[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1588 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1588
To authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2004, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 3, 2003
Mr. Hunter (for himself and Mr. Skelton) (both by request) introduced
the following bill; which was referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2004 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2004''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
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. Defense health program.
Sec. 107. Chemical agents and munitions destruction.
Subtitle B--Multi-Year Contract Authorizations
Sec. 111. Multiyear procurement authority for Navy programs.
Sec. 112. Amendment to multiyear procurement authority for C-130J
aircraft for the Air Force.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Ballistic Missile Defense
Sec. 211. Renewal of authority to assist local communities impacted by
ballistic missile defense system test bed.
Subtitle C--Other Matters
Sec. 221. Rescind the prohibition on research and development of low-
yield nuclear weapons.
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--Environmental Provisions
Sec. 311. Clarify definitions of salvage facilities and salvage
services to include environmental responses
and related equipment.
Sec. 312. Authorization for federal participation in wetland mitigation
banks.
Sec. 313. Provision to exempt restoration advisory boards from the
Federal Advisory Committee Act.
Sec. 314. Repeal of military equipment and infrastructure: prevention
and mitigation of corrosion.
Subtitle C--Workplace and Depot Issues
Sec. 321. Repeal of time limitation on exclusion of expenditures on
contracting for depot-level maintenance.
Sec. 322. Exception to competition requirement for depot-level
maintenance and repair.
Sec. 323. Exclude workloads for special access programs from
limitations on the performance of depot-
level maintenance of materiel.
Sec. 324. Establishing minimum level of performance of depot-level
maintenance of materiel by federal
government personnel or at a government-
owned facility.
Sec. 325. Centers of industrial and technical excellence: extension of
partnership exemption.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2004 limitation on number of non-dual status
technicians.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Repeal of prohibition against regular Navy officers
transferring between line and staff corps
in grades above lieutenant commander.
Sec. 502. Retention of officers serving in health professions to
fulfill active duty service commitments
following promotion non-selection.
Sec. 503. Requirement of exemplary conduct.
Subtitle B--Reserve Component Management
Sec. 511. Ready Reserve training requirement.
Sec. 512. Streamline process to continue officers on the Reserve active
status list.
Subtitle C--Military Education and Training
Sec. 521. Authority for the Marine Corps University to award the degree
of Master of Operational Studies.
Sec. 522. Joint professional military education.
Subtitle D--Administrative Matters
Sec. 531. Enhancements to personnel tempo program.
Sec. 532. Consistent time in service retirement criteria.
Subtitle E--Benefits
Sec. 541. Authority to transport remains of retirees who die in
military treatment facilities outside the
United States.
Sec. 542. Change family separation housing allowance from an
entitlement to a discretionary allowance.
Sec. 543. Payment of dependent student baggage storage.
Sec. 544. Modification of prohibition on requirement of nonavailability
statement or preauthorization.
Subtitle F--Military Justice Matters
Sec. 551. Technical amendment to the Uniform Code of Military Justice
concerning the offense of drunken operation
of a vehicle, aircraft, or vessel.
Subtitle G--Other Matters
Sec. 561. Basic training requirement for certain members accessed under
a direct entry program.
Sec. 562. Alternate initial military service obligation for persons
accessed under direct entry program.
Sec. 563. Joint warfighting capabilities funding.
Sec. 564. Reappointment of Chairman and Vice-Chairman of the Joint
Chiefs of Staff during national emergency.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2004.
Sec. 602. Housing allowance for each married partner when both are on
sea duty and there are no other dependents.
Sec. 603. Amendment to basic pay for certain commissioned officers with
prior service as an enlisted member or
warrant officer.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Increase maximum amount of selective reenlistment bonus.
Sec. 612. Making all warrant officers eligible for accession bonus for
new officers in critical skills.
Sec. 613. Incentive bonus: lateral conversion bonus for converting to
undermanned military occupational
specialties.
Sec. 614. Extending hostile fire and imminent danger pay to Reserve
component members on inactive duty.
Sec. 615. Expanded educational assistance authority for cadets and
midshipmen receiving ROTC scholarships.
Sec. 616. Notice and wait provision concerning critical skills
retention bonus.
Sec. 617. Expansion of overseas tour extension incentive program
benefits to officers.
Sec. 618. One-year extension of certain bonus and special pay
authorities for Reserve forces.
Sec. 619. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 620. One-year extension of authorities relating to payment of
other bonuses.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Shipment of a privately owned motor vehicle within the
continental United States.
Subtitle D--Other Matters
Sec. 631. Permit non-scholarship senior ROTC sophomores to voluntarily
contract and receive subsistence allowance.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Revision of Department of Defense Medicare Eligible Retiree
Health Care Fund to permit more accurate
actuarial valuations.
Sec. 702. Applicability of the Federal Advisory Committee Act to the
Pharmacy and Therapeutics Committee.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Milestone authorization of selected defense acquisition
programs.
Sec. 802. Contract closeout.
Sec. 803. Clarification of requirement to buy certain articles from
american sources; exceptions.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Extend use of the Defense Modernization Account for life
cycle cost reduction initiatives.
Sec. 812. Extension and clarification of authority to carry out certain
prototype projects.
Sec. 813. Other transaction authority for modernizing legacy systems.
Sec. 814. Authority for DoD intelligence components to award personal
service contracts.
Sec. 815. Elimination of subcontract notification requirements.
Sec. 816. Exception for replacement ball bearings and roller bearings
to be used in a component of non-domestic
origin.
Sec. 817. Industry assignment program.
Subtitle C--Acquisition-Related Reports and Other Matters
Sec. 821. Elimination of the requirement to furnish written assurances
of technical data conformity.
Sec. 822. Conversions of commercial activities.
Sec. 823. Make permanent the authority to enter into certain personal
services contracts.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers
Sec. 901. Alternative authority for acquisition and improvement of
military housing.
Subtitle B--Space Activities
Sec. 911. Authorize provision of space surveillance network services to
non-United States government entities.
Subtitle C--Reports
Sec. 921. Repeal of various reports required of the Department of
Defense.
Subtitle D--Other Matters
Sec. 931. Combatant commands initiatives fund.
Sec. 932. Consolidating the financial management of facilities in the
national capital region and designated
alternate sites.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Payment of full replacement value for personal property
claims.
Sec. 1002. Restoration of authority to enter into 12-month leases at
any time during the fiscal year.
Sec. 1003. Authority to provide reimbursement for cellular telephone
use.
Sec. 1004. Reimbursement for Reserve intelligence support.
Sec. 1005. Increased use of energy cost savings.
Sec. 1006. Allow the Department of Defense to capture all expired funds
from the Military Personnel and Operation
and Maintenance Appropriations Accounts for
use in the Foreign Currency Fluctuations
Account.
Sec. 1007. Funding for special operations Reserve component personnel
engaged in activities relating to clearance
of landmines.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Reimbursement to the Navy for assistance provided in support
of certain ship and shipboard equipment
transfers.
Sec. 1012. Vessels stricken from naval vessel register: use for
experimental purposes.
Sec. 1013. Authorize transfer of vessels stricken from the naval vessel
register for use as artificial reefs.
Sec. 1014. Repeal of the Shipbuilding Capability Preservation
Agreement.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extend authority for use of counter drug activities.
Sec. 1022. Department of Defense support for counter-terrorism
activities in the Americas.
Sec. 1023. Expansion and extension of authority to provide additional
support for counter-drug activities.
Subtitle D--Other Department of Defense Provisions
Sec. 1031. Provision of living quarters for certain students.
Sec. 1032. Repeal of required grade for defense attache in France.
Sec. 1033. National Geospatial-Intelligence Agency.
Subtitle E--Other Matters
Sec. 1041. Updating definitions in title 10, United States Code.
Sec. 1042. Improving readiness in providing firefighting services.
Sec. 1043. Documents, historical artifacts, and obsolete or surplus
materiel: loan, donation, or exchange.
Sec. 1044. Authority to ensure demilitarization of significant military
equipment formerly owned by the Department
of Defense.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Position vacancy promotion consideration in time of war or
national emergency.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Related to Allies and Friendly Foreign Nations
Sec. 1201. Expansion of authority to conduct the Arctic military
environmental cooperation program.
Sec. 1202. Authority to waive domestic source or content requirements.
Sec. 1203. Authority to expend funds to recognize superior noncombat
achievements or performance by members of
friendly foreign forces and other foreign
nationals.
Sec. 1204. Administrative support and services for foreign liaison
officers.
Sec. 1205. George C. Marshall European Center for Security Studies.
Sec. 1206. Restrictions on permanent transfer of significant military
equipment.
Sec. 1207. Amendment to authority for acceptance by Asia-Pacific Center
for Security Studies of foreign gifts and
donations.
Sec. 1208. Addition of individuals authorized to receive check cashing
and exchanges of foreign currency.
Sec. 1209. Continuation of the regional counterterrorism fellowship
program.
Sec. 1210. Logistics support for friendly nations.
Subtitle B--Other Matters
Sec. 1221. Repeal of the authorization for the establishment of the
Center for the Study of Chinese Military
Affairs.
TITLE XIII--HOMELAND SECURITY
Sec. 1301. Sales of chemical and biological defense articles and
services to state and local governments.
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. Modification to carry out certain fiscal year 2002 projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of 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 and Military Family Housing
Sec. 2801. Streamlining military construction to reduce facility
acquisition and construction cycle time.
Sec. 2802. Increased terms for leases of family housing and other
facilities in foreign countries.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Expanded authority to transfer property at military
installations to be closed to persons who
construct or provide military housing.
Sec. 2812. Acceptance of in-kind consideration for easements.
Sec. 2813. Modification of authority to accept funds to cover
administrative expenses relating to certain
real property transactions.
Sec. 2814. Authority to convey property at military installations to
persons who construct or provide military
housing.
Sec. 2815. Increase in threshold for reports to congressional
committees on real property transactions.
Sec. 2816. Contracting with local governments for municipal services.
Subtitle C--Other Matters
Sec. 2821. Increase authority to lease military family housing in
Italy.
Sec. 2822. Conveyance of Army and Air Force Exchange Service property,
Dallas, Texas.
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, $2,128,485,000.
(2) For missiles, $1,459,462,000.
(3) For weapons and tracked combat vehicles,
$1,640,704,000.
(4) For ammunition, $1,309,966,000.
(5) For other procurement, $4,216,854,000.
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, $8,788,148,000.
(2) For weapons, including missiles and torpedoes,
$1,991,821,000.
(3) For shipbuilding and conversion, $11,438,984,000.
(4) For other procurement, $4,679,443,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2004 for procurement for the Marine Corps in the amount
of $1,070,999,000.
(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 Marine Corps in the amount of $922,355,000.
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, $12,079,360,000.
(2) For missiles, $4,393,039,000.
(3) For procurement of ammunition, $1,284,725,000.
(4) For other procurement, $11,583,659,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2004
for defense-wide procurement in the amount of $3,691,006,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2004
for procurement for the Defense Inspector General in the amount of
$2,100,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
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. 107. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION.
Funds are hereby authorized to be appropriated for fiscal year 2004
for chemical agents and munitions destruction in the amount of
$1,650,076,000 for--
(1) the destruction of lethal chemical weapons 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 material of the
United States that is not covered by section 1412 of such Act.
Subtitle B--Multi-Year Contract Authorizations
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR NAVY PROGRAMS.
(a) Multi-Year Contract 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 multiyear
contracts for procurement of the following:
(1) F/A-18 aircraft.
(2) E-2C aircraft.
(3) the Tactical Tomahawk missile.
(4) the Virginia class submarine.
(b) Shipbuilder Teaming.--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) apply to the procurement
of Virginia class submarines under this section.
SEC. 112. AMENDMENT TO MULTIYEAR PROCUREMENT AUTHORITY FOR C-130J
AIRCRAFT FOR THE AIR FORCE.
Section 131(a) of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2475) is amended by
striking ``40 C-130J aircraft'' and inserting ``42 C-130J aircraft''.
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 Armed Forces for research, development, test, and
evaluation, as follows:
(1) For the Army, $9,122,825,000.
(2) For the Navy, $14,106,653,000.
(3) For the Air Force, $20,336,258,000.
(4) For Defense-wide research, development, test, and
evaluation, $18,260,918,000, of which $286,661,000 is
authorized for the Director of Operational Test and Evaluation.
(5) For the Defense Health Program, $65,796,000.
(6) For the Defense Inspector General, $300,000.
Subtitle B--Ballistic Missile Defense
SEC. 211. RENEWAL OF AUTHORITY TO ASSIST LOCAL COMMUNITIES IMPACTED BY
BALLISTIC MISSILE DEFENSE SYSTEM TEST BED.
Section 235(b)(1) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1041) is amended by
striking ``for fiscal year 2002'' and inserting ``for fiscal years
after fiscal year 2001''.
Subtitle C--Other Matters
SEC. 221. RESCIND THE 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 repealed.
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 of the United States 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, $24,965,342,000.
(2) For the Navy, $28,287,690,000.
(3) For the Marine Corps, $3,406,656,000.
(4) For the Air Force, $27,793,931,000.
(5) For the Defense-wide activities, $16,570,847,000.
(6) For the Army Reserve, $1,952,009,000.
(7) For the Naval Reserve, $1,171,921,000.
(8) For the Marine Corps Reserve, $173,952,000.
(9) For the Air Force Reserve, $2,179,188,000.
(10) For the Army National Guard, $4,211,331,000.
(11) For the Air National Guard, $4,402,646,000.
(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, $212,619,000.
(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 the Defense Health Program, $14,876,887,000.
(22) For Cooperative Threat Reduction programs,
$450,800,000.
(23) For Overseas Contingency Operations Transfer Fund,
$50,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2004
for the use of the Armed Forces of the United States 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, $1,721,507,000.
(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
United States Soldiers' and Airmen's Home and the Naval Home.
Subtitle B--Environmental Provisions
SEC. 311. CLARIFY DEFINITIONS OF SALVAGE FACILITIES AND SALVAGE
SERVICES TO INCLUDE ENVIRONMENTAL RESPONSES AND RELATED
EQUIPMENT.
(a) Salvage Facilities.--Section 7361(a) of title 10, United States
Code, is amended by adding at the end the following new sentence:
``Salvage facilities include, but are not limited to, equipment and
gear utilized to prevent, abate or minimize damage to the
environment.''.
(b) Settlement of Claims for Salvage Services.--Section 7363 of
such title is amended by adding at the end the following new sentence:
``Claims for such salvage services include, but are not limited to,
those for enhanced or special compensation for services that prevent,
abate or minimize damage to the environment.''.
SEC. 312. AUTHORIZATION FOR FEDERAL PARTICIPATION IN WETLAND MITIGATION
BANKS.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2697. Authorization for Federal participation in wetland
mitigation banks
``The Secretary of a military department engaged in any activity
resulting, or which may result, in the destruction of or impacts to
wetlands is authorized to make payments to wetland mitigation banking
programs and consolidated user sites (`in-lieu-fee' programs) that have
been approved in accordance with the Federal Guidance for the
Establishment, Use, and Operation of Mitigation Banks or the Federal
Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory
Mitigation Under Section 404 of the Clean Water Act and Section 10 of
the Rivers and Harbors Act as an alternative to creating a wetland for
mitigation on Federal property for construction projects. These
payments may be included as eligible project costs for military
construction.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2697. Authorization for Federal participation in wetland mitigation
banks.''.
SEC. 313. PROVISION TO EXEMPT RESTORATION ADVISORY BOARDS FROM THE
FEDERAL ADVISORY COMMITTEE ACT.
Section 2705 (d)(2) of chapter 160 of title 10, United States Code,
is amended by adding at the end the following new subparagraph:
``(C) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to any restoration advisory board established by the Secretary
pursuant to this subsection.''.
SEC. 314. REPEAL OF MILITARY EQUIPMENT AND INFRASTRUCTURE: PREVENTION
AND MITIGATION OF CORROSION.
(a) In General.--Section 2228 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections for chapter 131 of
this title is amended by striking the item relating to section 2228.
Subtitle C--Workplace and Depot Issues
SEC. 321. REPEAL OF TIME LIMITATION ON EXCLUSION OF EXPENDITURES ON
CONTRACTING FOR DEPOT-LEVEL MAINTENANCE.
Section 2474(f)(2) of title 10, United States Code, is amended by
striking ``for fiscal years 2002 through 2005''.
SEC. 322. EXCEPTION TO COMPETITION REQUIREMENT FOR DEPOT-LEVEL
MAINTENANCE AND REPAIR.
Section 2469 of title 10, United States Code, is amended by
inserting at the end the following new subsection (d):
``(d) Exceptions.--This section shall not apply with respect to
depot-level maintenance and repair workload that is the subject of a
public-private partnership entered into pursuant to section 2474(b) of
this title provided--
``(1) competition is sought to select the source that will
partner with the depot to perform the workload;
``(2) the payment requests made by the partnership for work
performed reflect the full cost to the Government of resources
used by the depot for providing services, which shall include
costs of resources used, but not paid for, by the depot;
``(3) the portion of the payment received by the
partnership that is necessary to cover the full cost of
performance by the depot, as required by paragraph (2), is
transferred to the General fund in the Treasury to the extent
the payment is reimbursing the depot for federal resources the
depot has used, but not paid for, in performing its work;
``(4) in accordance with applicable contracting procedures,
the customer agency is not charged for any effort undertaken by
the partnership to correct performance deficiencies; and
``(5) the depot does not charge its partner contractor for
any effort the depot undertakes to correct performance
deficiencies under the contract.''.
SEC. 323. EXCLUDE WORKLOADS FOR SPECIAL ACCESS PROGRAMS FROM
LIMITATIONS ON THE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE
OF MATERIEL.
Section 2466(d) of title 10, United States Code, is amended to read
as follows:
``(d) Exceptions.--Subsection (a) shall not apply with respect to--
``(1) the Sacramento Army Depot, Sacramento, California;
and
``(2) workloads for special access programs.''.
SEC. 324. ESTABLISHING MINIMUM LEVEL OF PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE OF MATERIEL BY FEDERAL GOVERNMENT PERSONNEL
OR AT A GOVERNMENT-OWNED FACILITY.
(a) Establishing Minimum Level.--Section 2466(a) of title 10,
United States Code, is amended to read as follows:
``(a) Allocation of Workload Percentage.--At least 50 percent of
the funds made available in a fiscal year to a military department or a
Defense Agency for depot-level maintenance and repair workload shall be
used for the performance of such workload for the military department
or the Defense Agency by Federal Government personnel or at a
Government-owned facility.''.
(b) Conforming Amendment.--Section 2474(f)(1) of such title is
amended by striking ``percentage limitation'' and inserting
``allocation of workload percentage''.
SEC. 325. CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE: EXTENSION OF
PARTNERSHIP EXEMPTION.
Section 2474(f)(1) of title 10, United States Code, is amended by
striking ``at'' and inserting ``for''.
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.
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, 107,000.
(6) The Air Force Reserve, 75,800.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve 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
increased proportionately 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, in the case of members of the National Guard, full-time
National Guard duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 25,386.
(2) The Army Reserve, 14,374.
(3) The Naval Reserve, 14,384.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,140.
(6) The Air Force Reserve, 1,660.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The Reserve Components of the Army and the Air Force are authorized
strengths for military technicians (dual status) as of September 30,
2004, as follows:
(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 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
The number of civilian employees who are non-dual status
technicians of a reserve component of the Army or Air Force as of
September 30, 2004, may not exceed the following:
(1) For the Army Reserve, 895.
(2) For the Army National Guard of the United States,
1,600.
(3) For the Air Force Reserve, 90.
(4) For the Air National Guard of the United States, 350.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. REPEAL OF PROHIBITION AGAINST REGULAR NAVY OFFICERS
TRANSFERRING BETWEEN LINE AND STAFF CORPS IN GRADES ABOVE
LIEUTENANT COMMANDER.
(a) Repeal.--Section 5582 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 539 of such title is amended by striking the item relating to
section 5582.
SEC. 502. RETENTION OF OFFICERS SERVING IN HEALTH PROFESSIONS TO
FULFILL ACTIVE DUTY SERVICE COMMITMENTS FOLLOWING
PROMOTION NON-SELECTION.
(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 on the date on which he is to be discharged under
paragraph (1) a medical officer or dental officer or an officer
appointed in a medical skill other than as a medical officer or
dental officer (as defined in regulations prescribed by the
Secretary of Defense) has yet to complete a period of active
duty service obligation incurred under section 2005, 2114,
2123, or 2603 of this title, he shall be retained on active
duty until completion of such service obligation, unless the
Secretary concerned determines that completion of the active
duty obligation is not in the best interest of the military
department.''.
(b) Technical Amendment.--Such subsection is further amended by
striking ``clause (1)'' in paragraph (3) and inserting ``paragraph
(1)''.
SEC. 503. REQUIREMENT OF EXEMPLARY CONDUCT.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 121 the following new section:
``Sec. 121a. Requirement of exemplary conduct
``All commanding officers and others in authority in the Department
of Defense are required--
``(1) to show in themselves a good example of virtue,
honor, patriotism, and subordination;
``(2) to be vigilant in inspecting the conduct of all
persons who are placed under their command or charge;
``(3) to guard against and to suppress all dissolute and
immoral practices and to correct, according to applicable laws
and regulations, all persons who are guilty of them; and
``(4) to take all necessary and proper measures, under the
laws, regulations, and customs applicable to the armed forces,
to promote and safeguard the morale, the physical well-being,
and the general welfare of the officers, enlisted persons, and
civilian persons under their command or charge.''.
(b) Conforming and Clerical Amendments.--(1) The table of sections
at the beginning of such chapter is amended by inserting after the item
relating to section 121 the following new item:
``121a. Requirement of exemplary conduct.''.
(2) Title 10 is further amended as follows:
(A)(i) Section 3583 is repealed.
(ii) The table of sections at the beginning of chapter 345
is amended by striking the item relating to section 3583.
(B)(i) Section 5947 is repealed.
(ii) The table of sections at the beginning of chapter 551
is amended by striking the item relating to section 5947.
(C)(i) Section 8583 is repealed.
(ii) The table of sections at the beginning of chapter 845
is amended by striking the item relating to section 8583.
Subtitle B--Reserve Component Management
SEC. 511. READY RESERVE TRAINING REQUIREMENT.
Subsection (a) of section 10147 of title 10, United States Code, is
amended to read as follows:
``(a) Except as specifically provided in regulations to be
prescribed by the Secretary of Defense, or by the Secretary of Homeland
Security with respect to the Coast Guard when it is not operating as a
service in the Navy, each person who is enlisted, inducted, or
appointed in an armed force, and who becomes a member of the Ready
Reserve under any provision of law except section 513 or 10145(b) of
this title, shall be required, while in the Ready Reserve, to
participate in a combination of drills, training periods or active duty
equivalent to 38 days, exclusive of travel, during each year.''.
SEC. 512. STREAMLINE PROCESS TO CONTINUE 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 by the
Secretary concerned'';
(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 Amendment.--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.
Subtitle C--Military Education and Training
SEC. 521. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD THE DEGREE
OF MASTER OF OPERATIONAL STUDIES.
Section 7102 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Command and Staff College of the Marine Corps University.--
Upon the recommendation of the Director and faculty of the Command and
Staff College of the Marine Corps University, the President of the
Marine Corps University may confer the degree of master of operational
studies upon graduates of the Command and Staff College's School of
Advanced Warfighting who fulfill the requirements for that degree.''.
SEC. 522. JOINT PROFESSIONAL MILITARY EDUCATION.
Section 663(e) of title 10, United States Code, is repealed.
Subtitle D--Administrative Matters
SEC. 531. ENHANCEMENTS TO PERSONNEL TEMPO PROGRAM.
(a) Revisions to Deployment Limits and Authority To Authorize
Exemptions.--Section 991(a) of title 10, United States Code, is amended
to read as follows:
``(a) Service and General or Flag Officer Responsibilities.--The
deployment (or potential deployment) of a member of the armed forces
shall be managed to ensure 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 730 days would exceed
400, or a lower threshold as approved by the Under Secretary of Defense
for Personnel and Readiness. The member may be deployed, or continued
in a deployment, without regard to the preceding sentence if such
deployment, or continued deployment, is approved by a member of the
Senior Executive Service or the first general or flag officer
(including officers in the grade of 0-6 in such positions already
selected for general or flag rank) in the member's chain of command.''.
(b) Changes to High-Deployment Allowance.--Section 436 of title 37,
United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Monthly Allowance Required.--The Secretary of the military
department concerned shall pay a high-deployment allowance to a member
of the armed forces under the Secretary's jurisdiction for each month
during which the member--
``(1) is deployed; and
``(2) has, as of that day, been deployed for either or both
of the following periods:
``(A) 401 or more days out of the preceding 730
days (or at a lower threshold as approved by the Under
Secretary of Defense for Personnel and Readiness); or
``(B) 191 or more consecutive days (or for a lower
threshold as approved by the Under Secretary of Defense
for Personnel and Readiness).'';
(2) by amending subsection (c) to read as follows:
``(c) Maximum Rate.--The maximum monthly rate of the allowance
payable to a member under this section is $1,000.'';
(3) in subsection (e), by striking ``per diem'' and
inserting ``allowance'';
(4) in subsection (f)--
(A) by striking ``per diem'' and inserting
``allowance''; and
(B) by striking ``day on'' and inserting ``month
during''; and
(5) by adding at the end the following new subsection:
``(g) Excluded Billets.--The Secretary concerned may exclude
selected billets from eligibility for the high-deployment allowance
upon approval by the Under Secretary of Defense for Personnel and
Readiness. A billet may only be excluded on a prospective basis once
the current incumbent has vacated that billet.''.
(c) Changes to Reporting Requirement.--Section 487(b)(5) of title
10, United States Code, is amended to read as follows:
``(5) For each of the armed forces, the description shall indicate
the number of members who received the high-deployment allowance, the
total number of months for which the allowance was paid to members, and
the total amount spent on the allowance.''.
(d) Clerical Amendments.--(1) The heading of section 436 of title
37, United States Code, is amended to read as follows:
``Sec. 436. Monthly high-deployment allowance for lengthy or numerous
deployments'';
and
(2) The item relating to that section in the table of sections at
the beginning of chapter 7 of such title is amended to read as follows:
``436. Monthly high-deployment allowance for lengthy or numerous
deployments.''.
SEC. 532. CONSISTENT TIME IN SERVICE RETIREMENT CRITERIA.
(a) Officers in Regular Navy or Marine Corps Who Completed 40 Years
of Active Service.--Section 6321(a) of title 10, United States Code, is
amended by striking ``after completing 40 or more years'' and inserting
``and has at least 40 years''.
(b) Officers in Regular Navy or Marine Corps Who Completed 30 Years
of Active Service.--Section 6322(a) of such is amended by striking
``after completing 30 or more years'' and inserting ``and has at least
30 years''.
(c) Officers in Navy or Marine Corps Who Completed 20 Years of
Active Service.--Section 6323(a)(1) of such title is amended by
striking ``after completing more than 20 years'' and inserting ``and
has at least 20 years''.
(d) Enlisted Members in Regular Navy or Marine Corps Who Completed
30 Years of Active Service.--Section 6326(a) of such title is amended
by striking ``after completing 30 or more years'' and inserting ``and
has at least 30 years''.
(e) Transfer of Enlisted Members to the Fleet Reserve and Fleet
Marine Corps Reserve.--Section 6330(b) of such title is amended by
striking ``who has completed 20 or more years'' both places it appears
and inserting ``and has at least 20 years''.
(f) Transfer of Members of the Fleet Reserve and Fleet Marine Corps
Reserve to the Retired List.--Section 6331(a) of such title is amended
by striking ``completed 30 years'' and inserting ``has at least 30
years''.
(g) Effective Date.--The Secretary of the Navy may determine the
effective date of the amendments made by this section.
Subtitle E--Benefits
SEC. 541. AUTHORITY TO TRANSPORT REMAINS OF RETIREES WHO DIE IN
MILITARY TREATMENT FACILITIES OUTSIDE THE UNITED STATES.
(a) Authorize Transport Outside the United States.--Section 1490 of
title 10, United States Code, is amended--
(1) in subsection (a), by striking ``located in the United
States''; and
(2) in subsection (b)(1), by striking ``outside the United
States or to a place''.
(b) Conforming Amendment.--Subsection (c) of such section is
amended to read as follows:
``(c) In this section, the term `dependent' has the meaning given
such term in section 1072(2) of this title.''.
SEC. 542. CHANGE FAMILY SEPARATION HOUSING ALLOWANCE FROM AN
ENTITLEMENT TO A DISCRETIONARY ALLOWANCE.
Section 403(d)(1) of title 37, United States Code, is amended by
striking ``is entitled to'' and inserting ``may be paid, at the
discretion of the Secretary concerned,''.
SEC. 543. PAYMENT OF DEPENDENT STUDENT BAGGAGE STORAGE.
Section 430(b)(2) of title 37, United States Code, is amended by
striking ``during the dependent's annual trip between the school and
the member's duty station'' and inserting ``one time per fiscal year''.
SEC. 544. MODIFICATION OF PROHIBITION ON REQUIREMENT OF NONAVAILABILITY
STATEMENT OR PREAUTHORIZATION.
Section 721 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654A-184), as
enacted into law by Public Law 106-398, and as amended by Public Law
107-107, is hereby repealed.
Subtitle F--Military Justice Matters
SEC. 551. TECHNICAL AMENDMENT TO THE UNIFORM CODE OF MILITARY JUSTICE
CONCERNING THE OFFENSE OF DRUNKEN OPERATION OF A VEHICLE,
AIRCRAFT, OR VESSEL.
Section 911 of title 10, United States Code, is amended to read as
follows:
``Sec. 911. Drunken or reckless operation of a vehicle, aircraft, or
vessel
``(a) Any person subject to this chapter who--
``(1) operates or physically controls any vehicle,
aircraft, or vessel in a reckless or wanton manner or while
impaired by a substance described in section 912a(b) of this
title, or
``(2) operates or is in actual physical control of any
vehicle, aircraft, or vessel while drunk or when the alcohol
concentration in the person's blood or breath is at or above
the level prohibited under subsection (b), as shown by chemical
analysis, shall be punished as a court-martial may direct.
``(b)(1) For purposes of subsection (a), the applicable limit on
the alcohol concentration in a person's blood or breath is as follows:
``(A) In the case of the operation or control of a vehicle,
aircraft, or vessel in the -United States, the level is the
blood or breath alcohol concentration prohibited 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, and subject to the
prohibited alcohol concentration level specified in paragraph
(3).
``(B) In the case of the operation or control of a vehicle,
aircraft, or vessel outside the United States, the level is the
blood alcohol concentration specified in paragraph (3) or such
lower level as the Secretary of Defense may by regulation
prescribe.
``(2) In the case of a military installation that is in more than
one State, if those States have different levels for defining their
prohibited blood alcohol concentrations under their respective State
laws, the Secretary concerned for the installation may select one such
level to apply uniformly on that installation.
``(3) For purposes of paragraph (1), the level of alcohol
concentration prohibited in a person's blood is 0.10 grams or more of
alcohol per 100 milliliters of blood and with respect to a person's
breath is 0.10 grams or more of alcohol per 210 liters of breath, as
shown by chemical analysis.
``(4) In this subsection, the term `United States' included the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, and American Samoa and the term `State' includes each of
those jurisdictions.''.
Subtitle G--Other Matters
SEC. 561. BASIC TRAINING REQUIREMENT FOR CERTAIN MEMBERS ACCESSED UNDER
A DIRECT ENTRY PROGRAM.
Paragraph (1) of section 671(c) of title 10, United States Code, is
amended to read as follows:
``(1) Under regulations prescribed under paragraph (2), a
period of basic training (or equivalent training) shorter than
12 weeks may be established by the Secretary concerned for
members of the armed forces who--
``(A) have been credentialed in a medical
profession or occupation and are serving in a health-
care occupational specialty; or
``(B) have been accessed into a direct entry
program established by the Secretary concerned based on
unique skills acquired in a civilian occupation.
Any such period shall be established under regulations
prescribed under paragraph (2) and may be established
notwithstanding section 4(a) of the Military Selective Service
Act (50 U.S.C. App. 454(a)).''.
SEC. 562. ALTERNATE INITIAL MILITARY SERVICE OBLIGATION FOR PERSONS
ACCESSED UNDER DIRECT ENTRY PROGRAM.
Subsection (a) of section 651 of title 10, United States Code, is
amended to read as follows:
``(a)(1) Each person who becomes a member of an armed force, other
than a person described in paragraph (2), shall serve in the armed
forces for a total initial period of not less than six years nor more
than eight years, as provided in regulations prescribed by the
Secretary of Defense for the armed forces under his jurisdiction and by
the Secretary of Homeland Security for the Coast Guard when it is not
operating as a service in the Navy, unless such person is sooner
discharged under such regulations because of personal hardship. Any
part of such service that is not active duty or that is active duty for
training shall be performed in a reserve component.
``(2) A person is not subject to paragraph (1) if that person--
``(A) deferred under the next to the last sentence of
section 6(d)(1) of the Military Selective Service Act (50
U.S.C. App. 456(d)(1)); or
``(B) accessed into a direct entry program established by
the Secretary concerned based on unique skills acquired in a
civilian occupation.''.
SEC. 563. JOINT WARFIGHTING CAPABILITIES FUNDING.
Section 166a(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(10) Joint warfighting capabilities.''.
SEC. 564. REAPPOINTMENT OF CHAIRMAN AND VICE-CHAIRMAN OF THE JOINT
CHIEFS OF STAFF DURING NATIONAL EMERGENCY.
(a) Reappointment of the Chairman of the Joint Chiefs of Staff.--
Section 152(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``in time of war'' and
inserting ``in time of war or during a national emergency
declared by the President or Congress''; and
(2) in paragraph (3), by striking ``in time of war'' and
inserting ``in time of war or during a national emergency
declared by the President or Congress''.
(b) Reappointment of the Vice-Chairman of the Joint Chiefs of
Staff.--Paragraph (3) of section 154(a) of such title is amended by
striking ``in time of war'' and inserting ``in time of war or during a
national emergency declared by the President or Congress''.
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 for Members of Armed Forces.--Effective
on January 1, 2004, the rates of monthly basic pay for members of the
armed forces 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\.......... 2,595.60 2,956.50 3,405.00 3,519.90 3,592.50
O-1\3\.......... 2,253.60 2,345.10 2,834.70 2,834.70 2,834.70
-------------------------------------------------------
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\.......... 3,592.50 3,592.50 3,592.50 3,592.50 3,592.50
O-1\3\.......... 2,834.70 2,834.70 2,834.70 2,834.70 2,834.70
-------------------------------------------------------
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\.......... 3,592.50 3,592.50 3,592.50 3,592.50 3,592.50
O-1\3\.......... 2,834.70 2,834.70 2,834.70 2,834.70 2,834.70
------------------------------------------------------------------------
\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, or Commandant of the Coast Guard, is $14,679.30, 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.............. 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40
E-1\3\........... 1,086.00 0.00 0.00 0.00 0.00
------------------------------------------------------
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.............. 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40
E-1\3\........... 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90
------------------------------------------------------
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.............. 1,331.40 1,331.40 1,331.40 1,331.40 1,331.40
E-1\3\........... 1,173.90 1,173.90 1,173.90 1,173.90 1,173.90
------------------------------------------------------------------------
\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 $1,086.00.
(c) Increase in Basic Pay for Members of the Uniformed Services Not
in the Armed Forces.--Effective on January 1, 2004, the monthly basic
pay for members of the uniformed services not in the armed forces is
increased by 2.0 percent.
SEC. 602. HOUSING ALLOWANCE FOR EACH MARRIED PARTNER WHEN BOTH ARE ON
SEA DUTY AND THERE ARE NO OTHER DEPENDENTS.
Subparagraph (C) of subsection 403(f)(2) of title 37, United States
Code, is amended to read as follows:
``(C) Notwithstanding section 421 of this title, two members of the
uniformed services in a pay grade below pay grade E-6 who are married
to each other, have no other dependents, and are simultaneously
assigned to sea duty are each entitled to a basic allowance for housing
during the period of such simultaneous sea duty. The amount of each
member's allowance shall be based on the without dependents rate for
the pay grade of the member.''.
SEC. 603. AMENDMENT TO BASIC PAY FOR CERTAIN COMMISSIONED OFFICERS WITH
PRIOR SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER.
Section 203(d)(2) of title 37, United States Code, is amended to
read as follows:
``(2) Service to be taken into account for purposes of computing
basic pay under paragraph (1) is as follows:
``(A) Active service as a warrant officer or as a warrant
officer and an enlisted member.
``(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.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. INCREASE MAXIMUM AMOUNT OF SELECTIVE REENLISTMENT BONUS.
Section 308(a)(2)(B) of title 37, United States Code, is amended by
striking ``$60,000'' and inserting ``$90,000''.
SEC. 612. MAKING ALL WARRANT OFFICERS ELIGIBLE FOR ACCESSION BONUS FOR
NEW OFFICERS IN CRITICAL SKILLS.
Section 324 of title 37, United States Code, is amended--
(1) in subsection (a), by inserting ``or an appointment''
after ``commission''; and
(2) in subsection (f), by inserting ``or an appointment''
after ``commission''.
SEC. 613. INCENTIVE BONUS: LATERAL CONVERSION BONUS FOR CONVERTING TO
UNDERMANNED MILITARY OCCUPATIONAL SPECIALTIES.
(a) Bonus Authorized.--Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
``Sec. 326. Incentive bonus: lateral conversion bonus for converting to
undermanned military occupational specialties
``(a) Authority and Eligibility Requirements.--
``(1) The Secretary concerned may pay a bonus to a member
of the armed forces who agrees to serve in a military
occupational specialty, rating or other military specialty
defined by the member's armed force, that is designated by the
Secretary concerned as undermanned for purposes of this bonus.
``(2) A bonus may only be paid under this section to a
member who--
``(A) is entitled to basic pay;
``(B) is serving in pay grade E-6 (with less than
10 years of service) or E-5 and below (regardless of
years of service); and
``(C) agrees to serve for a period of not less than
two years in a military occupational specialty, rating
or other military specialty designated by the Secretary
concerned as undermanned for the purposes of this
bonus.
``(b) Amount and Payment of Bonus.--
``(1) A bonus under this section may not exceed $4,000.
``(2) Any bonus payable under this section shall be
disbursed in one lump sum payment when the member's conversion
to the new military specialty is approved by the personnel
chief of the member's armed force, or his designee.
``(c) 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.
``(d) Repayment of Bonus.--
``(1) A member who receives a bonus payment under this
section and who voluntarily or through misconduct, fails to
serve for the required period in the undermanned military
occupational specialty, rating or other military specialty
defined by the armed force for which the bonus was paid, shall
refund to the United States an amount that bears the same ratio
to the amount of the bonus paid to the member as the period
that the member failed to serve bears to the total period for
which the bonus was paid.
``(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 service
for which a bonus was paid under this section shall not
discharge the person receiving such bonus payment from the debt
arising under paragraph (1).
``(4) Under regulations prescribed pursuant to subsection
(e), the Secretary concerned may waive, in whole or in part, an
obligation to reimburse the United States imposed under
paragraph (1) when the Secretary determines that recovery would
be against equity and good conscience or would be contrary to
the best interests of the United States.
``(e) 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.
``(f) Termination of Bonus Authority.--No bonus may be paid under
this section with respect to any lateral conversion approved after
September 30 of the third fiscal year that began after the date of
enactment of this section.''.
(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: lateral conversion bonus for converting to
undermanned military occupational
specialties.''.
SEC. 614. EXTENDING HOSTILE FIRE AND IMMINENT DANGER PAY TO RESERVE
COMPONENT MEMBERS ON INACTIVE DUTY.
Section 310 of title 37, United States Code, is amended--
(1) in subsection (a), by inserting ``under section 204, or
to compensation under section 206 (as provided in subsection
(b)(2)), of this title,'' after ``basic pay''; and
(2) in subsection (b)(2), by inserting ``, including a
member who is entitled to compensation under section 206 of
this title if performing inactive duty in an area that has not
been designated as an imminent danger area or has not been
under hostile fire but comes under hostile fire or an explosion
of hostile mines during such inactive duty for training
period,'' after ``reserve component''.
SEC. 615. 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 by adding
at the end the following new paragraph:
``(3)(A) In the case of any cadet or midshipman eligible to
receive financial assistance as provided under paragraph (1) or
(2), the Secretary of the military department concerned may pay
room and board expenses for such cadet or midshipman, and other
expenses required by the educational institution, in lieu of
all or part of the financial assistance described in paragraph
(1).
``(B) The total amount of financial assistance, including
the payment of room and board and other educational expenses,
provided to a cadet or midshipman in an academic year under
this subsection may not exceed an amount equal to the amount
that could be provided as financial assistance for such cadet
or midshipman under paragraph (1) or (2), or other amount
determined by the Secretary concerned, without regard to
whether room and board and other educational expenses for such
cadet or midshipman are paid under this paragraph.''.
(b) Financial Assistance Program for Service in Troop Program
Units.--Section 2107a(c) of such title is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In the case of any cadet eligible to receive
financial assistance as provided under paragraph (1), the
Secretary of the military department concerned may pay room and
board expenses for such cadet, and other expenses required by
the educational institution, in lieu of all or part of the
financial assistance described in paragraph (1).
``(B) The total amount of financial assistance, including
the payment of room and board and any other educational
expenses, provided to a cadet in an academic year under this
subsection may not exceed an amount equal to the amount that
could be provided as financial assistance for such cadet under
paragraph (1), or other amount determined by the Secretary of
the Army, without regard to whether the room and board and
other educational expenses for such cadet are paid under this
paragraph.''.
SEC. 616. NOTICE AND WAIT PROVISION CONCERNING CRITICAL SKILLS
RETENTION BONUS.
Section 323(b) of title 37, United States Code, is amended by
striking paragraph (2).
SEC. 617. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE PROGRAM
BENEFITS TO OFFICERS.
(a) Rest and Recuperative Absence.--
(1) Section 705 of title 10, United States Code, is
amended--
(A) by striking ``enlisted'' in the section
heading; and
(B) in subsection (a), by striking ``an enlisted''
and inserting ``a''.
(2) 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 recuperative absence for qualified members extending
duty at designated locations overseas.''.
(b) Special Pay or Bonus.--
(1) Section 314 of title 37, United States Code, is
amended--
(A) by striking ``enlisted'' in the section
heading;
(B) in subsection (a), by striking ``an enlisted''
and inserting ``a''; and
(C) in subsection (b), by striking ``an enlisted''
and inserting ``a''.
(2) 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.''.
SEC. 618. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short
Wartime Specialties.--Section 302g(f) of title 37, United States Code,
is amended by striking out ``December 31, 2003'' and inserting
``December 31, 2004''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of such
title is amended by striking out ``December 31, 2003'' and inserting
``December 31, 2004''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking out ``December 31, 2003'' and inserting
``December 31, 2004''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
out ``December 31, 2003'' and inserting ``December 31, 2004''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2004''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2004''.
(g) Prior Service Reenlistment Bonus.--Section 308i(f) of such
title is amended by striking ``December 31, 2003'' and inserting
``December 31, 2004''.
(h) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10,
United States Code, is amended by striking ``January 1, 2004'' and
inserting ``January 1, 2005''.
SEC. 619. 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. 620. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES.
(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.--Section 309(e) of such title is amended by
striking ``December 31, 2003'' and inserting ``December 31, 2004''.
(d) Retention Bonus for Members Qualified in a Critical Military
Skill.--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''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. SHIPMENT OF A PRIVATELY OWNED MOTOR VEHICLE WITHIN THE
CONTINENTAL UNITED STATES.
(a) Authority To Procure Contract for Transportation of Motor
Vehicle.--Section 2634 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(i) In the case of a change of permanent station described in
clause (A) or (B) of subsection (h)(1) of this section, the Secretary
concerned may authorize the member to arrange shipment of the motor
vehicle in lieu of transportation at the expense of the United States.
The member may be paid a monetary allowance in lieu of transportation
as established under section 404(d)(1) of title 37 and the member is
responsible for any transportation costs in excess of such
allowance.''.
(b) Allowance for Self-Procurement of Transportation of Motor
Vehicle.--Subparagraph (B) of section 406(b)(1) 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 subsection (i) of section 2634 of title
10, the member, who has proof of shipment, may be paid a monetary
allowance in lieu of transportation as established under section
404(d)(1) of this title.''.
Subtitle D--Other Matters
SEC. 631. PERMIT NON-SCHOLARSHIP SENIOR ROTC SOPHOMORES TO VOLUNTARILY
CONTRACT AND RECEIVE SUBSISTENCE ALLOWANCE.
Section 209 of title 37, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Pilot Program for Contract of Non-Scholarship Senior ROTC
Members.--(1) An eligible member of the Selected Reserve Officers'
Training Corps is entitled to a monthly subsistence allowance at a rate
prescribed under subsection (a) for a maximum of twenty months.
``(2) To be eligible to receive a subsistence allowance
under this subsection, a person 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) complete successfully 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) This program will run as a pilot program for the
period of three years beginning in January 2004. The Secretary
of Defense will report to the Office of Management and Budget
annually on the participation rates for the program with a cost
evaluation of the program's effectiveness. Such annual reports
will be due by December 31 for each of the three years.''.
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. REVISION OF DEPARTMENT OF DEFENSE MEDICARE ELIGIBLE RETIREE
HEALTH CARE FUND TO PERMIT MORE ACCURATE ACTUARIAL
VALUATIONS.
Section 1115(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(6) In determining single level dollar amounts in subparagraphs
(1)(A) and (1)(B), the Secretary of Defense may, if the Secretary
determines that it would produce a more accurate and appropriate
actuarial valuation, determine a separate single level dollar amount
under either or both subparagraphs for any individual participating
uniformed service. If the Secretary makes any such determination, the
Secretary (or in the case of a participating uniformed service under
the jurisdiction of another administering Secretary, the administering
Secretary concerned) shall make corresponding calculations under
section 1116(a) of this title for the contributions applicable to the
affected uniformed services.''.
SEC. 702. APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT TO THE
PHARMACY AND THERAPEUTICS COMMITTEE.
Section 1074g(b)(1) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Pharmacy and
Therapeutics Committee.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. MILESTONE AUTHORIZATION OF SELECTED DEFENSE ACQUISITION
PROGRAMS.
(a) In General.--(1) Chapter 144 of title 10, United States Code is
amended by adding after section 2435 the following new section:
``Sec. 2436. Milestone authorization
``(a) Designation of Participating Programs.--(1) The Secretary of
Defense may designate defense acquisition programs in each military
department to be considered for milestone authorization of
appropriations under subsection (c).
``(2) The Secretary may designate a defense acquisition program
under paragraph (1) only if the program--
``(A) is ready to proceed into system development and
demonstration or production and deployment, or
``(B) is in either system development and demonstration or
production and deployment.
``(b) Submission of Baseline Descriptions.--Not later than the end
of the 90-day period beginning on the date that a defense acquisition
program is designated under subsection (a), the Secretary of Defense
shall request from Congress that funds be authorized to be appropriated
in a single amount sufficient to carry out the acquisition phase for
which the baseline description is submitted.
``(c) Milestone Authorization.--Congress shall authorize the
appropriation of funds for the system development and demonstration, or
the production and deployment of a program designated by the Secretary
of Defense under subsection (a) in a single amount sufficient to carry
out that phase, provided that such period for which funds may be
obligated may not exceed six years.
``(d) No Effect on Statutory and Regulatory Requirements.--Granting
milestone authorization does not change any other statutory or
regulatory requirements relating to defense acquisition programs.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
2435 the following new item:
``2436. Milestone authorization.''.
SEC. 802. CONTRACT CLOSEOUT.
(a) In General.--The Secretary of Defense shall have the authority
to promulgate regulations to settle the financial accounts for
contracts executed prior to September 30, 1996 that are
administratively complete and for which any unreconciled balance,
either positive or negative, is less than $100,000.
(b) Finality of Decision.--Decisions carried out in accordance with
these regulations shall be final and conclusive upon the accounting
officers of the United States.
SEC. 803. CLARIFICATION OF REQUIREMENT TO BUY CERTAIN ARTICLES FROM
AMERICAN SOURCES; EXCEPTIONS.
Section 2533a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``subsections (c) through (h)'' and
inserting ``subsections (b) through (i)''; and
(B) by striking ``if the item is not grown,
reprocessed, reused, or produced in the United -
States'';
(2) in subsection (b), by amending paragraphs (1) through
(3) to read as follows:
``(1) An article or item of--
``(A) meals ready-to-eat listed in Federal Supply
Class 8970 unless the item is produced or manufactured
in the United States;
``(B) clothing unless the item is grown,
reprocessed, reused, or produced in the United States;
``(C) tents, tarpaulins, or covers unless the item
is grown, reprocessed, reused, or produced in the
United States;
``(D) cotton and other natural fiber products,
woven silk or woven silk blends, spun silk yarn for
cartridge cloth, synthetic fabric or coated synthetic
fabric (including all textile fibers and yarns that are
for use in such fabrics), canvas products, or wool
(whether in the form of fiber or yarn or contained in
fabrics, materials, or manufactured articles) unless
the item is grown, reprocessed, reused, or produced in
the United States; or
``(E) any item of individual equipment manufactured
from or containing such fibers, yarns, fabrics, or
materials unless the item is grown, reprocessed,
reused, or produced in the United States;
``(2) Equipment of the following Federal supply
classifications that contain a specialty metal unless the
specialty metal used to produce or manufacture the item, or an
equivalent amount that is acquired by the contractor or a
subcontractor, was smelted in the United States:
``(A) Weapons listed in Federal Supply Group 10.
``(B) Nuclear ordnance listed in Federal Supply
Group 11.
``(C) Fire control equipment listed in Federal
Supply Group 12.
``(D) Ammunition and explosives listed in Federal
Supply Group 13.
``(E) Guided missiles listed in Federal Supply
Group 14.
``(F) Aircraft and related components, accessories,
and equipment listed in Federal Supply Groups 15, 16,
and 17.
``(G) Space vehicles listed in Federal Supply Group
18.
``(H) Ships, small craft, pontoons, and floating
docks listed in Federal Supply Group 19.
``(I) Ship and marine equipment listed in Federal
Supply Group 20.
``(J) Passenger motor vehicles listed in Federal
Supply Class 2310.
``(K) Tracked combat vehicles listed in Federal
Supply Class 2350.
``(L) Engines, turbines, and components listed in
Federal Supply Group 28.
For the purposes of this paragraph, `specialty metal' means:
``(A) steel--
``(i) where the maximum alloy content
exceeds one or more of the following limits:
manganese, 1.65 percent; silicon, 0.60 percent;
or copper, 0.60 percent; or
``(ii) that contains more than 0.25 percent
of any of the following elements: aluminum,
chromium, cobalt, columbium, molybdenum,
nickel, titanium, tungsten, or vanadium;
``(B) metal alloys consisting of nickel, iron-
nickel, and cobalt base alloys containing a total of
other alloying metals (except iron) in excess of 10
percent;
``(C) titanium and titanium alloys; or
``(D) zirconium and zirconium base alloys; and
``(3) Hand tools listed in Federal Supply Group 51 and
measuring tools listed in Federal Supply Group 52 unless the
item is produced or manufactured in the United States.'';
(3) in subsection (c)--
(A) by striking ``Subsection (a)'' and inserting
``This section''; and
(B) by striking ``(1) or specialty metals
(including stainless steel flatware)'';
(4) in subsection (d)--
(A) in the catch line for such subsection, by
striking ``Outside the United -States'' and inserting
``In Exigent Circumstances'';
(B) by striking ``Subsection (a) does not apply''
and inserting ``This section does not apply'';
(C) by revising paragraph (1) to read as follows:
``(1) Procurements of items listed in subsections
(b)(1)(A), (b)(2), and(b)(3) in support of contingency
operations as defined in section 101(a)(13) of this title, and
procurements outside the United States of items listed in
subsections (b)(1)(B) through (b)(1)(E) in support of combat
operations.'';
(D) by revising paragraph (3) to read as follows:
``(3) Procurements of items listed in subsections
(b)(1)(A), (b)(2), and (b)(3) of unusual and compelling urgency
under the authority of section 2304(c)(2) of this title, and
emergency procurements by an establishment located outside the United
States of items listed in subsections (b)(1)(B) through (b)(1)(E) for
the personnel attached to such establishment.'';
(5) by revising subsection (e) to read as follows:
``(e) Exception for Specialty Metals and Chemical Warfare
Protective Clothing.--(1) This section does not apply to the
procurement of end items or components of equipment listed in
subsection (b)(2) if the specialty metal used to produce or manufacture
the item, or an equivalent amount that is acquired by the contractor or
a subcontractor, was smelted in a foreign country that has a memorandum
of understanding providing for reciprocal procurement of defense items
that is entered into with the Department of Defense in accordance with
section 2531 of this title.
``(2) This section does not apply to the procurement of chemical
warfare protective clothing produced outside the United States if--
``(A) such procurement is necessary--
``(i) to comply with agreements with foreign
governments requiring the United States to purchase
supplies from foreign sources for the purposes of
offsetting sales made by the United States Government
or United States firms under approved programs serving
defense requirements; or
``(ii) in furtherance of agreements with foreign
governments in which both such governments agree to
remove barriers to purchases of supplies produced in
the other country or services performed by sources of
the other country; and
``(B) any such agreement with a foreign government
complies, where applicable, with the requirements of section 36
of the Arms Export Control Act (22 U.S.C. 2776) and with
section 2457 of this title.'';
(6) in subsection (f), by striking ``Subsection (a) does
not preclude'' and inserting ``This section does not
preclude'';
(7) in subsection (g), by striking ``Subsection (a) does
not apply'' and inserting ``This section does not apply'';
(8) in subsection (h), by striking ``Subsection (a) does
not apply'' and inserting ``This section does not apply''; and
(9) in subsection (i)--
(A) by striking ``This section'' and inserting
``(1) Except as provided in paragraph (2), this
section''; and
(B) by adding at the end the following new
paragraph:
``(2) This section does not apply to commercial items, or
components thereof, that are listed in sections (b)(1)(A),
(b)(2), and (b)(3), except if the end item is specialty
metal.''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. EXTEND USE OF THE DEFENSE MODERNIZATION ACCOUNT FOR LIFE
CYCLE COST REDUCTION INITIATIVES.
(a) Title 10 Amendments.--Section 2216 of title 10, United States
Code, is amended--
(1) by striking the catch line in subsection (c);
(2) by redesignating subsection (c) as paragraph (b)(5);
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Appropriations for Life Cycle Cost Reduction.--(1) Funds are
authorized to be appropriated for fiscal years 2004-2006 in the amount
of $25,000,000 annually to the Defense Modernization Account for the
purpose of providing startup funds for projects undertaken by a
military department, Defense Agency, or other element of the Department
of Defense to reduce the life cycle cost of new or existing systems in
accordance with criteria established by the Secretary of Defense.
``(2) A military department, Defense agency, or other element of
the Department of Defense that receives funds appropriated pursuant to
paragraph (1) shall, upon achieving savings from such a project,
reimburse the Account for the funds previously received. Funds
transferred back to the Account pursuant to this paragraph shall be
available for funding new projects under paragraph (1).''.
(4) in subsection (d), by striking ``Authorized Use of
Funds.--Funds available from the Defense Modernization Account
pursuant to subsection (f) or (g) may be used for the following
purposes:'' and inserting ``Authorized Use of Transferred
Funds.--Funds transferred to the Defense Modernization Account
pursuant to subsection (b) may be used for the following
purposes:''; and
(5) in paragraph (f)(1), by striking the sentence beginning
with ``The Secretary'' and inserting ``The Secretary of Defense
may transfer funds in the Defense Modernization Account to
appropriations available to the Department of Defense for the
purposes set forth in subsections (c) and (d).''.
(b) Extension of Authority.--Subsection (c) of section 912 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 410) is amended to read as follows:
``(c) Expiration of Authority and Account.--(1) The authority under
section 2216(b) of title 10, United States Code, to transfer funds into
the Defense Modernization Account and the authorization under section
2216(c) of such title to appropriate funds to the Defense Modernization
Account shall terminate on September 30, 2006.
``(2) The Defense Modernization Account shall be closed on
September 30, 2011, and any remaining balance in the Account shall be
cancelled and thereafter shall not be available for any purpose.''.
SEC. 812. EXTENSION AND CLARIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547) is amended in subsection
(g), by striking ``September 30, 2004'' and inserting ``September 30,
2008''.
SEC. 813. OTHER TRANSACTION AUTHORITY FOR MODERNIZING LEGACY SYSTEMS.
Section 845(a) of National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1547) is amended by inserting
``, or are improvements to weapons or weapon systems currently fielded
by the Department of Defense'' after ``Department of Defense''.
SEC. 814. AUTHORITY FOR CERTAIN DOD COMPONENTS TO AWARD PERSONAL
SERVICES CONTRACTS.
(a) Notwithstanding any other provision of law, sums made available
by appropriation or otherwise to a covered component, as defined in
subsection (b), may be expended for personal services contracts
necessary to carry out the covered component's missions, including
personal services without regard to limitations on types of persons to
be employed.
(b) The term ``covered component'' includes--
(1) any Department of Defense component that is an element
of the Intelligence Community, as defined in Section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a);
(2) any element of the Office of the Secretary of Defense
designated by the Secretary of Defense for purposes of this
section; and
(3) the United States Special Operations Command when
engaged in special operations activities delineated in 10
U.S.C. 167(j)(1)-(4).
SEC. 815. ELIMINATION OF SUBCONTRACT NOTIFICATION REQUIREMENTS.
Section 2306(e) of title 10, United States Code, is amended to read
as follows:
``(e) Except for contracts with a contractor that maintains a
purchasing system approved by the cognizant contracting officer, each
cost contract and each cost-plus-a-fixed-fee contract shall require the
contractor to provide notice to the agency, prior to the award under a
prime contract, of--
``(1) a cost-plus-a-fixed-fee subcontract; or
``(2) a fixed-price subcontract or purchase order involving
more than the greater of--
``(A) the simplified acquisition threshold; or
``(B) five percent of the estimated cost of the
prime contract.''.
SEC. 816 . EXCEPTION FOR REPLACEMENT BALL BEARINGS AND ROLLER BEARINGS
TO BE USED IN A COMPONENT OF NON-DOMESTIC ORIGIN.
Section 2534(a)(5) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, other than
ball bearings and roller bearings to be used in an end product or a
component of non-domestic origin''.
SEC. 817. INDUSTRY ASSIGNMENT PROGRAM.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1599c the following new section:
``Sec. 1599d. Government industry assignment program
``(a) Authority.--The Secretary of Defense may establish a pilot
program for the temporary assignment of non-governmental personnel who
are employed in the private sector to the Department of Defense. The
Secretary may promulgate regulations for such purpose.
``(b) Purpose.--This program is designed to improve the
Department's acquisition-related processes and procedures. It would
accomplish this through an infusion of new and modern ideas by the
temporary assignment in the Department of non-governmental personnel
who are employed by private industry. The private sector employees
would be compensated by their private employer yet would be subject
generally to governmental requirements that are in force for Federal
employees. The Department would provide the private employer the
benefit of a career enhancement for its private sector employees who
participate in the program.
``(c) Limitations.--(1) This program is limited to those
individuals in private sector positions whose duties, as determined by
the Secretary, are comparable to defense acquisition positions.
``(2) Each such assignment shall be based on a written agreement
between the Department of Defense, the private sector employer, and the
employee concerned, which shall include nondisclosure provisions
addressing the use and disclosure of classified and unclassified
information in the possession or under the control of the Department of
Defense that has not been released to the public and which shall also
include the Federal laws and penalties applicable to the disclosure of
classified information, including, but not limited to section 798 of
title 18, United States Code.
``(3) During the period of an assignment made pursuant to this
section, a private sector employee--
``(A) is not entitled to pay from the Department of
Defense, except, as determined by the Secretary on a case by
case basis, to the extent that the pay received from the
private sector employer is less than the appropriate rate of
pay which the duties would warrant under the applicable pay
provisions of this title, title 5, United States Code, or other
applicable authority;
``(B) is deemed an employee of the Department of Defense,
subject to section 7353 of title 5, United States Code;
sections 201, 203, 205, 207, 208, 209, 219, 602, 603, 606, 607,
610, 643, 654, 1905, 1913 and other provisions of title 18,
United States Code, not specifically exempted herein; sections
1343, 1344, and 1349(b) of title 31, United States Code; the
Federal Tort Claims Act (28 U.S.C. 2671 et seq.); any other
Federal tort liability statute; section 27 of the Office of
Federal Procurement Policy Act, as amended (41 U.S.C. 423) and
regulations implementing that Act; the Ethics in Government Act
of 1978 (5 U.S.C. App.) and regulations implementing that Act;
and any other provisions of Federal law not specifically
exempted herein. Notwithstanding section 209 of title 18,
United States Code, the private sector employer may pay,
contribute to, or supplement the salary or other benefits of
such private sector employee (who may accept such pay,
contributions, and benefits), subject to the terms of the
written private sector employee assignment agreement required
in paragraph (c)(2) above;
``(C) is also deemed an employee of his or her private
sector employer for purposes of section 208 of title 18, United
States Code;
``(D) is subject to such regulations that the Secretary may
prescribe, which shall incorporate by reference executive
branch standards of ethical conduct and any authorized agency
supplemental standards of conduct and which shall include as a
minimum--
``(i) limitations on the number of participants (no
more than 400);
``(ii) length of temporary assignments (up to two
years);
``(iii) protection of government information;
``(iv) procedures for avoidance of conflicts of
interest, including selection of program priorities and
funding decisions that may involve the assignee's
employer or its competitors, and avoidance of the
appearance of conflicts of interest; and
``(v) exclusions from the performance of inherently
governmental functions, such as policy-making and
supervision of government employees; and
``(vi) methodology and criteria for evaluation of
the pilot; and
``(E) is not deemed to be an employee for purposes of
federal employee pay and benefits under title 5, United States
Code, except as provided for under this subsection.
``(d) Workers Compensation Coverage.--
``(1) A private sector employee assigned to the Department
of Defense pursuant to this section shall not be deemed an
employee of the United States for the purposes of Chapter 81
of title 5, United States Code, (relating to compensation for injury).
``(2) Notwithstanding any other law, the United States, any
instrumentality of the United States; or an employee, agent, or
assign of the United States shall not be liable to:
``(A) a private sector employee assigned to the
Department of Defense pursuant to this section;
``(B) such employee's legal representative, spouse,
dependents, survivors and next of kin; and
``(C) any other person, including any third party
as to whom such employee, or his or her legal
representative, spouse, dependents, survivors, or next
of kin, has a cause of action arising out of an injury
or death sustained in the performance of duty pursuant
to an assignment under this section, otherwise entitled
to recover damages from the United States, any
instrumentality of the United States, or any employee,
agent, or assign of the United States--
with respect to any injury or death suffered by a private
sector employee sustained in the performance of duty pursuant
to an assignment under this section.
``(e) Definitions.--In this section:
``(1) The term `private sector employer' means a
corporation, partnership, sole proprietorship, or other entity
operated on a for-profit basis. It may, at the option of the
Secretary, also include `other organizations' as defined in
section 3371 of title 5.
``(2) The term `acquisition position' has the same meaning
as in section 1721(b) of this title.
``(3) The term `assignment' means an assignment under an
arrangement made pursuant to the section under which a private
sector employee is assigned to the Department of Defense by
being appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service or being deemed to be detailed to the Department of
Defense.
``(4) The term `government employee' means an `employee' as
defined in section 2105 of title 5.
``(f) Expiration.--The Secretary may not assign non-governmental
personnel who are employed in the private sector to the Department of
Defense under the provisions of this section after the last day of the
fifth year beginning with the effective date of this Act.''.-
(b) Reporting Requirement.--During the fourth year after the
enactment of this Act, the Secretary of Defense, with input from the
Inspector General of the Department of Defense, and in consultation
with the Director of the Office of Personnel Management, shall evaluate
the program authorized under this section and prepare a report for the
President that includes an analysis of the use of the authorities of
this section, including conflict of interest standards, and the costs
and benefits of assignments made pursuant to this section.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter 81 is amended by inserting after the item relating to
section 2331 the following new item:
``1599d. Government industry assignment program.''.
Subtitle C--Acquisition-Related Reports and Other Matters
SEC. 821. ELIMINATION OF THE REQUIREMENT TO FURNISH WRITTEN ASSURANCES
OF TECHNICAL DATA CONFORMITY.
Section 2320(b) of title 10, United States Code, is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
SEC. 822. CONVERSIONS OF COMMERCIAL ACTIVITIES.
(a) Changes to Elements of Analysis.--Paragraph (3)(A) of section
2461(b) of title 10, United States Code, is amended--
(1) by striking ``of the cost'';
(2) by striking ``savings'' and inserting ``the best
value'';
(3) by redesignating subsection (iii) as subsection (iv);
and
(4) by inserting after clause (ii) the following new clause
(iii):
``(iii) Benefits in addition to price that warrant
performance of the function by a source at a cost higher than
that of performance by Department of Defense civilian
employees.''.
(b) Contracting If Best Value.--Section 2462(a) of such title is
amended by striking ``such a source can provide such supply or service
to the Department at a cost that is lower (after including any cost
differential required by law, Executive order, or regulation) than the
cost at which the Department can provide the same supply or service''
and inserting ``performance by that source represents the best value to
the Government, determined in accordance with the competition
requirements of OMB Circular A-76.''.
SEC. 823. MAKE PERMANENT THE AUTHORITY TO ENTER INTO CERTAIN PERSONAL
SERVICES CONTRACTS.
Section 1091(a)(2) of title 10, United States Code, is amended by
striking ``The Secretary may not enter into a contract under this
paragraph after December 31, 2003.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers
SEC. 901. ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.
(a) Unit Size and Type.--Section 2880(b)(2) of title 10, United
States Code, is amended by striking ``unless the unit is located on a
military installation''; and
(b) Department of Defense Housing Fund.--(1) Section 2883 of title
10, United States Code is amended--
(A) by striking subsections (a), (b), and (c);
(B) by inserting the following new subsections (a) and (b):
``(a) Establishment.--There is hereby established on the books of
the Treasury the Department of Defense Housing Improvement Fund.
``(b) Credits to Funds.--There shall be credited to the Department
of Defense Housing Improvement Fund the following:
``(1) Amounts authorized for and appropriated to that Fund.
``(2) Subject to subsection (e), any amounts that the
Secretary of Defense transfers, in such amounts as provided in
appropriation Acts to that Fund from amounts authorized and
appropriated to the Department of Defense for the acquisition
or construction of military family housing or military
unaccompanied housing.
``(3) Proceeds from the conveyance or lease of property or
facilities under section 2878 of this title for the purpose of
carrying out activities under this subchapter with respect to
military family housing or military unaccompanied housing.
``(4) Income derived from any activities under this
subchapter with respect to military family housing or military
unaccompanied housing, including income and gains realized from
investments under section 2875 of this title and any return of
capital invested as part of such investments.
``(5) Any amounts that the Secretary of the Navy transfers
to that Fund pursuant to section 2814(i)(3) of this title,
subject to the restrictions on the use of the transferred
amounts specified in that section.'';
(C) by redesignating subsections (d), (e), (f), and (g) as
(c), (d), (e), and (f) respectively;
(D) in the newly redesignated subsection (c)--
(i) by striking ``Family in paragraph (1);
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as (2);
(E) in the newly redesignated subsection (e) by striking
``a Fund under paragraph (1)(B) or (2)(B) of subsection (c)''
and inserting ``the Fund under paragraph (2) of subsection
(b)'';
(F) in subsection (f) as relettered by subparagraph (C) of
this paragraph--
(i) by striking ``$850,000,000'' in paragraph (1)
and inserting ``$1,700,000,000''; and
(ii) by striking ``$150,000,000'' in paragraph (2)
and inserting --``$300,000,000'';
(2) Section 2871(6) of title 10, United States Code, is amended by
striking ``Family Housing Improvement Fund or the Department of Defense
Military Unaccompanied Housing Improvement Fund'' and inserting
``Housing Improvement Fund''; and
(3) Section 2875(e) of title 10, United States Code, is amended by
striking ``Family Housing Improvement Fund or the Department of Defense
Military Unaccompanied Housing Improvement Fund'' and inserting
``Housing Improvement Fund''.
Subtitle B--Space Activities
SEC. 911. AUTHORIZE PROVISION OF SPACE SURVEILLANCE NETWORK SERVICES TO
NON-UNITED STATES GOVERNMENTAL ENTITIES.
(a) In General.--Chapter 136 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2283. Space surveillance network
``(a) Satellite Tracking Services.--To support the establishment of
an experimental pilot program, The Secretary of Defense is authorized
to establish procedures under which non-United States Federal
governmental entities, including but not limited to U.S. and non-U.S.
commercial entities, state and local government entities and foreign
governments, may purchase, directly or through a contractor, satellite
tracking services from assets owned or controlled by the Department of
Defense. The Secretary may include in such transactions the provision
and analysis of satellite data if he determines it is in the national
security interests of the United States. Any proposed sale to a foreign
government or foreign commercial entity shall be subject to the
concurrence of the Secretary of State to ensure its consistency with
United States foreign policy interests. The pilot program shall be
conducted during a three-year period beginning not later than 180 days
after the date of the enactment of this Act.
``(b) Reimbursement of Costs.--In the case of any purchase made by
a non-United States Federal governmental entity under the procedures
established under subsection (a), the Secretary of Defense may require
the non-United States Federal governmental entity to reimburse the
Department of Defense for the costs to the Department of such purchase.
``(c) Deposit of Funds Received.--Funds received pursuant to the
sales authorized in subsection (a) shall be credited to accounts of the
Department of Defense that are current when the proceeds are received
and that are available for the same purposes as the accounts originally
charged to perform the services. Funds so credited are to merge with
and become available for obligation for the same period as the accounts
to which they are credited.
``(d) Non-Transferability Agreement.--The Department will require
all non-United States Federal governmental entities to execute a
binding commitment not to transfer any data or technical information,
including the analysis of the tracking data, to any other entity
without the Department's expressed approval. In the case of foreign
governments and foreign commercial entities, the Department's approval
will be subject to the concurrence of the Department of State.
``(e) Prohibition Concerning Intelligence Assets or Data.--Nothing
in this section shall be deemed to authorize the provision of services
or information concerning, or derived from, United States intelligence
assets or data.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2283. Space surveillance network.''.
Subtitle C--Reports
SEC. 921. REPEAL OF VARIOUS REPORTS REQUIRED OF THE DEPARTMENT
OFDEFENSE.
(a) Provisions of Title 10.--Title 10, United States Code, is
amended--
(1) in section 113--
(A) by striking subsection (j);
(B) by striking subsection (m); and
(C) by redesignating subsections (k) and (l) as (j)
and (k), respectively;
(2) in section 116--
(A) by repealing this entire section in chapter 2;
and
(B) by amending the table of sections at the
beginning of such chapter 2 by striking the item
relating to section 116;
(3) in section 117--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e);
(4) in section 127, by striking subsection (d);
(5) in section 127a--
(A) by striking subparagraph (a)(3);
(B) by redesignating subparagraph (a)(4) as
subparagraph (a)(3);
(C) by striking subsection (d); and
(D) by redesignating subsections (e) through (i) as
subsections (d) through (h), respectively;
(6) in section 129, by striking subsection (f);
(7) in section 153, by striking subsection (d);
(8) in section 184--
(A) by amending subsection (a) to read as follows:
``(a) Authority To Establish Regional Center for Security
Studies.--The Secretary of Defense may establish such regional centers
for security studies as he deems necessary and appropriate.'';
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection
(b);
(9) for section 228--
(A) by repealing this entire section in chapter 9;
and
(B) by amending the table of sections at the
beginning of such chapter by striking the item relating
to section 228;
(10) in section 401--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d);
(11) in section 437--
(A) by striking subsections (b) and (c);
(B) by redesignating subsection (d) as subsection
(b);
(12) in section 482--
(A) by repealing this entire section in chapter 23;
and
(B) by amending the table of sections for such
chapter by striking the item relating to section 482;
(13) in section 483--
(A) by repealing this entire section in chapter 23;
and
(B) by amending the table of sections for such
chapter by striking the item relating to section 483;
(14) in section 484--
(A) by repealing this entire section in chapter 23;
and
(B) by amending the table of sections for such
chapter by striking the item relating to section 484;
(15) in section 487--
(A) by repealing this entire section in chapter 23;
and
(B) by amending the table of sections for such
chapter by striking the item relating to section 487;
(16) in section 520c--
(A) by striking subsections (b) and (c); and
(B) by striking the designator and the catch line
in the preceding matter;
(C) by amending the section title to read:
``Sec. 520c. Provision of meals and refreshments for
recruiting purposes''; and
(D) by amending the table of sections at the
beginning of chapter 31 by replacing the item relating
to section 520c with the following new item:
``520c. Provision of meals and refreshments for recruiting purposes.'';
(17) in section 664(i), (4)(F)(ii), by striking ``and
notifies Congress upon each approval, providing the criteria
that led to that approval'';
(18) in section 983(e)(1), by striking ``and to Congress'';
(19) in section 986, by striking subsection (e);
(20) in section 1060--
(A) by striking subsection (d); and
(B) by redesignating subsections (e), through (g)
as subsections (d) through (f) respectively;
(21) in section 1130--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively;
(22) in section 1557--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e);
(23) in section 1563--
(A) by repealing this entire section in chapter 80;
and
(B) by amending the table of sections for such
chapter by striking the item relating to section 1563;
(24) in section 1597, by striking subsections (c) through
(e);
(25) in section 2010--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively;
(26) in section 2011, by striking subsection (e).
(27) in section 2166, by striking subsection (h);
(28) in section 2208, in subsection (j)(2), by striking
``and notifies Congress regarding the reasons for the waiver'';
(29) in section 2212--
(A) by striking subsections (d) and (e); and
(B) by redesignating subsection (f) as subsection
(d);
(30) in section 2214--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(e);
(31) in section 2216--
(A) by striking subsection (i); and
(B) by redesignating subsection (j) as subsection
(i);
(32) in section 2222--
(A) by repealing this entire section in chapter
131; and
(B) by amending the table of sections for such
chapter by striking the item relating to section 2222;
(33) in section 2255(b)--
(A) by striking paragraph (2); and
(B) by striking the designator ``(1)'' after the
catch line;
(34) in section 2281--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d);
(35) in section 2282--
(A) by repealing this entire section in chapter
136; and
(B) by amending the table of sections for such
chapter by striking the item relating to section 2282;
(36) in section 2306b--
(A) by striking subsection (i);
(B) in subsection (l)--
(i) by striking paragraphs (1) and (6);
(ii) by redesignating paragraphs (2)
through (10) of subsection (l) as paragraphs
(1) through (8), respectively; and
(C) by redesignating subsections (j) through (l) as
subsections (i) through (k), respectively;
(37) in section 2327(c)(1)--
(A) in subparagraph (A), by striking ``after the
date on which such head of an agency submits to
Congress a report on the contract'' and inserting ``if
in the best interests of the government'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B);
(38) in section 2350a--
(A) by striking subsection (f); and
(B) in subsection (g), by striking paragraph (3);
(39) in section 2350b--
(A) by striking subsection (d);
(B) by redesignating subsections (e), (f), and (g)
as subsections (d), (e), and (f), respectively;
(40) in section 2350j--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively;
(41) in section 2367, by striking subsections (c) and (d);
(42) in section 2374a--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e);
(43) in section 2401--
(A) in subsection (a), by striking ``only as
provided in subsection (b)'' both times such phrase
appears in the subsection;
(B) by striking subsection (b); and
(C) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively;
(44) in section 2410i, in subsection (c), by striking the
last sentence;
(45) in section 2410m, by striking subsection (c);
(46) in section 2457--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively;
(47) in section 2461a--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d);
(48) in section 2464, by striking paragraph (3) in
subsection (b);
(49) in section 2467, by striking subsection (c);
(50) in section 2472, by striking subsection (b);
(51) in section 2493, by striking subsection (g);
(52) for section 2504--
(A) by repealing the entire section in chapter 148;
and
(B) by amending the section of tables for such
chapter by striking all references to section 2504;
(53) in section 2515, by striking subsection (d);
(54) in section 2521, by striking subsection (e);
(55) in section 2536--
(A) by striking paragraph (2) in subsection (b),
and by striking designator (1) after the catch line;
and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(C) by redesignating subparagraphs (i) and (ii) as
subparagraphs (A) and (B), respectively;
(56) in section 2537--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b);
(57) in section 2541d--
(A) by striking subsection (b); and
(B) by striking the ``(a)'' and the catch line in
the remaining matter;
(58) in section 2561--
(A) by striking subsections (c), (d) and (f); and
(B) by redesignating subsection (e) as subsection
(c);
(59) in section 2563, by striking ``and notifies Congress
regarding the reasons for the waiver'' in subsection (c)(2);
(60) in section 2631, by striking the last sentence in
subsection (b)(3);
(61) in section 2645--
(A) by striking subsection (d);
(B) by striking subsection (g); and
(C) by redesignating subsections (e), (f), and (h)
as subsections (d), (e), and (f), respectively;
(62) in section 2662--
(A) by striking subsection (e);
(B) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively; and
(C) in subsection (f), as redesignated by
subparagraph (B), by striking ``, and the reporting
requirement set forth in subsection (e) must not apply
with respect to a real property transaction otherwise
covered by that subsection,'';
(63) in section 2667a (c)--
(A) by striking paragraph (2);
(B) by striking designator (1) after the catch
line;
(64) in section 2676, in subsection (d), by striking all
after ``is approved by the Secretary concerned'' and inserting
a period;
(65) in section 2680, by striking subsection (e);
(66) in section 2688--
(A) by striking subsection (e);
(B) by redesignating subsections (f) through (i) as
subsections (e) through (h), respectively; and
(C) in subsection (f), as redesignated by
subparagraph (B), by striking the last sentence;
(67) in section 2696--
(A) by striking subsections (c) and (d); and
(B) by redesignating subsection (e) as subsection
(c);
(68) in section 2703(b)(2)--
(A) by striking subparagraph (B);
(B) by striking the designator ``(A)'' which
precedes ``determines that permanent relocation--'';
(C) by striking the dash that follows ``such
paragraph unless the Secretary'' in paragraph (2);
(D) by realigning the previously designated
subparagraph (A) to follow at the end of paragraph (2);
and
(E) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively;
(69) in section 2805--
(A) in subsection (b), by striking paragraph (2);
and
(B) by striking the designator ``(1)'' that
precedes the remaining matter;
(70) in section 2807--
(A) by striking subsections (b) and (c); and
(B) by redesignating subsection (d) as subsection
(b);
(71) in section 2809, by striking subsection (f);
(72) in section 2811--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d);
(73) in section 2812--
(A) in subsection (c), by striking paragraph (1);
(B) by striking the designator ``(2)'' that
precedes the remaining matter;
(74) in section 2813, by striking subsection (c);
(75) in section 2815--
(A) by repealing this entire section in chapter
169; and
(B) by amending the table of section at the
beginning of such chapter by striking the item relating
to section 2815;
(76) in section 2825--
(A) in subparagraph (b)(1)(B)--
(i) by striking clause (ii);
(ii) by striking ``, and'' at the end of
clause (i); and
(iii) by striking the designator ``(i)'' in
the remaining text following ``in the preceding
sentence if'';
(B) in subsection (c)(1)--
(i) by striking subparagraphs (C) and (D);
(ii) by inserting ``and'' at the end of
subparagraph (A); and
(iii) by striking the semicolon at the end
of subparagraph (B) and inserting a period;
(77) in section 2826--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) through (i) as
subsections (b) through (h), respectively;
(78) in section 2827--
(A) by striking subsection (b); and
(B) by striking ``(a) Subject to subsection (b),
the Secretary'' and inserting ``The Secretary'';
(79) in section 2828--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(f);
(80) in section 2835--
(A) by striking subsections (b) and (g);
(B) by redesignating subsections (c) through (h) as
subsections (b) through (f), respectively; and
(C) in subsection (a), by striking ``Subject to
subsection (b), the Secretary'' and inserting ``The
Secretary'';
(81) in section 2836--
(A) in subsection (a), by striking ``Subject to
subsection (b), the Secretary'' and inserting ``The
Secretary'';
(B) by striking subsection (b);
(C) by striking subsection (f); and
(D) by redesignating subsections (c) through (g) as
subsections (b) through (e), respectively;
(82) in section 2837--
(A) in subsection (c)--
(i) by striking paragraph (2); and
(ii) by striking the designator ``(1)''
after the catch line and preceding the
remaining matter;
(B) by striking subsection (f); and
(C) by redesignating subsections (g) and (h) as
subsections (f) and (g), respectively;
(83) in section 2853--
(A) in subsection (c), by striking paragraphs (2)
and (3);
(B) in the remaining matter, by striking the
designator ``(1)'' and the dash and realigning the
paragraph to read as a subsection; and
(C) by striking the semicolon at the end of the
remaining matter and inserting a period;
(84) in section 2854--
(A) by striking subsection (b); and
(B) by striking ``(a) Subject to subsection (b),
the'' in the preceding matter and inserting ``The'';
(85) in section 2854a--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) through (g) as
subsections (c) through (f), respectively;
(86) in section 2865--
(A) in subsection (e), by striking paragraph (2);
and
(B) by striking subsection (f); and
(C) by striking designator (1) after the catch
line;
(87) in section 2866--
(A) in subsection (c), by striking paragraph (2);
and
(B) by striking designator (1) after the catch
line;
(88) in section 2867, by striking subsection (c);
(89) in section 2875, by striking subsection (e);
(90) in section 2884--
(A) by striking subsection (b);
(B) by striking the designator ``(1)'' that follows
the catch line in the remaining matter;
(C) by striking the designator before subparagraph
(2) and inserting ``(b) Content of Reports.--'' to
redesignate that subparagraph as a subsection;
(D) by amending the section title to read:
``Sec. 2884. Project reports''; and
(E) by amending the table of sections at the
beginning of such chapter 169 by replacing the item
relating to section 2884 with the following new item:
``2884. Project reports.'';
(91) in section 2902--
(A) in subsection (g), by striking paragraph (2);
and
(B) by striking designator (1) after the catch
line;
(92) in section 5143, by striking subsection (e);
(93) in section 6954--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(f);
(94) in section 7049--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) through (g) as
subsections (c) through (f), respectively;
(95) in section 9356--
(A) by striking subsection (c);
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively; and
(C) in subsection (a), by striking ``Subject to
subsection (c), the Secretary'' and inserting ``The
Secretary'';
(96) in section 9514--
(A) by striking subsection (c);
(B) by striking subsection (f); and
(C) by redesignating subsection (g) as subsection
(f);
(97) in section 12302--
(A) in subsection (b), by striking the last
sentence; and
(B) by striking subsection (d); and
(98) in section 16137--
(A) by repealing this entire section in chapter
1606; and
(B) by amending the table of sections at the
beginning of such chapter by striking the item relating
to section 16137.
(b) Foreign Assistance Act of 1961.--Section 656 of the Foreign
Assistance Act of 1961 (Public Law 87-195) is repealed.
(c) Defense Acquisition Improvement Act of 1986.--Section 908 of
the Defense Acquisition Improvement Act of 1986 (as contained in
section 101(c) of Public Law 99-500 and identically enacted in section
101(c) [title X] of Public Law 99-591 and title IX of division A of
Public Law 99-661) (10 U.S.C. 2326 note) is amended by striking
subsection (b).
(d) National Defense Authorization Act for Fiscal Years 1988 and
1989.--Section 1121 of the National Defense Authorization Act for
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1147) (10
U.S.C. 113 note) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(e) Defense Authorization Amendments and Base Closure and
Realignment Act of 1990.--Section 206 of the Defense Authorization
Amendments and Base Closure and Realignment Act of 1990 (Public Law
100-526; 102 Stat. 2631) (10 U.S.C. 2687) is repealed.
(f) National Defense Authorization Act for Fiscal Year 1991.--The
National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 104 Stat. 1607, 1819, and 1822, respectively) is amended--
(1) in section 831, by striking subsection (l);
(2) in section 2921, by striking subsections (e), (f),
(g)(1), and (g)(2); and
(3) in section 2926, by striking subsection (g).
(g) Defense Economic Adjustment, Diversification, Conversion, and
Stabilization Act of 1990.--Section 4004 of the Defense Economic
Adjustment, Diversification, Conversion, and Stabilization Act of 1990
(Public Law 101-510; 104 Stat. 1849) is amended by striking paragraph
(c)(3).
(h) National Defense Authorization Act for Fiscal Years 1992 and
1993.--The National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190; 105 Stat. 1411 and 1562, respectively) is
amended--
(1) in section 734--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively; and
(2) by repealing section 2868.
(i) National Defense Authorization Act for Fiscal Year 1993.--The
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2367, 2439, 2516, and 2609 respectively) is
amended--
(1) in section 324, by striking subsection (b), and by
striking the designator ``(a)'' prior to ``Sense of Congress''
in the remaining matter;
(2) in section 722, by striking subsection (d);
(3) in section 1082(b)--
(A) by striking subparagraph (1)(B);
(B) by striking the dash in subsection (b) of
section 1082; and
(C) by striking the designator ``(A)'' preceding
the remaining matter, and realigning it to read as a
paragraph; and
(4) in section 2827--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b).
(j) National Defense Authorization Act for Fiscal Year 1994.--The
National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1659 and 1931 respectively) is amended--
(1) by repealing section 542; and
(2) in section 2924, by striking subsection (b).
(k) National Defense Authorization Act for Fiscal Year 1995.--The
National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2804 and 2890, respectively) is amended--
(1) in section 721--
(A) by striking subsection (h); and
(B) by redesignating subsection (i) as subsection
(h); and
(2) in section 1305, by striking subsection (h).
(l) National Defense Authorization Act for Fiscal Year 1996.--
Section 2840 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 564) is amended--
(1) in subsection (a)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph
(4); and
(2) in subsection (b)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph
(4).
(m) National Defense Authorization Act for Fiscal Year 1997.--The
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2480 and 2653, respectively) is amended--
(1) in section 324, by striking subsection (c); and
(2) in section 1065, by striking subsection (b).
(n) Omnibus Consolidated Appropriations Act, 1997.--Section 8009 of
the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208;
110 Stat. 3009-89) is amended--
(1) by striking ``unless the congressional defense
committees have been notified at least thirty days in advance
of the proposed contract award'';
(2) by striking the comma after ``year''; and
(3) by striking the colon before ``Provided''.
(o) National Defense Authorization Act for Fiscal Year 1998.--
Section 349 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1690) is amended by striking
subsection (e).
(p) 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; 112 Stat. 2075 and 2155,
respectively) is amended--
(1) in section 745(e)--
(A) by striking paragraph (2); and
(B) by striking the designator ``(1)'' following
the catch line in the preceding matter; and
(2) by repealing section 1223.
(q) Department of Defense Appropriations Act, 1999.--Section 8005
of the Department of Defense Appropriations Act, 1999 (Public Law 105-
262; 112 Stat. 2297) is amended by striking ``Provided further, That
the Secretary of Defense shall notify the Congress promptly of all
transfers made pursuant to this authority or any other authority in
this Act:''.
(r) National Defense Authorization Act for Fiscal Year 2000.--The
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 542, 697, 706, 748, 756, 779, and 798, respectively)
is amended--
(1) in section 212, by striking subsection (c);
(2) in section 724, by striking subsection (e);
(3) by repealing section 811;
(4) by repealing section 1025;
(5) in section 1039, by striking subsection (b);
(6) in section 1201--
(A) by striking subsections (d) and (e); and
(B) by redesignating subsection (f) as subsection
(d); and
(7) in section 1402, by striking subsection (b)(2).
(s) Military Construction Appropriations Act, 2001.--The Military
Construction Appropriations Act, 2001 (Public Law 106-246; 114 Stat.
517 and 518, respectively) is amended--
(1) by repealing section 125; and
(2) in section 127, by striking all that follows after
``including flag and general officer quarters'' and inserting a
period.
(t) Department of Defense Appropriations Act, 2001.--Section 8019
of the Department of Defense Appropriations Act, 2001 (Public Law 106-
259; 114 Stat. 678;) is amended by striking the last sentence.
(u) Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001.--The Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106-398 Appendix; 114 Stat. 1654A-28 and
1654A-247, respectively) is amended--
(1) by repealing section 131;
(2) in section 1006, by striking subsection (c); and
(3) by repealing section 1233.
(v) National Defense Authorization Act for Fiscal Year 2002.--The
National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1180 and 1204, respectively) is amended in section
804(a), by striking ``of each of years 2003 through 2006'' and
inserting ``2003,''.
(w) 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; 10 U.S.C. 401 note) is amended by striking ``, and
these obligations shall be reported to the Congress as of September 30
of each year''.
(x) Senate Executive Resolution 75 (105th Congress, 1st Session,
Agreed to by the Senate on April 24, 1997).--Section 2, Condition 11,
paragraph (F), of Senate Executive Resolution 75, a provision of the
Senate's advice and consent to the ratification of the Chemical Weapons
Convention (Treaty Doc. 103-21), is repealed.
Subtitle D--Other Matters
SEC. 931. COMBATANT COMMANDS INITIATIVES FUND.
(a) Substitution of the Term ``CINC''.--Section 166a of title 10,
United States Code, is amended by striking ``CINC'' wherever it appears
and inserting ``Combatant Commander''.
(b) Funds Authorized.--Subsection (e)(1) of such title 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. 932. CONSOLIDATING THE FINANCIAL MANAGEMENT OF FACILITIES IN THE
NATIONAL CAPITAL REGION AND DESIGNATED ALTERNATE SITES.
Section 2674 of title 10, United States Code, is amended--
(1) in subsection (b)(1), by striking ``of the Department
of Defense, and located'' and inserting ``of the Department of
Defense that is either on the Pentagon Reservation or'';
(2) in subsection (d), by inserting before the period at
the end the following: ``or at facilities occupied by the
Department of Defense in the National Capital Region'';
(3) in subsection (e)--
(A) in paragraph (1), by striking ``pursuant to
subsection (d)'' and inserting ``or at facilities
occupied by the Department of Defense in the National
Capital Region pursuant to subsection (d). Any residual
balance in the Buildings Maintenance Fund shall be
transferred to the Pentagon Reservation Maintenance
Revolving Fund''; and
(B) in paragraph (2), by inserting before the
period at the end the following: ``and at facilities
occupied by the Department of Defense in the National
Capital Region.'';
(4) in subsection (f)(1)--
(A) by inserting ``--(A)'' after the ``The Pentagon
Reservation means'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following new
subparagraph:
``(B) notwithstanding section 2682 of this title,
such other areas of land, locations, or physical
facilities of the Department of Defense as the
Secretary of Defense may determine are necessary to
designate as part of the Pentagon Reservation in order
to meet continuity of operations or other related
national security needs of the Department.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. PAYMENT OF FULL REPLACEMENT VALUE FOR PERSONAL PROPERTY
CLAIMS.
Section 2636 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) The Secretary of Defense or the Secretary of a military
department may procure from commercial transportation service providers
full replacement value coverage for household goods shipments provided
at government expense without regard to the dollar limitations
contained in title 37, United States Code, Section 3721, relative to
claims for loss or damages. Under such contracts, servicemembers will
be reimbursed full replacement value, if warranted, and such amounts
may be deducted from the amounts due the carriers if settlement is not
reached between the servicemember and the carrier.''.
SEC. 1002. RESTORATION OF AUTHORITY TO ENTER INTO 12-MONTH LEASES AT
ANY TIME DURING THE FISCAL YEAR.
Section 2410a(a) of title 10, United States Code, is amended by
inserting after ``severable services'' the following: ``and the lease
of real or personal property, including the maintenance of such
property when contracted for as part of the lease agreement,''.
SEC. 1003. AUTHORITY TO PROVIDE REIMBURSEMENT FOR CELLULAR TELEPHONE
USE.
(a) General Authority.--The Secretary of Defense is authorized to
reimburse employees on a flat-rate basis for cellular telephone used on
privately-owned cellular phones when on official government business.
(b) Reimbursement Rate.--The Secretary of Defense may prescribe the
cellular phone flat reimbursement rate. This reimbursement rate shall
not exceed the equivalent Government costs of providing a cellular
telephone to employees on official Government business.
SEC. 1004. REIMBURSEMENT FOR RESERVE INTELLIGENCE SUPPORT.
(a) In General.--Chapter 1003 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 10115. Reimbursement for reserve intelligence support
``The Secretary of Defense or the Secretary concerned shall
reimburse a Reserve or National Guard unit or organization for the pay,
allowances, or other expenses incurred by the Reserve or National Guard
unit or organization when a member of the Reserve or National Guard
unit or organization provides intelligence support, counterintelligence
support, or intelligence and counterintelligence support to Combatant
Commands, Defense Agencies, and Joint Intelligence Activities,
including but not limited to the activities and programs within the
National Foreign Intelligence Program, the Joint Military Intelligence
Program, and the Tactical Intelligence and Related Activities.
Reimbursement shall be paid out of funds available for operations and
maintenance of the military departments, combatant commands, or Defense
Agencies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``10115. Reimbursement for reserve intelligence support.''.
SEC. 1005. INCREASED USE OF ENERGY COST SAVINGS.
Section 2865(b)(1) of title 10, United States Code, is amended by
striking ``Two-thirds of the portion of the funds appropriated to
Department of Defense for a fiscal year that is'' and inserting ``Funds
appropriated to the Department of Defense for a fiscal year that are''.
SEC. 1006. ALLOW THE DEPARTMENT OF DEFENSE TO CAPTURE ALL EXPIRED FUNDS
FROM THE MILITARY PERSONNEL AND OPERATION AND MAINTENANCE
APPROPRIATIONS ACCOUNTS FOR USE IN THE FOREIGN CURRENCY
FLUCTUATIONS ACCOUNT.
Section 2779 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``second fiscal
year'' and inserting ``fifth fiscal year''; and
(2) in subsection (d)(2), by striking ``second fiscal
year'' and inserting ``fifth fiscal year''.
SEC. 1007. FUNDING FOR SPECIAL OPERATIONS RESERVE COMPONENT PERSONNEL
ENGAGED IN ACTIVITIES RELATING TO CLEARANCE OF LANDMINES.
Funds authorized in this Act for the Overseas Humanitarian,
Disaster and Civic Aid programs of the Department of Defense shall be
available, in a total amount not to exceed $5,000,000 in any fiscal
year, for reimbursement of pay and allowances of Special Operations
Reserve Component personnel performing duty in connection with training
and activities related to the clearing of landmines for humanitarian
purposes.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REIMBURSEMENT TO THE NAVY FOR ASSISTANCE PROVIDED IN SUPPORT
OF CERTAIN SHIP AND SHIPBOARD EQUIPMENT TRANSFERS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7316. Reimbursement for assistance provided in support of
certain ship and shipboard equipment transfers
``(a) Authority To Perform Work.--The Secretary of the Navy may
provide assistance in support of any ship or shipboard equipment
transfer under sections 2572, 7306, 7307, and 7545 of this title, or
under any other authority, in connection with inactive decommissioned
Navy-owned vessels maintained and located at Navy facilities.
``(b) Reimbursement.--The Secretary may require the entities
receiving assistance under subsection (a) to reimburse the Navy for
amounts expended in providing such assistance.
``(c) Deposit of Funds Received.--Funds received under subsection
(b) shall be credited to the appropriations supporting the maintenance
and operation of the Navy Inactive Ships Management Office for the
fiscal year in which the funds are received, to merge with and become
available for the same purposes and period as the accounts to which
they are credited.''.
(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. Reimbursement for assistance provided in support of certain
ship and shipboard equipment transfers.''.
SEC. 1012. VESSELS STRICKEN FROM NAVAL VESSEL REGISTER: USE FOR
EXPERIMENTAL PURPOSES.
Section 7306a of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by adding at the end the
following new sentence: ``Material and equipment
stripped from the vessel may be sold by a contractor or
a designated sales agent on behalf of the Navy.''; and
(B) in paragraph (2), by striking ``scrapping
services'' and all that follows through the end of the
paragraph and inserting ``services needed for such
stripping and for environmental remediation required
for the use of a vessel for experimental purposes.
Amounts received which are in excess of amounts needed
for reimbursement of those costs shall be deposited
into the account from which the stripping and
environmental remediation expenses were incurred and
shall be available for stripping and environmental
remediation of other vessels used for experimental
purposes.''; and
(2) by adding at the end the following new subsection:
``(c) Experimental Purposes Defined.--For purposes of this section,
the term `experimental purposes' includes vessels used in Navy sink
exercises and for target use.''.
SEC. 1013. AUTHORIZE TRANSFER OF VESSELS STRICKEN FROM THE NAVAL VESSEL
REGISTER FOR USE AS ARTIFICIAL REEFS.
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 subsections (c) and
(d) of section 602 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 474), 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) Vessel To Be Used as Artificial Reef.--An agreement for the
transfer of a vessel under subsection (a) shall require that--
``(1) the transferee use, site, construct, monitor and
manage the vessel only as an artificial reef in accordance with
the requirements of chapter 35 of title 33, except that the
transferee also may use the artificial reef to enhance diving
opportunities if that use does not have an adverse effect on
fishery resources, as defined in section 1802(14) of the
Magnuson-Stevens Fishery Conservation and Management Act of
1976, as amended (Public Law 100-627; 16 U.S.C. 1802); and
``(2) the transferee shall obtain and bear all of the
responsibility for complying with all of the applicable
federal, state, interstate, and local permits for siting,
constructing, monitoring and managing a vessel as an artificial
reef.
``(c) Additional Terms.--The Secretary may require such additional
terms in connection with the conveyance authorized by this section as
the Secretary considers appropriate.
``(d) Cost Sharing on Transfers.--The Department of the Navy may
share with the recipient any of the costs associated with transferring
the vessel under this section.
``(e) Application for More Than One Vessel.--A State, Commonwealth,
or possession of the United States, or any municipal corporation or
political subdivision thereof, may apply for more than one vessel under
this section.''.
(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. 1014. REPEAL OF THE SHIPBUILDING CAPABILITY PRESERVATION
AGREEMENT.
(a) In General.--Section 7315 of title 10, United States Code, is
repealed.
(b) Savings Provision.--Agreements entered into under the authority
of section 7315 prior to the date of enactment of this Act shall
continue to remain in full force and effect.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 633 of such title is amended by striking the item relating to
section 7315.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTEND AUTHORITY FOR USE OF COUNTER-DRUG ACTIVITIES.
(a)(1) Authority.--In fiscal years 2004 and 2005, the Secretary of
Defense may use funds available for drug interdiction and counter-drug
activities to provide assistance to the Government of Colombia to
support a unified campaign against narcotics trafficking, to support a
unified campaign against activities by organizations designated as
terrorist organizations such as the Revolutionary Armed Forces of
Colombia, the National Liberation Army, and the United Self-Defense
Forces of Colombia, and to take actions to protect human health and
welfare in emergency circumstances, including undertaking rescue
operations.
(2) The authority in this section is in addition to authorities
currently available to provide assistance to Colombia.
(b) Application to Funds.--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, respectively), section 8093 of the Department of Defense
Appropriations Act, 2002 (Public Law 107-248; 116 Stat. 1558), and the
numerical limitations on the number of United States military personnel
and United States individual civilian contractors in section 3204(b)(1)
of the Military Construction Appropriations Act, 2001 (Public Law 106-
246; 114 Stat. 575), as amended, shall be applicable to funds made
available pursuant to the authority contained in subsection (a).
(c) Prohibition.--No United States Armed Forces personnel or United
States civilian contractor employed by the United States will
participate in any combat operation in connection with assistance made
available under this chapter, except for the purpose of acting in self-
defense or rescuing any United States citizen to include United States
Armed Forces personnel, United States civilian employees, and civilian
contractors employed by the United States.
SEC. 1022. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-TERRORISM
ACTIVITIES IN THE AMERICAS.
In fiscal year 2004, funds made available to the Department of
Defense to support counter-drug activities are hereby authorized to
support a unified campaign against illicit narcotics-trafficking and
related activities by identified organizations engaged in such
narcotics-trafficking, to support a unified campaign against activities
by organizations in the Americas hemisphere actively engaged in, or
designated as, terrorist organizations, and to take sufficient action
to protect human health and welfare in exigent circumstances, including
the undertaking of rescue operations throughout Central and South
America and the waters south of the Continental United States, such as
the Pacific Ocean east of 120 degrees West, the Gulf of Mexico, and the
Caribbean Sea. The exercise of this authority by the Secretary of
Defense is subject to the concurrence of the Secretary of State.
SEC. 1023. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL
SUPPORT FOR COUNTER-DRUG ACTIVITIES.
Section 1033 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by the
National Defense Authorization Act for Fiscal Year 2001 (Public Law
106-398; 114 Stat. 1654A-255), is amended--
(1) in the section title by striking ``Peru and Colombia''
and inserting ``other countries'';
(2) in subsection (a)--
(A) by striking ``2002'' and inserting ``2006'';
and
(B) by striking ``either or both'' and inserting
``any'';
(3) by amending subsection (b) to read as follows:
``(b) Governments Eligible To Receive Support.--The foreign
governments eligible to receive counter-drug support under this section
are as follows:
``(1) Afghanistan.
``(2) Ecuador.
``(3) Pakistan.
``(4) Tajikistan.
``(5) Turkmenistan.
``(6) Uzbekistan
``(7) Peru; and
``(8) Colombia.'';
(4) in subsection (c)--
(A) in paragraph (2) by striking ``riverine'';
(B) by amending paragraph (3) to read as follows:
``(3) The maintenance, repair, or upgrade of equipment of
the government that is used for counter-drug activities.''; and
(C) by adding at the end the following new
paragraph (4):
``(4) The sustainment, including ammunition, of counter-
drug security forces.'';
(5) in subsection (e)(2)--
(A) by striking ``$20,000,000'' and inserting
``$40,000,000''; and
(B) by striking ``1999'' and inserting ``2004'';
and
(6) in subsection (h)--
(A) by amending subsection (h) to read as follows:
``(h) Counter-Drug Plan.--The Secretary of Defense, in consultation
with the Secretary of State, shall prepare for fiscal year 2004 (and
revise as necessary for subsequent fiscal years) a counter-drug plan
involving the governments named in subsection (b) to which support will
be provided under this section:'';
(B) in paragraph (2), by striking ``riverine'';
(C) in paragraph (7), by striking ``riverine'';
(D) in paragraph (8), by striking ``riverine''; and
(E) by amending paragraph (9) to read as follows:
``(9) A detailed discussion of how the counter-drug program
supports the national drug control strategy and the national
security cooperation goals of the United States.''.
Subtitle D--Other Department of Defense Provisions
SEC. 1031. PROVISION OF LIVING QUARTERS FOR CERTAIN STUDENTS.
Section 2195 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Notwithstanding the provisions of section 5911(c), title 5,
United States Code, the Director of the National Security Agency may
provide living quarters without charge, or at rates or charges fixed by
regulation, 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 Agency's
laboratory.''.
SEC. 1032. REPEAL OF REQUIRED GRADE FOR DEFENSE ATTACHE IN FRANCE.
(a) In General.--Section 714 of title 10, United States Code, is
repealed.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 41 of that title is amended by striking the item relating to
section 714.
SEC. 1033. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Definition of Geospatial Intelligence.--Section 467 of title
10, United States Code, is amended by adding at the end the following
new paragraph:
``(5) The term `geospatial intelligence' means the
exploitation and analysis of imagery and geospatial information
to describe, assess, and visually depict physical features and
geographically referenced activities on the Earth. This term
consists of imagery, imagery intelligence, and geospatial
information.''.
(b) Missions.--Section 442(a) of such title is amended to read as
follows:
``(a) National Security Missions.--
(1) The National Geospatial-Intelligence Agency shall, in
support of the national security objectives of the United
States, provide geospatial intelligence consisting of the
following:
``(A) Imagery.
``(B) Imagery intelligence.
``(C) Geospatial information.
``(2) Geospatial intelligence provided in carrying out
paragraph (1) shall be timely, relevant, and accurate.''.
(c) National Security Act Change.--Section 110 of the National
Security Act of 1947 (50 U.S.C. 404(e)) is amended by striking
``imagery'' and inserting ``geospatial intelligence''.
(d) Technical Changes to Title 10.--
(1) The title of chapter 22 of such title is amended by
striking ``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(2) Paragraphs (a) and (b) of section 441 of such title are
amended by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(3) Section 442 of such title is amended by striking
``National Imagery and Mapping Agency'' wherever it appears and
inserting ``National Geospatial-Intelligence Agency''.
(4) Paragraphs (a) and (b) of section 443 of such title are
amended by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(5) Paragraphs (a), (b), (c), and (e) of section 444 of
such title are amended by striking ``National Imagery and
Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
(6) Section 451 of such title is amended by striking
``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(7) Paragraphs (a) and (b) of section 452 of such title are
amended by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(8) Paragraphs (a) and (b) of section 453 of such title are
amended--
(A) by striking ``National Imagery and Mapping
Agency'' and inserting ``National Geospatial-
Intelligence Agency''; and
(B) by striking ``NIMA'' and inserting ``NGA''.
(9) Section 454 of such title is amended by striking
``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(10) Paragraphs (a) and (b) of section 455 of such title
are amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(11) Paragraphs (a) and (b) of section 456 of such title
are amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(12) Paragraph (b) of section 457 of such title is amended
by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(13) Paragraphs (a), (b), (c), and (d) of section 461 of
such title are amended by striking ``National Imagery and
Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
(14) Section 1614 of such title is amended by striking
``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(e) Technical Changes to the National Security Act of 1947.--
(1) Section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended by striking ``National Imagery and
Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
(2) Paragraphs (b) and (d) of section 105 of such Act (50
U.S.C. 403-5) are amended by striking ``National Imagery and
Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
(3) Paragraph (b) of section 105A of such Act (50 U.S.C.
403-5a) is amended by striking ``National Imagery and Mapping
Agency'' and inserting ``National Geospatial-Intelligence
Agency''.
(4) Section 105C of such Act (50 U.S.C. 403-5c) is
amended--
(A) by striking ``National Imagery and Mapping
Agency'' wherever it appears and inserting ``National
Geospatial-Intelligence Agency''; and
(B) and by striking ``NIMA'' wherever it appears
and inserting ``NGA''.
(5) Paragraph (a) of section 106 of such Act (50 U.S.C.
403-6) is amended by striking ``National Imagery and Mapping
Agency'' and inserting ``National Geospatial-Intelligence
Agency''.
(6) Paragraphs (a), (b), and (c) of section 110 of such Act
(50 U.S.C. 404e) are amended by striking ``National Imagery and
Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
(f) Seal.--Section 425 (a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(5) The words `National Geospatial-Intelligence Agency',
the initials `NGA,' or the seal of the National Geospatial-
Intelligence Agency.''.
Subtitle E--Other Matters
SEC. 1041. UPDATING DEFINITIONS IN TITLE 10, UNITED STATES CODE.
(a) General Definitions.--Subsection (a) of section 101 of title
10, United States Code, is amended by adding at the end the following
new paragraphs:
``(16) The term `appropriate committees of Congress' means
the Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on Armed
Services and the Committee on Appropriations of the House of
Representatives and, with respect to any project to be carried
out by, or for the use of, an intelligence component of the
Department of Defense, the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.
``(17) The term `base closure law' means--
``(A) section 2687 of this title;
``(B) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act of 1988
(Public Law 100-526; 10 U.S.C. 2687 note);
``(C) 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); and
``(D) any other similar authority for the closure
or realignment of military installations that is
enacted after the date of the enactment of the Bob
Stump National Defense Authorization Act for Fiscal
Year 2003.
``(18) The term `Indian tribe' has the meaning given such
term in section 102(2) of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a(2)).''.
(b) Facilities Definitions.--Section 101 is further 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.--Unless the context indicates
otherwise, the following definitions relating to facilities and
operations apply to this title:
``(1) The term `military munitions'--
``(A) 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,
incendiaries, 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, and
``(B) does not include wholly inert items,
improvised explosive devices, and nuclear weapons,
nuclear devices, and nuclear components, except that
the term does include non-nuclear 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) a range that is used for range activities, or
``(B) a range that is not currently being used for
range activities, but that is still considered by the
Secretary concerned to be a range, is under the
jurisdiction, custody, or control of the Secretary
concerned, 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 set aside, managed, and used to conduct research,
development, testing, and evaluation of military munitions,
other ordnance, or weapon systems, or to train military
personnel in their use and handling. Ranges include firing
lines and positions, maneuver areas, firing lanes, test pads,
detonation pads, impact areas, electronic scoring sites, buffer
zones with restricted access and exclusionary areas, and
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, or other associated airspace.
``(4) 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.''.
(c) Conforming Amendments.--
(1) Subsection (e) of section 2710 of title 10, United
States Code, is amended--
(A) by striking paragraphs (3), (5), and (9); and
(B) by redesignating paragraphs (4), (6), (7), (8),
and (10) as paragraphs (3), (4), (5), (6), and (7),
respectively.
(2) Subsection (d) of section 313 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1053), is amended by inserting after ``311'' the
following: ``, or in section 101 of title 10, United States
Code''.
(3) Title 10, United States Code, is further amended as
follows:
(A) Subsection (c) of section 2801 is amended by
striking paragraph (4).
(B) Sections 181, 229, 1107, 2216, 2218, 2306b,
2366, 2399, 2534, 2667, and 10216 are amended by
striking ``congressional defense committees'' each
place it appears and inserting ``appropriate committees
of Congress''.
(C) Subsection (d)(2) of section 181 is amended--
(i) by striking ``subsection: (A) The'' and
inserting ``subsection, the''; and
(ii) by striking paragraph (B).
(D) Subsection (f) of section 229 is repealed.
(E) Subsection (f)(4) of section 1107 is amended by
striking subparagraph (C).
(F) Subsection (j) of section 2216 is amended by
striking paragraph (3).
(G) Subsection (l) of section 2218 is amended--
(i) by striking paragraph (4); and
(ii) by redesignating paragraph (5) as
paragraph (4).
(H) Subsection (l) of section 2306b is amended--
(i) by striking paragraph (9); and
(ii) by redesignating paragraph (10) as
paragraph (9).
(I) Subsection (e) of section 2366 is amended by
striking paragraph (7).
(J) Subsection (h) of section 2399 is amended--
(i) in paragraph (1), by striking
``section: (1) The'' and inserting ``section,
the''; and
(ii) by striking paragraph (2).
(K) Subsection (h) of section 2667 is amended--
(i) by striking paragraphs (1) and (2); and
(ii) by striking ``section: (3) The'' and
inserting ``section, the''.
(4) Title 10, United States Code, is further amended as
follows:
(A) Subsection (f) of section 2490a is amended--
(i) by striking ``section: (1) The'' and
inserting ``section, the''; and
(ii) by striking paragraph (2).
(B) Section 2705 is amended by striking subsection
(h).
(C) Section 2871 is amended--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3), (4),
(5), (6), (7), and (8) as paragraphs (2), (3),
(4), (5), (6), and (7), respectively.
SEC. 1042. IMPROVING READINESS IN PROVIDING FIREFIGHTING SERVICES.
Section 2465(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) to a contract for the performance of a firefighting
function for a period of one year or less to fill vacant
positions created by deployed military fire fighters.''.
SEC. 1043. DOCUMENTS, HISTORICAL ARTIFACTS, AND OBSOLETE OR SURPLUS
MATERIEL: LOAN, DONATION, OR EXCHANGE.
(a) In General.--Section 2572 of title 10, United States Code, is
amended--
(1) in the heading, by striking ``condemned or obsolete
combat'' and inserting ``obsolete or surplus'';
(2) in subsection (a), by striking ``subsection (c)'' and
inserting ``subsection (c)(1)'';
(3) in subsection (b), by striking ``subsection (c)'' and
inserting ``subsection (c)(2)''; and
(4) in subsection (c)--
(A) by striking ``(c) This section'' and ``(c)(1)
Subsection (a)''; and
(B) by adding at the end the following new
paragraph:
``(2) Subsection (b) applies to the following types of
property held by a military department or the Coast Guard:
books, manuscripts, works of art, historical artifacts,
drawings, plans, models, and obsolete or surplus materiel.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 153 of such title is amended by amending the item relating
to section 2572 to read as follows:
``2572. Documents, historical artifacts, and obsolete or surplus combat
materiel: loan, gift, or exchange.''.
SEC. 1044. AUTHORITY TO ENSURE DEMILITARIZATION OF SIGNIFICANT MILITARY
EQUIPMENT FORMERLY OWNED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 153 of title 10, United States Code, is
amended by inserting after section 2582 the following new section:
``Sec. 2583. Continued authority to require demilitarization of
significant military equipment after disposal
``(a) Authority To Require Demilitarizaton.--The Secretary of
Defense may require any person in possession of significant military
equipment formerly owned by the Department of Defense--
``(1) to demilitarize the equipment;
``(2) to have the equipment demilitarized by a third party;
or
``(3) to return the equipment to the United States
Government for demilitarization.
``(b) Cost and Validation of Demilitarization.--When the
demilitarization of significant military equipment is carried out by
the person in possession of the equipment pursuant to paragraph (1) or
(2) of subsection (a), the person shall be solely responsible for all
demilitarization costs, and the United States shall have the right to
validate that the equipment has been demilitarized.
``(c) Return of Equipment to the U.S. Government.--When the
Secretary of Defense requires the return of significant military
equipment for demilitarization by the United States Government, the
Secretary shall bear all costs to transport and demilitarize the
equipment. If the person in possession of the significant military
equipment obtained the property in the manner authorized by law or
regulation and the Secretary determines that the cost to demilitarize
and return the property to the person is prohibitive, the Secretary
shall reimburse the person for the fair market value of the property
or, if the fair market value is not readily ascertainable, the purchase
cost of the property and for the reasonable transportation costs
incurred by the person to purchase the equipment.
``(d) Establishment of Demilitarizaton Standards.--The Secretary of
Defense may prescribe by regulation what constitutes demilitarization
for each type of significant military equipment.
``(e) Exceptions.--This section does not apply--
``(1) when a person is in possession of significant
equipment formerly owned by the Department of Defense for the
purpose of demilitarizing the equipment pursuant to a U.S.
Government contract;
``(2) to small arms weapons issued under the Defense
Civilian Marksmanship Program established in title 36, United
States Code;
``(3) to issues by the Department of Defense to museums
where demilitarization has been performed in accordance with
departmental regulations; and
``(4) to other issues and undemilitarized significant
military equipment under the provisions of departmental
regulations.
``(f) Definition of Significant Military Equipment.--In this
section, the term `significant military equipment' means--
``(1) an article for which special export controls are
warranted under the Arms Export Control Act (22 U.S.C. 2751 et
seq.) because of its capacity for substantial military utility
or capability, as identified on the United States Munitions
List maintained under sect 121.1 of title 22, Code of Federal
Regulations; and
``(2) any other article designated by the Department of
Defense as requiring demilitarization before its disposal.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2583. Continued authority to require demilitarization of significant
military equipment after disposal.''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. POSITION VACANCY PROMOTION CONSIDERATION IN TIME OF WAR OR
NATIONAL EMERGENCY.
(a) Vacancy Promotion Consideration.--Section 14317 of title 10,
United States Code, is amended--
(1) in subsection (d), by striking ``If a reserve officer''
and inserting ``Except as provided in subsection (e), if a
reserve officer''; and
(2) in subsection (e), by inserting ``or, in the case of an
officer who has been ordered to or is serving on active duty in
support of a contingency operation as defined in section
101(a)(13) of this title, a vacancy promotion board'' after
``mandatory promotion board''.
(b) Conforming Amendment.--Paragraph (1) of section 14315(a) of
such title is amended by striking ``or, as determined by the Secretary
concerned, is available to occupy a position'' and inserting ``or,
under regulations prescribed by the Secretary concerned, is recommended
to occupy a position''.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Related to Allies and Friendly Foreign Nations
SEC. 1201. EXPANSION OF AUTHORITY TO CONDUCT THE ARCTIC MILITARY
ENVIRONMENTAL COOPERATION PROGRAM.
Section 327 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law No. 105-261; 112 Stat. 1965), is
amended--
(1) in the title, by inserting ``AND WESTERN PACIFIC''
after ``ARCTIC'';
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (a) as subsection (b);
(4) by inserting after the title the following new
subsection (a):
``(a) Authority To Conduct Program.--Subject to subsection (b), the
Secretary of Defense, with the concurrence of the Secretary of State,
may conduct the Arctic and Western Pacific Military Environmental
Cooperation Program.''; and
(5) in subsection (b), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by inserting ``and Western Pacific''
after ``Subject to paragraph (2), activities
under the Arctic'';
(ii) by inserting ``and assistance'' after
``shall include cooperative''; and
(iii) by striking ``in the Arctic Region'';
and
(B) in paragraph (2)--
(i) by inserting ``Western Pacific'' after
``Activities under the Arctic''; and
(ii) by striking ``for purposes for which
funds for Cooperative Threat Reduction programs
have been denied or are prohibited, including
the purposes''.
SEC. 1202. AUTHORITY TO WAIVE DOMESTIC SOURCE OR CONTENT REQUIREMENTS.
(a) In General.--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 reciprocal defense
procurement memorandum of understanding or agreement with the
United States;
``(2) in a foreign country that has a reciprocal defense
procurement memorandum of understanding or agreement 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 reciprocal
defense procurement memorandum of understanding or agreement
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 reciprocal defense procurement memorandum of
understanding or agreement 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 memorandum of
understanding providing for reciprocal procurement of defense
items between a foreign country and the United States in
accordance with section 2531 of this title; 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) 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. et seq.).
``(3) Sections 2533a, 7309 and 7310 of this title.
``(e) 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.
``(f) 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.''.
(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. 1203. AUTHORITY TO EXPEND FUNDS TO RECOGNIZE SUPERIOR NONCOMBAT
ACHIEVEMENTS OR PERFORMANCE BY MEMBERS OF FRIENDLY
FOREIGN FORCES AND OTHER FOREIGN NATIONALS.
(a) In General--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1051 the following new section:
``Sec. 1051a. Bilateral or regional cooperation programs: expenditure
of funds to recognize superior noncombat achievements or
performance
``(a) General Authority.--The Secretary of Defense may expend
operations and maintenance funds to recognize superior noncombat
achievements or performance, by members of friendly foreign forces and
other foreign nationals, that significantly enhance or support the
National Security Strategy of the United States. Activities that may be
recognized include superior achievement or performance that--
``(1) plays a crucial role in shaping the international
security environment in ways that protect and promote United
States interests;
``(2) supports or enhances United States overseas presence
and peacetime engagement activities such as defense cooperation
initiatives, security assistance training and programs, and
training and exercises with United States Armed Forces;
``(3) helps to deter aggression and coercion, build
coalitions, promote regional stability; and
``(4) serves as role models for appropriate conduct by
militaries in emerging democracies.
``(b) Limitations.--Expenditures for the purchase or production of
suitable mementos under this section shall not exceed the ``minimal
value'' established in accordance with 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: expenditure of
funds to recognize superior noncombat
achievements or performance.''.
SEC. 1204. ADMINISTRATIVE SUPPORT AND SERVICES FOR FOREIGN LIAISON
OFFICERS.
(a) Authority.--Section 1051a of title 10, United States Code, is
amended to read as follows:
``Sec. 1051a. Administrative support and services for foreign liaison
officers
``(a) Authority.--The Secretary of Defense may provide
administrative services and support for the performance of duties by
any liaison officer of another nation while the liaison officer is
assigned to the headquarters of combatant command, component command,
or subordinate operational command of the United States.
``(b) Travel, Subsistence, and Other Expenses.--The Secretary may
pay the travel, subsistence, and similar personal expenses of a liaison
officer of a developing nation involved in a coalition while the
liaison officer is assigned temporarily to the headquarters of a
combatant command, component command, or subordinate operational
command of the United States, in connection with the planning for, or
conduct of, a coalition operation, if the assignment is requested by
the commander of the combatant command.
``(c) Reimbursement.--To the extent that the Secretary determines
appropriate, the Secretary may provide the services and support
authorized under subsection (a) and the expenses authorized by
subsection (b) with or without reimbursement from (or on behalf of) the
recipients.
``(d) Definitions.--In this section:
``(1) The term `administrative services and support'
includes base or installation support services, office space,
utilities, copying services, fire and police protection, and
computer support.
``(2) The term `coalition' means an ad hoc arrangement
between or among the United States and one or more other
nations for common action.''.
SEC. 1205. GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.
Section 1306 (b)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) is amended by
striking ``military officers and civilian officials of cooperation
partner states of the North Atlantic Council or the Partnership for
Peace'' and inserting ``foreign participants''.
SEC. 1206. RESTRICTIONS ON PERMANENT TRANSFER OF SIGNIFICANT MILITARY
EQUIPMENT.
(a) In General.--Chapter 138 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2350l. Restrictions on permanent transfer of significant
military equipment
``(a) Transfer of Significant Military Equipment.--Lethal and non-
lethal military equipment designated as significant military equipment
(SME), may be permanently transferred, with the concurrence of the
Secretary of State, only when the transaction is conducted as
replacement in kind, where the equipment is identical, and in
situations where the recipient country has an existing inventory for
the SME in question.
``(b) Export and Transfer Laws.--The authority to transfer SME in
accordance with subsection (a) is subject to all other applicable laws
and regulations pertaining to export and transfers.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2350l. Restrictions on permanent transfer of significant military
equipment.''.
SEC. 1207. AMENDMENT TO AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER
FOR SECURITY STUDIES OF FOREIGN GIFTS AND DONATIONS.
Section 2611 of title 10, United States Code, is amended--
(1) by striking ``foreign'' from--
(A) the title;
(B) subsection (a) in both places it appears;
(C) subsection (c);
(D) subsection (f)--
(i) in the heading; and
(ii) the first place it appears; and
(E) from the section title in the table of sections
in the beginning of the chapter;
(2) in subsection (a)(1), by adding at the end the
following sentence: ``Such donations may be accepted from any
agency of the Federal Government, any State or local
government, any foreign government, any foundation or other
charitable organization (including any that is organized or
operates under the laws of a foreign country), or any other
private source in the United States or a foreign country.'';
and
(3) in subsection (f), by striking all after ``services''
and inserting a period.
SEC. 1208. ADDITION OF INDIVIDUALS AUTHORIZED TO RECEIVE CHECK CASHING
AND EXCHANGES OF FOREIGN CURRENCY.
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 military member of an allied or coalition nation
who is part of a joint operation, joint exercise, humanitarian
or peacekeeping mission with the military forces of the United
States, provided that such accommodation has been approved by
the senior United States military commander assigned to the
joint operation or mission, that the allied or coalition nation
has guaranteed payment for any deficiency resulting from such
accommodation, and that accommodations of negotiable
instruments are limited to negotiable instruments drawn
on financial institutions located in the United States or on foreign
branches of such institutions.''.
SEC. 1209. CONTINUATION OF THE REGIONAL DEFENSE COUNTERTERRORISM
FELLOWSHIP PROGRAM.
The Secretary of Defense may pay for all costs associated with the
attendance of foreign military officers, ministry of defense officials,
and 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 transportation, travel, and subsistence
costs.
SEC. 1210. LOGISTICS SUPPORT FOR FRIENDLY NATIONS.
Section 2342 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Notwithstanding any other provision of law or regulation, the
Secretary of Defense, when in the best interests of the United States
and subject to the availability of appropriations, may provide
logistics support, supplies and services, on a reimbursable or non-
reimbursable basis, without a completed cross-servicing or foreign
military sales agreement, to the following countries participating,
with or on behalf of the United States, in an exercise, a contingency
operation, as defined by section 101 of this title, or war--
``(1) North Atlantic Treaty Organization bodies and member
countries;
``(2) Countries permitting stationing of United States
Armed Forces, importation of United States military equipment
and materials and porting of ships;
``(3) Counties holding a defense alliance with the United
States; and
``(4) Countries hosting military exercises involving the
United States.''.
Subtitle B--Other Matters
SEC. 1221. REPEAL OF THE AUTHORIZATION FOR THE ESTABLISHMENT OF THE
CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.
Section 914 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 721), is repealed.
TITLE XIII--HOMELAND SECURITY
Sec. 1301. Sales of chemical and biological defense articles and
services to state and local governments.
SEC. 1301. SALES OF CHEMICAL AND BIOLOGICAL DEFENSE ARTICLES AND
SERVICES TO STATE AND LOCAL GOVERNMENTS.
(a) Authority for Procurement and Sales.--Chapter 18 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 383. Sales of chemical and biological defense articles and
services to State and local governments
``(a) Procurement Through the Department of Defense.--The Secretary
of Defense shall establish procedures in accordance with this
subsection under which States and units of local government may
purchase articles suitable for chemical and biological defense and
operator training, repair and maintenance, and similar services in
connection with such articles, through the Department of Defense.
``(b) Sales From Inventories.--The Secretary of Defense may sell
articles suitable for chemical and biological defense in Department of
Defense inventories to States and units of local government at a price
based upon the estimated or actual costs incurred by the Department in
providing the articles.
``(c) Provision of Services.--The Secretary may provide, within any
State or unit of local government, operator training, repair and
maintenance, and similar services in connection with articles suitable
for chemical and biological defense at a price based upon the estimated
or actual costs incurred by the Department in providing the services.
``(d) Payment for Articles and Services.--Payment for articles and
services under this section may be in advance or on providing the
articles or services.
``(e) Reimbursement of Administrative Costs.--In the case of any
purchase made by a State or unit of local government under this
section, the Secretary may require the State or unit of local
government to reimburse the Department of Defense for administrative
costs to the Department of such purchase.
``(f) Credit of Funds from Sales.--Funds received by the Department
of Defense from sales of articles under subsection (b) shall be
credited to the military department, Defense Agency, or Department of
Defense Field Activity that sold the articles so as to merge with and
become available for the same purposes and period as the accounts to
which they are credited, and shall be available until expended only for
the acquisition of articles suitable for chemical and biological
defense.
``(g) Credit of Funds for Services.--Funds received for the
provision of services under subsection (c) shall be credited to the
military department, Defense Agency, or Department of Defense Field
Activity that provided the services and shall be available until
expended only for the provision of such services.
``(h) Definitions.--In this section:
``(1) The terms `articles suitable for chemical and
biological defense' and `services' have the meaning given those
terms in regulations as prescribed by the Secretary of Defense.
``(2) The term `State' has the meaning given the term in
section 381(d)(1)of this title.
``(3) The term `unit of local government' has the meaning given
the term in section 381(d)(2) of this title.''.
``(b) Clerical Amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new item:
``383. Sales of chemical and biological defense articles and services
to State and local governments.''.
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 or 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
Alaska......................... Fort Wainwright...... $138,800,000
Georgia........................ Fort Benning......... $30,000,000
Fort Stewart/Hunter $64,500,000
Army Air Field......
Hawaii......................... Helemano Military $1,400,000
Reservation.
Schofield Barracks... $119,400,000
Kansas......................... Fort Riley........... $40,000,000
Kentucky....................... Fort Knox............ $3,500,000
Louisiana...................... Fort Polk............ $72,000,000
Maryland....................... Fort Meade........... $9,600,000
New York....................... Fort Drum............ $114,500,000
North Carolina................. Fort Bragg........... $152,000,000
Oklahoma....................... Fort Sill............ $3,500,000
Texas.......................... Fort Hood............ $47,000,000
Virginia....................... Fort Myer............ $9,000,000
Washington..................... Fort Lewis........... $3,900,000
-----------------
Total............ $814,600,000
------------------------------------------------------------------------
(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 or 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
------------------------------------------------------------------------
Germany........................ Area Support Group, $17,900,000
Bamberg.
Darmstadt.............. $7,700,000
Grafenwoehr............ $76,000,000
Heidelberg............. $17,000,000
Hohenfels.............. $13,200,000
Mannheim............... $4,300,000
Schweinfurt............ $7,500,000
Wuerzburg.............. $18,500,000
Italy.......................... Aviano Air Base........ $15,500,000
Livorno................ $22,000,000
Korea.......................... Camp Casey............. $86,000,000
Camp Hovey............. $29,000,000
Kwajalein Atoll................ Kwajalein Atoll........ 9,400,000
---------------
Total.................. $324,000,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--(1) Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(3) and
amounts, not to exceed $150,000,000 provided under Public Law 107-38,
the Secretary of the Army may acquire personal services and real
property, and may provide for the operation and construction of
critical infrastructure and allied systems to ensure essential
governmental functions for the installation or location, and in the
amount, set forth in the following table:
Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Worldwide Unspecified.......... Unspecified Worldwide.. $663,900,000
---------------
Total.................. $663,900,000
------------------------------------------------------------------------
(2) Military Construction projects, and those funded in whole or in
part under Public Law 107-38, containing national security classified
information and for the purposes of preventing, responding to, or
countering the effects of terrorist attacks shall comply, to the extent
practical, with applicable Federal, State, and local laws and other
orders regarding regulatory compliance, consultation, coordination and
inspection; provided that in carrying out such projects--
(A) no such compliance, consultation, coordination or
inspection may expose, endanger, or otherwise compromise
national security; and
(B) any anticipated exception to such compliance,
consultation, coordination or inspection shall be addressed in
project documentation submitted to Congress under paragraph
(3).
(3) Where applicable, project documentation submitted to the
congressional defense committees shall satisfy general provisions of
section 1001 of Public Law 107-117 and address any exception to
compliance, consultation, coordination or inspection anticipated by
paragraph (2).
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 or locations, for the purposes and in
the amounts, set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright............ 100 Units.................. $44,000,000
Arizona................................. Fort Huachuca.............. 160 Units.................. $27,000,000
Kentucky................................ Fort Knox.................. 178 Units.................. $41,000,000
New Mexico.............................. White Sands Missile Range.. 58 Units................... $14,600,000
-------------
Total:................. $126,600,000
----------------------------------------------------------------------------------------------------------------
(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 $197,803,000.
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 $2,935,927,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $721,600,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $314,000,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2101(c),
$178,700,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $20,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $122,710,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $356,891,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,043,026,000.
(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.
1281), $33,000,000.
(8) 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 2002 (division B of Public Law 107-107; 115
Stat. 1283), as amended by section 2105 of this Act,
$49,000,000.
(9) For the construction of phase 2 of a barracks complex,
Range Road, at Fort Campbell, Kentucky, authorized by section
2101(a) of the Bob Stump National Defense 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 3 of a barracks complex,
17th & 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; Stat.
1280), $48,000,000.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2002 PROJECTS.
(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), is amended in the item relating to
Fort Richardson, Alaska, by striking ``$115,000,000'' in the amount
column and inserting ``$117,000,000''.
(b) Conforming Amendment.--Paragraph (2) of section 2104(b) of such
Act (115 Stat. 1284) is amended by striking ``$52,000,000'' and
inserting ``$54,000,000''.
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 or 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 $6,150,000
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 $49,710,000
Diego.
Marine Air Ground Task $28,390,000
Force Training
Center, Twentynine
Palms................
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.
New Jersey..................... Naval Air Warfare $20,681,000
Center, Lakehurst.
Naval Weapons Station, $123,720,000
Earle.
North Carolina................. Marine Corps Air $6,240,000
Station, New River...
Marine Corps Base, $29,450,000
Camp Lejeune.
Rhode Island................... Naval Station, Newport $16,140,000
Naval Undersea Warfare $10,890,000
Center, Newport......
Virginia....................... Henderson Hall, $1,970,000
Arlington.
Marine Corps Combat $3,700,000
Development Command,
Quantico.............
Naval Amphibious Base, $3,810,000
Little Creek.
Naval Station, Norfolk $182,240,000
Naval Space Command $20,520,000
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............. $1,244,772,000
------------------------------------------------------------------------
(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 installations or 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 Maddalena..........
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)(6)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, 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................... $4,447,000
Pensacola.................
North Carolina.......................... Marine Corps Base, Camp 519 Units.................. $68,531,000
Lejeune...................
Marine Corps Air Station, 339 Units.................. 42,803,000
Cherry Point..............
-------------
Total.................. $157,366,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriation in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $8,381,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of 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.
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 $2,169,829,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $909,992,000.
(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), $852,778,000.
(6) For construction of a shipboard ashore BEQ at Naval
Shipyard Norfolk, Virginia, authorized in 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.
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 or 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. $33,261,000
Elmendorf Air Force $2,000,000
Base.
Arizona........................ Davis-Monthan Air Force $10,062,000
Base.
Arkansas....................... Little Rock Air Force $3,695,000
Base.
California..................... Beale Air Force Base... $22,750,000
Edwards Air Force Base. $19,444,000
Colorado....................... Buckley Air Force Base. $7,019,000
District of Columbia........... Bolling Air Force Base. $9,300,000
Florida........................ Hurlburt Field......... $7,800,000
Tyndall Air Force Base. $6,320,000
Georgia........................ Robins Air Force Base.. $29,264,000
Hawaii......................... Hickam Air Force Base.. $73,296,000
Idaho.......................... Mountain Home Air Force $5,445,000
Base.
Illinois....................... Scott Air Force Base... $1,900,000
New Jersey..................... McGuire Air Force Base. $11,861,000
New Mexico..................... Tularosa............... $3,600,000
Kirtland Air Force Base $7,097,000
North Carolina................. Pope Air Force Base.... $24,499,000
Seymour Johnson Air $11,222,000
Force Base.
North Dakota................... Minot Air Force Base... $3,190,000
Ohio........................... Wright-Patterson Air $10,500,000
Force Base.
Oklahoma....................... Altus Air Force Base... $1,167,000
Tinker Air Force Base.. $19,444,000
South Carolina................. Charleston Air Force $9,042,000
Base.
Texas.......................... Goodfellow Air Force $20,335,000
Base.
Lackland Air Force Base $57,360,000
Sheppard Air Force Base $29,167,000
Utah........................... Hill Air Force Base.... $15,848,000
Virginia....................... Langley Air Force Base. $25,474,000
---------------
Total.................. $494,762,000
------------------------------------------------------------------------
(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 or 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... $25,328,000
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
Turkey......................... Incirlik Air Base...... $3,262,000
United Kingdom................. Royal Air Force, $30,587,000
Lakenheath.
Royal Air Force, $10,558,000
Mildenhall.
Wake Island.................... Wake Island............ $24,000,000
---------------
Total.............. $171,159,000
------------------------------------------------------------------------
(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 or location, and in
the amount, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location location Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $29,501,000
---------------
Total.............. $29,501,000
------------------------------------------------------------------------
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 or locations, 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
Turkey.................................. Incirlik Air Base.......... 100 Units.................. $17,538,000
United Kingdom.......................... Royal Air Force, Lakenheath 89 Units................... $23,640,000
-------------
Total.................. $417,136,000
----------------------------------------------------------------------------------------------------------------
(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
$248,998,000.
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 $2,302,857,000
as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $486,282,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $171,159,000.
(3) For the 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, $695,622,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $834,468,000.
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 $27,700,000
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 $4,100,000
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
Tri-Care Management Activity... Naval Station, $15,714,000
Anacostia, District of
Columbia..............
Naval Submarine Base, $6,700,000
New London,
Connecticut...........
United States Air Force $22,100,000
Academy, Colorado.....
Walter Reed Medical $9,000,000
Center, District of
Columbia..............
Washington Headquarters Arlington, Virginia.... $38,086,000
Services......................
---------------
Total.............. $298,870,000
------------------------------------------------------------------------
(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 $26,000,000
Base, Guam............
Grafenwoehr, Germany... $12,585,000
---------------
Total.............. $137,699,000
------------------------------------------------------------------------
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 2404(a)(5)(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.
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
$1,017,718,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $296,670,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $120,334,000.
(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 of this Act, $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 and 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.
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.
Funds are hereby 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, $168,298,000; and
(B) for the Army Reserve, $68,478,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $28,032,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $60,430,000; and
(B) for the Air Force Reserve, $44,312,000.
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.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of
Public Law 106-398; 114 Stat. 1654A-389), authorizations set forth in
the tables in subsection (b), as provided in sections 2102, 2201, and
2404 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--GFOQ....... $250,000
----------------------------------------------------------------------------------------------------------------
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 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....................
----------------------------------------------------------------------------------------------------------------
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 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) Table.--The tables referred to in subsection (a) are 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: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. National Guard Ft. Multi-purpose Range-Heavy.... $13,500,000
Pickett.................
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, and XXVII 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 and Military Family Housing
SEC. 2801. STREAMLINING MILITARY CONSTRUCTION TO REDUCE FACILITY
ACQUISITION AND CONSTRUCTION CYCLE TIME.
(a) Thresholds.--(1) Section 2803(c)(1) of title 10, United States
Code, is amended by striking ``$30,000,000'' and inserting
``$60,000,000''.
(2) Section 2805 of such title is amended--
(A) in subsection (a)(1)--
(i) by striking ``$1,500,000'' and inserting
``$3,000,000''; and
(ii) by striking ``$3,000,000'' and inserting
``$6,000,000''.
(B) in subsection (b)(1) by striking ``$750,000'' and
inserting ``$1,500,000''; and
(C) in subsection (c)(1)--
(i) by striking ``$1,500,000'' in subparagraph (A)
and inserting ``$3,000,000''; and
(ii) by striking ``$750,000'' in subparagraph (B)
and inserting ``$1,500,000''.
(3) Section 2811(b) of such title is amended by striking
``$5,000,000'' and inserting ``$10,000,000''.
(4) Section 18233a of such title is amended by striking
``$1,500,000 in subsection (a)(1) and inserting ``$3,000,000''.
(b) Project Applicability.--Section 2805(b)(1) of such title is
amended by inserting at the end ``This paragraph shall not apply to
unspecified minor military construction projects using funds made
available for operation and maintenance in accordance with subsection
(c).''
(c) Design-Build Contracting.--(1) Section 2305a(c)(5) of such
title is amended--
(A) by inserting ``(A)'' after ``(5)''; and
(B) by adding at the end the following new subparagraph:
``(B) Notwithstanding any other provision of law, a military
department may accelerate design effort for design-build contracts
(fast-track design funding) to accomplish the design effort for any
military construction or family housing construction project, prior to
the project being authorized and appropriated, if (1) the contractor to
whom the contract will be awarded has been selected using design-build
selection procedures established under this section, (2) a request for
the authorization and appropriation of construction funds has been
submitted to Congress as part of the Department's annual budget, and
(3) the Government's liability in a Termination for Convenience would
not exceed costs above that attributable to the final design of
the project.''.
(2) Section 2807(a) of such title is amended by striking ``in
connection with military construction projects not otherwise authorized
by law'' at the end of the first sentence and inserting ``regardless of
the intended acquisition approach, in connection with a military
construction project otherwise, or not otherwise, authorized by law''.
(d) Cost Variations.--Section 2853(a) of such title is amended by
striking ``or 200 percent of the minor construction project ceiling
specified in section 2805(a)(1), whichever is less''.
(e) Real Property Transactions.--(1) Section 2662 is repealed.
(2) Section 2672 of such title is amended--
(A) in the title, by striking ``$500,000'' and inserting
``the unspecified minor military construction project ceiling
in section 2805(a)(1) of this title''; and
(B) in subsection (a)(1)(B), by striking ``$500,000'' and
inserting ``the unspecified minor military construction project
ceiling in section 2805(a)(1) of this title''; and
(C) in subsection (a)(2), by striking ``$500,000'' and
inserting ``the unspecified minor military construction project
ceiling in section 2805(a)(1) of this title''.
(3) Section 2672a(b) of such title is amended by striking the last
sentence.
SEC. 2802. INCREASED TERMS FOR LEASES OF FAMILY HOUSING AND OTHER
FACILITIES IN FOREIGN COUNTRIES.
(a) Leases of Family Housing in Foreign Countries.--Section
2828(d)(1) of title 10, United States Code, is amended by striking
``ten years'' and inserting ``fifteen years''.
(b) Leases of Other Facilities in Foreign Countries.--Section 2675
of such title is amended by striking ``five years'' and inserting
``fifteen years''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXPANDED AUTHORITY TO TRANSFER PROPERTY AT MILITARY
INSTALLATIONS TO BE CLOSED TO PERSONS WHO CONSTRUCT OR
PROVIDE MILITARY HOUSING.
(a) 1988 Law.--Section 204(e) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended by striking ``Family'' in the subsection
heading.
(b) 1990 Law.--Section 2905(f) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) is amended by striking ``Family'' in the subsection
heading.
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 by adding at the end the following new
subsections:
``(f) In addition to any cash consideration accepted under
subsection (e), the Secretary concerned may accept in-kind
consideration with respect to easements granted under this section,
including the following:
``(1) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities under the control of the
Secretary concerned.
``(2) Construction of new facilities.
``(3) Provision of facilities for use by the military
departments.
``(4) Facilities operation support.
``(5) Provision of such other services relating to
activities that will occur on the property subject to the
easement, as the Secretary concerned considers appropriate.
``(g) The Secretary concerned may accept in-kind consideration
under subsection (f) at any property or facilities under his or her
control that he or she selects for that purpose.
``(h) Sections 2662 and 2802 of this title shall not apply to
construction of any new facilities accepted as in-kind consideration
under this subsection.''.
(b) Easements for Rights-of-Way: Gas, Water, and Sewer Pipelines.--
Section 2669 of such title is amended by adding at the end the
following new subsections:
``(f) In addition to any cash consideration accepted under
subsection (e), the Secretary concerned may accept in-kind
consideration with respect to easements granted under this section,
including the following:
``(1) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities under the control of the
Secretary concerned.
``(2) Construction of new facilities.
``(3) Provision of facilities for use by the military
departments.
``(4) Facilities operation support.
``(5) Provision of such other services relating to
activities that will occur on the property subject to the
easement, as the Secretary concerned considers appropriate.
``(g) The Secretary concerned may accept in-kind consideration
under subsection (f) any property or facilities under his or her
control that he or she selects for that purpose.
``(h) Sections 2662 and 2802 of this title shall not apply to
construction of any new facilities accepted as in-kind consideration
under this subsection.''.
SEC. 2813. MODIFICATION OF AUTHORITY TO ACCEPT FUNDS TO COVER
ADMINISTRATIVE EXPENSES RELATING TO CERTAIN REAL PROPERTY
TRANSACTIONS.
Section 2695 of title 10, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authority To Accept.--In connection with a real property
transaction referred to in subsection (b) with a non-Federal person or
entity, the Secretary of a military department may charge the person or
entity, either in advance or arrears, amounts to cover administrative
expenses incurred by the Secretary in reviewing and implementing the
covered transaction.'';
(2) in subsection (b), by inserting ``whether or not the
transaction is completed'' before the colon; and
(3) in subsection (c)--
(A) by inserting ``or are to be'' after ``expenses
were''; and
(B) by adding at the end the following new
sentence: ``After liquidation of all subsection (a)
administrative expenses, the amount of any overpayment
shall be refunded to the non-Federal person or entity
from the appropriation, fund, or account into which the
funds were originally deposited in such a way as to
merge with and become available for the same purposes
and period as the accounts to which they are
credited.''.
SEC. 2814. AUTHORITY TO CONVEY PROPERTY AT MILITARY INSTALLATIONS TO
PERSONS WHO CONSTRUCT OR PROVIDE MILITARY HOUSING.
(a) Authority To Convey Property.--Subchapter III of chapter 169 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2869. Conveyance of property to persons who construct or provide
military housing
``(a) Authority To Convey Property.--Subject to subsection (b), the
Secretary concerned may enter into an agreement to convey real
property, including any improvements, structures or fixtures located
thereon, on a military installation to any person who agrees, in
exchange for the real property, to transfer to the Secretary housing
that is constructed or provided by the person and located at or near a
military installation at which there is a shortage of suitable housing
to meet the requirements of members of the Armed Forces and their
dependents.
``(b) Requirements for Conveyance.--A conveyance of real property
may be made under subsection (a) only if--
``(1) the Secretary determines that the real property to be
conveyed is in excess of the needs of the military
installation;
``(2) the fair market value of the housing to be received
by the Secretary in exchange for the real property to be
conveyed is equal to or greater than the fair market value of
such property, including any improvements, structures or
fixtures located thereon, as determined by the Secretary; and
``(3) in the event the fair market value of the housing is
less than the fair market value of the real property to be
conveyed, including any improvements, structures or fixtures
located thereon, the recipient of the real property agrees to
pay to the Secretary the amount equal to the excess of the fair
market value of such real property over the fair market value
of the housing.
``(c) Deposit of Funds.--Notwithstanding any other provision of
law, the Secretary may deposit funds received under subsection (b)(3)
in the Department of Defense Housing Improvement Fund established under
section 2883(a) of this title to be merged with and used for the same
purpose as funds already in the account.
``(d) Exemptions.--The conveyance of real property under this
section shall not be subject to the following:
``(1) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411).
``(2) Section 2693 of this title.
``(e) Additional Terms.--The Secretary may require any additional
terms and conditions in connection with an agreement authorized by this
section as the Secretary considers appropriate to protect the interests
of the United States.
``(f) Definition.--In this section, the term `housing' means both
military family housing and military unaccompanied housing.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2869. Conveyance of property to persons who construct or provide
military housing.''.
(c) Conforming Amendment.--Section 2883(c)(1) of such title is
amended by adding at the end the following new subparagraph:
``(F) Any amounts that the Secretary concerned transfers to
that Fund pursuant to section 2869 of this title.''.
SEC. 2815. INCREASE IN THRESHOLD FOR REPORTS TO CONGRESSIONAL
COMMITTEES ON REAL PROPERTY TRANSACTIONS.
Section 2662 of title 10, United States Code, is amended by
striking ``$500,000'' each place it appears and inserting ``the
unspecified minor military construction project limit under section
2805(c)(1)(B) of this title''.
SEC. 2816. CONTRACTING WITH LOCAL GOVERNMENTS FOR MUNICIPAL SERVICES.
(a) Authority.--Chapter 146 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2476. Contracting with local governments for municipal services
``Subject to the provisions of this chapter, but notwithstanding
any other provision of law related to the award of public contracts,
the Secretary of Defense or the Secretary of a military department may
enter directly into a contract or other agreement for public works,
utility and other municipal services at an installation or facility of
the Department of Defense, with the municipality or local government
responsible for serving the area that includes that installation or
facility. The Secretary concerned may enter into such a contract or
agreement, even if the municipality or local government to which the
Secretary makes award is required by law to provide those services to
the public without direct charge.''.
(b) Conforming Amendment.--Section 816 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2820) is repealed.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2476. Contracting with local governments for municipal services.''.
Subtitle C--Other Matters
SEC. 2821. INCREASE AUTHORITY TO LEASE MILITARY FAMILY HOUSING IN
ITALY.
Section 2828(e)(2) of title 10, United States Code, is amended by
striking ``2,000'' and inserting ``2,800''.
SEC. 2822. CONVEYANCE OF ARMY AND AIR FORCE EXCHANGE SERVICE PROPERTY,
DALLAS, TEXAS.
(a) Conveyance Authorized.--The Secretary of Defense may authorize
the Army and Air Force Exchange Service, which is a nonappropriated
fund instrumentality of the United States, to sell all right, title,
and interest of the United States in and to a parcel of real property,
including improvements thereon, that is located at 1515 Roundtable
Drive in Dallas, Texas.
(b) Consideration.--As consideration for conveyance under
subsection (a), the purchaser shall pay, in a single lump sum payment,
an amount equal to the fair market value of the real property conveyed,
as determined by the Secretary. The payment shall be handled in the
manner provided in section 204(c) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(c)). Such funds and
credit receipts shall not go to the general treasury but to the
Department of Defense to merge with and become available for the same
purposes and period as the accounts to which they are credited.
(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 purchaser.
(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.
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