unmanned aerial vehicles, ground vehicles, and
individual soldiers.
(K) 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.
(L) The effectiveness of the reserve component forces used
in Operation Iraqi Freedom.
(M) The adequacy of intelligence support to the warfighter
before, during, and after combat operations, including the
adequacy of such support to facilitate searches for weapons of
mass destruction.
(N) The rapid insertion and integration, if any, of
developmental but mission-essential equipment during all phases
of the operation.
(O) The most critical lessons learned that could lead to
long-term doctrinal, organizational, and technological changes,
and the probable effects that an implementation of those
changes would have on current visions, goals, and plans for
transformation of the Armed Forces.
(P) The results of a study, carried out by the Secretary of
Defense, regarding the availability of family support services
provided to the dependents of members of the National Guard and
other reserve components of the Armed Forces who are called or
ordered to active duty (hereinafter in this subparagraph
referred to as ``mobilized members''), including, at a minimum,
the following matters:
(i) A discussion of the extent to which cooperative
agreements are in place or need to be entered into to
ensure that dependents of mobilized members receive
adequate family support services from within existing
family readiness groups at military installations
without regard to the members' armed force or component
of an armed force.
(ii) A discussion of what additional family support
services, and what additional family support agreements
between and among the Armed Forces (including the Coast
Guard), are necessary to ensure that adequate family
support services are provided to the families of
mobilized members.
(iii) A discussion of what additional resources are
necessary to ensure that adequate family support
services are available to the dependents of each
mobilized member at the military installation nearest
the residence of the dependents.
(iv) The additional outreach programs that should
be established between families of mobilized members
and the sources of family support services at the
military installations in their respective regions.
(v) A discussion of the procedures in place for
providing information on availability of family support
services to families of mobilized members at the time
the members are called or ordered to active duty.
(c) Forms of Report.--The report shall be submitted in unclassified
form, but may also be submitted in classified form if necessary.
(d) Reporting Requirement Relating to Noncompetitive Contracting
for the Reconstruction of Infrastructure of Iraq.--(1) If a contract
for the maintenance, rehabilitation, construction, or repair of
infrastructure in Iraq is entered into under the oversight and
direction of the Secretary of Defense or the Office of Reconstruction
and Humanitarian Assistance in the Office of the Secretary of Defense
without full and open competition, the Secretary shall publish 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 following information:
(i) The amount of the contract.
(ii) A brief description of the scope of the contract.
(iii) 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.
(iv) The justification and approval documents on which was
based the determination to use procedures other than procedures
that provide for full and open competition.
(B) Subparagraph (A) does not apply to a contract entered into more
than one year after date of enactment.
(2)(A) The head of an executive agency may--
(i) withhold from publication and disclosure under
paragraph (1) any document that is classified for restricted
access in accordance with an Executive order in the interest of
national defense or foreign policy; and
(ii) redact any part so classified that is in a document
not so classified before publication and disclosure of the
document under paragraph (1).
(B) In any case in which the head of an executive agency withholds
information under subparagraph (A), the head of such executive agency
shall make available an unredacted version of the document containing
that information to the chairman and ranking member of each of the
following committees of Congress:
(i) The Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives.
(ii) The Committees on Appropriations of the Senate and the
House of Representatives.
(iii) Each committee that the head of the executive agency
determines has legislative jurisdiction for the operations of
such department or agency to which the information relates.
(3) This subsection 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 enactment of this Act, paragraph (1) shall
be applied as if the contract had been entered into on the date of the
enactment of this Act.
(4) Nothing in this subsection shall be construed as affecting
obligations to disclose United States Government information under any
other provision of law.
(5) In this subsection, 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. 1024. REPORT ON MOBILIZATION OF THE RESERVES.
(a) Requirement for Report.--Not later than 90 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 mobilization of reserve component
forces during fiscal years 2002 and 2003.
(b) Content.--The report under subsection (a) shall include, for
the period covered by the report, the following information:
(1) The number of Reserves who were called or ordered to
active duty under a provision of law referred to in section
101(a)(13)(B) of title 10, United States Code.
(2) The number of such Reserves who were called or ordered
to active duty for one year or more, including any extensions
on active duty.
(3) The military specialties of the Reserves counted under
paragraph (2).
(4) The number of Reserves who were called or ordered to
active duty more than once under a provision of law referred to
in section 101(a)(13)(B) of title 10, United States Code.
(5) The military specialties of the Reserves counted under
paragraph (4).
(6) The known effects on the reserve components, including
the effects on recruitment and retention of personnel for the
reserve components, that have resulted from--
(A) the calls and orders of Reserves to active
duty; and
(B) the tempo of the service of the Reserves on the
active duty to which called or ordered.
(7) The changes in the Armed Forces, including any changes
in the allocation of roles and missions 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 (6); or
(B) the experienced need for calling and ordering
Reserves to active duty during the period.
(8) An assessment of how necessary it would be to call or
order Reserves to active duty in the event of a war or
contingency operation (as defined in section 101(a)(13) of
title 10, United States Code) if such changes were implemented.
(9) On the basis of the experience of calling and ordering
Reserves to active duty during the period, an assessment of the
process for calling and ordering Reserves to active duty,
preparing such Reserves for the active duty, processing the
Reserves into the force upon entry onto active duty, and
deploying the Reserves, including an assessment of the adequacy
of the alert and notification process from the perspectives of
the individual Reserves, reserve component units, and employers
of Reserves.
SEC. 1025. 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 January 30, 2004, 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.
(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
Stockpile under the Strategic and Critical Materials
Stock Piling Act; and
(C) any other means that the Secretary identifies
as feasible.
Subtitle D--Other Matters
SEC. 1031. BLUE FORCES TRACKING INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) For military commanders, a principal purpose of
technology is to enable the commanders to ascertain the
location of the units in their commands in near real time.
(2) Each of the Armed Forces is developing and testing a
variety of technologies for tracking friendly forces (known as
``blue forces'').
(3) Situational awareness of blue forces has been much
improved since the 1991 Persian Gulf War, but blue forces
tracking remains a complex problem characterized by information
that is incomplete, not fully accurate, or untimely.
(4) Casualties in recent warfare have declined, but
casualties associated with friendly fire incidents have
remained relatively constant.
(5) Despite significant investment, a coordinated,
interoperable plan for tracking blue forces throughout a United
States or coalition forces theater of operations has not been
developed.
(b) Goal.--It shall be a goal of the Department of Defense to fully
coordinate the various efforts of the Joint Staff, the commanders of
the combatant commands, and the military departments to develop an
effective blue forces tracking system.
(c) Joint Blue Forces Tracking Experiment.--(1) The Secretary of
Defense, through the Commander of the United States Joint Forces
Command, shall carry out a joint experiment in fiscal year 2004 to
demonstrate and evaluate available joint blue forces tracking
technologies.
(2) The objectives of the experiment 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 ungradable
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.
(d) Report.--Not later than 60 days after the conclusion of the
experiment under subsection (c), 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.
SEC. 1032. LOAN, DONATION, OR EXCHANGE OF OBSOLETE OR SURPLUS PROPERTY.
During fiscal years 2004 and 2005, the Secretary of the military
department concerned may exchange for an historical artifact any
obsolete or surplus property held by such military department in
accordance with section 2572 of title 10, United States Code, without
regard to whether the property is described in subsection (c) of such
section.
SEC. 1033. ACCEPTANCE OF GIFTS AND DONATIONS.
(a) Authorized Sources of Gifts and Donations.--Subsection (a) of
section 2611 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``foreign gifts and
donations'' 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
paragraph (2):
``(2) The sources from which gifts and donations may be accepted
under paragraph (1) are as follows:
``(A) A department or agency of the Federal Government.
``(B) The government of a State or of a political
subdivision of a State.
``(C) The government of a foreign country.
``(D) A foundation or other charitable organization,
including a foundation or charitable organization that is
organized or operates under the laws of a foreign country.
``(E) Any source in the private sector of the United States
or a foreign country.''.
(b) Conforming Amendments.--(1) The headings for subsections (a)
and (f) of such section are amended by striking ``Foreign''.
(2) Subsection (c) is amended by striking ``foreign''.
(3) Subsection (f) is amended--
(A) by striking ``foreign''; and
(B) by striking ``faculty services)'' and all that follows
and inserting ``faculty services).''.
(4)(A) The heading of such section is amended to read as follows:
``Sec. 2611. Asia-Pacific Center for Security Studies: acceptance of
gifts and donations''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 155 is amended to read as follows:
``2611. Asia-Pacific Center for Security Studies: acceptance of gifts
and donations.''.
(c) Acceptance of Guarantees with Gifts in Development of Marine
Corps Heritage Center, Marine Corps Base, Quantico, Virginia.--(1) The
Secretary of the Navy may utilize the authority in section 6975 of
title 10, United States Code, for purposes of the project to develop
the Marine Corps Heritage Center at Marine Corps Base, Quantico,
Virginia, authorized by 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).
(2) The authority in paragraph (1) shall expire on December 31,
2006.
(3) The expiration under paragraph (2) of the authority in
paragraph (1) shall not effect any qualified guarantee accepted
pursuant to such authority for purposes of the project referred to in
paragraph (1) before the date of the expiration of such authority under
paragraph (2).
SEC. 1034. PROVISION OF LIVING QUARTERS FOR CERTAIN STUDENTS WORKING AT
NATIONAL SECURITY AGENCY LABORATORY.
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 provide
living quarters to a student in the Student Educational Employment
Program or similar program (as prescribed by the Office of Personnel
Management) while the student is employed at the laboratory of the
Agency.
``(2) Notwithstanding section 5911(c) of title 5, living quarters
may be provided under paragraph (1) without charge, or at rates or
charges specified in regulations prescribed by the Director.''.
SEC. 1035. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL SECURITY
AGENCY.
(a) Consolidation of Current Provisions on Protection of
Operational Files.--The National Security Act of 1947 (50 U.S.C. 401 et
seq.) is amended by transferring sections 105C and 105D to the end of
title VII and redesignating such sections, as so transferred, as
sections 703 and 704, respectively.
(b) Protection of Operational Files of NSA.--Title VII of such Act,
as amended by subsection (a), is further amended by adding at the end
the following new section:
``operational files of the national security agency
``Sec. 705. (a) Exemption of Certain Operational Files From Search,
Review, Publication, or Disclosure.--(1) Operational files of the
National Security Agency (hereafter in this section referred to as
`NSA') may be exempted by the Director of NSA, in coordination with the
Director of Central Intelligence, from the provisions of section 552 of
title 5, United States Code, which require publication, disclosure,
search, or review in connection therewith.
``(2)(A) In this section, the term `operational files' means--
``(i) files of the Signals Intelligence Directorate, and
its successor organizations, which document the means by which
foreign intelligence or counterintelligence is collected
through technical systems; and
``(ii) files of the Research Associate Directorate, and its
successor organizations, which document the means by which
foreign intelligence or counterintelligence is collected
through scientific and technical systems.
``(B) Files which are the sole repository of disseminated
intelligence, and files that have been accessioned into NSA Archives,
or its successor organizations, are not operational files.
``(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning--
``(A) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a of
title 5, United States Code;
``(B) any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
``(C) the specific subject matter of an investigation by
any of the following for any impropriety, or violation of law,
Executive order, or Presidential directive, in the conduct of
an intelligence activity:
``(i) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
``(ii) The Committee on Armed Services and the
Select Committee on Intelligence of the Senate.
``(iii) The Intelligence Oversight Board.
``(iv) The Department of Justice.
``(v) The Office of General Counsel of NSA.
``(vi) The Office of the Inspector General of the
Department of Defense.
``(vii) The Office of the Director of NSA.
``(4)(A) Files that are not exempted under paragraph (1) which
contain information derived or disseminated from exempted operational
files shall be subject to search and review.
``(B) The inclusion of information from exempted operational files
in files that are not exempted under paragraph (1) shall not affect the
exemption under paragraph (1) of the originating operational files from
search, review, publication, or disclosure.
``(C) 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.
``(D) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
paragraph (1), and which have been returned to exempted operational
files for sole retention shall be subject to search and review.
``(5) The provisions of paragraph (1) may not be superseded except
by a provision of law which is enacted after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2004, and
which specifically cites and repeals or modifies such provisions.
``(6)(A) Except as provided in subparagraph (B), whenever any
person who has requested agency records under section 552 of title 5,
United States Code, alleges that NSA 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.
``(B) Judicial review shall not be available in the manner provided
for under subparagraph (A) as follows:
``(i) In any case in which information specifically
authorized under criteria established by an Executive order to
be kept secret in the interests of national defense or foreign
relations is filed with, or produced for, the court by NSA,
such information shall be examined ex parte, in camera by the
court.
``(ii) The court shall determine, to the fullest extent
practicable, the issues of fact based on sworn written
submissions of the parties.
``(iii) 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.
``(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, NSA 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 paragraph (2).
``(II) The court may not order NSA to review the content of
any exempted operational file or files in order to make the
demonstration required under subclause (I), unless the
complainant disputes NSA's showing with a sworn written
submission based on personal knowledge or otherwise admissible
evidence.
``(v) In proceedings under clauses (iii) and (iv), 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.
``(vi) If the court finds under this paragraph that NSA has
improperly withheld requested records because of failure to
comply with any provision of this subsection, the court shall
order NSA 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 subsection.
``(vii) If at any time following the filing of a complaint
pursuant to this paragraph NSA agrees to search the appropriate
exempted operational file or files for the requested records,
the court shall dismiss the claim based upon such complaint.
``(viii) Any information filed with, or produced for the
court pursuant to clauses (i) and (iv) shall be coordinated
with the Director of Central Intelligence before submission to
the court.
``(b) 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)(1) 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 exemptions.
``(2) The review required by paragraph (1) shall include
consideration 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 NSA has improperly withheld
records because of failure to comply 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 NSA has conducted the review required by
paragraph (1) before the expiration of the 10-year period
beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2004 or before the expiration
of the 10-year period beginning on the date of the most recent
review.
``(B) Whether NSA, in fact, considered the criteria set
forth in paragraph (2) in conducting the required review.''.
(c) Conforming Amendments.--(1) Section 701(b) of the National
Security Act of 1947 (50 U.S.C. 431(b)) is amended by striking ``For
purposes of this title'' and inserting ``In this section and section
702,''.
(2) Section 702(c) of such Act (50 U.S.C. 432(c)) is amended by
striking ``enactment of this title'' and inserting ``October 15,
1984,''.
(3)(A) The title heading for title VII of such Act is amended to
read as follows:
``TITLE VII--PROTECTION OF OPERATIONAL FILES''.
(B) The section heading for section 701 of such Act is amended to
read as follows:
``protection of operational files of the central intelligence agency''.
(C) The section heading for section 702 of such Act is amended to
read as follows:
``decennial review of exempted central intelligence agency operational
files''.
(d) Clerical Amendments.--The table of contents for the National
Security Act of 1947 is amended--
(1) by striking the items relating to sections 105C and
105D; and
(2) by striking the items relating to title VII and
inserting the following new items:
``Title VII--Protection of Operational Files
``Sec. 701. Protection of operational files of the Central Intelligence
Agency.
``Sec. 702. Decennial review of exempted Central Intelligence Agency
operational files.
``Sec. 703. Protection of operational files of the National Imagery and
Mapping Agency.
``Sec. 704. Protection of operational files of the National
Reconnaissance Office.
``Sec. 705. Protection of operational files of the National Security
Agency.''.
SEC. 1036. TRANSFER OF ADMINISTRATION OF NATIONAL SECURITY EDUCATION
PROGRAM TO DIRECTOR OF CENTRAL INTELLIGENCE.
(a) In General.--Section 802 of the David L. Boren National
Security Education Act of 1991 (title VIII of Public Law 102-183; 50
U.S.C. 1902) is amended--
(1) in subsection (a), by striking ``Secretary of Defense''
and inserting ``Director of Central Intelligence''; and
(2) by striking ``Secretary'' each place it appears (other
than in subsection (h)) and inserting ``Director''.
(b) Awards To Attend Foreign Language Center.--Section 802(h) of
such Act (50 U.S.C. 1902(h)) is amended by inserting ``of Defense''
after ``Secretary'' each place it appears.
(c) National Security Education Board.--(1) Section 803 of such Act
(50 U.S.C. 1903) is amended--
(A) in subsection (a), by striking ``Secretary of Defense''
and inserting ``Director'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Secretary of
Defense'' and inserting ``Director'';
(ii) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(iii) by inserting after paragraph (1), as so
amended, the following new paragraph (2):
``(2) The Secretary of Defense.'';
(C) in subsection (c), by striking ``subsection (b)(6)''
and inserting ``subsection (b)(8)''; and
(D) in subsection (d), by striking ``Secretary'' each place
it appears and inserting ``Director''.
(2) Section 806(d) of such Act (50 U.S.C. 1906(d)) is amended by
striking ``paragraphs (1) through (7)'' and inserting ``paragraphs (2)
through (8)''.
(d) Administrative Provisions.--Section 805 of such Act (50 U.S.C.
1905) is amended by striking ``Secretary'' each place it appears and
inserting ``Director''.
(e) Annual Report.--Section 806 of such Act (50 U.S.C. 1906) is
amended by striking ``Secretary'' each place it appears and inserting
``Director''.
(f) Audits.--Section 807 of such Act (50 U.S.C. 1907) is amended by
striking ``Department of Defense'' and inserting ``Central Intelligence
Agency''.
(g) Definition.--Section 808 of such Act (50 U.S.C. 1908) is
amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(2) by inserting before paragraph (2) the following new
paragraph (1):
``(1) The term `Director' means the Director of Central
Intelligence.''.
(h) Matters Relating to National Flagship Language Initiative.--(1)
Effective as if included therein as enacted by section 333(a) of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-
306; 116 Stat. 2396), section 802(i)(1) of the David L. Boren National
Security Education Act of 1991 is amended by striking ``Secretary'' and
inserting ``Director''.
(2) Effective as if included therein as enacted by section 333(b)
of the Intelligence Authorization Act for Fiscal Year 2003 (116 Stat.
2397), section 811(a) of the David L. Boren National Security Education
Act of 1991 is amended by striking ``Secretary'' each place it appears
and inserting ``Director''.
(i) Effect of Transfer of Administration on Service Agreements.--
(1) The transfer to the Director of Central Intelligence of the
administration of the National Security Education Program as a result
of the amendments made by this section shall not affect the force,
validity, or terms of any service agreement entered into under section
802(b) of the David L. Boren National Security Education Act of 1991
(title VIII of Public Law 102-183; 50 U.S.C. 1902(b)) before the date
of the enactment of this Act that is in force as of that date, except
that the Director shall administer such service agreement in lieu of
the Secretary of Defense.
(2) Notwithstanding any other provision of law, the Director of
Central Intelligence may, for purposes of the implementation of any
service agreement referred to in paragraph (1), adopt regulations for
the implementation of such service agreement that were prescribed by
the Secretary of Defense under the David L. Boren National Security
Education Act of 1991 before the date of the enactment of this Act.
(j) Repeal of Satisfied Requirements.--Section 802(g) of the David
L. Boren National Security Education Act of 1991 (title VIII of Public
Law 102-183; 50 U.S.C. 1902(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1)''; and
(B) by striking the second sentence; and
(2) by striking paragraph (2).
(k) Technical Amendment.--Paragraph (5)(A) of section 808 of such
Act, as redesignated by subsection (g)(1) of this section, is further
amended by striking ``a agency'' and inserting ``an agency''.
SEC. 1037. 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 homeland security
missions, drug interdiction missions, and 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) Dams.
(C) Hydroelectric power plants.
(D) Nuclear power plants.
(E) Drinking water utilities.
(F) Long-distance power transmission lines.
(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
(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
organizational 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
homeland security and homeland defense missions.
(c) Referral to Committees.--The report under subsection (a) shall
be referred--
(1) upon receipt in the Senate, to the Committee on Armed
Services of the Senate; and
(2) upon receipt in the House of Representatives, to the
Committee on Armed Services of the House of Representatives.
SEC. 1038. CONVEYANCE OF SURPLUS T-37 AIRCRAFT TO AIR FORCE AVIATION
HERITAGE FOUNDATION, INCORPORATED.
(a) Authority.--The Secretary of the Air Force may convey, without
consideration, to the Air Force Aviation Heritage Foundation,
Incorporated, 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. The conveyance shall be
made by means of a conditional deed of gift.
(b) Condition of Aircraft.--The Secretary may not convey ownership
of the aircraft under subsection (a) until the Secretary determines
that the Foundation has altered the aircraft in such manner as the
Secretary determines necessary to ensure that the aircraft 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.
The Secretary is not required to repair or alter the condition of the
aircraft before conveying ownership 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 ownership 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 operation and maintenance of the aircraft
comply with all applicable limitations and maintenance
requirements imposed by the Administrator of the Federal
Aviation Administration.
(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 subparagraph
(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.
(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 operation and maintenance of the aircraft
conveyed shall be borne by the Foundation.
(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) Clarification of Liability.--Notwithstanding any other
provision of law, upon the conveyance of ownership of a T-37 aircraft
to the Foundation under subsection (a), the United States shall not be
liable for any death, injury, loss, or damage that results from any use
of that aircraft by any person other than the United States.
SEC. 1039. SENSE OF SENATE ON REWARD FOR INFORMATION LEADING TO
RESOLUTION OF STATUS OF MEMBERS OF THE ARMED FORCES WHO
REMAIN MISSING IN ACTION.
(a) Findings.--The Senate 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 the
body was not recovered, and who remain unaccounted for.
(2) One member of the Armed Forces, Navy Captain Michael
Scott Speicher, remains missing in action from the first
Persian Gulf War, and there have been credible reports of him
being seen alive in Iraq in the years since his plane was shot
down on January 16, 1991.
(3) The United States should always pursue every lead and
leave no stone unturned to completely account for the fate of
its missing members of the Armed Forces.
(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 Senate.--It is the sense of the Senate--
(1) that the Secretary of Defense should 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) to encourage the Secretary to authorize and publicize a
reward of $1,000,000 for information resolving the fate of
those members of the Armed Forces, such as Michael Scott
Speicher, who the Secretary has reason to believe may yet be
alive in captivity.
SEC. 1040. 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
Shipbuilding Enterprise of the National Shipbuilding Research
Program.
(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 Senate.--It is the sense of the Senate that--
(1) the Senate 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 Senate 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.
SEC. 1041. AIR FARES FOR MEMBERS OF ARMED FORCES.
It is the sense of the Senate that each United States air carrier
should--
(1) make every effort to allow active duty members of the
armed forces to purchase tickets, on a space-available basis,
for the lowest fares offered for the flights desired, without
regard to advance purchase requirements and other restrictions;
and
(2) offer flexible terms that allow members of the armed
forces on active duty to purchase, modify, or cancel tickets
without time restrictions, fees, or penalties.
SEC. 1042. SENSE OF SENATE ON DEPLOYMENT OF AIRBORNE CHEMICAL AGENT
MONITORING SYSTEMS AT CHEMICAL STOCKPILE DISPOSAL SITES
IN THE UNITED STATES.
(a) Findings.--The Senate makes the following findings:
(1) Millions of assembled chemical weapons are stockpiled
at chemical agent disposal facilities and depot sites across
the United States.
(2) Some of these weapons are filled with nerve agents,
such as GB and VX and blister agents such as HD (mustard
agent).
(3) Hundreds of thousands of United States citizens live in
the vicinity of these chemical weapons stockpile sites and
depots.
(4) The airborne chemical agent monitoring systems at these
sites are inefficient or outdated compared to newer and
advanced technologies on the market.
(b) Sense of Senate.--It is the sense of the Senate that the
Secretary of the Army should develop and deploy a program to upgrade
the airborne chemical agent monitoring systems at all chemical
stockpile disposal sites across the United States in order to achieve
the broadest possible protection of the general public, personnel
involved in the chemical demilitarization program, and the environment.
SEC. 1043. FEDERAL ASSISTANCE FOR STATE PROGRAMS UNDER THE NATIONAL
GUARD CHALLENGE PROGRAM.
(a) Maximum Federal Share.--Section 509(d) of title 32, United
States Code, is amended--
(1) by striking paragraphs (1), (2), and (3);
(2) by redesignating paragraph (4) as paragraph (1);
(3) in paragraph (1), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(4) by adding at the end the following new paragraph (2);
``(2) for fiscal year 2004 (notwithstanding paragraph (1)),
65 percent of the costs of operating the State program during
that year.''.
(b) Study.--(1) The Secretary of Defense shall carry out a study to
evaluate (A) the adequacy of the requirement under section 509(d) of
title 32, United States Code, for the United States to fund 60 percent
of the costs of operating a State program of the National Guard
Challenge Program and the State to fund 40 percent of such costs, and
(B) the value of the Challenge program to the Department of Defense.
(2) In carrying out the study under paragraph (1), the Secretary
should 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.
(3) The Secretary shall include the results of the study, including
findings, conclusions, and recommendations, in the next annual report
to Congress under section 509(k) of title 32, United States Code, that
is submitted to Congress after the date of the enactment of this Act.
(c) Amount for Federal Assistance.--(1) The amount authorized to be
appropriated under section 301(10) is hereby increased by $3,000,000.
(2) Of the total amount authorized to be appropriated under section
301(10), $68,216,000 shall be available for the National Guard
Challenge Program under section 509 of title 32, United States Code.
(3) The total amount authorized to be appropriated under section
301(4) is hereby reduced by $3,000,000.
SEC. 1044. SENSE OF SENATE ON RECONSIDERATION OF DECISION TO TERMINATE
BORDER SEAPORT INSPECTION DUTIES OF NATIONAL GUARD UNDER
NATIONAL GUARD DRUG INTERDICTION AND COUNTER-DRUG
MISSION.
(a) Findings.--The Senate makes the following findings:
(1) The counter-drug inspection mission of the National
Guard is highly important to preventing the infiltration of
illegal narcotics across United States borders.
(2) The expertise of members of the National Guard in
vehicle inspections at United States borders have made
invaluable contributions to the identification and seizure of
illegal narcotics being smuggled across United States borders.
(3) The support provided by the National Guard to the
Customs Service and the Border Patrol has greatly enhanced the
capability of the Customs Service and the Border Patrol to
perform counter-terrorism surveillance and other border
protection duties.
(b) Sense of Senate.--It is the sense of the Senate 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.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
SEC. 1101. 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. 1102. PAY AUTHORITY FOR CRITICAL POSITIONS.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599e. Pay authority for critical positions
``(a) Authority Generally.--(1) When the Secretary of Defense seeks
a grant of authority under section 5377 of title 5 for critical pay for
one or more positions within the Department of Defense, the Director of
the Office of Management and Budget may fix the rate of basic pay,
notwithstanding sections 5377(d)(2) and 5307 of such title, at any rate
up to the salary set in accordance with section 104 of title 3.
``(2) Notwithstanding section 5307 of title 5, no allowance,
differential, bonus, award, or similar cash payment may be paid to any
employee receiving critical pay at a rate fixed under paragraph (1), 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.
``(b) Temporary Streamlined Critical Pay Authority.--(1) The
Secretary of Defense may establish, fix the compensation of, and
appoint persons to positions designated as critical administrative,
technical, or professional positions needed to carry out the functions
of the Department of Defense, subject to paragraph (2).
``(2) The authority under paragraph (1) may be exercised with
respect to a position only if--
``(A) the position--
``(i) requires expertise of an extremely high level
in an administrative, technical, or professional field;
and
``(ii) is critical to the successful accomplishment
of an important mission by the Department of Defense;
``(B) the exercise of the authority is necessary to recruit
or retain a person exceptionally well qualified for the
position;
``(C) the number of all positions covered by the exercise
of the authority does not exceed 40 at any one time;
``(D) in the case of a position designated as a critical
administrative, technical, or professional position by an
official other than the Secretary of Defense, the designation
is approved by the Secretary;
``(E) the term of appointment to the position is limited to
not more than four years;
``(F) the appointee to the position was not a Department of
Defense employee before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2004;
``(G) the total annual compensation for the appointee to
the position does not exceed the highest total annual
compensation payable at the rate determined under section 104
of title 3; and
``(H) the position is excluded from collective bargaining
units.
``(3) The authority under this subsection may be exercised without
regard to--
``(A) subsection (a);
``(B) the provisions of title 5 governing appointments in
the competitive service or the Senior Executive Service; and
``(C) chapters 51 and 53 of title 5, relating to
classification and pay rates.
``(4) The authority under this subsection may not be exercised
after the date that is 10 years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2004.
``(5) For so long as a person continues to serve without a break in
service in a position to which appointed under this subsection, the
expiration of authority under this subsection does not terminate the
position, terminate the person's appointment in the position before the
end of the term for which appointed under this subsection, or affect
the compensation fixed for the person's service in the position under
this subsection during such term of appointment.
``(6) Subchapter II of chapter 75 of title 5 does not apply to an
employee during a term of service in a critical administrative,
technical, or professional position to which the employee is appointed
under this subsection.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1599e. Pay authority for critical positions.''.
SEC. 1103. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY FOR
EXPERIMENTAL PERSONNEL 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) Increased Limitation on Number of Appointments.--Subsection
(b)(1)(A) of such section is amended by striking ``40'' and inserting
``50''.
(c) Commensurate Extension of Requirement for Annual Report.--
Subsection (g) of such section is amended by striking ``2006'' and
inserting ``2009''.
SEC. 1104. TRANSFER OF PERSONNEL INVESTIGATIVE FUNCTIONS AND RELATED
PERSONNEL OF THE DEPARTMENT OF DEFENSE.
(a) Transfer of Functions.--(1) With the consent of the Director of
the Office of Personnel Management, 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.
(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) 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 paragraph (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 effective
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 pursuant
to chapter 75 of title 5, United States Code, during such one-
year period.
(c) Actions After Transfer.--(1) Not later than one year after a
transfer of functions to the Office of Personnel Management under
subsection (a), 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 personnel.
(2) A function performed by Defense Security Service employees as
of the date of the enactment of this Act may not be converted to
contractor performance by the Director of the Office of Personnel
Management until--
(A) the Secretary of Defense reviews the function in
accordance with the requirements of paragraph (1) and makes a
written determination 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.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SEC. 1201. 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:
``Sec. 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 institutions, 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
appropriated 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 visitors under Regional Defense
Counterterrorism Fellowship Program.''.
(b) Notification of Congress.--Not later than December 1, 2003, the
Secretary of Defense shall--
(1) promulgate 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
promulgation of such regulations.
SEC. 1202. AVAILABILITY OF FUNDS TO RECOGNIZE SUPERIOR NONCOMBAT
ACHIEVEMENTS OR PERFORMANCE OF MEMBERS OF FRIENDLY
FOREIGN FORCES AND OTHER FOREIGN NATIONALS.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting the following new section:
``Sec. 1051a. Bilateral or regional cooperation programs: availability
of funds to recognize superior noncombat achievements or
performance
``(a) In General.--The Secretary of Defense may expend amounts
available to the Department of Defense or the military departments for
operation and maintenance for the purpose of recognizing superior
noncombat achievements or performance of members of friendly foreign
forces, or other foreign nationals, that significantly enhance or
support the national security strategy of the United States.
``(b) Covered Achievements or Performance.--The achievements or
performance that may be recognized under subsection (a) include
achievements or performance that--
``(1) play a crucial role in shaping the international
security environment in a manner that protects and promotes the
interests of the United States;
``(2) support or enhance the United States presence
overseas or support or enhance United States peacetime
engagement activities such as defense cooperation initiatives,
security assistance training and programs, or training and
exercises with the armed forces of the United States;
``(3) help deter aggression and coercion, build coalitions,
or promote regional stability; or
``(4) serve as models for appropriate conduct for military
forces in emerging democracies.
``(c) Limitation on Value of Mementos.--The value of any memento
procured or produced under subsection (a) 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 beginning of
such chapter is amended by inserting after the item relating to section
1051 the following new item:
``1051a. Bilateral or regional cooperation programs: availability of
funds to recognize superior noncombat
achievements or performance.''.
SEC. 1203. CHECK CASHING AND EXCHANGE TRANSACTIONS FOR FOREIGN
PERSONNEL IN ALLIANCE OR COALITION FORCES.
Section 3342(b) of title 31, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(8) a member of the armed forces of a foreign nation who
is participating in a combined operation, combined exercise, or
combined humanitarian or peacekeeping mission that is carried
out with armed forces of the United States pursuant to an
alliance or coalition of the foreign nation with the United
States if--
``(A) the senior commander of the armed forces of
the United States participating in the operation,
exercise, or mission has authorized the action under
paragraph (1) or (2) of subsection (a);
``(B) the government of the foreign nation has
guaranteed payment for any deficiency resulting from
such action; and
``(C) in the case of an action on a negotiable
instrument, the negotiable instrument is drawn on a
financial institution located in the United States or
on a foreign branch of such an institution.''.
SEC. 1204. CLARIFICATION AND EXTENSION OF AUTHORITY TO PROVIDE
ASSISTANCE FOR INTERNATIONAL NONPROLIFERATION ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year 2004.--The
total amount of the assistance for fiscal year 2004 that is provided by
the Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a), including funds used
for activities of the Department of Defense in support of the United
Nations Monitoring, Verification and Inspection Commission, shall not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--Subsection (f)
of section 1505 of the Weapons of Mass Destruction Control Act of 1992
(22 U.S.C. 5859a) is amended by striking ``fiscal year 2003'' and
inserting ``fiscal year 2004''.
(c) References to United Nations Special Commission on Iraq.--
Section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) is further amended--
(1) in subsection (b)(2), by striking ``United Nations
Special Commission on Iraq (or any successor organization)''
and inserting ``United Nations Monitoring, Verification and
Inspection Commission''; and
(2) in subsection (d)(4)(A), by striking ``United Nations
Special Commission on Iraq (or any successor organization)''
and inserting ``United Nations Monitoring, Verification and
Inspection Commission''.
SEC. 1205. REIMBURSABLE COSTS RELATING TO NATIONAL SECURITY CONTROLS ON
SATELLITE EXPORT LICENSING.
(a) Direct Costs of Monitoring Foreign Launches of Satellites.--
Section 1514(a)(1)(A) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 22 U.S.C.
2778 note) is amended by striking ``The costs of such monitoring
services'' in the second sentence and inserting the following: ``The
Department of Defense costs that are directly related to monitoring the
launch, including transportation and per diem costs,''.
(b) GAO Study.--(1) The Comptroller General shall conduct a study
of the Department of Defense costs of monitoring launches of satellites
in a foreign country under section 1514 of Public Law 105-261.
(2) Not later than April 1, 2004, the Comptroller General shall
submit a report on the study to the Committees on Armed Services of the
Senate and the House of Representatives. The report shall include the
following:
(A) An assessment of the Department of Defense costs of
monitoring the satellite launches described in paragraph (1).
(B) A review of the costs reimbursed to the Department of
Defense by each person or entity receiving the satellite launch
monitoring services, including the extent to which indirect
costs have been included.
SEC. 1206. 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 governments 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
support units.
(3) The NATO Response Force is envisioned to be a
technologically 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
improvements in NATO's military capabilities. It is expected to
have initial operational capability by October 2004, and full
operational capability by October 2006.
(b) Annual Report.--(1) Not later than January 31 of each year, 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, 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 NATO. The report 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
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 reinforcing.
(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 Commitment 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 structure of NATO contributes to each of the
component committees 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 structure of NATO participates in
deliberations and decisions of NATO on resource policy,
contribution ceilings, infrastructure, force structure,
modernization, threat assessments, 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;
(vi) the recommendations of the Secretary of
Defense on streamlining defense, military, and security
decisionmaking within NATO relating to the Prague
Capabilities Commitment, and NATO Response Force, and
other matters, including an assessment of the
feasibility and advisability of the greater utilization
of the Defense Planning Committee for such purposes;
and
(vii) if a report under this subparagraph is a
report other than the first report under this
subparagraph, the information submitted in such report
under any of clauses (i) through (vi) may consist
solely of an update of any information previously
submitted under the applicable clause in a preceding
report under this subparagraph.
(2) The report shall be submitted in unclassified form, but may
also be submitted in classified form if necessary.
SEC. 1207. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL
SUPPORT FOR COUNTER-DRUG ACTIVITIES.
(a) General Extension of Authority.--Section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881), as amended by section 1021 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-255), is further amended--
(1) in subsection (a)--
(A) by inserting after ``subsection (f),'' the
following: ``during fiscal years 1998 through 2006 in
the case of the foreign governments named in paragraphs
(1) and (2) of subsection (b), and fiscal years 2004
through 2006 in the case of the foreign governments
named in paragraphs (3) through (9) of subsection
(b),''; and
(B) by striking ``either or both'' and inserting
``any''; and
(2) in subsection (b)--
(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''.
(b) Additional Governments Eligible To Receive Support.--Subsection
(b) of such section 1033 is further 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 1033 is
amended--
(1) in paragraph (2), by striking ``riverine''; and
(2) in paragraph (3), by inserting ``or upgrade'' after
``maintenance and repair''.
(d) Maximum Annual Amount of Support.--Subsection (e)(2) of such
section 1033, as amended by such section 1021, is further amended by
striking ``$20,000,000 during any of the fiscal years 1999 through
2006'' and inserting ``$20,000,000 during any of fiscal years 1999
through 2003, or $40,000,000 during any of fiscal years 2004 through
2006''.
(e) Counter-Drug Plan.--(1) Subsection (h) of such section 1033 is
amended--
(A) in the subsection caption, by striking ``Riverine'';
(B) in the matter preceding paragraph (1)--
(i) by inserting ``in the case of the governments
named in paragraphs (1) and (2) of subsection (b) and
for fiscal year 2004 in the case of the governments
named in paragraphs (3) through (9) of subsection
(b)''; and
(ii) by striking ``riverine''; and
(C) by striking ``riverine'' each place it appears in
paragraphs (2), (7), (8), and (9).
(2) Subsection (f)(2)(A) of such section 1033 is amended by
striking ``riverine''.
(f) Clerical Amendment.--The heading for such section 1033 is
amended by striking ``peru and colombia'' and inserting ``other
countries''.
SEC. 1208. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM
CAMPAIGN IN COLOMBIA.
(a) Authority.--(1) In fiscal years 2004 and 2005, the Secretary of
Defense may use funds available for assistance to the Government of
Colombia to support a unified campaign against narcotics 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).
(2) Section 8093 of the Department of Defense
Appropriations Act, 2002 (division A of Public Law 107-117; 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 Supplemental
Act, 2000 (division B of Public Law 106-246; 114 Stat. 575).
(c) Limitation on Participation of United States Personnel.--No
United States Armed Forces personnel 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) Construction With Other Authority.--The authority in subsection
(a) to use funds to provide assistance to the Government of Colombia is
in addition to any other authority in law to provide assistance to the
Government of Colombia.
SEC. 1209. COMPETITIVE AWARD OF CONTRACTS FOR IRAQI RECONSTRUCTION.
(a) Requirement.--The Department of Defense shall fully comply with
the Competition in Contracting Act (10 U.S.C. 2304 et seq.) 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 to Congress.--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 by August 31,
2003, the Secretary of Defense shall submit a report to Congress by
September 30, 2003, detailing the reasons for allowing this sole-source
contract to continue. A follow-up report shall be submitted to Congress
each 60 days thereafter until a competitive contract is in place.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF 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 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant 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 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(22) for Cooperative Threat Reduction programs, not more
than 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 weapons storage security in Russia, $48,000,000.
(5) For weapons of mass destruction proliferation
prevention activities in the states of the former Soviet Union,
$39,400,000.
(6) For chemical weapons destruction in Russia,
$200,300,000.
(7) For biological weapons proliferation prevention
activities in the former Soviet Union, $54,200,000.
(8) For defense and military contacts, $11,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $13,100,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2004 Cooperative Threat Reduction 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 amount specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount
authorized 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
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (6) through (9) of subsection (a) in excess of 125 percent
of the specific amount authorized for such purpose.
SEC. 1303. ANNUAL CERTIFICATIONS ON USE OF FACILITIES BEING CONSTRUCTED
FOR COOPERATIVE THREAT REDUCTION PROJECTS OR ACTIVITIES.
(a) Certification on Use of Facilities Being Constructed.--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:
(1) Whether or not such facility will be used for its
intended purpose by the country in which the facility is
constructed.
(2) Whether or not the country remains committed to the use
of such facility for its intended purpose.
(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. 1304. AUTHORITY TO USE COOPERATIVE THREAT REDUCTION FUNDS OUTSIDE
THE FORMER SOVIET UNION.
(a) Authority.--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 that such project or activity will--
(1) assist the United States in the resolution of a
critical emerging proliferation threat; or
(2) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation goals.
(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 the project or activity
utilizing such funds, but does not include authority to provide cash
directly to the project or activity.
(c) Limitation.--The amount that may be obligated in a fiscal year
under the authority in subsection (a) may not exceed $50,000,000.
(d) 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 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.
SEC. 1305. ONE-YEAR EXTENSION OF INAPPLICABILITY OF CERTAIN CONDITIONS
ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION.
Section 8144 of Public Law 107-248 (116 Stat. 1571) is amended--
(1) in subsection (a), by striking ``and 2003'' and
inserting ``2003, and 2004''; and
(2) in subsection (b), by striking ``September 30, 2003''
and inserting ``September 30, 2004''.
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.
(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
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Redstone Arsenal..... $5,500,000
Fort Richardson...... $10,700,000
Alaska......................... Fort Wainwright...... $138,800,000
Georgia........................ Fort Benning......... $30,000,000
Fort Stewart/Hunter $138,550,000
Army Air Field......
Fort Gordon.......... $4,350,000
Hawaii......................... Helemano Military $20,800,000
Reservation.
Schofield Barracks... $100,000,000
Kansas......................... Fort Leavenworth..... $115,000,000
Fort Riley........... $40,000,000
Kentucky....................... Fort Knox............ $13,500,000
Louisiana...................... Fort Polk............ $72,000,000
Maryland....................... Aberdeen Proving $13,000,000
Ground.
Fort Meade........... $9,600,000
New York....................... Fort Drum............ $125,500,000
North Carolina................. Fort Bragg........... $152,000,000
Oklahoma....................... Fort Sill............ $3,500,000
Texas.......................... Fort Hood............ $49,800,000
Virginia....................... Fort Myer............ $9,000,000
Washington..................... Fort Lewis........... $3,900,000
-----------------
Total............ $1,055,500,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations 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
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Italy.......................... Aviano Air Base........ $15,500,000
Livorno................ $22,000,000
Korea.......................... Camp Humphreys......... $105,000,000
Kwajalein Atoll................ Kwajalein Atoll........ $9,400,000
---------------
Total.................. $151,900,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(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 Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright............ 140 Units.................. $64,000,000
Arizona................................. Fort Huachuca.............. 220 Units.................. $41,000,000
Kansas.................................. Fort Riley................. 72 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)(6)(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.
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 appropriations in
section 2104(a)(6)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $156,030,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated 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 $2,980,454,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $843,500,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $151,900,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $122,710,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $409,191,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,031,853,000.
(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 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 2107 of this Act, $33,000,000.
(8) 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.
(9) 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
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2681), $49,000,000.
(10) 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), $13,600,000.
(11) 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.
(12) For the construction of phase 2 of a 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 authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the sum of--
(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,
Georgia);
(3) $87,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a Lewis and Clark
instructional facility, Fort Leavenworth, Kansas);
(4) $43,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a barracks complex,
Wheeler-Sack Army Airfield, Fort Drum, New York); and
(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).
SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2003 PROJECTS.
(a) Military Construction Projects Outside the United States.--The
table in section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2682)
is amended--
(1) by striking the item relating to Area Support Group,
Bamberg, Germany;
(2) by striking the item relating to Coleman Barracks,
Germany;
(3) by striking the item relating to Darmstadt, Germany;
(4) by striking the item relating to Mannheim, Germany;
(5) by striking the item relating to Schweinfurt, Germany;
and
(6) by striking the amount identified as the total in the
amount column and inserting ``$288,066,000''.
(b) Family Housing Outside the United States.--The table in section
2102(a) of that Act (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''.
(c) Improvements to Military Family Housing Units.--Section 2103 of
that Act (116 Stat. 2683) is amended by striking ``$239,751,000'' and
inserting ``$190,551,000''.
(d) Conforming Amendments.--Section 2104(a) of that Act (116 Stat.
2683) is amended--
(1) in the matter preceding paragraph (1), by striking
``$3,104,176,000'' and inserting ``$2,985,826,000'';
(2) in paragraph (2), by striking ``$354,116,000'' and
inserting ``$288,066,000''; and
(3) in paragraph (6)(A), by striking ``$282,356,000'' and
inserting ``$230,056,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2003 PROJECTS.
(a) Military Construction Inside the United States.--The table in
section 2101(a) of the Military Construction 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
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,156,167,000''.
(b) Military Construction Outside the United States.--The table in
section 2101(b) of that Act (116 Stat. 2682) is amended--
(1) by striking the item relating to Camp Castle, Korea;
(2) by striking the item relating to Camp Hovey, Korea;
(3) in the item relating to Camp Humphreys, Korea, by
striking ``$36,000,000'' in the amount column and inserting
``$107,800,000'' ; and
(4) by striking the item relating to K16 Airfield, Korea.
(c) Conforming Amendment.--Section 2104(b)(4) of that Act (116
Stat. 2684) is amended by striking ``$13,200,000'' and inserting
``$13,600,000''.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2002 PROJECT.
(a) Modification.--The table in section 2101(a) of the Military
Construction Authorization 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. 2689), 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''.
(b) Conforming Amendment.--Section 2104(b)(2) of that Act (115
Stat. 1284) is amended by striking ``$52,000,000'' and inserting
``$54,000,000''.
SEC. 2108. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2001 PROJECT.
(a) In General.--The table in 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 2105 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''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$636,374,000''.
(b) Conforming Amendment.--Section 2104(b)(7) of the Military
Construction Authorization Act for Fiscal Year 2001 (114 Stat. 1654A-
392) is amended by striking ``$20,000,000'' and inserting
``$30,000,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 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
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $22,230,000
Station, Yuma.
California..................... Marine Corps Base, $73,580,000
Camp Pendleton.
Naval Air Station, $34,510,000
Lemoore.
Marine Corps Air $4,740,000
Station, Miramar.
Naval Air Station, $49,240,000
North Island.
Naval Air Warfare $12,890,000
Center, China Lake...
Naval Air Warfare $9,150,000
Center, Point Mugu,
San Nicholas Island..
Naval Air Facility, $18,940,000
San Clemente Island..
Naval Postgraduate $35,550,000
School, Monterey.
Naval Station, San $42,710,000
Diego.
Marine Air Ground Task $28,390,000
Force Training
Center, Twentynine
Palms................
Connecticut.................... New London............ $3,000,000
District of Columbia........... Marine Corps Barracks. $1,550,000
Florida........................ Naval Air Station, $3,190,000
Jacksonville.
Naval Air Station, $4,830,000
Whiting Field, Milton
Naval Surface Warfare $9,550,000
Center, Coastal
Systems Station,
Panama City..........
Blount Island $115,711,000
(Jacksonville).
Georgia........................ Strategic Weapons $11,510,000
Facility Atlantic,
Kings Bay............
Hawaii......................... Fleet and Industrial $32,180,000
Supply Center, Pearl
Harbor...............
Naval Magazine, $6,320,000
Lualualei.
Naval Shipyard, Pearl $7,010,000
Harbor.
Illinois....................... Naval Training Center, $137,120,000
Great Lakes.
Maryland....................... Naval Air Warfare $24,370,000
Center, Patuxent
River................
Naval Surface Warfare $14,850,000
Center, Indian Head..
Mississippi.................... Naval Air Station, $4,570,000
Meridian.
Nevada......................... Naval Air Station, $4,700,000
Fallon.
New Jersey..................... Naval Air Warfare $20,681,000
Center, Lakehurst.
Naval Weapons Station, $123,720,000
Earle.
North Carolina................. Marine Corps Air $1,270,000
Station, Cherry Point.
Marine Corps Air $6,240,000
Station, New River...
Marine Corps Base, $29,450,000
Camp Lejeune.
Pennsylvania................... Philadelphia Foundry.. $10,200,000
Rhode Island................... Naval Station, Newport $18,690,000
Naval Undersea Warfare $10,890,000
Center, Newport......
Texas.......................... Naval Station, $7,070,000
Ingleside.
Virginia....................... Henderson Hall, $1,970,000
Arlington.
Marine Corps Combat $18,120,000
Development Command,
Quantico.............
Naval Amphibious Base, $3,810,000
Little Creek.
Naval Station, Norfolk $182,240,000
Naval Space Command $24,020,000
Center, Dahlgren.....
Norfolk Naval $17,770,000
Shipyard, Portsmouth.
Washington..................... Naval Magazine, Indian $2,240,000
Island.
Naval Submarine Base, $33,820,000
Bangor.
Strategic Weapons $6,530,000
Facility Pacific,
Bangor...............
Various Locations.............. Various Locations, $56,360,000
CONUS.
----------------
Total............. $1,287,482,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Naval Support Activity, $18,030,000
Bahrain...............
Italy.......................... Naval Support Activity, $39,020,000
La Madalena...........
Naval Air Station, $34,070,000
Sigonella.
United Kingdom................. Joint Maritime $7,070,000
Facility, St. Mawgan..
---------------
Total.............. $98,190,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy 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:
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, 25 Units.................. $3,197,000
Pensacola.................
North Carolina.......................... Marine Corps Base, Camp 519 Units.................. $67,781,000
Lejeune...................
Marine Corps Air Station, 339 Units.................. $42,803,000
Cherry Point..............
-------------
Total.................. $155,366,000
----------------------------------------------------------------------------------------------------------------
(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 appropriations 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 appropriated 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 $2,179,919,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $959,702,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $98,190,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $12,334,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $65,612,000.
(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), $813,158,000.
(6) For construction of phase 2 of a bachelor enlisted
quarters shipboard ashore at Naval Shipyard Norfolk, Virginia,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2687), $46,730,000.
(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 authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the sum of--
(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 2201(a) for the construction of a tertiary sewage
treatment complex, Marine Corps Base, Camp Pendleton,
California);
(3) $58,190,000 (the balance of the amount authorized under
section 2201(a) for the 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 2201(a) for replacement of a general purpose berthing
pier, Naval Weapons Station, Earle, New Jersey);
(5) $118,170,000 (the balance of the amount authorized
under section 2201(a) for replacement of pier 11, Naval
Station, Norfolk, Virginia); and
(6) $28,750,000 (the balance of the amount authorized under
section 2201(a) for the construction of an outlying landing
field and facilities at a location to be determined).
SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2003 PROJECT.
(a) Termination.--The table in section 2201(b) of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2687) is amended--
(1) by striking the item relating to Naval Air Station,
Keflavik, Iceland; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$135,900,000''.
(b) Conforming Amendments.--Section 2204(a) of that Act (116 Stat.
2688) is amended--
(1) in the matter preceding paragraph (1), by striking
``$2,576,381,000'' and inserting ``$2,561,461,000''; and
(2) in paragraph (2), by striking ``$148,250,000'' and
inserting ``$133,330,000''.
TITLE XXIII--AIR FORCE
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
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $13,400,000
Alaska......................... Eielson Air Force Base. $48,774,000
Elmendorf Air Force $2,000,000
Base.
Arizona........................ Davis-Monthan Air Force $9,864,000
Base.
Luke Air Force Base.... $14,300,000
Arkansas....................... Little Rock Air Force $7,372,000
Base.
California..................... Beale Air Force Base... $22,300,000
Edwards Air Force Base. $19,060,000
Los Angeles Air Force $5,000,000
Base.
Vandenberg Air Force $16,500,000
Base.
Colorado....................... Buckley Air Force Base. $6,957,000
Peterson Air Force Base $10,200,000
Delaware....................... Dover Air Force Base... $8,500,000
District of Columbia........... Bolling Air Force Base. $9,300,000
Florida........................ Hurlburt Field......... $27,200,000
Patrick Air Force Base. $8,800,000
Tyndall Air Force Base. $6,195,000
Georgia........................ Moody Air Force Base... $7,600,000
Robins Air Force Base.. $28,685,000
Hawaii......................... Hickam Air Force Base.. $78,276,000
Idaho.......................... Mountain Home Air Force $15,137,000
Base.
Illinois....................... Scott Air Force Base... $1,900,000
Mississippi.................... Columbus Air Force Base $5,500,000
Keesler Air Force Base. $2,900,000
Nevada......................... Nellis Air Force Base.. $11,800,000
New Jersey..................... McGuire Air Force Base. $11,627,000
New Mexico..................... Cannon Air Force Base.. $9,000,000
Kirtland Air Force Base $6,957,000
Tularosa Radar Test $3,600,000
Site.
North Carolina................. Pope Air Force Base.... $24,015,000
Seymour Johnson Air $22,430,000
Force Base.
North Dakota................... Minot Air Force Base... $12,550,000
Ohio........................... Wright-Patterson Air $10,500,000
Force Base.
Oklahoma....................... Altus Air Force Base... $1,144,000
Tinker Air Force Base.. $25,560,000
Vance Air Force Base... $15,000,000
South Carolina................. Charleston Air Force $8,863,000
Base.
Shaw Air Force Base.... $8,500,000
South Dakota................... Ellsworth Air Force $9,300,000
Base.
Texas.......................... Goodfellow Air Force $19,970,000
Base.
Lackland Air Force Base $64,926,000
Randolph Air Force Base $13,600,000
Sheppard Air Force Base $28,590,000
Utah........................... Hill Air Force Base.... $21,711,000
Virginia....................... Langley Air Force Base. $24,969,000
Washington..................... McChord Air Force Base. $19,000,000
Wyoming........................ F.E. Warren Air Force $10,000,000
Base.
---------------
Total.................. $740,909,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Country 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, $42,487,000
Lakenheath.
Royal Air Force, $10,558,000
Mildenhall.
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
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $28,981,000
---------------
Total.............. $28,981,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
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 supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Davis-Monthan Air Force 93 Units.................. $19,357,000
Base......................
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 186 Units.................. $37,126,000
Base......................
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 138 Units.................. $18,336,000
Base......................
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 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 $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 appropriations 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
$223,979,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated 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
$2,505,373,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $760,332,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $159,880,000.
(3) For military construction projects at unspecified
worldwide 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, $12,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $74,345,000.
(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), $812,770,000.
(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 authorized 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).
SEC. 2305. MODIFICATION OF FISCAL YEAR 2003 AUTHORITY RELATING TO
IMPROVEMENT OF MILITARY FAMILY HOUSING UNITS.
(a) Modification.--Section 2303 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public Law 107-
314; 116 Stat. 2693) is amended by striking ``$226,068,000'' and
inserting ``$206,721,000''.
(b) 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 ``$2,614,391,000''; and
(2) 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.
(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 and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Marine Corps Base, Camp $15,259,000
Lejeune, North
Carolina..............
Defense Logistics Agency....... Defense Distribution $27,000,000
Depot, New Cumberland,
Pennsylvania..........
Eglin Air Force Base, $4,800,000
Florida...............
Eielson Air Force Base, $17,000,000
Alaska................
Hickam Air Force Base, $14,100,000
Hawaii................
Hurlburt Field, Florida $3,500,000
Langley Air Force Base, $13,000,000
Virginia..............
Laughlin Air Force $4,688,000
Base, Texas...........
McChord Air Force Base, $8,100,000
Washington............
Nellis Air Force Base, $12,800,000
Nevada................
Offutt Air Force Base, $13,400,000
Nebraska..............
National Security Agency....... Fort Meade, Maryland... $1,842,000
Special Operations Command..... Dam Neck, Virginia..... $15,281,000
Fort Benning, Georgia.. $2,100,000
Fort Bragg, North $36,300,000
Carolina.
Fort Campbell, Kentucky $7,800,000
Harrisburg $3,000,000
International Airport,
Pennsylvania..........
Hurlburt Field, Florida $6,000,000
Little Creek, Virginia. $9,000,000
MacDill Air Force Base, $25,500,000
Florida.
Tri-Care Management Activity... Naval Station, $15,714,000
Anacostia, District of
Columbia..............
Naval Submarine Base, $6,400,000
New London,
Connecticut...........
United States Air Force $21,500,000
Academy, Colorado.....
Walter Reed Medical $9,000,000
Center, District of
Columbia..............
Washington Headquarters Arlington, Virginia.... $38,086,000
Services......................
---------------
Total.............. $331,170,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Agency....... Grafenwoehr, Germany... $36,247,000
Heidelberg, Germany.... $3,086,000
Sigonella, Italy....... $30,234,000
Vicenza, Italy......... $16,374,000
Vilseck, Germany....... $1,773,000
Special Operations Command..... Stuttgart, Germany..... $11,400,000
Tri-Care Management Activity... Andersen Air Force $24,900,000
Base, Guam............
Grafenwoehr, Germany... $12,585,000
---------------
Total.............. $136,599,000
------------------------------------------------------------------------
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 construction
design activities with respect to the construction or improvement 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 appropriations 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 $69,500,000.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated 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 $1,154,402,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $331,170,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $102,703,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $16,153,000.
(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
construction design under section 2807 of title 10, United
States Code, $59,884,000.
(6) For energy conservation projects authorized by section
2404, $69,500,000.
(7) For base closure and realignment activities as
authorized 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.
(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 construction of phase 5 of an ammunition
demilitarization facility at Pueblo Chemical 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 construction of phase 6 of an ammunition
demilitarization facility at Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
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 2002
(division B of Public Law 107-107; 115 Stat. 1299) and 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 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 authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the sum of--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $16,265,000 (the balance of the amount authorized under
section 2401(b) for the renovation and construction of an
elementary and high school, Naval Station Sigonella, Italy);
and
(3) $17,631,000 (the balance of the amount authorized under
section 2401(b) for the construction of an elementary and
middle school, Grafenwoehr, Germany).
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2003 PROJECT.
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 in the matter relating to Department of
Defense Dependent Schools by striking ``Seoul, Korea'' in the
installation or location column and inserting ``Camp Humphreys,
Korea''.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2003 PROJECTS.
(a) Modification.--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
Dependent Schools--
(A) by striking ``Seoul, Korea'' in the
installation or location column and inserting ``Camp
Humphreys, Korea''; and
(B) by striking the item relating to Spangdahlem
Air Base, Germany; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$205,586,000''.
(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 ``$1,433,798,000''; and
(2) in paragraph (2), by striking ``$206,583,000'' and
inserting ``$205,586,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided 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 Secretary
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.
There are authorized to be appropriated for fiscal years beginning
after September 30, 2003, for the costs of acquisition, architectural
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, $276,779,000; and
(B) for the Army Reserve, $74,478,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $34,132,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $208,530,000; and
(B) for the Air Force Reserve, $53,912,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
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 authorizations 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
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2001
PROJECTS.
(a) Extension of Certain Projects.--Notwithstanding section 2701 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-407),
authorizations set forth in the tables in subsection (b), as provided
in section 2102, 2201, 2401, 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 construction for fiscal year 2005,
whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................ Fort Jackson............. New Construction--Family $250,000
Housing (1 Unit)............
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania.......................... Naval Surface Warfare Gas Turbine Test Facility.... $10,680,000
Center Shipyard Systems
Engineering Station,
Philadelphia............
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 2001 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State or country Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Education Activity............ Seoul, Korea............. Elementary School Full Day $2,317,000
Kindergarten Classroom
Addition....................
Taegu, Korea............. Elementary/High School Full $762,000
Day Kindergarten Classroom
Addition....................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2001 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Papago Park.............. Add/Alter Readiness Center... $2,265,000
Pennsylvania Mansfield................ Readiness Center............. $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), 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 table referred to in subsection (a) is as follows:
Air Force: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma.............................. Tinker Air Force Base.... Replace Family Housing (41 $6,000,000
Units)......................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Fort Pickett............. Multi-purpose Range-Heavy.... $13,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take
effect on the later of--
(1) October 1, 2003; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
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 permanent
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 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''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. INCREASE IN THRESHOLD FOR REPORTS TO CONGRESS ON REAL
PROPERTY TRANSACTIONS.
Section 2662 of title 10, United States Code, is amended by
striking ``$500,000'' each place it appears and inserting ``$750,000''.
SEC. 2812. ACCEPTANCE OF IN-KIND CONSIDERATION FOR EASEMENTS.
(a) Easements for Rights-of-Way.--Section 2668 of title 10, United
States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Subsection (c) of section 2667 of this title shall apply with
respect to in-kind consideration received by the Secretary of a
military department in connection with an easement granted under this
section in the same manner as such subsection applies to in-kind
consideration received pursuant to leases entered into by that
Secretary under such section.''.
(b) Easements for Utility Lines.--Section 2669 of such title is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Subsection (c) of section 2667 of this title shall apply with
respect to in-kind consideration received by the Secretary of a
military department in connection with an easement granted under this
section in the same manner as such subsection applies to in-kind
consideration received pursuant to leases entered into by that
Secretary under such section.''.
SEC. 2813. EXPANSION TO MILITARY UNACCOMPANIED HOUSING OF AUTHORITY TO
TRANSFER PROPERTY AT MILITARY INSTALLATIONS TO BE CLOSED
IN EXCHANGE FOR MILITARY HOUSING.
Section 2905(f)(1) 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--
(1) by inserting ``unaccompanied members of the Armed
Forces or'' before ``members of the Armed Forces and their
dependents''; and
(2) by striking ``Family'' in the subsection heading.
SEC. 2814. EXEMPTION FROM SCREENING AND USE REQUIREMENTS UNDER
MCKINNEY-VENTO HOMELESS ASSISTANCE ACT OF DEPARTMENT OF
DEFENSE PROPERTY IN EMERGENCY SUPPORT OF HOMELAND
SECURITY.
Section 501 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Applicability to Department of Defense Property in Emergency
Support of Homeland Security.--The provisions of this section shall not
apply to a building or property under the jurisdiction of the
Department of Defense that the Secretary of Defense determines should
be made available for use by a State or local government, or private
entity, on a temporary basis, for emergency activities in support of
homeland security.''.
Subtitle C--Land Conveyances
SEC. 2821. TRANSFER OF LAND AT FORT CAMPBELL, KENTUCKY AND TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
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
improvements thereon, located at Fort Campbell, Kentucky and Tennessee,
for the purpose of realigning and upgrading United States Highway 79
from a 2-lane highway to a 4-lane highway.
(b) Consideration.--
(1) Payment.--As consideration for the conveyance of the
right-of-way parcel to be conveyed by subsection (a), 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 Secretary's costs associated with the following:
(A) Costs of conveyance.--The conveyance of the
right-of-way parcel, including the preparation of
documents under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), surveys (including
surveys under subsection (c)), appraisals, cultural
reviews, administrative expenses, cemetery relocation,
and other expenses necessary to transfer the property.
(B) Acquisition of replacement land.--The
acquisition of approximately 200 acres of mission-
essential replacement land required to support the
training mission at Fort Campbell.
(C) Disposal of residual property.--The disposal of
residual land located south of the realigned highway.
(2) Acceptance and credit.--The Secretary may accept funds
under this subsection from the Federal Highway Administration
or the State of Tennessee to pay the costs described in
paragraph (1) and shall credit the funds to the appropriate
Department of the Army accounts for the purpose of paying such
costs.
(3) Period of availability.--All funds accepted by the
Secretary under this subsection shall remain available until
expended.
(c) Description of Property.--The acreage of the real property to
be conveyed, acquired, and disposed of under this section 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 this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2822. 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 improvements 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.
(b) Reimbursement for Costs of Conveyance.--(1) The Department
shall reimburse the Secretary for any costs incurred by the Secretary
in making the conveyance authorized by subsection (a), including costs
related to environmental documentation and other administrative costs.
This paragraph does not apply to costs associated with the
environmental remediation of the real property to be conveyed under
such subsection.
(2) Any reimbursements received under paragraph (1) for costs
described in that paragraph shall be deposited into the accounts from
which the costs were paid, and amounts so deposited shall be merged
with amounts in such accounts and available for the same purposes, and
subject to the same conditions and limitations, as the amounts in such
accounts with which merged.
(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. The cost
of the survey shall be borne by the Department.
(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. 2823. 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 (referred to in this section 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 Boyett
Village/Turner Field 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 authorized under
subsection (a) shall be subject to the following conditions:
(1) That the Corporation accept the real property conveyed
under subsection (a) as is.
(2) That the Corporation bear all costs related to the use
and redevelopment of the real property.
(c) Consideration.--As consideration for the conveyance authorized
by subsection (a), the Corporation shall pay the United States an
amount, determined pursuant to negotiations between the Secretary 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.
(d) Reimbursement for Costs of Conveyance.--The Secretary may
require the Corporation to reimburse the Secretary for any costs
incurred by the Secretary in making the conveyance authorized by
subsection (a).
(e) Deposit of Amounts.--(1) The consideration received under
subsection (c) 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).
(2) Any reimbursements received under subsection (d) for costs
described in that subsection shall be deposited into the accounts from
which the costs were paid, and amounts so deposited shall be merged
with amounts in such accounts and available for the same purposes, and
subject to the same conditions and limitations, as the amounts in such
accounts with which merged.
(f) Exemption.--The conveyance authorized by subsection (a) shall
be exempt from the requirement in section 2696 of title 10, United
States Code, to screen the property for further Federal use.
(g) 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.
(h) 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. 2824. 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 to convey through negotiated
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 authorized
by subsection (a), the purchaser shall pay the United States a single
payment equal to the fair market value of the real property, as
determined pursuant to an appraisal acceptable to the Secretary.
(c) Deposit of Amounts.--Section 574 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 returned 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. 2825. 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''), any or 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
comprising 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 such replacement
facilities on the property conveyed under subparagraph (A) 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 Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to UPS.
(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 appropriate to protect
the interests of the United States.
SEC. 2826. LAND CONVEYANCE, FORT RITCHIE, MARYLAND.
(a) Conveyance Authorized.--The Secretary of the Army shall convey,
without consideration, to the PenMar Development Corporation, a public
instrumentality of the State of Maryland (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 improvements
thereon, at former Fort Ritchie, Cascade, Maryland, consisting of
approximately 33 acres, that is currently being leased by the
International Masonry Institute (in this section referred to as the
``Institute''), for the purpose of enabling the Corporation to sell the
property to the Institute for the economic development of former Fort
Ritchie.
(b) Exemption from Federal Screening Requirement.--The conveyance
authorized by subsection (a) shall be exempt from the requirement to
screen the property concerned for further Federal use pursuant to
section 2696 of title 10, United States Code, under the Defense Base
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note) or under any other applicable law or
regulation.
(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. The cost
of the survey shall be borne by the Corporation.
(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. 2827. FEASIBILITY STUDY OF CONVEYANCE OF LOUISIANA ARMY AMMUNITION
PLANT, DOYLINE, LOUISIANA.
(a) Study Required.--(1) The Secretary of the Army shall conduct a
study of the feasibility, costs, and benefits for the conveyance of the
Louisiana Army Ammunition Plant as a model for a public-private
partnership for the utilization and development of the Plant and
similar parcels of real property.
(2) In conducting the study, the Secretary shall consider--
(A) the feasibility and advisability of entering into
negotiations with the State of Louisiana or the Louisiana
National Guard for the conveyance of the Plant;
(B) means by which the conveyance of the Plant could--
(i) facilitate the execution by the Department of
Defense of its national security mission; and
(ii) facilitate the continued use of the Plant by
the Louisiana National Guard and the execution by the
Louisiana National Guard of its national security
mission;
(C) 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;
(D) the amount and type of consideration that is
appropriate for the conveyance of the Plant;
(E) 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 particular;
(F) the value of any mineral rights in the lands of the
Plant; and
(G) the advisability of sharing revenues and rents paid by
current and potential tenants of the Plant as a result of the
Armament Retooling and Manufacturing Support Program.
(b) Louisiana Army Ammunition Plant.--In this section, the term
``Louisiana Army Ammunition Plant'' means the Louisiana Army Ammunition
Plant in Doyline, Louisiana, consisting of approximately 14,949 acres,
of which 13,665 acres are under license to the Military Department of
the State of Louisiana and 1,284 acres are used by the Army Joint
Munitions Command.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House or Representatives a report
on the study conducted under subsection (a). The report shall include
the results of the study and any other matters in light of the study
that the Secretary considers appropriate.
Subtitle D--Review of Overseas Military Facility Structure
SEC. 2841. SHORT TITLE.
This subtitle may be cited as the ``Overseas Military Facility and
Range Structure Review Act of 2003''.
SEC. 2842. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission on the
Review of the Overseas Military Facility and Range Structure of the
United States (in this subtitle referred to as the ``Commission'').
(b) Membership.--(1) The Commission shall be composed of 9 members
of whom--
(A) one shall be appointed by the Secretary of Defense;
(B) two shall be appointed by the Majority Leader of the
Senate, in consultation with the Chairman of the Committee on
Armed Services of the Senate and the Chairman of the
Subcommittee on Defense of the Committee on Appropriations of
the Senate;
(C) two shall be appointed by the Minority Leader of the
Senate, in consultation with the Ranking Member of the
Committee on Armed Services of the Senate and the Ranking
Member of the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) two shall be appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the
Committee on Armed Services of the House of Representatives and
the Chairman of the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(E) two shall be appointed by the Minority Leader of the
House of Representatives, in consultation with the Ranking
Member of the Committee on Armed Services of the House of
Representatives and the Ranking Member of the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(2) Individuals appointed to the Commission shall have significant
experience in the national security or foreign policy of the United
States.
(3) Appointments of the members of the Commission shall be made not
later than 45 days after the date of the enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(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 of members may hold hearings.
(g) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 2843. DUTIES OF COMMISSION.
(a) Study.--The Commission shall conduct a thorough study of
matters relating to the military facility and range structure of the
United States overseas.
(b) Matters To Be Studied.--In conducting the study, the Commission
shall--
(1) assess the number of military personnel of the United
States required to be based outside the United States;
(2) examine the current state of the military facilities
and training ranges of the United States overseas for all
permanent stations and deployed locations, including the
condition of land and improvements at such facilities and
ranges and the availability of additional land, if required,
for such facilities and ranges;
(3) identify the amounts received by the United States,
whether in direct payments, in-kind contributions, or
otherwise, from foreign countries by reason of military
facilities of the United States overseas;
(4) assess whether or not the current military basing and
training range structure of the United States overseas is
adequate to meet the current and future mission of the
Department of Defense, including contingency, mobilization, and
future force requirements;
(5) assess the feasibility and advisability of the closure
or realignment of military facilities of the United States
overseas, or the establishment of new military facilities of
the United States overseas, to meet the requirements of the
Department of Defense to provide for the national security of
the United States; and
(6) consider or assess any other issue relating to military
facilities and ranges of the United States overseas that the
Commission considers appropriate.
(c) Report.--(1) Not later than August 30, 2004, the Commission
shall submit to the President and Congress a report which shall contain
a detailed statement of the findings and conclusions of the Commission,
together with its recommendations for such legislation and
administrative actions as it considers appropriate.
(2) In addition to the matters specified in paragraph (1), the
report shall also include a proposal by the Commission for an overseas
basing strategy for the Department of Defense in order to meet the
current and future mission of the Department.
SEC. 2844. POWERS OF 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 this
subtitle.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this subtitle. Upon request
of the Chairman of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Administrative Support Services.--Upon request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
necessary for the Commission to carry out its duties under this
subtitle.
(d) 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.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 2845. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government 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 such member is engaged in the performance of
the duties of the Commission under this subtitle. 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.--(1) 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
under this subtitle.
(2) Members and staff of the Commission may receive transportation
on aircraft of the Military Airlift Command to and from the United
States, and overseas, for purposes of the performance of the duties of
the Commission to the extent that such transportation will not
interfere with the requirements of military operations.
(c) Staff.--(1) The Chairman of the Commission may, without regard
to the civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may be
necessary to enable the Commission to perform its duties under this
subtitle. The employment of an executive director shall be subject to
confirmation by the Commission.
(2) The Commission may employ a staff to assist the Commission in
carrying out its duties. The total number of the staff of the
Commission, including an executive director under paragraph (1), may
not exceed 12.
(3) The Chairman of the Commission may fix the compensation of the
executive director and other personnel without regard to 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.--Any employee of the Department
of Defense, the Department of State, or the General Accounting Office
may be detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--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. 2846. SECURITY.
(a) Security Clearances.--Members and staff of the Commission, and
any experts and consultants to the Commission, shall possess security
clearances appropriate for their duties with the Commission under this
subtitle.
(b) In General.--The Secretary of Defense shall assume
responsibility for the handling and disposition of any information
relating to the national security of the United States that is
received, considered, or used by the Commission under this subtitle.
SEC. 2847. TERMINATION OF COMMISSION.
The Commission shall terminate 45 days after the date on which the
Commission submits its report under section 2843(c).
SEC. 2848. FUNDING.
(a) In General.--Of the amount authorized to be appropriated by
section 301(5) for the Department of Defense for operation and
maintenance, Defense-wide, $3,000,000 shall be available to the
Commission to carry out this subtitle.
(b) Availability.--The amount authorized to be appropriated by
subsection (a) shall remain available, without fiscal year limitation,
until September 30, 2005.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
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
$8,933,847,000, to be allocated as follows:
(1) For weapons activities, $6,457,272,000.
(2) For defense nuclear nonproliferation activities,
$1,340,195,000.
(3) For naval reactors, $788,400,000.
(4) For the Office of the Administrator for Nuclear
Security, $347,980,000.
(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 new plant projects for weapons
activities, as follows:
(1) Project 04-D-101, test capabilities revitalization,
phase I, Sandia National Laboratories, Albuquerque, New Mexico,
$36,450,000.
(2) Project 04-D-102, exterior communications
infrastructure modernization, Sandia National Laboratories,
Albuquerque, New Mexico, $20,000,000.
(3) Project 04-D-103, project engineering and design,
various locations, $2,000,000.
(4) Project 04-D-125, chemistry and metallurgy research
(CMR) facility replacement, Los Alamos National Laboratory, Los
Alamos, New Mexico, $20,500,000.
(5) Project 04-D-126, building 12-44 production cells
upgrade, Pantex Plant, Amarillo, Texas, $8,780,000.
(6) Project 04-D-127, cleaning and loading modifications
(CALM), Savannah River Site, Aiken, South Carolina, $2,750,000.
(7) Project 04-D-128, TA-18 mission relocation project, Los
Alamos National Laboratory, Los Alamos, New Mexico, $8,820,000.
(8) Project 04-D-203, project engineering and design,
facilities and infrastructure recapitalization program, various
locations, $3,719,000.
(9) Project 03-D-102, sm.43 replacement administration
building, Los Alamos National Laboratory, Los Alamos, New
Mexico, $50,000,000.
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 carrying 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 in carrying out
environmental restoration and waste management activities
necessary for national security programs, $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 new plant projects for defense site
acceleration completion activities, as follows:
(1) Project 04-D-408, glass waste storage building #2,
Savannah River Site, Aiken, South Carolina, $20,259,000.
(2) Project 04-D-414, project engineering and design,
various locations, $23,500,000.
(3) 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 Department of
Energy for fiscal year 2004 for other defense activities in carrying
out programs necessary for national security in the amount of
$465,059,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department 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
$360,000,000.
SEC. 3105. DEFENSE ENERGY SUPPLY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2004 for defense energy supply in carrying out
programs necessary for national security in the amount of $110,473,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3131. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW-
YIELD NUCLEAR WEAPONS.
(a) Repeal.--Section 3136 of the National Defense Authorization 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 Congress.
(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. 3132. READINESS POSTURE FOR RESUMPTION BY THE UNITED STATES OF
UNDERGROUND NUCLEAR WEAPONS TESTS.
(a) 18-Month Readiness Posture Required.--Commencing not later than
October 1, 2006, the Secretary of Energy shall achieve, and thereafter
maintain, a readiness posture of 18 months for resumption by the United
States of underground nuclear tests, subject to subsection (b).
(b) Alternative Readiness Posture.--If as a result of the review
conducted by the Secretary for purposes of the report required by
section 3142(c) of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2733) the Secretary, in
consultation with the Administrator for Nuclear Security, determines
that the optimal, advisable, and preferred readiness posture for
resumption by the United States of underground nuclear tests is a
number of months other than 18 months, the Secretary may, and is
encouraged to, achieve and thereafter maintain under subsection (a)
such optimal, advisable, and preferred readiness posture instead of the
readiness posture of 18 months.
(c) Report on Determination.--(1) The Secretary shall submit to the
congressional defense committees a report on a determination described
in subsection (b) if the determination leads to the achievement by the
Secretary of a readiness posture of other than 18 months under that
subsection.
(2) The report under paragraph (1) shall set forth--
(A) the determination described in that paragraph,
including the reasons for the determination; and
(B) the number of months of the readiness posture to be
achieved and maintained under subsection (b) as a result of the
determination.
(3) The requirement for a report, if any, under paragraph (1) is in
addition to the requirement for a report under section 3142(c) of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003, and
the requirement in that paragraph shall not be construed as
terminating, modifying, or otherwise affecting the requirement for a
report under such section.
(d) Readiness Posture.--For purposes of this section, a readiness
posture of a specified number of months for resumption by the United
States of underground nuclear weapons tests 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 the
specified number of months after the date on which the President so
directs.
SEC. 3133. TECHNICAL BASE AND FACILITIES MAINTENANCE AND
RECAPITALIZATION ACTIVITIES.
(a) Deadline for Inclusion of Projects in Facilities and
Infrastructure Recapitalization Program.--(1) The Administrator for
Nuclear Security shall complete the selection of projects for inclusion
in the Facilities and Infrastructure Recapitalization Program (FIRP) of
the National Nuclear Security Administration not later than September
30, 2004.
(2) No project may be included in the Facilities and Infrastructure
Recapitalization Program after September 30, 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 (RTBF)
program of the National Nuclear Security Administration.
(2) The guidelines on the Readiness in Technical Base and
Facilities program 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 as provided pursuant to
subparagraph (C).
(C) A description of the scope of maintenance activities
under the program, including recurring maintenance,
construction of facilities, recapitalization of facilities, and
decontamination and decommissioning of facilities.
(3) The guidelines on the Readiness in Technical Base and
Facilities program shall ensure that the maintenance activities
provided for under paragraph (2)(C) are carried out in a timely and
efficient manner designed to avoid maintenance backlogs.
(d) Operations of Facilities Program.--(1) The Administration shall
provide for the administration of the Operations of Facilities Program
of the National Nuclear Security Administration as a program
independent of the Readiness in Technical Base and Facilities Program
and of any other programs that the Operations of Facilities Program is
intended to support.
(2) The Operations of Facilities Program shall be managed by the
Associate Administrator of the National Nuclear Security Administration
for Facilities and Operations, or by such other official within the
National Nuclear Security Administration as the Administrator shall
designate for that purpose.
SEC. 3134. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION 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 by striking ``F-canyon and H-canyon facilities''
and inserting ``H-canyon facility''.
(b) Modification of Limitation on Use of Funds for Decommissioning
F-Canyon Facility.--Subsection (b) of such section 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.
SEC. 3135. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CONGRESS 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 Penetrator
weapon unless specifically authorized by Congress.
Subtitle C--Proliferation Matters
SEC. 3141. EXPANSION OF INTERNATIONAL MATERIALS PROTECTION, CONTROL,
AND ACCOUNTING PROGRAM.
(a) Expansion of Program to Additional Countries.--The Secretary of
Energy may expand the International Materials, Protection, Control, and
Accounting Program to carry out nuclear nonproliferation threat
reduction activities and projects outside the states of the former
Soviet Union.
(b) Notice to Congress of Use of Funds.--Not later than 15 days
before the Secretary obligates funds for the International Materials
Protection, Control, and Accounting Program for a project or activity
in or with respect to a country outside the former Soviet Union
pursuant to the authority in subsection (a), the Secretary shall submit
to the congressional defense committees a notice on the obligation of
such funds for the project or activity that shall specify--
(1) the project or activity, and forms of assistance, for
which the Secretary proposes to obligate such funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement (if any) of any United States
department or agency (other than the Department of Energy), or
the private sector, in the project, activity, or assistance for
which the Secretary proposes to obligate such funds.
SEC. 3142. SEMI-ANNUAL FINANCIAL REPORTS ON DEFENSE NUCLEAR
NONPROLIFERATION PROGRAM.
(a) Semiannual Reports Required.--Not later than April 30 and
October 30 each year, the Administrator for Nuclear Security shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the financial status during the half
fiscal year ending at the end of the preceding month of all Department
of Energy defense nuclear nonproliferation programs for which funds
were authorized to be appropriated for the fiscal year in which such
half fiscal year falls.
(b) Contents.--Each report on a half fiscal year under subsection
(a) shall set forth for each Department of Energy defense nuclear
nonproliferation program for which funds were authorized to be
appropriated for the fiscal year in which such half fiscal year falls--
(1) the aggregate amount appropriated for such fiscal year
for such program; and
(2) of the aggregate amount appropriated for such fiscal
year for such program--
(A) the amounts obligated for such program as of
the end of the half fiscal year;
(B) the amounts committed for such program as of
the end of the half fiscal year;
(C) the amounts disbursed for such program as of
the end of the half fiscal year; and
(D) the amounts that remain available for
obligation for such program as of the end of the half
fiscal year.
(c) Applicability.--This section shall apply with respect to fiscal
years after fiscal year 2003.
SEC. 3143. REPORT ON REDUCTION OF EXCESSIVE UNCOSTED BALANCES FOR
DEFENSE NUCLEAR NONPROLIFERATION ACTIVITIES.
(a) Contingent Requirement for Report.--If as of September 30,
2004, the aggregate amount obligated but not expended for defense
nuclear nonproliferation activities from amounts authorized to be
appropriated for such activities in fiscal year 2004 exceeds an amount
equal to 20 percent of the aggregate amount so obligated for such
activities, 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 so obligated but not expended.
(b) Submittal Date.--If required to be submitted under subsection
(a), the submittal date for the report under that subsection shall be
November 30, 2004.
Subtitle D--Other Matters
SEC. 3151. MODIFICATION OF AUTHORITIES ON DEPARTMENT OF ENERGY
PERSONNEL SECURITY INVESTIGATIONS.
(a) In General.--Subsection e. of section 145 of the Atomic Energy
Act of 1954 (42 U.S.C. 2165) is amended by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) In the case of any program designated by the Secretary of
Energy as sensitive, the Secretary may require that any investigation
required by subsections a., b., and c. of an individual employed in the
program be made by the Federal Bureau of Investigation.''.
(b) Conforming Amendment.--Subsection f. of such section is amended
by striking ``a majority of the members of the Commission shall certify
those specific positions'' and inserting ``the Secretary of Energy may
certify specific positions (in addition to positions in programs
designated as sensitive under subsection e.)''.
SEC. 3152. RESPONSIBILITIES OF ENVIRONMENTAL MANAGEMENT PROGRAM AND
NATIONAL NUCLEAR SECURITY ADMINISTRATION OF DEPARTMENT OF
ENERGY FOR ENVIRONMENTAL CLEANUP, DECONTAMINATION AND
DECOMMISSIONING, AND WASTE MANAGEMENT.
(a) Delineation of Responsibilities.--The Secretary of Energy shall
include in the budget justification materials submitted to Congress in
support of the Department 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 setting forth a delineation of
responsibilities between and among the Environmental Management (EM)
program and the National Nuclear Security Administration (NNSA) of the
Department of Energy for activities on each of the following:
(1) Environmental cleanup.
(2) Decontamination and decommissioning (D&D).
(3) Waste management.
(b) Plan for Implementation of Delineated Responsibilities.--(1)
The Secretary shall include in the budget justification materials
submitted to Congress in support of the Department of Energy budget for
fiscal year 2006 (as so submitted) a report setting forth a plan to
implement among the Environmental Management program and the National
Nuclear Security Administration the responsibilities for activities
referred to in subsection (a) as delineated under that subsection.
(2) The report under paragraph (1) shall include such
recommendations for legislative action as the Secretary considers
appropriate in order to--
(A) clarify in law the responsibilities delineated under
subsection (a); and
(B) facilitate the implementation of the plan set forth in
the report.
(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 Environment.
SEC. 3153. UPDATE OF REPORT ON STOCKPILE STEWARDSHIP CRITERIA.
(a) Update of Report.--Not later than March 1, 2005, the Secretary
of Energy shall submit to the committees referred to in subsection (c)
of section 4202 of the Atomic Energy Defense Act a report updating the
report submitted under subsection (a) of such section.
(b) Elements.--The report under subsection (a) of this section
shall--
(1) update any information or criteria described in the
report submitted under such section 4202;
(2) describe 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 report under subsection (a) of this section;
and
(3) for each science-based tool developed by the Department
of Energy during such period--
(A) a description of the relationship of such
science-based tool to the collection of information
needed to determine that the nuclear weapons stockpile
is safe and reliable; and
(B) a description of the criteria for judging
whether or not such science-based tool provides for the
collection of such information.
SEC. 3154. PROGRESS REPORTS ON ENERGY EMPLOYEES OCCUPATIONAL 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;
(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 identified 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
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. 3155. STUDY ON THE APPLICATION OF TECHNOLOGY FROM THE ROBUST
NUCLEAR EARTH PENETRATOR PROGRAM TO CONVENTIONAL HARD AND
DEEPLY BURIED TARGET WEAPONS DEVELOPMENT PROGRAMS.
(a) Findings.--Much of the work that will be carried out by the
Secretary of Energy in the feasibility study for the Robust Nuclear
Earth Penetrator will have applicability to a nuclear or a conventional
earth penetrator, but the Department of Energy does not have
responsibility for development of conventional earth penetrator or
other conventional programs for hard and deeply buried targets.
(b) Plan.--The Secretary of Energy and the Secretary of Defense
shall develop, submit to Congress three months after the date of
enactment of this Act, and implement, a plan to coordinate the Robust
Nuclear Earth Penetrator feasibility study at the Department of Energy
with the ongoing conventional hard and deeply buried weapons
development programs at the Department of Defense. This plan shall
ensure that over the course of the feasibility study for the Robust
Nuclear Earth Penetrator the ongoing results of the work of the
Department of Energy, with application to the Department of Defense
programs, is shared with and integrated into the Department of Defense
programs.
Subtitle E--Consolidation of General Provisions on Department of Energy
National Security Programs
SEC. 3161. CONSOLIDATION AND ASSEMBLY OF RECURRING AND GENERAL
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.
(2) Construction of transfers.--The transfer of a provision
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 requirement
in a provision of law transferred under this section 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; Definition.--
(1) Short title.--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 by striking ``title'' and inserting
``division''.
(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.--
(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 division D 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 laboratories.--
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 division D 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 division D 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 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 division D 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 division D 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 certification 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 division D 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 division D 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
(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 division D 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 4213''.
(7) Form of certain certifications regarding stockpile.--
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 division D 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 division D 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 division D 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 division D of such
Act, as amended by this subsection;
(B) redesignated as section 4209; and
(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 division D 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) Prohibition on research and development of low-yield
nuclear weapons.--Section 3136 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1946) is--
(A) transferred to title XLII of division D 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 in subsection (b) by striking ``the
date of the enactment of this Act,'' and inserting
``November 30, 1993,''.
(13) 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 division D 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--
(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''.
(14) 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 division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4213;
(C) inserted after section 4212, as added by
paragraph (13); 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)''.
(15) Reports on critical difficulties at laboratories and
plants.--Section 3159 of the National Defense Authorization 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 Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 944), is--
(A) transferred to title XLII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4214; and
(C) inserted after section 4213, as added by
paragraph (14).
(16) Subtitle heading on tritium.--Title XLII of division D
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''.
(17) 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 division D 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 (16); 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''.
(18) 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 division D 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 (17).
(19) Tritium Production.--Subsections (c) and (d) of
section 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 division D 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 (18); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4233. TRITIUM PRODUCTION.'';
(ii) by redesignating such subsections as
subsections (a) and (b), respectively; and
(iii) in subsection (a), as so
redesignated, by inserting ``of Energy'' after
``The Secretary''.
(20) 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 division D 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 (19); 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''.
(21) 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 division D 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 (20).
(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 stewardship.--
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 division D 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 ``of
this Act'' and inserting ``of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-
85)''.
(3) Nonproliferation initiatives and activities.--Section
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 division D 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
(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 division D 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 division D 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 division D 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 weapons usable plutonium.--Section 3182
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 116 Stat. 2747) is--
(A) transferred to title XLIII of division D of
such Act, as amended by this subsection;
(B) redesignated as section 4306; and
(C) inserted after section 4305, as added by
paragraph (7).
(8) 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--
(A) transferred to title XLIII of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4307; and
(C) inserted after section 4306, as added by
paragraph (7).
(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 RESTORATION 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 division D 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 division D 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 division D 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).
(5) Baseline environmental management reports.--Section
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 division D 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 restoration 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 division D 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.--Section 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 division D 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 expenditures.--
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 division D 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 section
3160 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 3095) is--
(A) transferred to title XLIV of division D 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 ENVIRONMENTAL
RESTORATION AND WASTE MANAGEMENT AT DEFENSE NUCLEAR
FACILITIES.'';
and
(ii) by striking ``(e) Public Participation
in Planning.--''.
(10) Subtitle heading on closure of facilities.--Title XLIV
of division D 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 division D 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
expiration 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 division D 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
division D 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--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 division D 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 ``section 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''.
(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 facilities
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 division D 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 division D 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)--
(I) in the matter preceding
subparagraph (A), by striking ``30 days
after the date of the enactment 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
following:
``(A) Lawrence Livermore National Laboratory,
Livermore, 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 division D 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
subsection:
``(c) Definitions.--In this section, the terms `national
laboratory' 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 division D
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 paragraph (4); and
(iv) amended in subsection (c) by striking
``section 3154 of the Department of Energy
Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999
(subtitle D of title XXXI of Public Law 106-65;
42 U.S.C. 7383h)'' and inserting ``section
4504A''.
(B) Counterintelligence polygraph program.--Section
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 division D
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 failures.--
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 division D 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 division D 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 practices 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 division D 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).''.
(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 division D 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 division D 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 declassification
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 division D 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 division D 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
(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 division D 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 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
laboratory-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 division D 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
declassification 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 division D 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,''.
(16) Subtitle heading on emergency response.--Title XLV of
division D 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 division D 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 division D 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 division D 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
(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 division D 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 ``section 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 Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1229),
is--
(A) transferred to title XLVI of division D 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
subsection:
``(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
February 1, 1982, pertaining to the naval nuclear propulsion
program;
``(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
Department 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 division D 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 training and education.--Title XLVI
of division D 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 division D 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 division D 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--
(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 division D 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
division D 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 facilities.--
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 division D 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 division D 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 and radioactive substances.--
Section 3162 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2646) is--
(A) transferred to title XLVI of division D 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 subsection:
``(c) 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 of subcontractor of the Department of Energy
employed at such a facility.''.
(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:
``TITLE XLVII--BUDGET AND FINANCIAL MANAGEMENT MATTERS
``Subtitle A--Recurring National Security Authorization Provisions''.
(2) Recurring national security authorization provisions.--
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 division D of
such Act, as added by paragraph (1);
(B) redesignated as sections 4701 through 4712,
respectively;
(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 division
D 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 division D 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
Authorization Act of 1981 (Public Law 96-540; 94 Stat. 3203)
is--
(A) transferred to title XLVII of division D 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
division D 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 division D 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 APPROPRIATIONS FOR
COMMON DEFENSE AND SECURITY PROGRAMS.'';
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:
``TITLE XLVIII--ADMINISTRATIVE MATTERS
``Subtitle A--Contracts''.
(2) Costs not allowed under certain contracts.--Section
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 division D 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 division D 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 division D 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--
(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 division D 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 division D 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 division
D 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 paragraph (6); and
(iv) amended--
(I) 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)'';
(II) in subsection (d)--
(aa) by striking ``section
3136(b)(1)'' and inserting
``section 4812A(b)(1)''; and
(bb) 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
(III) 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 for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2038),
is--
(i) transferred to title XLVIII of division
D 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 paragraph (7); 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 division D 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 program.--
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 division D 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 division D 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 facilities.--
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 division D 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. 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 division D 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 division D 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
division D 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
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 2044) is--
(A) transferred to title XLVIII of division D 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
on Local Impact Assistance.--''; and
(iii) by striking ``section 3161(c)(6) of
the National Defense Authorization Act of
Fiscal Year 1993 (42 U.S.C. 7274h(c)(6))'' and
inserting ``section 4604(c)(6)''.
(l) Matters Relating to Particular Facilities.--
(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 XLIX--MATTERS RELATING TO PARTICULAR FACILITIES
``Subtitle A--Hanford Reservation, Washington''.
(2) 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 XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as added by paragraph (1);
(B) redesignated as section 4901;
(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;
(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 of the date of the enactment of this
Act,'' and inserting ``Not later than May 5,
1991,''.
(3) 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 XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4902;
(C) inserted after section 4901, 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 ``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,''.
(4) Waste tank cleanup program.--Section 3139 of the Strom
Thurmond National Defense Authorization Act for Fiscal 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 XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4903;
(C) inserted after section 4902, as added by
paragraph (3); 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,''.
(5) 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 XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4903, as added by
paragraph (4); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4904. RIVER PROTECTION PROJECT.'';
and
(ii) by striking ``(a) Redesignation of
Project.--''.
(6) Funding for termination costs of river protection
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 XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4905;
(C) inserted after section 4904, as added by
paragraph (5); and
(D) amended--
(i) by striking ``section 3141'' and
inserting ``section 4904''; and
(ii) by striking ``the date of the
enactment of this Act'' and inserting ``October
30, 2000''.
(7) Subtitle heading on savannah river site, south
carolina.--Title XLIX of division D 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--Savannah River Site, South Carolina''.
(8) 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 XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) redesignated as section 4911; and
(C) inserted after the heading for subtitle B of
such title, as added by paragraph (7).
(9) 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 XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4911, as added by
paragraph (8); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4912. 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''.
(10) Continuation of processing, treatment, and disposal 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 XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) inserted after section 4912, as added
by paragraph (9); and
(iii) amended--
(I) by inserting before the text
the following new section heading:
``SEC. 4913. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSAL 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 XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) redesignated as section 4913A; and
(iii) inserted after section 4913, 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 XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) redesignated as section 4913B; and
(iii) inserted after section 4913A, 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 XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) inserted after section 4913B, as added
by subparagraph (C); and
(iii) amended--
(I) by inserting before the text
the following new section heading:
``SEC. 4913C. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSAL OF
LEGACY NUCLEAR MATERIALS.'';
and
(II) by striking ``(b) Requirement
for Continuing 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 XLIX of division D
of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, as amended by this
subsection;
(ii) inserted after section 4913C, as added
by subparagraph (D); and
(iii) amended--
(I) by inserting before the text
the following new section heading:
``SEC. 4913D. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSAL OF
LEGACY NUCLEAR MATERIALS.'';
(II) by striking ``(f) Requirement
for Continuing Operations at Savannah
River Site.--The Secretary'' and
inserting ``The Secretary of Energy'';
and
(III) by striking ``subsection
(e)'' and inserting ``section 4912''.
(11) 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 XLIX of division D of the
Bob Stump National Defense Authorization Act for Fiscal
Year 2003, as amended by this subsection;
(B) inserted after section 4913D, as added by
paragraph (10)(E); and
(C) amended--
(i) by inserting before the text the
following new section heading:
``SEC. 4914. 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 preceding paragraph (1) and inserting
``the Secretary of Energy''.
(12) Subtitle heading on other facilities.--Title XLIX of
division D 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 Facilities''.
(13) 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 XLIX of division D of such
Act, as amended by this subsection;
(B) redesignated as section 4921; and
(C) inserted after the heading for subtitle C of
such title, as added by paragraph (12).
(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 Authorization
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.).
Attest:
Secretary.
108th CONGRESS
1st Session
H. R. 1588
_______________________________________________________________________
AMENDMENT